of my Lord Shaftsbury comes particularly to your Lordship and says that Six of you as a chosen Councel among your selves not that you were actually chosen but as a chosen Counsel among your selves did undertake to manage 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 several 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. Russel 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 Practises and Speeches of other People the Kings Council 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 alone 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 that Swear against me Swear to save their own Lives for howsoever Legal Witnesses they may be accounted they can't be Credible And for Col. Romsey 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 13th of this King is Elapsed it must be as I understand by the Law Prosecuted within 6 Months and by the 25 E. 3. a design of Levying War is no Treason unless by some overt Act it appear And my Lord I desire to know what Statute I am to be Tried upon for Generals I think are not to be gone upon in these Cases L. Ch. J. 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 he takes himself to be Indicted does not extend to it for that says that within six Moneths 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. Att. 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 break 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. Russel My Lord This is matter of Law Neither was there but one Meeting at Mr. Sheppards House Mr. Att. Gen. My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence stands There is one Evidence since Christmas last L. Russel That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. Att. Gen. If there be one Witness of one Act of Treason and another of a second another of a third that manifest the same Treason to depose or destroy the King that will be sufficient L. Ch. J. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of E. 6. Sir G. Jeff. If my Lord will call his Witness L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. Ch. Just If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think 't is not Punishable by that Act. I desire Counsel may be admitted upon so nice a Point My Life lies at stake here 's but one Witness that speaks of a Message Sir Geo. Jeff. The Fact must be lest to the Jury Therefore if my Lord Russel hath any Witnesses to call in opposition to these matters let him L.C.J. My Lord there can be no matter of Law but upon a Fact admitted and stated L. Russel My Lord I do not think it proved I hope you will be of Counsel for me 't is very hard for me that my Counsel may not speak for me in a point of Law L. Ch. Just My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russel I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witness to the matter of Fact L. Russel 'T is very hard a man must lose his life upon hear-say Col. Romsey says he brought a Message which I will swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and seven months ago Mr. Att. Gen. My Lord if there be any thing that is Law you shall have it L. Russel My Lord Colonel Romsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not stay above a quarter of an hour tasting Sherry
with Mr. Sheppard L. Ch. Just Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. Cro. Whereas divers Opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Violate the Kings Compagnion or the Kings eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a Man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or else where and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfite the Kings Great or Privy Seal or his Mony and if a Man bring false Mony into this Realm counterfite to the Mony of England as the Mony called Lushburgh or other like to the said Mony of England Knowing the Mony to be false to Merchandise or make Payment in deceit of our said Lord the King and of his People and if a Man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of Assise and all other Iustices designed to hear and determin being in their Places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just My Lord That which is urged against you by the Kings Council is this You are excused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your Compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L Russel It is in a Point of Law and I desire Counsel Mr. Att. Gen. Admit your Consultations and we will hear them L. Ch. J. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russel has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Col. Romsey and my Lord Howard have deposed whether then this be Treason we can hear your Counsel to nothing else L. Russel I do not know how to answer it The point methinks must be quite otherwise that there should be Two Witnesses to one and the same time Mr. Att. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russel It was to the same point Mr. Att. Gen. To the general point the lopping point Sir Geo. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. J. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you contradict them by 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. Russel 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. Att. 