Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43957	The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.	Turner, John, b. 1649 or 50.	1684 (1684)	Wing H2190B; Wing T3309_CANCELLED; ESTC R41849	81,748	75

Attorney General said He had only one piece of Evidence to give more That he was one of the Accomplices of the Lord Russel and therefore he would give in Evidence his Conviction To which purpose the Lord Howard was ask'd Whether he was not Sworn as a Witness at the Tryal of the Lord Russel who Ansering Yes The next Question was Whether in those debates there were any Reflections upon the King that he Reflections upon the Kings Misgovernment particularly for imposing upon the City had broken his Duty to which the Lord Howard Answered Not personally upon the King but upon his Misgovernment and principally that which they thought was the general disgust of the Nation their imposing upon the City at that time which was the thing then complain'd of and look'd upon as the chief Grievance Then the Copy of the Conviction being Sworn by Mr. T to be a true Copy examin'd by the Original was read Here the Attorney General rested unless the Jury desired to hear the Words of the Libel read again which they did not So that Colonel Sidn●y being now free to make his Defence desired The Prisoner desires to know upon what Statute he was Indicted Is Answered upon the 25th of Edward the 3d. in the first place to know upon what Statute he was Indicted to which it was Answered by the Attorney General that he was Indicted upon the Statute of the 25th of Edward the 3d. The Prisoner desired to know upon what Branch of the Statute It was reply'd Upon the first Branch for Conspiring and Compassing the Death of the King To which the Prisoner reply'd That then he conceiv'd that what came not within that Statu●e did not touch him and desired to know what the Witn●sses had Sworn against him upon that Point the Lord Chief Justice told him repeating the Att●rney Generals Words That he was Indicted upon the Statute of the 25th of Edward the 3d. which makes it High-Treason to Conspire the Death of the King and that the Overt Act was sufficiently set forth in the Indictment the Question was Whether 't were prov'd To which the Prisoner pleaded That they had prov'd a Paper found in his Study of Caligula and N●ro and ask'd whether that He puts a Question as to his Paper were Compassing the Death of the King The Lord Chief Justice reply'd He should tell the Jury that Aswered by the Court. and told them that the Point in Law they were to receive from the Court but whether there were Fact sufficient was their Duty to consider Then Colonel Sidney undertook his Defence saying That since he was Indicted upon that Statute he was not to take notice of any other That he was Indicted for Conspiring the Death of the King because such a Paper was found in his Study That under favour he thought that would be nothing to him For that tho Sir Phillip Lloyd did ask him whether he would put his Seal to it He did not ask him till he had been in his Clos●t and he did not know what he had put in and therefore he told him he would not do it That then came the Gentlemen upon similitude of Hands to which he Answered That it was well known what similitude of Hands was in this Age. That a Person came to him He denies the similitude of hands to be a good proof and told him but about two days before that one came to him and offer'd him to counterfeit any hand he should shew him in half an Hour and therefore he had nothing to say to those Papers Then for Point of Witness that he could not be Indicted much He alledges two Witnesses to the branch to which the Treason relates less Tryed or Condemned upon the 25th of Edward the 3d. for that by that Act there must be two Witnesses to that very Branch to which the Treason relates which must be distinguished For the Levying of War and Conspiring the Death of the King are two different things distinct in Nature and Reason and so distinguished in the Statute and therefore the Conspiring the Death of the King was Treason the other not That the 1st of Edward the 8th 12th and 5th Edw. 6. 