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A63227 The tryals of Thomas Walcot, William Hone, William Lord Russell, John Rous & William Blagg for high-treason for conspiring the death of the King, and raising a rebellion in this kingdom at the Sessions-House in the Old-Baily, London, on a commission of oyer and terminer held there for the city of London and county of Middlesex, on Thursday, Friday and Saturday, July 12, 13 and 14, 1683. Walcot, Thomas, d. 1683.; Hone, William, d. 1683.; Russell, William, Lord, 1639-1683.; Rouse, John, d. 1683.; Blague, William.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1683 (1683) Wing T2265; ESTC R21861 139,903 84

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Gen. ●● L●rd we shall besides this now we have fixed this upon my Lord give you ●n●ccount that these Persons that w●re to Rise always took them as their Pay-masters and expected their Assistance Mr. ●est Mr Keeling and Mr. Lesgh ●r West Sworn Mr. At. Gen. That which I call you to is to know whether or no in your managery of this Plot you und●r●tood any of the Lords were conc●rned and which Mr. West My Lord As to my Lord Russell I never had any Conversation with him at all but that I have heard in this ●hat in the In●●rre●tion in November Mr. Ferguson and Colonel Rumsey did reli●me that my Lord Rus●ell intended to go down and take his Post in the West when Mr Trenchard had failed them L. C. Just. What is this Mr. At. Gen We have proved my Lord privy to the Consults now we go about to prove the Under-acters did know it Mr. West They always said my Lord Russell was the Man they most depended upon because he was a Person looked upon as of great Sobriety L. Russell Can I hinder People from making use of my Name To have this brought to in●●uence the Gentlemen of the Jury and in●ame them against me is hard L. C. Just. As to this the giving Evidence by hear-say will not be Evidence what Colonel Rumsey or Mr. Fergu●●n told Mr. West is no Evidence Mr. At Gen. 'T is not Evidence to Convict a Man if there were not plain Evidence before but in plainly confirms what the other Swears But I think we need no more Sir G. Jeff. We have Evidenc● without it and will not use any thing of Garniture we will leave it as 't is we wo●'t trouble your Lordship any further I think Mr. Attorney we have done with our Evidence L. C. Just. My Lord Russell the Kings Counsel do think to rest upon this Evidence that they have given against your Lordship I would put your Lordship in mind of those things that are material in this ●●se and proved again●t your Lordship Here is Colonel Rum●ey does prove against your Lordship this That he was sent upon an Errand which in truth was Traiterous it was a Traiterous Errand sent from my Lord Shaft●bury by him to that Meeting He does Swear your Lordship was at that Meeting and he delivered his Errand to them which was to know what account could be given concerning the Design of the Insurrection at Taunton and he says your Lordship being there this return was made That Mr. Trenchard had failed them in his Undertaking in the Business and therefore my Lord Shaftsbury must be contented and sit down satisfied as to that time Mr Sheppard does likewise speak of the same time that your Lordship was there with the rest of the Persons the Duke and others That there was a Discourse concerning an Insurrection to have been made though he is not so particular as to the very Notion of it as Colonel Rumsey is as to the time they do agree L. Russell Col. Rumsey is not positive that I say'd or heard anything L. C. Just. My Lord If you will have a little Patience to hear me I will tell you what it is presses you there is this which I have mentioned and Mr. Sheppard does say there was a Paper purporting a Declaration then Read among the Company there which was to be Printed upon the Rising Setting forth the Oppressions and Greivances of the Nation And then my Lord Howard after a great dicourse concerning the many designs of my Lord Shaftsbury comes particularly to your Lordship and says that Six of you as a chosen Counsel among your selves not that you were actually chosen but as a chosen Counsel among your selves did undertake to mannage the great matter of the Insurrection and Raising of Men in order to surprize the Kings Guards and for to Rise which is a Rebellion in the Nation He says that you had sever●l Consults concerning it I told you the several particulars of those Consults He mentioned Now it is fit for your Lordship and 't is your time to give some answer to these things L. Russell My Lord I cannot but think my self mighty unfortunate to stand here charged with so High and Hainous a Crime and that intricated and intermixed with the Treasons and horrid Practices and Speeches of other People the Kings Counsel taking all advantages and improving and heightning things against me I am no Lawyer a very unready speaker and altogether a stranger to things of this Nature and alo●e and without Councel Truly my Lord I am very sensible I am not so provided to make my just defence as otherwise I should do But my Lord you are equal and the Gentlemen of the Jury I think are Men of Consciences they are Strangers to me and I hope they value Innocent Blood and will consider the Witnesses they may be accounted they can't be Credible And for Col Rumsey who it's Notoriously known hath been so highly Obliged by the King and the Duke for him to be capable of such a design of Murdering the King I think no body will wonder if to save his own Life he will endeavour to take away mine neither does he Swear enough to do it And then if he did the Time by the 13 th of this King is Elapsed it must be as I understand by the Law Prosecuted withiSix Months and by the 25 E. 3. a design of Levying War is no Treason unless by some overt A●●it appear And my Lord I desire to know what Statute I am to be Tryed upon for Generals I think are not to be gone upon in these Cases L. C. Just. To the Attorney General● Mr. Attorney You hear what it is my Lord Objects to this Evidence He says that as to those Witnesses that Testify any thing concerning him above Six Months before he was Prosecuted he conceives the Act of Parliament upon which ●e takes himself to be Indicted does not extend to it for that says that within Six Months there ought to have been a Prosecution And my Lord tells you that he is advised that a design of Levying War without actual Levying of War was not Treason before that Statute Mr. At. Gen. To Satisfy my Lord He is not Indicted upon that Statute We go upon the 25 E. 3. But then for the next Objection surely My Lord is Informed wrong To Raise a Rebellion or a Conspiracy within the Kingdom is it not that which is called Levying of War in that Statute but to Raise a Number of Men to brake Prisons c. Which is not so directly tending against the Life of the King To prepare Forces to Fight against the King that is a design within that Statute to Kill the King And to design to depose the King to Imprison the King to Raise the Subjects against the King these have been setled by several Resolutions to be Within that Statute and Evidences of a design of Killing the King L. Russell My Lord