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 puposes Just Wythins Unless matter of Fact be agreed we can never come to argue the Law L. Russel I came in late Mr. Sol. Gen. Pray my Lord has your Lordship any Witnesses to call as to this matter of Fact L. Russel 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 Romsey Can you swear positively that I heard the Message and gave any Answer to it L. C. Just To Colonel Romsey Sir did my Lord Russel hear you when you delivered the Message to the Company were they at the Table or where were they Col. Romsey 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. Russel Colonel Romsey was there when I came in Col. Romsey No my Lord. The Duke of Monmouth and my Lord Russel went away together and my Lord Gray and Sir Thomas Armstrong L. Russel 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. J. If you will have any Witnesses called to that you shall my Lord. L. Russel My Lord Anglesey and Mr. Edward Howard My Lord Anglesey stood up L.C. J. My Lord Russel what do you ask my Lord Anglesey L. Russel 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 were bred together at Magdalen Colledge in Oxon. I had not been there but a very little while and vvas ready to go avvay 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 vvere My Lord
surprise the Guards and whether that was feasible and Mr. Sheppard is positive as to the Return made upon the View The next Witness was my Lord Howard he gives you an account of many things and many things that he tells you are by hear-say But I cannot but observe to you that all this hear-say is confirmed by these two positive Witnesses and their Oaths agree with him in it For my Lord Shaftsbury told him of the Disappointment he had met with from these Noble persons that would not join with him and then he went from my Lord Shaftsbury to the Duke of Monmouth to expostulate with him about it for my Lord Shaftsbury was then ready to be in action and that the Duke said he always told him he would not engage at that time This thing is confirmed to you by these two Witnesses Col. Romsey says when he brought the Message from my Lord Shaftsbury the answer was They were not ready my Lord must be contented Next he goes on with a discourse concerning my Lord Shaftsbury that does not immediatly come up to the Prisoner at the Bar but it manifests there was a Design at that time he had 10000 brisk Boys as he called them ready to follow him upon the holding up of his finger But it was thought not so prudent to begin it unless they could join all their Forces So you hear in this they were disappointed And partly by another accident too my Lord Howard had an apprehension it might be discovered that was upon the Proclamation that came out forbidding Bonfires to prevent the ordinary Tumults that used to be upon those occasions Then my Lord Howard goes on and comes particularly to my Lord Russel for upon this disappointment you find my Lord Shaftsbury thought fit to be gone But after that the Design was not laid aside for you hear they only told him all along they could not be ready at that time but the Design went on still to raise Arms and then they took upon themselves to consult of the methods of it and for the carrying it on with the greater secresie they chose a select Council of Six which were the Duke of Monmouth my Lord of Essex my Lord Howard my Lord Russel Mr. Hambden and Col. Sidney That accordingly they met at Mr Hambdens there was their first meeting and their Consultation there was how the Insurrection should be made whether first in London or whether in the Countrie or whether both in London and in the Countrie at one time They had some Debates among themselves that it was fittest first to be in the Countrie for if the King should send his Guards down to suppress them then the Citie that was then as well disposed to rise would be without a Guard and easily effect their designs here Their next meeting was at my Lord Russels own house and there their Debates were still about the same matter how to get in Scotland to their assistance and in order to that they did intrust Col. Sidney one of their Counsel to send a Messenger into Scotland for some persons to come hither my L. Melvin Sir H. Campbell and Sir J Cockram Accordingly Col. Sidneys sends Aar Smith but this is only what Col. Sidney told my Lord afterwards That he had done it but you see the fruit of it Accordingly they are come to Town and Sir H. Campbell is taken by a Messenger upon his arrival and he had been but four days in Town and he had changed his Lodging three times Now Gentlemen this is the substance of the Evidence that hath been produced against my L. Russel My L. Russel hath made several Objections That he was accidentally at this Meeting at Mr. Sheppards 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. Sheppards 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 with him which was my Lord Russel and certainly they that met upon so secret an Affair would never 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 only 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 amongst them You have heard the Witness he swears positively what the Conversation was and you see the Fruit of it Sir Hugh Campbells 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 only within the Statute of the 13 th 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 13 th 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 Counsel learned to His Majesty His Heirs or Successors for the time being Nor shall any person or persons by virtue of this present Act incur any the Penalties