11. did expressly say there must be two Witnesses in either of those Acts. That then there was the Lord Howard who only spoke of six Men whom he call'd a Select Council and yet Selected by no Person in the World He desir'd to know Who Selected the Lord Howard or who Selected Him That if they were Selected by no Body it was a Bull to say they were a Select●d Council That if they were not Selected but Erected themselves into a Cabal then they had either Confid●nce in one another or found they were ne're able to assist one another in the Design But there was nothing of all that for that those six Men were Strangers one to another That for his part he never spake with the Duke of Monmouth but three times in his Life and that one time was when ●he Lord Howard brought him to the Prisoners House and couzen'd them both by telling the Duke that the Prisoner had invited him and the Prisoner that the Duke invited himself and neither true Now that such Men as those were hardly knowing one another should presently fall into a great and intimate Friendship and trust and management of such businesses as those were was a thing utterly improbable unless they were mad That he found in the Lord Howards Deposition against the Lord Russel That they were in Prosecution of the Earl of Shaftsbury's Design and yet acknowledged that the Duke of Monmouth said he was mad and that he himself said so too That therefore should they have joyned with four more in the Prosecution of the Design of a mad-Man they must be mad too Only whether the Lord Howard would have it thought he was mad because a mad-Man could not be Guilty of Treason he could not tell That the Lord Howard in his last Deposition had fix'd the two Meetings one about the middle of January and the other ten days after but that now he had fix'd the one to be the latter end of January and the other about the middle of February and that then he made it to be the Prosecution of the Lord Shaftsbury's Design but he did not find that any one there had any thing to do with the Lord Shaftsbury that for his part he had not neither had he seen his Face in two Years Then the next thing that he went upon was That The Lord Howard but one Witness what ever the Lord Howard were he was but one Witness That the Law of God and Man requir'd two Witnesses So that for one to come and speak of an Imaginary Council another of a Libel Written no Body knew when was such a thing that never could be got over That if the Law of God were that there must be He p●rsues his Argument for the necessity

any Man living That he told him moreover That there were certain Persons of Quality whom he was very much concern'd for that they should be so much reflected upon or troubl'd and condol'd their Condition very much both before and after That upon Discourse at another time which he had omitted at the Lord Russels Tryal by reason of the reproof that was accidentally given him upon Discourse of the Plot the Lord Howard assur'd him That it was certainly a Sham even to his knowledge too black for any Minister of publick Employment to have devis'd but that it was forg'd by People in the Dark such as Jesuits and Papists and that it was in his Conscience That thereupon he adviz'd him to make an Address to the King under his hand to testify his abhorrency of the Thing Then being ask'd by his Lordship to whom he should apply himself he pitch'd upon the Lord Hallifax and going to him told him that the Lord Howard was willing to set it under his hand his detestation of the Plot and that there was no such thing to his knowledge but that upon the Lord Russels being taken the thing was laid aside Mr. Blake declar'd That about six Weeks since the Lord Howard Of Mr. Blake sent for him to come and see him That he went upon Discourse of News he told the Lord Howard That he heard no body had their Pardon but he that first Discover'd the Plot to which the Lord Howard Answered No but that he had a Warrant for it and that he had their Word and Honour for it but he would do nothing in it till he had farther Orders That he heard nothing of it and could Ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over Grace Tracey declar'd That the Lord Howard protested he Of Grace Tracy knew nothing of a Plot and that he was sure Colonel Sidney knew nothing of it And farther added That if he had known any thing of it he must needs have known of it for that he knew as much of his Concerns as any one in the World and took God to Witness of his Protestation Elizabeth Penwick declared That the Lord Howard ask'd for Of Elizabeth Penwick him and they said he was taken away by a Man to the Tower for a Plot upon which he took God to Witness that he knew nothing of it neither did the Colonel but said it was only Malice desiring withal that the Colonels Plate might be sent to his House to be secur'd Then one Mr. Wharton stood up and offer'd to the Court that Mr. Wharton offers to imitate the hand if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which Then the Prisoner proceeding to his Defence set forth That The Prisoner proceeds in his defence He argues upon the Statute of the 25th of Edward the 3d. there was a large Complication of Crimes laid to his Charge That he understood they were under the Statute of the 25th of Edward the 3d. That the Statute had two Branches one relating to War the other to the Person of the King That that which related to the Person of the King made the Conspiring Imagining and Compassing the Death of the King to be Criminal That the Branch concerning War