Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	high_a	king_n	treason_n	3,672	5	9.5249	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

times Now Gentlemen this is the substance of the Evidence that hath been produced against my Lord Russel My Lord Russel hath made several Objections That he was accidentally at this meeting at Mr. Shephards house and came about other business but I must observe to you that my Lord Russel owned that he came along with the Duke of Monmouth and I think he said he went away with him too You observe what Mr. Sheppard's Evidence was Mr. Ferguson came to tell him the Duke of Monmouth would come and accordingly the Duke of Monmouth did come and brought his Companion along with him which was my Lord Russel and certainly they that met upon so secret an Affair would n●ver have brought one that had not been concerned Gentlemen there are other Objections my Lord hath made and those are in point of Law but before I come to them I would observe what he says to the second Meeting My Lord does not deny but that he did meet both at Mr. Hambdens house and my Lords own I think my Lord said they did meet onely to discourse of News and my Lord Howard being a man of excellent discourse they met for his conversation Gentlemen you can't believe that this designed Meeting was for nothing in this close secret Meeting that they had no contrivance among them You have heard the Witness he swears positively what the Conversation was and you see the fruit of it Sir Hugh Cambell's coming to Town and absconding when it is discovered Now my Lord Russel insists upon it that admitting these Facts be proved upon him they amount to no more than to a Conspiracy to levy War and that that is not Treason within the Statute of 25 E. 3. and if it be onely within the Statute of the 13th of this King then 't is out of time that directs the prosecution to be within six months The Law is plainly otherwise The Statute of the 13th of this King I will not now insist upon though I believe if that be strictly looked into the clause that says the prosecution shall be within six months does not refer to Treason but only to the other offences that are highly punishable by that Statute For the Proviso runs thus 13. Car. 2. Provided always that no person be prosecuted for any of the Offences in this Act mentioned other than such as are made and declared to be High Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by order of the Council-Table of his Majesty his Heirs or Successors directed unto the Attorney General for the time being or some other of the Councel learned to his Majesty his Heirs or Successors for the time being Nor shall any Person or Persons by vertue of this present Act incur any the Penalties herein before mentioned unless be or they be prosecuted within six months next after the offence committed and indicted thereupon within three months after such prosecution any thing herein contained to the contrary notwithstanding This word Nor is a continuation of the former Sentence and the exception of High Treason will go through all and except that out of the temporary limitation of Treason But this is High Treason within 25 E. 3. To conspire to levy War is an Overt Act to restifie the design of the death of the King And the errour of my Lord Cook hath possibly led my Lord into this mistake But this Gentlemen hath been determined it was resolved by all the Judges in the Case of my Lord Cobham 1 Iac. A Conspiracy to levy War against the Kings person as this was a Conspiracy to seize the Guards what does that tend to but to seize the King and that always hath been taken to be High Treason But there are some things called levying of War in Law that are not so directly against the King as if a number of men go about to levy men to overthrow all Inclosures this by the generality of the intent and because of the consequences is accounted levying War against the King A Conspiracy therefore to levy such a War which by construction only is against the King perhaps that may not be such an Overt act as to testifie the imagination of the death of the King but other Conspiracies to raise War against the King have always so been taken 'T is the Resolution of all the Judges in my Lord Dyers Reports the Case of Dr. Story A Conspiracy to invite a forrein Prince to make an Invasion though no Invasion follow is an Overt act to prove conspiring the death of the King And as it has been so taken so it hath been practised but of late days In the King's Bench I take it the Indictment against Plunket that was hanged he was indicted for Conspiring against the Life of the King and his Charge went no further than for raising of Arms and inviting the French King in and he suffered This is acknowledged by my Lord Cook for he himself said in the Paragraph before that out of which this advice to my Lord Russel is extracted That a Conspiracy to invite a forein Prince to invade the Kingdom is a Conspiracy against the Life of the King And in the next Paragraph he says an Overt act of one Treason cannot be an Overt act of another Treason but constant practice is against him in that For what is more common than to indict a man for imagining the death of the King and to assign the Overt act in a Conspiracy to raise Arms against the King and sometimes they go on and say Did levy War against the King Now by my Lord Cook 's rule levying War unless the Indictment be particular for that is not an Overt act for the compassing the death of the King but the contrary hath been resolved by all the Judges in the Case of Sir Henry Vane and it is the constant practice to lay it so in Indictments It would be a strange construction if this should not be High Treason 'T is agreed by every body to take the King Prisoner to seize the King that is a compassing of the death of the King And to sit in counsel to conspire to effect that that is an Overt act of the imagination of the death of the King now no man can distinguish this case from that And this Consultation amounted to all this for plainly thither it tended The Consultation was to seize upon the Kings Guards that could have no other stop but to seize upon the Kings person and bring him into their power As to the Killing of the King I am apt to think that was below the honour of the Prisoner at the Bar but this is equal Treason If they designed only to bring the King into their power till he had consented to such things as should be moved in Parliament 't is equally Treason as if they had agreed directly to assassinate him Therefore I think there is nothing for you to

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 Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being me● and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which True and Faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the antient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign

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

Testimony it will be taken to be a proof And the way you have to disprove them is to call Witnesses or by asking Questions whereby it may appear to be untrue Mr. Sol. Gen. If you have any Witnesses call them my Lord. L. Russell I do not think they have proved it But then it appears by the Statute that Levying War is Treason but a Conspiracy to Levy War is no Treason if nothing be done 't is not Levying War within the Statute There must be manifest proof of the matter of Fact not by inference Mr. At. Gen. I see that is taken out of my Lord Coke Levying War is a distinct branch of the Statute and my Lord Coke explains himself afterwards and says 't is an Assuming of Royal Power to Raise for particular purposes Just. Wythin Unless matter of Fact be agreed we can never come to argue the Law L. Russell I came in late Mr. Sol. Gen. Pray my Lord has your Lordship any Witnesses to call as to this matter of Fact L. Russell I can prove I was out of Town when one of the meetings was but Mr. Sheppard can't recollect the Day for I was out of Town all that time I never was but once at Mr. Sheppards and there was nothing undertaken of viewing the Guards while I was there Colonel Rumsey Can you Swear positively that I heard the Message and gave any Answer to it L. C. Just. To Colonel Rumsey Sir did my Lord Russell hear you when you deliver'd the Message to the Company were they at the Table or where were they Col. Rumsey When I came in they were standing at the fire-side but they all came from the fire-side to hear what I said L. Russell Colonel Rumsey was there when I came in Col. Rumsey No my Lord. The Duke of Monmouth and my Lord Russell went away together and my Lord Gray and Sir Thomas Armstrong L. Russell The Duke of Monmouth and I came together and you were standing at the Chimney when I came in you were there before me My Lord Howard hath made a long Narrative here of what he knew I do not know when he made it or when he did recollect any thing 't is but very lately that he did Declare and Protest to several People That he knew nothing against me nor of any Plot I could in the least be Questioned for L. C. Just. If you will have any Witnesses called to that you shall my Lord. L. Russell My Lord Anglesey and Mr. Edward Howard My Lord Anglesey stood up L. C. Just. My Lord Russell what do you ask my Lord Anglesey L. Russell To Declare what my Lord Howard told him about me since I was Confined L. Anglesey My Lord I chanced to be in Town the last Week and hearing my Lord of Bedford was in some Distress and Trouble concerning the Affliction of his Son I went to give him a Visit being my old Acquaintance of some 53 Years standing I believe for my Lord and I was Bred together at Mandlin-College in Oxon I had not been there but a very little while and was ready to go away again after I had done the good Office I came about but my Lord Howard came in I don't know whether he be here L. Howard Yes here I am to serve your Lordship L. Anglesey And sat down on the other side of my Lord of Bedford and he began to Comfort my Lord and the Arguments he used for his Comfort were My Lord You are happy in having a wise Son and a worthy Person one that can never sure be in such a Plot as this or suspected for it and that may give your Lordship reason to expect a very good Issue concerning him I know nothing against him or any Body else of such a Barbarous-Design and therefore your Lordship may be Comforted in it I did not hear this only from my Lord Howards Mouth but at my own home upon the Monday after for I use to go to Totteridge for fresh Air I went down on Saturday this happened to be on Friday my Lord being here I am glad for he can't forget this Discourse and when I came to Town on Monday I understood that my Lord Howard upon that very Sunday had been at Church with my Lady Chaworth My Lady has a Chaplain it seems that Preaches there and does the Offices of the Church but my Lady came to me in the Evening This I have from my Lady L. C. Just. My Lord what you have from my Lady is no kind of Evidence at all L. Anglesey I don't know what my Lord is I am acquainted with none of the Evidence nor what hath been done But my Lady Chaworth came to me and acquainted me There was some suspition Sir G. Jeff. I don't think it fit for me to interrupt a Person of your Honour my Lord but your Lordship knows in what place we stand here what you can say of any thing you heard of my Lord Howard we are willing to hear but the other is not Evidence As the Court will not let us offer hear-says so neither must we that are for the King permit it L. Anglesey I have told you what happened in my hearing Then Mr. Howard stood up L. C. Just. Come Mr. Howard what do you know Mr. Howard I must desire to say something of my Self and my Family first My Lord and I have been very intimate not only as Relations but as dear Friends My Lord I have been of a Family known to have great Respect and Duty for the King and I think there is no Family in the Nation so numerous that hath expressed greater Loyalty upon which account I improved my Interest in my Lord Howard I endeavoured upon the great Misunderstanding of the Nation if he be here he knows it to perswade him to apply himself to the King to serve him in that great difficulty of State which is known to all the World I sometimes found my Lord very forward and sometimes I soften'd him upon which Parly upon his permission and more upon my own inclination of Duty I made several Applications to Ministers of State and I can name them that my Lord Howard had a great desire of serving the King in the best way of Satisfaction and particularly in the great Business of his Brother I wonder'd there should be so much sharpness for a matter of Opinion and I told my Lord so and we had several Disputes about it My Lord I do say this before I come to the thing After this I did partly by his permission and partly by my own inclination to serve the King because I thought my Lord Howard a Man of Parts and saw him a Man that had interest in the Nation tell my Lord Feversham that I had prevailed with a Relation of mine that may be he might think opposite that perhaps might serve the King in this great Difficulty that is Emergent and particularly that of his Brother My Lord Feversham did receive it