Gen. â—â— Lâ—rd we shall besides this now we have fixed this upon my Lord give you â—nâ—ccount that these Persons that wâ—re to Rise always took them as their Pay-masters and expected their Assistance Mr. â—est Mr Keeling and Mr. Lesgh â—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 undâ—râ—tood any of the Lords were concâ—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 â—hat in the Inâ—â—rreâ—tion in November Mr. Ferguson and Colonel Rumsey did reliâ—me that my Lord Rusâ—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 inâ—â—uence the Gentlemen of the Jury and inâ—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. Ferguâ—â—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 Evidencâ— without it and will not use any thing of Garniture we will leave it as 't is we woâ—'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 â—â—se and proved againâ—t your Lordship Here is Colonel Rumâ—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 Shaftâ—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 severâ—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 aloâ—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 Aâ—â—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 Generalâ— 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 â—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
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 nâ—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
Person privy to it and that I might have the better opportunity to make good my Word to his Majesty and to approve my self Your Honours most humble Servant THO WALCOT Mr. Att. Gen. Swear Capt Richardson which was done Capt. Richardson My Lord On Sunday at Night Mr. Walcot desired to speak with me and he seemed very desirable to wait upon His Majesty and unbosom himself to the King Mr. Attorney saâ—d I should give him Notice to prepare himself for his Tryal which I did and told him He should want nothing to prepare himself for his Tryal Yesterday Morning his Son came and I sent my Clerk to stand between them and he had prepared this little Paper tyed close with a Thread which my Man told me he did intend to give his Son and he desired me since I had Discovered it I would make no use of it The Letter was to Captain Tracy that was his Land-lord to speak to Coll. Rumsey That he would be tender of him and tell him He had ground enough to serve the King upon other Men and also to speak to Mrs. West to desire the same thing of her Husband The last Words of the Note were If you cannot be private leave the Issue to God L. C. J. Mr. Walcot Have you any thing to say for your self against this plain Evidence Capt. Walcot My Lord They have taken a great deal of pains and made long Speeches though very little of them relating to me though too much Coll. Rumsey tells your Lordship of a Design they had to Assassinate the King and carrying on a War or something like it when I was out of the Kingdom That at Mr. Sheppard's House they drew up a Declaration and that upon Mr. Trenchard's saying things were not ready This was before I came into England and he says This was agreed at Mr. West's Chamber befoâ—â—â— came out of Holland That Rombald undertook it Then he says That after I came over I undertook to Charge the Guards while the King was Killing My Lord That was a very improbable thing for I look upon it that there is no difference between killing the King and securing his Guards These Gentlemen by what they have said do sufficiently convince the Court and all that hear them that they are sufficiently dipp'd themselves Here they Combine to take away my Life to save their own Then they tell you ' That Mr. Goodenough and Mr. Rombald brought Notes about Men that were to Assassinate the King but they do not tell your Lordship I was privy to any of these Notes nor that I knew any of them It 's in it self very improbable That I would ingage in so desperate an undertaking with Men I never saw nor heard of in my life Then he tells you That Mr. Ferguson had been at a place where I was there they inquired what Mr. Goodenough had done and withal they told you They met at my Lodging now that their meeting was ar'my Lodging was by Coll. Rumsey's appointment I knew nothing of it Most of these Meetings were by Coll. Rumsey's Appointment or Mr. Wests I accidentally came amongst them sometimes but all my business was only to hear News nothing was agitated concerning Killing the King or Levying of War more or less as I know of I must confess I did hear that there was a Design by a great many Lords and Gentlemen and others for Asserting of their Liberties and Properties but I was never in any Consultation with them or any Message to them nor I never saw one of these Lords that I know of that are said to be concerned Therefore I say 't is very improbable I should be so far concerned as they seem to represent it they met at the Five Bells they allow themselves I was not at that meeting For Mr. Keeling he does not at all Charge me What I said to Mr. West relating to the business he talks of in October last that my Lord is out of doors in point of time I pray God forgive him for what he has said I can't say more than I have L. C. J. Pray where do you live Where is your Habitation Capt. Walcot My Habitation is in Ireland my Lord. L. C. J. Pray what do you here Capt. Walcot I was invited by my Lord Shaftsbury to go Governor to Carolina L. C. J. That Design was a great while ago frustrated Capt. Walcot My Lord it was some while before I came over and so my Lord gave his Commission to another But being in England my Lord Shaftsbury invited me to go to Holland with him which I did and when he dyed I came to London I had not been here a Fâ—rtnight but I fell ill of the Gout and that continued Three months Another thing was my Son was here and I designed to Marry him and make Provision for my younger Children My Lord I have a competent Estate I hope it is no great Crime for a man of an Estate to be here L. C. J. You confess you heard some discourse of these things What made you to frequent their company when you heard these things Capt. Wal. It was my folly to do it L. C. J. Ay but you are to understand that Folly in these Cases is Treason Capt. Walcot I conceive my Lord 't is only misprision of Treason I did hear of a great deal that these Gentlemen have said and that there would be an Insurrection but I had no hand directly or indâ—rectly in it nor did it enter into my thoughts either directly or indirectly the Death of the King When some Gentlemen have talked to me of it I Abominated it and told them it was a â—candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.