was not so unless it were levy'd That he could not imagin to which of the two they referr'd his Crime For that to say that a Man did meet to Conspire the Kings Death and for him that gave the Accompt of the business not to say one word of it seem'd extravagant For that Conspiracies had always their Denomination from that Point to which they tended That the King had two Capacities Natural and Politick that the Politick could not be within the Statute for in that sense he never dy'd so it was absur'd to say it should be a fault to Kill the King who never dy'd That then it must be understood in the Natural Sense which was to be done either by Sword Pistol or other violent way So that if there were not one word of this then it was utterly at an end though the Witness had been good That as to the Point of Levying War it was made Treason so it He argues as to the Point of Levying War were prov'd by an Overt Act but that there never was an Overt Act or could be pretended in his Case So that if the War were not Levy'd it was not within the Act. Therefore in his Case it was imply'd it was first imagin'd that he intended to raise a War and then it was imagin'd that that War should tend to the Destruction of the King which though it might follow was neither Natural or Necessary and so could not be so understood by the Law That therefore it was two distinct things to make War and ●o endeavour to kill the King and that as there was no manner of pretence that he should endeavour to Kill the King directly so it could not be by Inference because it was Treason under another Species Upon which he cited the Lord Colce who says it is the Overthrow of Justice to confound Membra Devid●ntia From whence he argu'd That if the making of War could not be understood to be a Conspiring the Death of the King that then he was not Guilty of the Indictment but in his Case there was neither Conspiring the Death of the King nor making War nor Conspiring to make War besides that the Law required two Witnesses That as to the business of Aaron Smith the Lord Howard told The business of Aaron Smith conjecturally and implecitely Sworn it so imperfectly and so meerly conjecturally that there was nothing in it but his Rhetoric to set it out for that he never told by whom it was Writ nor what was in it or whether it were delivered or no. And whereas it was urg'd that the Scotch Gentlemen came to To●n he professed he never heard of their Names till they were named to him in the Tower That as to the Papers if any thing were to be made of them His Plea in reference to the Papers they were to produce the whole for that it was impossible to make any thing of a part of them But though some Papers were found in his Study though it were a Question whether they were found there or no or whether they were not Counterfeit yet the hand was such as shew'd they had been Written many Years He then put it to the Court by way of Question If any body had found Papers in his own hand or anothers that were not justifyable whether that were Treason whether that imagin'd the Death of the King And if e●er any Man could say he ever publish● a Sh●et in his Life he would submit to punishment Then he ask'd what Concat●nation those Papers could have with His Plea as to

Discourse with his Mate such a one but that his Mate Lee was an Honest Fellow and said That he would undertake once in twenty times to dismount the five pi●ces that fac'd towards Southwark-side to which end as he told the Witness he would bring his own Ship and lay it on Southwark sid● and make up the 14 Guns he had already 24. That he ask'd Mr. Goodenough What Money was provided who Answering 4000 l. He Answered The Seamen would swallow that up presently To which Goodenough Reply'd There was more provided at any time Mate Lee Swore That as he Rode with the Captain in a Coach the Prisoner should say One of these Days we shall have a Ball to Mate Lee Sworn toss which he afterwards understood by Rouse and Lee was the Ball that was to be toss'd upon Black-Heath That the Prisoner and he one time walking about the Tower and Discoursing of seizing it his way was to scale it but that the Captain said The best way was to shoot Morter-Pieces upon Southwark-side but deny'd he could say any thing about the Ship To this the Captain in his own Defence made Answer That all his busin●ss with Mr. Rouse was to procure him a sum of Money as being a Brok●r and that his attending upon him for that purpose brought him sometimes into Goodenough's Company wherein he was frequently at one Tavern or other but that if ever he Disc●urs'd with Goodenough about any Publick Affairs or any thing t●nding to the Publick Disturbance he was no Ch●istian That as to the seizing of the Tower it was only accidental Discourse to the Water-men that Row'd him from his Ship by the Tower to whom he was