herein before mentioned unless he 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 Edw. 3. To conspire to levy War is an Overt Act to testifie the Design of the Death of the King And the Error of my Lord Cook hath possily 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 Jac. A Conspiracy to levy War against the Kings Person as this was a Conspiracy to seise the Guards what does that tend to but to seise 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 alwaies bin so taken 'T is the Resolution of the Judges in my L. Dyers Reports the Case of Dr. Story A Conspiracie to invite a foreign Prince to make an Invasion though no Invasion follow is an Overt Act to prove conspiring the Death of the King And as it hath bin so taken so it hath bin practised but of late daies In the Kings 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 farther than for raising of Arms and inviting the French King in and he suffered This is acknowledged by my L. Cook for he himself said in the Paragraph before that out of which this Advice to my L. Russel is extracted That a Conspiracy to invite a foreign Prince to invade the Kingdom is a Conspiracie against the life of the King And in the next Paragraph he saies 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 Conspiracie to raise Arms against the King and sometimes they go on and say Did levy War against the King Now by my L. Cooks 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 bin resolved by all the Judges in the Case of Sir Hen. 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 seise the King that is a compassing the Death of the King and to sit in council 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 fom that And this Consultation amounted to all this for plainly hither it tended The Consultation was to seise upon the Kings Guards that could have no other stop but to seise 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 Honor 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 assasinate him Therefore I think there is nothing for you to consider but to see that the Fact be fully proved and I see nothing that hath been said by my L. Russel that does invalidate our Evidence He hath produced several Witnesses Persons of Honor my L. Anglesy tells you of a Discourse my L. Howard had with my L. of Bedford That he told my L. of Bedford that he needed not to fear for he had a wife and understanding Son and could not think he should be guilty of any such thing as was laid to his Charge This is brought to invalidate my L. Howards Testimony Gentlemen do but observe My L. Howard was as deep in as any of them and was not then discovered Is it likely that my L. Howard that lay hid should discover to my L. of Bedford that there was a Conspiracy to raise Arms and that he was in it This would have been an aspersion upon my Lord of Bedford that any such thing should have been said Mr. Edw. Howard is the next and he proves That my L. Howard used solemn Protestations that he knew nothing of this Conspiracy I did observe that worthy Gentleman in the beginning of his Discourse for it was pretty long said first That he had been several times tempting my Lord Howard to come over and be serviceable to the King and if he knew any thing that he would come and confess it Why Gen-men Mr. Howard that had come to him upon these Errands formerly and had thought he had gained him I conceive you do not wonder if my Lord Howard did not reveal himself to him who presently would have discovered it for for that arrand he came But if my Lord had had a design to have come in and saved his Life he would have made his Submission voluntarily and made his Discovery But my Lord tells nothing till he is pinched in his Conscience and confounded with the Guilt being then in Custody and then he tells the whole Truth that which you have heard this day Gentlemen this hath been all that hath been objected against the Witnesses except what is said by Dr. Burnet and he saies that my L. Howard declared to him that he believed there was no Plot and laughed at it Why Gentlemen the Doctor would take it ill to be thought a person fit to be intrusted with the discovery of this therefore what he said to him signifies nothing for 't is no more than this that he did not discover it to the Doctor But the last Objection which I see there has been a great many Persons of Honour and Quality called to is That 't is not likely my Lord Russel should be guilty of any thing in this kind being a man of that Honor Vertue and so little blamable in his whole Conversation I do confess Gentlemen this is a thing that hath weight in it But consider on the other hand my Lord Russel is but a man and hath his humane frailties about him Men fall by several temptations some out of revenge some by malice fall into such offences as these are my Lord Russel is not of that temper and therefore may be these are not the ingredients here But Gentlemen there is another great and dangerous temptation that attends people in his circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cried up as a Patron of Liberty This hath been a dangerous temptation to many and many persons of Vertue have fallen into it and 't is the only way to tempt persons