This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. 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. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. 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 Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse 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. C. 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 Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell 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. C. 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. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy 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 agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey 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 â—tay above a quarter of an hour tasting Sherry with Mr. Sheppard L. C. Just. Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. of 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 Uiolate 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 elsewhere and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfeit the Kings Great or Privy Seal or his money and if a man bring false money into this Realm counterfeit to the money of England as the money called Lushburgh or other like to the said money of England Knowing the money to be false to Marchandise or make Payment in desceit 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 â—â—ise 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 Counsel is this You are accused 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. Russell It is in a Poynt of Law and I desire Counsel Mr. At. Gen. Admit your Consultations and we will hear them L. C. Just. 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 Russell has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Colonel Rumsey and my Lord Howard have Deposed whether then this be Treason we can hear your Counsel to nothing else L. Russell I do not know how to answer to it The point methinks must be quite otherwise that there should be Two Witnesses to one thing at the same time Mr. At. 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. Russell It was to the same point Mr. At. Gen. To the general point the lopping point Sir G. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. Just. 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 can't 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. 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
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 meâ— 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
Lord in compassing the Murder of the King in raising Rebellion within this Kingdom to the overthrowing of the best constituted and the most excellent Government in the World Gentlemen he does not stand alone and therefore he is charged in the Indictment with a Conspiracy with many others I am heartily sorry to say there are many indeed there is hardly any Kingdom or Nation wherein there are not discontented persons whose narrow Fortunes or malevolent Spirits render them uneasie in that condition God Almighty hath put them but to find men that pretend to be Christians or to have any thing of Virtue and under the best of Governments that indeed is a matter of wonder and indeed it casts so great a stain and reproach upon the Protestant Name that it is not to be wiped off but by the severest Justice of the Kingdom Gentlemen this design was for a general Rising and at the same time to assassinate the King and the Duke of York this is the design which the whole course of our Evidence will open to you and lies so naked that I hope no Englishman that lives but will see through these men that have made such a noise and tumult in these latter dayes This design to assassinate the King and the Rising was designed to be in October last upon the King 's Return from New-Market and at that time there was a Noble Lord that is gone now to his own place as will appear by the Evidence that furnished them with considerable summs of money for the providing Men and Arms for the assassinating the King at that time but the Assassinates were not then ready as God appointed they should not be ready and so at that time they were disappointed Then the general Rising was put off till Queen Elizabeth's day which will open your eyes to see upon what grounds those Tumultuous Meetings were encouraged in the City to the terror of all honest men but that Rising was also disappointed because some of the Conspirators were not ready with their Men in the Countrey and then Gentlemen though it was prest on by the person I mentioned he then thought it high time to leave these Confederates to themselves Gentlemen after this we shall trace them in their several Meetings and Consultations for there was a time that they struggled with themselves which should be effected first whether they should first kill the King and the Duke or whetâ—â—r they should first rise and so prosecute him in an open Rebellion and destroy him that way And the course of our evidence will shew how ingenious these men were for it appears there were men of great ingenuity and courage as appears by the Prisoner at the Bar and they would discourse of these matters in Phrates that common persons should not understand them Capt. Walcot I do not understand you Mr. Att. Gen. I speak as loud as I can At their meetings for cutting off the King that was the executing of a Bargain and Sale and a short conveyance to come to their end The raising of a War that was under the notion and so to be discourst of of executing a Lease and Release to work both upon the possession and upon the reversion and under these mystical terms they discourst of all these subjects when they were in publick places Capt. Walcot I do not hear Mr. Att. Gen. You will hear the Witnesses