saving That the place was not well fortify'd and that if any Occasion should happen that part next the Water was in more peril then any place of the T●wer And that upon farther Discourse and a Supposition that the French should take that then the Pris●ner said it was but going over-against the other side and flinging half a dozen Bambo's to them and setting them out again That for his having 200 Men it was impossible for his Vess●l was but a Pink that would not hold a 100 Men Women That his Vessel wa● but a Pink that would no● hold a 100 Men. and Children And for the Arms he bought he bought them with the Ship for his Def●nce at Sea four Blund●rbusses two Jav●lins and some few ball-Pikes That as to any bank of Money he never Discours'd it and that as to the Ball he knew no more to that very day then one who had n●ver seen a Ball. He added farther That when they fix'd the time that he was to lay his Ship against the Tower it was not in his Possession to bring thither as not having had her above three weeks to the very time of his Tryal Then M●te Lee was ask'd on the Prisoner's behalf Whether The Witness denies he knew of any Provision mad● to seize the Tower there were any Projections or Provisions made for seizing the Tower To which he Answered There was nothing of Men or Guns that he knew or heard of Being ask'd whether he had any Order from any other Persons to Discourse Captain Blague in Order to this Attempt He Answered No for that Captain Blague Mr. Rouse and Mr. L●igh were commonly together Then the Jury desir'd the Witness might be ask'd Whether the Captain knew he went to view the Tower To which the Witness Answer'd He could not be positive in that They told him they had vievv'd the Tower but he did not remember vvhat Obs●rvations the Captain made upon it The Ju●y desir'd to knovv farther Whether the Prisoner heard any thing of tossing the Ball to vvhich Mr. Lee reply'd That Mr. Rouse told him the Captain vvas acquainted vvith it but that he never Discours'd vvith the Priso●er about it himself The Prisoner then calling his Witnesses one Chappel a Carpenter Declar'd That the Vessel vvas not able to do any Service upon the Water three Weeks ago and that he had been Ship'd four Months and a half to go for New-York Wright declar'd That he had waited on the Cap●ain ever since he had been Ship'd and was in his pay before he had the Ship in his Poss●ssion The Surgeon declar'd That he had belong'd to the Ship seven The Prisoner's Witness●s declare the time how long they had belong'd to the Captain Weeks and to the Captain before he had a Ship Being ask'd by the Jury How many Guns belong'd to the Ship He Answer'd Fourteen Sahers of which four were wooden ones six above Deck and four in the Hold. The Prisoner having thus made his Defe●ce the Lord Chief Justice sum'd up the Evidence to the Ju●y who withdrawing to consider of their Verdict in a short time return'd and brought the Prisoner in Not Guilty The next day being the 14th of July the several Prisoners found Guilty of High-Treason were brought to receive Judgment And first the Lord Russel being set to the Bar and ask'd why The Lord Russel desires the Indictment may be read Senten●e of D●a●h should n●t pass against him according to the Law desir'd to hear his Indictment read in English the which being gran●ed the Clark of the Crown read on till he came to the Words of Conspiring the Death of th● King at what time the Lord Russel desiring him to hold told the Recorder That he thought he had not been Charg'd with Compassing and Conspiring the Death of the King To which the Attorny General reply'd Yes Upon which his Lordship appeal'd to the Recorder and the Court whether if all that the Witnesses had Sworn against him were true whether he were Guilty within the Statute of the 25th of Edward the 3d. they having Sworn a Conspiracy only to Levy War but no intention of Killing the King and therefore he thought Judgment was not to pass for Conspiring the Death of the King To this the Attorney General Answer'd That it was no exception Then the Recorder told him That it was an exception proper and he thought he did make it before the V●rdict whether the But his Objections are held Insufficient Evid●nce do amount to prove the Charge which is proper for the Jury to observe for if the Evidence come short of the Indictment they cannot find the Verdict But when the Jury has found it their Verdict passes for Truth and the Court is bound to go by what the Jury have found not the Evidence To which his Lordship put the Question Whether without any He moves an Arrest of Judgment Proof But it was Answer'd The Jury must be Govern'd by their Evidence His Lordship reply'd It was hard he must be Condemn'd upon a Point that there was nothing of it Sworn therefore he thought that he might legally demand an Arrest of Judgment To which the Recorder Answer'd That he hop'd his Lordship would consider it was not the Court could give a V●rdict