THE TRYAL OF THE LORD RUSSEL July 13. 1683. My Lord Russel was set to the Bar within the Bar. Clerk of the Crown William Russel hold up thy hand which he did Then this Indictment was read which is as followeth THe Jurors of our Sovereign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign 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 Allegiance 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 Tranquility 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 Destruction to bring and put the second day of November in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 34th and diverse other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with diverse other Traitors to the Jurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream 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 ancient 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 procure 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 he the said William Russel together with other false Traytors as a false Traytor then and there and diverse other Days and Times as well before as after Maliciously Trayterously and advisedly between themselves and with diverse other Traytors to the Jurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Sovereign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How saiest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copie of the Matter of Fact laid against me that I may know what to answer to it L. Ch. J. My Lord we can grant you nothing till you have pleaded Therefore that which is put to you now is whether you say you are Guilty or not Guilty L. Russel My Lord I am not Guilty Cl. of Cr. Culprit How wilt thou be tryed L. Russel By God and my Country Cl. of Cr. God send thee a good deliverance L. Russel My Lord I thought a Prisoner had never been arraigned and tryed at the same time I have been a close Prisoner L. Ch. Just For Crimes of this Nature My Lord we do it continually L. Russel It is hard my Lord. Mr. Att. Gen. My Lord hath no reason to complain for want of notice for since Monday seven-night he had notice of his Trial and the matters alledged against him he had notice of for Questions were put to him about this matter he hath been fairly dealt with he hath had the liberty of Counsel to advise him there hath been no sort of liberty denied him which becomes any Subject to have in this condition L. Ch. J. My Lord I do not know whether you hear Mr. Attorny He says your Lordship hath had a great deal of Favour shewn you already in that you have been acquainted with the Crimes for which you are now Indicted that you have had a great deal of warning given you that you have had the liberty of Counsel which hath not been known granted to any under your Lordships Circumstances He says he doubts not but your Lordship is prepared for your Defence because you have had so much knowledg and warning of the Time and Matter for which you were to be called in question L. Russel My Lord I am much to seek I only heard some general Questions and I have Witnesses that I believe are not yet in Town nor will be I believe till Night I think it very hard I can't have one day more Mr. Att. Gen. Monday seven-night your Lordship had notice L. Russel I did not know the matter I was charged with Mr. Att. Gen. Yes certainly for I was with you my self my Lord and those Questions you were examined upon were a Favour to you that you might know what the matter was you were accused of L. Ch. J. My Lord without the Kings consent we can't put off the Trial if the Kings Council think not fit to put it off we can't grant your Lordships Request in this Case L. Russel I would desire a Copy of the Pannel of the Jury that I might consider of it for how else can I make any just Challenge I thought the Law had been very favourable to Men upon their Lives and therefore it had allowed people to have some little notice L. Ch. J. Hath not your Lordship had a Copie of the Pannel I think your Lordship was allowed one We gave Order your Lordship should have a Copie of the Pannel Mr. Att. Gen. We did indulge him so far that he might have a Note of all the Men returned L. Russel I never had a Copie of the Pannel L. Ch. J. It was the fault of your Lordships Servants then for I gave Order for it my self 'T is such a favour that in regard a mans life lies at stake we never did deny it to my knowledge And therefore in this Case I gave order to the Secondary to deliver a Copie I know the King did not design to be hard upon my Lord in his Trial but that he should have as fair a Trial as ever any Noble
Guilty of this High Treason whereof he stands indicted or Not Guilty If you find him Guilty you shall inquire c. Mr. North. May it please your Lordship and you that are sworn The Prisoner at the Bar stands charged in this Indictment with no less than the Conspiring the Death of the Kings Majesty and that in order to the same he did with other Traitors named in the Indictment and others not known Novemb. 