and that will concern you more Then Gentlemen in these several meetings they contrived to allot every man his part some were to provide Arms others were to provide men to do the execution which was last resolved upon to be at the Rye upon the Kings last return from New-Market Gentlemen in all these parts which I hope to prove the Prisoner will appear to have a principal part in them all In all the Consultations and Advisings for the raising men wherein he was to be a principal Commander according to the skill he hath but for the Assassination at the Rye Rumbold was to conduct the Men hired for that purpose Gentlemen accordingly the time was appointed for his Majesty to come and the Assassinates to meet him there but it pleased God that that was disappointed by a miraculous Fire for so all Englishmen may call it and whereas they were to go down on Friday to Rumbold's House and the King to come up on Saturday the Fire brought him to Town on Tuesday but notwithstanding this great Providence to divert them Rumbold and others of the Confederates resolved to go on with it still and several places were appointed and several Officers appointed to view those places either between Hampton-Court and Windsor or else to do it at the Play-house or upon the Kings passage from the Play-house by Bedford-wall at Covent-Garden but if these should fail they were resolved to do it at the Bull-feast Gentlemen they went further they provided Arms which very Arms opportunely fell into our hands we seised those very Arms that were bought for that purpose to kill the King and the Duke We shall go through with it I will name you the material places of their meetings that so you may understand the Witnesses the Green-Dragon Tavern on Snow-hill the Salutation Tavern in Lumbard-street the Angel Tavern near the Exchange and Mr. West's Chamber in the Middle Temple these were some of the principal places though they had several other places wherein all these matters were consulted and transacted They had prepared a new Model of Government and they were for overturning all as all these Politicians do though they had a most excellent Government yet they had a better in their own brains or at least their share would be greater in it as all Rebels have a prospect of Gentlemen for the other parts we shall have less occasion to give evidence of now for every one had their particular part some for the great design of the rising some for the killing of the King whereof that Gentleman the Prisoner was one and there were other parts assign'd to others for taking and surprizing the Tower We will call our Witnesses and prove all that we have opened and make it as clear to you as the Sun shines such a prodigious Villany nothing but a firebrand from Hell could kindle in meâ—s minds to kill the best of Kings and to destroy the best Frame of Government Gentlemen I do not question your Justice but that this man shall pay what is due to the Justice of the Kingdom Mr. S. Jeffreys My Lord I only desire to give an account of the method of our Evidence Capt. Walcot My Lord I desire I may have the favour of Pen and Ink. L. C. J. That you shall have Mr. S. Jeffreys My Lord and you Gentlemen of the Jury Mr. Attorney hath already given you an account of the design that was to be put in execution by a parcel of evil men whereof the Prisoner at the Bar we charge to be one We shall not detain you
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors 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 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 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 Destruction 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 35th and divers 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 divers other Traitors to the Iurors 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
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign 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 Soveraign 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 Commâ—n 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 Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be 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 Subject 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 Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors 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 Soverâ—ign 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 sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
notable cunning Lawyer and if such a Challenge were to have been allowed no doubt he would have made use of it but the Challenge was not taken and if he had made such a Challenge and it had been allowed perhaps he could not have been tried That was Cook I have heard several Persons tryed for Treason my self and never heard it taken Therefore I am of Opinion that before any Statute was made in this case It was the Custom in London to try without Freeholds and since by the Statute of Queen Mary 't is restored Mr. Baron Streete I think there was no such Challenge at Common Law The Jury were only to be Probos Legales homines and no more till the Statute made it so but there is a particular Reservation for Corporations And certainly if this should be admitted to be a good Challenge tho' it were between Party and Party there would be in some Corporations a perfect failure of Justice So that without doubt at Common Law there was no such Challenge As for the Statute of H. 5. 