but that it must be the Jury Thereupon the Attorney General demanding Judgment the Recorder pass'd Sente●ce according to the Law Walcot had nothing to say But that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse pretended there was a vast difference between the Indictment which was for Words and Discourses that pass'd the 2d of March and that the Oaths Sworn were that the words were not spoken then but the last of June but had nothing more to say Thereupon Judgment was given against all three as against the Lord Russel Upon the same day that the Lord Russel was tryed the Earl The Earl of Essex kills himself in the Tower of Essex killed himself in the Tower The next day the Coroner sat upon him and the Verdict of the Coron●rs Jury was That Arthur Earl of Essex did give himself a Mortal Wound with a Razor by cutting his Throat from the one Jugular to the other and through the Windpipe and Gullet to the very Vertebras of his Neck and that he did Feloniously and Voluntarily Murther himself Upon Fryday the 20th of July Walcot was drawn to Tyburn Walcot Hone and Rouse carryed to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart at what time the Dean of Rippon Dr. Cartwright and the Ordinary of N●wgate undertaking to perform the last Office of Ministers to Persons in their Conditions admonish'd them to make an ingenious Discovery of what they knew touching the Conspiracy and Treasons for which they were then to suffer Walcot replied he had some Papers in his Pocket of what he had prepared to say in Writing and there desired they might be pulled out and he would read them Then looking upon his Paper he read a long Harangue wherein Walcot reads his Speech he first gave an accompt of his Faith and Religion his hope of Salvation by the Merits of Christ and his belief of the Scriptures to be the Rule of Faith and Method of Worshipping God As to the occasion of his Death he confessed himself to be so He Confesses himself guilty of being at several Meetings unfortunate and as unhappy to be invited by Collonel Rumsey to some Meetings where some things were discoursed of in order to the asserting the Liberties and Properties of the Subject and that while he lay ill of the Gout Mr. West came frequently to visit him and that his discourse was still of Lopping the Sparks That tho he had deserved to dye by the Law and that the King might justly put him to death for being in those Meetings where And that he had deserved Death by the Law a War was Debated yet he thought those men were Guilty of his Blood that were as deep as he and had betrayed him and taken his Life away He desired his Friends to be wary how they heard any Man speak or spoke themselves for there was no such thing as Faith in Man to Man He forgave all the World especially Mr Shepheard who as He said promised to carry him into Holland but instead of that brought him into the Condition wherein he then was He averred in the presence of God that he knew of no English He knew no Protestant in Ireland guilty of any Plot. Man or Protestant in Ireland that was engaged in the Conspiracy He said he could not excuse the Witnesses for aggravating things against him and making them worse then really they were To which when the Doctor was about to Reply Pray Sir give me leave said he for a Man to Invite a Man to a Meeting to Importune a Man to a Meeting to be perpetually Solliciting him and then to deliver him up to be hang'd as they had done Him He confessed he was present at many Meetings but that there were several Meetings wherein the Business of the Kings Life was never spoke of for he said they were for asserting the Liberties and Properties of the People And being press'd to explain that he said they were under general Apprehensions and so were the Lords that were likely to suffer of Popery and Slaveries coming in Upon the whole being told by the Dr. that he had confess'd himself Guilty enough to take away his Life He reply'd That he was so And being farther told that to say he could not forgive the Witnesses he at length said he did forgive them and pray'd God to forgive them Nevertheless soon after his Execution there was a Paper Printed A Paper printed in his Name after his Execution reflecting upon the Evidence which was said to be Written by Captain Walcot in Newgate and delivered to his Son before his Execution little differing from his Speech at the Gallows wherein he seem'd to complain of the Evidence and endeavour'd to deny his undertaking to charge the Guards while others did the business But in Answer to this Mr. West published another Paper maintaining and asserting Answer'd by Mr. VVest to publick satisfaction the Truth of his Testimony particularly as to his intention to charge the