2. in the 34th Year of this King in the Parish of Bassishaw within the City of London meet and conspire together to bring our Soveraign Lord the King to death to raise War and Rebellion against him and to massacre his Subjects And in order to compass these wicked designs there being assembled did conclude to seise the Kings Guards and His Majesties Person This is the Charge the Defendent saies he is Not Guilty if we prove it upon him it will be your Duty to find it Mr. Att. Gen. My Lord and you Gentlemen of the Jurie most of our Evidence against this honorable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Grey Sir Thomas Armstrong and Mr. Ferguson they were the Council of State as I may call them to give forth directions for the general Rising that hath appeared was to have been within this Kingdom The Rising was of great concern and expence and must be managed by persons of interest prudence and great secresie These Gentlemen had frequent meetings in October and November last for then you may refresh your memories again was the general Rising to be and there they did consult how to manage the Rising they consulted how to seise the Kings Guards and this Noble person being mixed with these others especially with Ferguson who with others of an inferior rank was also ingaged in a Cabal for managing worser things though this is bad enough at several meetings they receive Messages from my Lord Shaftsbury touching the Rising They being looked upon as the persons that were to conclude and settle the time and all circumstances about it We shall make it appear to you in the course of our Evidence that those Underlings for this was the great Consult and moved all the other Wheels who managed the Assassination did take notice that these Lords Gentlemen of Quality were to manage and steer the whole business of the Rising It seems these Gentlemen could not give the Earl of Shaftsbury satisfaction to his mind for he pressed them to keep their day which was the 17. of November last But the honourable Person at the Bar and the rest made him this Answer That Mr. Trenchard had failed them for that he had promised to have 1000 Foot and 2 or 300 Horse at 4 hours warning but now it was come to pass he could not perform it that some Persons in the West would not join with them and therefore at this time they could not proceed and therefore they must defer the day And as a Council they sent my Lord Shaftsbury word he must be contented they had otherwise resolved and thereupon my Lord Shaftsbury went away and Mr. Ferguson with him To carrie on this practice they took others into their Council Sir Tho. Armstrong was lest out and there falling that Scandalous Report upon my Lord Grey he was to be left out and then there was to be a new Council of Six whereas the inferior Council to manage the Assassination was Seven At this Council there was this honourable Person at the Bar the Duke of Monmouth my Lord Howard and another honourable Person who I am sorry to name upon this account who hath this morning prevented the hand of Justice upon himself my Lord of Essex and Coll. Sidney and Mr. Hambden These Six had their frequent Consults at this honourable Persons house for they had excluded Sir Tho. Armstrong and my Lord Gray for these Gentlemen would have the Face of Religion and my Lord Gray was in their esteem so scandalous that they thought that would nor prevail with the people if he was of the Council There they debated how they should make this Rising after several Consultations they came to this Resolution That before they did fall upon this Rising they should have an exact accompt both of the time and method of the Scotch Rising and thereupon a Messenger was sent on purpose by Coll. Sidney viz. Aaron Smith to invite Scotch Commissioners to treat with these Noble Lords Pursuant to this just before the Plot brake out several from Scotland came to treat with them how to manage the work 30000 l. was demanded by the Scots in order that they should be ready in Scotland then they fell to 10000 and at last for the Scots love Mony they fell to 5000 which they would take and run all hazards but they not coming to their terms that broke off that week the Plot was discovered Gentlemen if we prove all these Instances besides we shall call some to shew you that all the inferior Party still looked upon these to be the Heads and tho' they kept it secret God hath suffered it to come to light with as plain an Evidence as ever was heard Sir Geo. Jeff. I will not take up any of your Lordships time we will call our Witnesses to prove the Fact Mr. Attorney hath opened Swear Collonel Romsey which was done Pray Collonel Romsey will you give my Lord and the Jury an Accompt from the beginning to the end of the several Meetings that were and what was the Debates of those Meetings Col. Romsey My Lord I was at my Lord Shaftsbury's Lodging where he lay down by Wapping about the latter end of October or the beginning of Novemb. and he told me there was met at one Mr. Sheppards house the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and he desired me to speak to them to know what resolution they were come to about the Rising of Taunton I did go there accordingly and call for Mr. Sheppard and he carried me up where they were and the Answer that was there made me was That Mr. Trenchard had sailed them and there would be no more done in the matter at that time Mr. Att. Gen. Tell the whole passage Col. Romsey I did say my Lord Shaftsbury had sent me to know what resolution they had taken about the rising of Taunton They made me this answer that Mr. Trenchard had failed them that he had promised 1000 Foot and 300 Horse but when he came to perform it he could not He thought the people would not meddle unless they had some time to make provision for their Families L. Ch. Just Who had you this Message from Col. Romsey Mr. Ferguson did speak most of it L. Ch. Just Who sent this Message back Col. Romsey Mr. Ferguson made the Answer my Lord Russel and the Duke of Monmouth were present and I think my Lord Gray did say something