't is gone by that of Queen Mary If this were admitted within London nothing would be more mischievous to this Corporation Methinks we have been very nice in this matter when the life of the King is at Stake and all the Customs and Priviledges of the City of London seem to be levelled at in this point I am of the Opinion with the rest of the Judges that this Challenge ought to be over-ruled Justice Withins I am of the same Opinion L. Ch. Just. My Lord the Court is of Opinion upon hearing your Counsel and the Kings that it is no good Challenge to a Jury in a case of Treason that he has not Freehold within the City But I must tell your Lordship withall That your Lordship has nothing of hardship in this case for notwithstanding that I must tell you you will have as good a Jury and better than you should have had in a Country of 4 l. or 40 s. a year Freeholders The Reason of the Law for Freeholds is That no slight Persons should be put upon a Jury where the Life of a man or his Estate comes in Question but in the City the Persons that are impannell'd are men of Quality and Substance men that have a great deal to lose And therefore your Lordship hath the same in substance as if a Challenge was allowed of Freehold It will be no kind of prejudice to your Lordship in this case Therefore if you please apply your self as the Jury is called and make your Exceptions if you shall make any L. Ch. Just. Mr. Bollexfen you shall have liberty to stay any where here if you please Counsel Here is such a great Crowd my Lord we have no room Then the Iurymen were called and after the Lord Russel had challenged One and Thirty of them the Iury sworn were as follows Jur. Iohn Martin William Rouse Iervas Seaton William Fashion Thomas Short George Toriano William Butler Iames Pickering Thomas Ieve Hugh Noden Robert Brough Thomas Omeby Then was made Proclamation for Information Cl. of Cr. William Russel Esq hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted by the name of pront before in the Indictment Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal hath put himself upon his Country which Country you are Your Charge is to inquire whether he be 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 2. November in the 34th year of this King in the Parish of Bassishawe 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 seize the Kings Guards and his Majesties Person This is the Charge the Defendant says 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 Jury most of our Evidence against this Honourable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Gray 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 secreâ—e These Gentlemen had frequent meeting 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 seize the King's 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 tho' 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 and 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 17th 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 four hours warning but now it was come to pass he could not Perform it that some Persons in the West would not joyn 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 carry on this practice they took others into their Council Sir Thomas Armstrong was left out and there falling that Scandalous Report upon my Lord Gray 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
you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors 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 their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their 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 Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their 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 â—â—â—â—dom 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 March in the year of the Reign of our Soveraign 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 St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely 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 and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign 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 sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
Mr. Leigh Mr. Goodenough and several others Rouse Was it discoursed of before them Mr. Leigh No You never discoursed of it before them Rouse You discoursed of going an Hay-making in the Country says you I will trust them one alone but says you I am under an Oath of Secresy not to communicate it but to one at a time but I make bold to acquaint you with it I give you an accompt what I heard from his own mouth L. C. J. Look you what you heard from him will signify nothing unless you are able to make proof of it by other Witnesses If you will ask him any questions you shall We will hear what you can say for your self at last But you must not Invade the Kings Evidence with any discourse at Randome Rouse Did I ever put you upon any thing of this nature did you not tell me there was a design to overturn the Government but you would not shed blood Mr. Leigh I will answer I can't be positive whether I came to Mr. Rouse or he to me I had been in his Company several times before and whether he discoursed it first to me or I to him I cannot tell but when that point was discoursed he was very zealous to get en Captains and that the Ball might be played and the Tower taken Rouse Dâ—d ever Mr. Goodenough and you and I meet upon such an accompt Mr. Leigh Yes at the Kings-head Tavern Rouse I can take my Oath I never saw Mr. Goodenough but twice in your Company and I never knew you till May last Sir G. Jeff. You came to a very strict alliance by that time it came to June Mate Lee Sworn Sir G. Jeff. Tell my Lord and the Jury what you know the whole truth and nothing but the truth Lee. The whole truth I will tell About a week before Midsummer or thereabouts I met Mr. Rouse I think it was in Popes-Head Alley going to look after Captain Blage says Mr. Rouse I have something to say to you but he did forbear speaking it then so I went to the Kings head Tavern by the Exchange we went into a little Room says he there is something I would have you do What 's that says I. Says he can't you get