Guards declaring He had omitted an Expression of the Captains upon that Subject which he let slip in the multitude of particulars he delivered at the Tryal That he should say He look'd upon the Action to be so lawful and justifiable that he could Dye in it with a safe Conscience And that whereas he tax'd the Witnesses for Swearing him out of his Life to save their own it appear'd by his Letter to the S●cretary that he would gladly have sav'd his own so and desired to have made the Duke of Monmouth and other Pers●ns of Quali●ies Blood to use his own Phrase the price of his own Life Observing very well at last that he did not think fit to express in his Paper any S●nse of his Guilt or Repentance for it but rather seem'd to retain his Old Opinion of its being a Lawful thing That he only blam'd his own Credulity and advis'd his Friends only against trusting Men not against his Crime As for Hone he acknowledged himself Guilty of the Crime according Hone acknowledges himself guilty to the Law of the Land and the Law of God Rouse made a long Speech not much to the purpose as being only a Repetition of what was done in Court However at length Rouse acknowledges himself guilty he acknowledged himself Guilty of concelaing and maintaining Trayterous Correspondency and that it was just in God in the first place and righteous and just with the King in the second place that he Dyed The next day being Saturday the Lord Russel having taken leave The Lord Russel carryed to a Scaffold erected in Lincolns-Inn-Fields of his Lady the Lord Cavendish and several others of his Friends at N●wgate took Coach with Dr. T●ll●tson and Dr. Burnet who accompanyed him to the Scaffold Built in Lincolns-Inn-Fields whether being come after a short pause he told the Sheriff

Council that should take care of the whole they resolved to erect a little Cabal among themselves consisting of six Persons which were the Duke of Monmouth the Lord Russel the Earl of Essex Mr Hampden Junior Algernoon Sidney Esq and Himself That these six Persons met about the middle of February at Mr. Hampden's House where it was agreed what their Business was which was to take care of the whole That as to particulars the things that Challenged their care should be Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries Towns were fittest most dispos'd to Acti●n What Armes were necessary to be got and how to be disposed How to Raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly how to order it so as to draw Scotland to consent with them it being thought necessary that all Diversion should be given That there was another Meeting of all the same six Persons ten days after at the Lord Russel's House where they came to a Resolution A Council of six erected of which the Prisoner one A second meeting at the Lord Russel's House That some Persons should be sent to the Lord Arguile to settle an Understanding with him and that some Mess●ngers should be send into Scotland to invite some Persons hither that were judged most able to understand the State of Scotland and give an Accompt of it That the Persons agreed on were Sir John Cockrane and the Lord Melvin with one more whose Name he since understood to be Sir Campbel And that in Discourse it was refer'd to Colonel Sidney to take care of that Business That afterwards Colonel Sidney told him he had sent Aaron Smith and given sixty Guineys for his Journey Being ask'd whether he was sure the Lord Russel was at that The Lord Russel at the Meeting about Scotland and consented to it Meeting He Answered That he wish'd he could not say it Being ask'd whether he consented the Lord Howard made Answer That they did not put it to the Vote but it went without Contradiction and he so took it that all that were present gave their consent The Lord Russel being now permitted to ask the Lord Howard any Questions said That what the Lord Howard had said of him was only Hearsay That the two times they met it was upon no formed Design only to talk of News and Things in General That the Lord Howard was a Man of a voluble Tongue talk'd well was full of Discourse and they were delighted to hear him That for the Scotch Gentlemen he never saw any of them only the Lord Melvil he had seen but not upon this Accompt There the Atturney General urg'd That Aaron Smith did go into Scotland and that Campbel he went for was taken and then call'd Mr. Atterbury Mr. Atterbury swear Sir Hugh Campbel in Custody the Messenger to prove his Apprehension who being Sworn Declared That Sir Hugh Campbel was then in his Custody and that he had been by his own Confession four days in London before he was Apprehend●d Then Mr. West being Sworn Declared That as to the Lord Russel he never had any Conversation with him at all but that Mr. Ferguson and Mr. Rumsey told him That the Lord Russel intended to go down and take his Post