some Sea-men sitting to make Commanders of Ships I did not understand Mr. Rouse's meaning in it but I thought Mr. Rouse being in Employment might put me in being destitute of employment as well as other men So after we did appoint to meet at Wapping at the sign of the Blew-Anchor in Wapping-Dock Says Mr. Rouse if I come not at Ten of the Clock do not look for me Says he can you get no men that are fit to make Commanders of Ships says I I have no acquaintance with any I do not know but Two or Three but says I I will see what I can do I waited for Mr. Rouse and Mr. Leigh next day both were to come The next day I asked him what he intended by the Commanders of the Ships where would he have those Ships He answered some of the Kings Men of War that lay at Deptford and Woolwich to make Guard Ships Says I what will you do if you have no Powder and Shot if you could take the Tower then you might provide them with every thing fitting Says Mr. Rouse we must secure the Tower and Whitehall both or we can do nothing Says I Mr. Rouse where is your Oath of Allegiance then that is to the King says he we will secure the King that he shall come to no damage and he shall remain King still If Mr. Rouse haâ—h any thing to object against what I say I desire to hear it I speak nothing but the truth Sir G. Jeff. Did you meet with him at any other time Lee. This was the first time he put out any such thing to me concerning any such contrivance Sir G. Jeff. Did you meet with him afterwards Lee. Yes we had some discourse it was to the same effect but it signifieâ— nothing and my memory being shallow I do not exactly remember it I know I must give an accompt of this before a greater Court than this Mr. Burton Mr. Corbin Sir G. Jeff. I did acquaint you my Lord that there was occasion to make use of Evidence against the Prisoner at the Barr I gave you an account how that Evidence was not receiv'd Now I desire to give you prooâ— that the continual inclination of this man's heart was the Killing of the King and destruction of the Government Mr. Thomas Corbin Sworn Sir G. Jeff. Pray Sir tell my Lord and the Gentlemen of the Jury what meetings you had her â—ofore with the Prisoner about the year Eighty One or thereabouts See whether you know him Mr. Corbin What I have to say against Mr. Rouse is only what I gave in Evidence to the Court before Rouse When was that Mr. Corbin In Eighty One L. C. J. Pray what do you know of him don't tell us what you gave in Evidence but you are on your Oath to speak truth not what you said then Mr Corbin My Lord Some few days before the Memâ—ers for the City of London went for Oxford I happened to appoint a Gentleman one Mr Wyaâ— to meet me at Mr. Leeches in Cornhill Mr. Rouse came by I knew him very well he was concerned in the Commission for Disbanding the Army as well as I. He came in and Saluted not only me but the Master of the shop with How do you He entred into discourse and said he intended to go for Oxford and that he had agreeâ— with the Coffee-men about Town to furnish them with News says he there are several Gentlemen resorting to your Shop it would do well if you had it Says Mr. Lâ—ch what shall I give you says he if you will go to the Tavern we will agree it over a Glass of Wine But Mr. Rouse told me he had a kindness to beg oâ— me and say he I would have you Ingage some of your friends to deliver them speedily to such a person I shall appoint De Die â—n Diem for says he if they bâ— delivered by the ordinary Letter-Carrier they won't turn to accompt nor give satisfaction By and by Mr. Wyat came in that I was to meet at the Stationers Mr. Wyat asked me what I thought of the Sessions Mr. Rouse made answer he did forsee it would be a very short Sessions Says he these frequent Prorogations and Dissolutions of the Parliament wont avail him for what ever the King has the Parliament gave him and they may take it away when they please One bid him have a care what he said and he replyed the King had forfeited his Crown and had no more right to it than he had L. C. J. Mr. Rouse If you would ask him any questions pray direct your self to us and we will ask them Rouse I desire he may be asked what was said before and after L. C. J. Can
hâ—llish design though I thank God I had no hand in it Say I who are the Persons Pray declare the bottom of this story you come to me about one day after another With much ado he told me Mr. Goodenough was one After this discourse I never saw Mr. Goodenough but twice once was at the King's-head Tavern where I believe was Twenty the second time was a day or two after I saw the Proclamation and his Name in it So much I speak of Mr. Goodenough I asked him the Names of the other persons that were ingaged in this Design and says he I must conceal them for I am under an obligation but the first time I saw the Proclamation against Col. Rumsey and the others says he I was deadly afraid I was in the Proclamation but says he all these persons are concerned and several others Thereupon he told me that when they met they came to this Resolution of seizing the Tower the Aldermen and taking of London Says I pray what money have you to carry on this Money oh says he we don't want money says he Mr. Goodenough hath assured me there is 40000 l. L. C. J. Look you you invert all his discourse He hath sworn it against you Have you any evidence in the world You are not in a capacity to swear against him Rouse My Lord he hath turned it upon me he spake to me always in private L. C. J. Look you You have fixed but upon one person here was Mate Lee that gives a very threwd Evidence against you did he come and teach you did he use these words Rouse My Lord I have nothing to say against Mate Lee I hope he is an honest Man But I having a Design to discover this whole thing and having so much out of Leigh the Dyer L. C. J. What did you use these words to him for then Rouse To satisfie the Gentlemen that put me upon it that I might come to the bottom of the Design Mr. Just. With You say you know a great deal more How came it to pass you never told the King one word of this 'till after you was taken Rouse I have told it since I was taken Mr. Sol. Gen. Pray when you had got to the bottom of all this as you call it why did you deny your Name Rouse I did not deny my Name Sir G. J. He hath as many Names as he has Designs and they are abundance Rouse I did not know they were Officers I did not think there was any obligation upon me to tell every Man my Name L. C. J. You hear what Evidence is given against you concerning your Discourse in Eighty One which though it be not the thing for which you are directly called in question yet if you could clear your self of it it would import you much for that does show your spirit and that you have had a long while a design against the King's Life if that be true therefore it would be very fitting that you purged your self of it and that you could some way or other give an Answer to what you said That the King had forfeited his Crown and had no more right to it than one of those sorry persons you spâ—â—e to And to say the Parliament might take away the King's Authority These are strange treasonable Expressions Rouse My Lord Though this thing be revived which was out of doors two years since and I suppose it is well known to your Lordship who was then upon the Bench. As I was told there was a word in the Indictment called Colloquium He was asked what Discourse passed before But if Mr. Corbin would remember himself I do confess I did say these words but the words that followed before Mr. Just. With. What do you mean the Cart before the Horse Rouse Mr. Wyat was urging of several Discourses the Popish Grandeur in deposing Kings and I gave this Answer in these words Sir says I If it were in the power of any Pope to depose the King then he might as well take away the Crown off the King's Head but he hath no such Power if he had that Power says I then the Crown of England is yours as much as his Mr. Sol. Gen. What was the Colloquium when you said the Parliament might take it away Rouse I never said that L. C. J. I have heard a great deal of your discourse if you think you can make any of it good by Witnesses to your advantage call them Rouse My Lord I have not had time to collect my Witnesses How can it be supposed I should call Witnesses I don't know whether they are here Here are Witnesses called to prove a Matter whereof upon a Tryal two years past I was acquitted Mr. Just. With. Pray do not go away with that here are two Witnesses since L. C. J. You were told that was not the thing laid to your charge now that does only shew the temper of your spirit and how your inclinations hath been all along Look you this you are now charged with is a design to Seize and kill the King and to that purpose to have entred into a Conspiracy with Goodenough and others for the raising of men and the making of a Rebellion and Insurrection here in the Kingdome whereby you might have seized not only the King but his Fort here the Tower and made your selves Masters of hiâ— Ships and so enâ—red into a perfect War with him in his own Kâ—ngâ—ome to the destruction of himself and the Government You hear what the Witnesses say against you Rouse I do declare in the presence of God Almighty before whom I must stand it never entred into my heart Mr. Jones If that would do we should have none hanged Râ—usâ— I appeal to your Lordship and this honourable â—ourt whether 't is likely for me who am such a silly person to ingage in such a Devillish design especially being concerne with no person in the world about it for I declare if I was upon â—en Thousand Oâ—ths I never had any discourse with any person in the world aâ—out it In the next place I was nâ—ver in any meeting though I have heard of several darkly that they met in London and in several Clubbs but I could never find out the places I desire to ask him whether he knows with whom I did concern my self L. C. J. Look you did you never meet him with any company concerning any of these Treasonable designs that you have spoken of Mr. Leigh I will give your Lordship and the Jury an accompt Mr. Rouse acquainted me he could make Ten Sea-Captains I acquainted Mr. Goodenough with it He tolâ— me he wâ—ulâ— have a Golden Ball and told me the charge We went to the Angel and Crown Tâ—â—rn from thence he came to meet Mr. Goodenough to tell him what he had said to these Captains The next dâ—y he met Mr. Goodenough and Mr. Goodenough Mr. Rouse Mr. Pachin and I went from Joseph's Coffee house in
Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Radish Edward Kemp. Clerk GEntlemen of the Jury look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of William Blague late of London Gent. that he together with John Rouse c. Mr. North. Gentlemen you that are sworn the Prisoner at the Bar is charged with compassing the Death of the King and conspiring to raise War and Rebellion to destroy the Government and take possession of it that he did conspire with one Rouse and several others not yet known to bring these things to pass and being join'd together to seize the Tower and to provide several Arms To this he hath pleaded not guilty c. Mr. S. Jeffreys My Lord and you Gentlemen of the Jury we shall not need to trouble you much with the Prisoner at the Bar for this Prisoner with him that went before were to undertake that part of this horrid Conspiracy relating to the seizing the Tower because the same Witnesses that were against the former are against the Prisoner at the Bar. We shall not need to trouble you with the history we will call our Witnesses to prove it Do you hear Lee you