in the West where Mr. Trenchard The Lord Russel the person most looked upon by the Party had fail'd them And that they always said The Lord Russel was a Man they most depended upon because he was a Person lookt upon as of great Sobriety Here the Court Declared That what Colonel Rumsey or Mr. Ferguson told Mr. West was no Evidence so that the King's Councel resolved to rest upon what they had already prov'd The sum then o● the Evidence against the Lord Russel was That Colonel Rumsey was sent upon a Trayterous Message by the Earl of Shaftsbury to a Meeting where his Lordship was and that the Answer was return'd his Lordship being there and that there was a Discourse at the same time of an Insurrection to be made and a Declaration read to be Printed upon the Rising seting forth the Oppressions and Grievances of the Nation and Discourse of surprising the Guards That six Persons of which his Lordship was one did erect themselves into a Council to manage the Insurrection and Raising of Men. To all this the Lord Russel made Answer That he could not but think himself mighty unfortunate to stand there Charg'd His Defence with so high a Crime and that intermix'd with the Horrid Practises and Speeches of other People while the King's Council took all advantages to heighten things against him That he was no Lawyer and a very unready Speaker and altogether a Stranger to things of this Nature That he was sensible he was not so provided as to make his Defence as otherwise he should do But that his Lordship thought the Gentlemen of the Jury were Men of Consciences that valu'd Innocent Blood and hop'd they would consider the Witnesses that they Swore to save their own Liv●s Neither was what Colonel Rumsey Swore enough to take away his Life or if it were the time was Elapsed by the 13th of the King which limits Prosecution to Six Months Neither was the Design of L●vying War Treason unless it appeared by some Overt Act as appears by the 25th of Ed●ard the 3d. And then desiring to know upon what Statute he was Endicted it was told him by the Statute of the 25th of Edward the 3d. upon which he insisted He insists upon two Points of the Law and desires Council upon these two Points as Matter of Law and prayed to be heard by his Council whether the Treason were duly prov'd und if it were whether it were punishable by the Statute In Answer to which the Court informed him That if he were contented that the Fact should be taken as prov'd against him and desired Counsel upon what was bare Matter of Law he he should have it granted but that there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the business a● Mr. Shepheard's House was sworn to only by one Witness It was Answered That if there were one Witness of one Act of Treason another of a second another of a third that manifested the same Treason it was sufficient After the Lord Russel had several times insisted upon the same The Lord Anglesey Objections and had received several undeniable Answers to the same effect the Lord Anglesey stood up who declared That upon a Visit which he gave the Earl of Bedford in his trouble for the Affliction of his Son the Lord Howard came in while he was there and to comfort the Earl us'd these Expressions My Lord you are happy in h●ving a wise Son and a worthy Pers●n one that can never sure be in such a Plot as this or

to the business they met about or if any one did speak of it that it was but in Jest Descending then again to the Point of the Papers he began to open the Argument of Filmer's Book alledging it was a Book of ill Fundamentals to which those Papers seemed only to be an Answer But then the Court interrupted him and admonishing him not to spend theirs nor his own time ask'd him whether he own'd the Paper vvhich when he deny'd the Court bid him to proceed to that which was pertinent Colonel Sidney insisted that he had several Points in Law particularly He insists upon several Points of Law whether Conspiring to Levy War were Treason To which the Court reply'd That there could be no doubt in Point of Law till there were a settlement in Point of Fact that if he would agree the Conspiracy they would tell him their Opinions but that they could give no Opinion in Law till the Point were stated That the Conspiracy was prov'd by one Witness and therefore if he had any thing to take off his Credibility 't was to the purpose They also allow'd him to have any part of the Papers read either to execute or explain the Treason which was imputed to him in the Libel So that at length after several Repetitions of the same Objections He calls his witnesses and a long Patience of the Court Colonel Sidney call'd his Witnesses And first The Earl of Anglesey declared That being in Company with the The Testimony of the Earl of Anglesey Earl of Bedford when the Lord Howard came to give him a visit and to