must tell my Lord and the Jury what the Prisoner at the Bar was concerned in L. C. J. What do you know of any Treasonable practices of his Mr. Lee I will acquaint your Lordship and the Gentlemen of the Jury that Capt. Blague and Mr. Rouse were frequently at the Tavern I presume many times they came in about Business and sometimes there was Discourses to carry on this Conspiracy Mr. Rouse told me he had acquainted Capt. Blague with it about getting Ten Sea Captains Capt. Blague told him they had better engage one or two Ships to shoot Morter-pieces into the Tower which would presently destroy it and discoursing with Capt. Blague about the affair he told me he would be ready in a Fortnight or Three Weeks Capt. Blague My Lord will you please to ask what time that was L. C. J. You shall have any Question asked by and by Capt. Blague Very well Mr. Lee. Capt. Blague told me he would be ready in a Fortnight or something more and he had an intention to lay in about Fourteen Guns in his own Ship that he had bought he would have Twenty four in it and lay it on Southwarke side against the Tower He would venture his Ship but they must see they were provided with Money for the Seamen I acquainted Mr. Goodenough with this and Mr. Goodenough desired to speak with Capt. Blague I told Capt. Blague of it and we took Coach at the Stocks-Market and went to the Kings-head in Chancery-Lane where we met with Mr. Richard Goodenough and Mr. Francis Goodenough Capt. Blague asked what Money they had provided they said about 40000 l. says Capt. Blague the Seamen will swallow that up immediately L. C. J. What did Capt. Blague say Mr. Lee. Mr. Goodenough and Capt. Blague discourst about the Matter at the Kings-head Tavern at Chancery-Lane end and the discourse about the Matter was how to seize the Tower he then told them again the only way was to do it with Morter-pieces that he would venture his own Ship and provide Two hundred men L. C. J. What did he say about Money Mr. Lee. He asked what Money was provided he said there was about 40000 l. then he said that would be easily swallowed Mr. Goodenough said that there would be more provided at any time Cap. Blague and Mr. Goodenough both of them drank a Glass or two of Wine together and so at that time we parted I met with Capt. Blague again and bid me for God's sake don't discourse before my Mate such a one but my Mate Lee is a very honest fellow Said he I will undertake once in Twenty times to dismount them Six Guns that face towards Surrey side which I understood to be about Traytor's-Bridge he would undertake to dismount them What discourse Capt. Blague and Mr. Goodenough had a part I can't tell but Mr. Goodenough told me he would get some other Captains to engage in that affair That Business was left to him and I and I was desired to be frequently with Capt. Blague for the managing this affair of the Tower and saies he I have had a Commission though not in England by Land as well as by Sea L. C. J. Will you ask him any thing Sir Now he shall be asked any thing that you will propose First you do propose to him about what time this meeting was What say you to that Mr. Lee. If it please your Lordship I believe it was toward the latter end of May or the beginning of June Capt. Blague If you please my Lord I will give you a Journal or Narrative of all my proceedings L. C. J. Will you ask him any more than that Cap. Blague No my Lord. Mr. S. Jeff. We will call Mate Lee. This Mate Lee was the Man that might not be trusted Mate Lee tell my Lord and the Gentlemen of the Jury what discourse you have had with the Prisoner at the Bar Capt. Blague about seizing the Tower Mate Lee. I shall Sir The first discourse that ever I understood was one time he and I was riding in a Coach saies Capt. Blague one of these daies we shall have a Ball to toss I did not know the meaning of this Ball till afterwards Mr. Rouse and Mr. Lee and I came together and he told me of tossing a Ball upon Black-heath Then I began to understand it And after this I can't tell whether it was before that Capt. Blague and I walking about the Tower and discoursing of this my way was to Scale the Tower and take it that way saies Capt. Blague the best way is to shoot Morter-pieces on Southwarke side this was all the discourse Mr. S. Jeff. Can you say any thing about the Ship Mate Lee. Nothing about the Ship but about Morter-pieces on Southwarke side Mr. S. Jeff. What time was that Mate Lee. I cannot be possitive about Six Weeks ago or less Mr. S. Jeff. The first time was in the Coach Mate Lee. That was about the Ball I did not understand it only tossing up a Ball I did not understand the meaning of it till afterwards Mr. Rouse and Mr. Lee and I came together L. C. J. How came you to discourse with him concerning the best way of taking the Tower Mate Lee. Mr. Rouse and Mr. Lee and I and Capt. Blague had been together We discourst about taking the Tower And we had this discourse among our selves which was the best way to take the Tower my approbation was Scaling Ladders and hand Granadoes that was the best way Cap. Blague's way was with Morter-pieces on Southwarke side L. C. J. To what intent was this discourse had you had any former discourse with any Persons Mate Lee. Not at all if it please your Lordship The first discourse I