comfort him in his Affliction for his Sons being taken he told him he was not to be troubl'd for that he had a discreet a wise and a vertuous Son and that he could not be in any such Plot and his Lordship might therefore well expect a good Issue of that business and he might well believe his Son secure for he believ'd he was neither Guilty nor so much as to be suspected He proceeded farther and said he knew of no such barbarous Design and could not Charge the Lord Russel with it nor any Body else The Earl of Clare declared That as for Colonel Sidney the Lord Howard did with several asseverations assert after the Colonel Of the Earl of Clare was taken That he was as Innocent as any Man breathing and us'd great Encomiums in his praise and then seem'd to bemoan his misfortune which he thought real for that he believ'd never any Man had been more engag'd to another then he was to Colonel Sidney And upon talking of some Papers that were found he said he was sure nothing could be made of any Papers of his And that this was about a Week before the Lord Howard was taken Mr. Philip Howard declared That when the Plot first broke Of Mr. Phillip Howard out he us'd to meet the Lord Howard very often at his Brothers House and that coming from White-hall one day and being ask'd what News he told him That there were abundance of People that had confess'd a Horrid Design of Murdering the King and that their Names were Colonel Rumsey West Walcot and others that were in a Proclamation That he ask'd his Lordship what he thought of the Business to which he Answer'd That he was in an amaze That he adviz'd him to lay hold upon the Opportunity to speak to the discontented Lords to joyn in an Address to the King to shew their Detestation and Abhorrence of the thing as a means to reconcile all things That the Lord Howard promis'd him to go about it but because the Earl of Essex was out of Town it went off That the next day he met the Lord Howard again at his Brothers House and being by him ask'd what News that he Answered The Lord Russel was sent to the Tower to which he reply'd Then we are all undone and desir'd him to go to the Lord Privy Seal and see whether he was to be taken up for that he doubted it was a Sham-Plot for if it were a True-Plot he should fear nothing That he refus'd to go not thinking it probable that his Lordship would resolve him such a Question but that he farther ask'd him If he were not Guilty why he would have him go to which the Lord Howard reply'd Because he fear'd 't was no True-Plot but a Plot made upon them and therefore no Man was free That he met him a third day at the same place and found him very melancholly and that asking him the reason he Answered Because Colonel Sidney was taken Upon which he ask'd him again Why he was not troubl'd the Day before for the Lord Russel who was of his Blood he reply'd Because he had that particular Obligation from Colonel Sidney that no one Man had from another Dr. Burnet declared That the Day after the Plot broke out Of Dr. Burnet the Lord Howard came to see him and upon some Discourse of the Plot with hands and eyes lifted up to Heaven protested He knew nothing of any Plot believ'd nothing of it and said he look'd upon it as a Ridiculous Thing Joseph Ducas declar'd That the next Day after the Colonel Of Joseph Ducas was taken the Lord Howard came to the Colonels House and ask'd him where Colonel Sidney was that he reply'd He was taken by an Order of the King to which his Lordship cry'd O Lord what is that for That he adviz'd him to carry all the things out of the House where they might b● safe That he came aga●n about seven a Clock at N●ght and that then he told his Lordship of the Report of a Plot to Kill the King and the Duke and of a general Insurrection and of C●lonel Sidneys sending into Scotland to which the Lord Howard reply'd God knows he knew nothing of all that and that he was sure had Colon●l Sidney be●n concern'd in the Mat●er he would have told him something but he knew nothing The Lord Paget declar'd That the Lord Howard was with him Of the Ld. Paget presently after the breaking out of the Plot and that he told him he was glad to see him abroad and that he was not concern'd in the Disord●r to which he reply'd That he had joy from several concerning it and he took it as an injury for it look'd as if he were Guilty but that he knew nothing of himself or any Body else and that though he were free in Discourse and free to go into any Company yet he had not seen any body that could say any thing of him or give him any occasion to say any thing of any body else Mr. Edward Howard declared That as soon as the Plot broke Of Mr. Edward Howard out the Lord Howard having a great Intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assur'd him under great asseverations that he could neither accuse himself nor