purpose did you meet Mr. Goodenough so often to discourse about this matter of the Tower Capt. Blague My Lord I never met with him at all but when I came to Mr. Rouse about this business of the Two hundred Pound L. C. J. Mr. Lee What say you concerning his inquiry for Money Mr. Lee. If it please your Lordship Mr. Goodenough and the Captain met at the Kings-head Tavern they met several times apart out of Company and discourst of the business apart Mr. Goodenough asked me for the Captain many times I told him what the Captain said to me Mr. Goodenough took the Captain out and discourst him about this affair Mr. Goodenough hath told me several times the Captain would be very serviceable The Captain asked what Money there was I told him about 40000 l. and he said that would be quickly gone I inquired of Mr. Goodenough again and Mr. Goodenough told me there was more Money in Holland L. C. J. What Money was he to have Mr. Lee. Two hundred men The Captain says I named him before the King and Council to be at a Meeting at the Green-Dragon Tavern It is true I did acquaint the King and Council that Mr. Rouse had Business at the Green-Dragon Tavern But this was at the time of my absconding I could not tell where to meet him again L. C. J. What Guns did he say he had provided Mr. Lee. If it please your Lordship he said he had Fourteen Guns in the Ship and would make them up Twenty four He would undertake in Twenty shot to dismount them Guns L. C. J. Where was this discourse you had with him about this Two hundred Pound Mr. Lee. If it please your Lordship it was at several times one was with Mr. Goodenough at the Kings-head at the corner of Chancery-Lane L. C. J. Look you Sir by the Oath you have taken did he undertake to raise men and to assist with his Ship in taking the Tower Mr. Lee. If it please your Lordship he told me he would so do it He told me he would have Twenty four Guns Jury Did the Captain tell you so Mr. Lee. Captain Blague that is here Capt. Blague My Lord in reference to the Two hundred men this is the thing that I would answer I could not stow a Hundred Men Women and Children L. C. J. Two hundred men he saies for this Service Capt. Blague Yes my Lord I mean so Who can you have to say so besides your self Mr. Lee. If it please your Lordship this discourse was only with Mr. Rouse Mr. Goodenough Capt. Blague and I. Capt. Blague My Lord Mr. Lee said before the King and Council that he was never along with me but once and of what I said then he could tell only he was there when I went to look Mr. Rouse How can these two expressions go together Mr. Lee My Lord as to that before the King and Council I did say I was not apart with Captain Blague and Mr. Goodenough at the Kings-head Tavern but Captain Blague and Mr. Goodenough were there several times and they were apart by themselves and that I had discourse with Captain Blague and Mr. Goodenough and came with them once to the Kings-head Tavern L. C. J. What did Captain Blague tell you of what discourse he had with Mr. Goodenough Mr. Lee. Captain Blague did tell me that we must have a great care or else we should be all ruined and that his Ship should be ready and alwaies encouraged me And says he when I have done the business I have been a Captain ashore in another Country I have been in Commission in another Country ashore and can tell how to mannage Men ashore as well as aboard Another thing was after all this some time when I understood I was Sworn against I was indeed the Captain says right to have gone with him a Passenger and was with him several times I gave him a report how the Tower might be taken by Ladders and Granadoes and he told me that Nelthrop's Brother came to see him and did inform me that neither Mr. Goodenough nor his Brother was taken and that the Duke of Monmouth was in the Country and quickly would come L. C. J. Who told you this Mr. Lee. Capt. Blague Mr. S. Jefferies This is a pretty matter to smirk at Captain Capt. Blague I will assure you Sir there is not truth in it Mr. S. Jefferies Would you smile the Witnesses out of their Oaths L. C. J. Look you Mate Lee what say you to 〈◊〉 in your judgment and your thoughts was the discourse concerning taking the Tower in a jesting way Mate Lee. No an 't shall please your Lordship I was in earnâ—st in discoursing of it my way was as I told your Lordship before scaling Ladders and hand Graâ—â—â— L. C. J. Had you any talk before of Surprizing the Tower Mate Lee. No My Lord by no body but Mr. Rouse and Lee. L. C. J. What had they spoken to you concerning Surprizing the Tower Mate Lee. Mr. Rouse spoke to me of getting some Seamen that might be fit to make Masters of Ships and I asked him what he would do with those Seamen to make Commanders of Ships he said to put them aboard the Kings men of War and make Guard Ships of them I said what can you do with them to make Guard Ships when there is neither Powder Shot nor Ammunition but said I if you can take the Tower you may do well enough So that our discourse was about taking the Tower L. C. J. Was Capt. Blague with you then Mate Lee. What discourse we had about taking the Tower was between our selves L. C. J. How came you to discourse concerning this Mate Lee. This was our common discourse I suppose the instigation might be by Mr. Rouse I was acquainted with Mr. Rouse by going with Capt. Blague this was my first discourse with Mr. Rouse and Mr. Lee together L. C. J. Who was with you when you discourst it first Mate Lee. There was only Mr. Rouse and Mr. Lee I can be positive that Capt. Blague was not but this Capt. Blague did say when I gave my way of taking the Tower by scaling Ladders and hand Granadoes no says Capt. Blague it is a better way to have Mortar-Pieces over the Water and shoot into the Tower Mr. S. Jefferies Hark you friend did Lee or Rouse tell you that Blague was made privy to it Mate Lee. I understood nothing of it but what we discourst together for I was acquainted with none of the Cabal but Mr. Rouse and Mr. Lee. L. C. J. What did you discourse about Mate Lee. About taking the Tower I won't mince it I am upon my Oath L. C. J. Therefore we would have the truth out of you Mate Lee. I did gather from Mr. Rouse and Mr. Lee that the intention was to take the Tower L. C. J. Give some account how you and Blague came to discourse of such a thing as