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war_n king_n statute_n treason_n 3,122 5 9.7332 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A61185 A true account and declaration of the horrid conspiracy against the late King, His present Majesty and the government as it was order'd to be published by His late Majesty. Sprat, Thomas, 1635-1713.; James II, King of England, 1633-1701. 1685 (1685) Wing S5065; ESTC R27500 86,454 174

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way that Money might be collected without Administring Jealousie That after this the Deponent met no more with them but when he return'd out of the Country he was inform'd Aaron Smith was come back and that Sir John Cockran was also come to Town Then Attherbury the Kings Messenger deposed that the foresaid Cambel and his Son were taken in London making their escape out of a Window in a Woodmongers House four Days after they had been in Town during which space they confess'd they had chang'd their Lodgings three Times and that they and Mr. Baillie of Jerviswood came to Town together Against this Evidence the Lord Russel's defence besides some Objections in point of Law wherein he was over-ruled by the Opinion of all the Judges there present was to this purpose That the two times they met was upon no form'd Design only to talk of News and of things in general That the Lord Howard having a voluble Tongue they delighted to hear him discourse That he knew of no such Council of Six chosen for who should chuse them That the Witnesses against him swore to save their own Lives and therefore could not be credible That Romzey was notoriously known to have been highly obliged by the King and the Duke and it was strange he should be capable of such a Design as to Murder the King that no Body then could wonder if to save his own Life he should endeavour to take away anothers That the time by the 13th of the King was elapsed since the Prosecution was not made in the six Months That a Design of Levying War is no Treason except it appear by some Overt Act That there was but one Meeting at Shepard's House nor was he ever there but once That then he came late staid not above a quarter of an hour tasting Sherry with Shepard and that there ought to be two VVitnesses to one and the same thing at the same time Then he produced VVitnesses to prove that the Lord Howard before he was taken declar'd He believ'd the Lord Russel innocent and knew nothing against him The rest of his Justification consisted of the Testimony of several Persons concerning the Virtue and Sobriety of his former Life As to what concern'd the Lord Howard's saying He believed the Lord Russel not to be guilty it was answer'd by the Lord Howard himself That he confess'd he had said so being then himself not a cused so that he intended to out-face the thing both for himself and the Party but now his Duty to God the King and his Country requir'd it he must say the Truth and that though the Council of Six were not chosen by any Community yet they did erect themselves by mutual Agreement one with another into that Society The rest was answer'd by the Kings Learned Council at Law That he was not Try'd upon the 13th of the King but upon the 25th of Edward the Third That to Raise a Conspiracy within the Kingdom is what is call'd Levying War by that Statute That to design to seize on the King or to depose him or to raise the Subjects against him hath been setled by several Resolutions of the Judges to be within that Statute and Evidences of a Design to kill the King That in Cases of Treason it is not necessary there should be two VVitnesses to the same individual Fact at the same time but if there be two VVitnesses of things tending to the same Fact though at several times and upon several occasions it is sufficient That if there be one Witness of one Act of Treason another of a second another of a third they will be enough to Convict a Man of High Treason That so it was determin'd by the Opinion of all the Judges in England and by the Lords in Parliament in the Lord Stafford's Case It was farther urged That the VVitnesses against the Lord Russel were not profligate Persons nor Men who wanted Faith and Credit before that time but such against whom there had been no legal Exceptions made by himself That there was no Contradiction no Correspondence or Contrivance at all between them and that it cannot be imagined such Men should Damn their own Souls to take away the Life of a Gentleman against whom they had no Quarrel As for Romzey's being much obliged to the King and the Duke That it was apparent by many Instances that no such though the greatest Obligations had hinder'd ill Men from Conspiring against his Majesty For was not the Earl of Essex were not divers others of the Conspirators in like manner obliged and advanced in Estate and Honour by the King As to their coming only to Shepard's to taste VVine it was said That could not have been the end of their Meeting VVhy did they then come so privately VVhy then did they order none of the Servants to come up It was plain the Design they met on requir'd only such Persons to be present as had an Affection for the Cause It was also urg'd That it is not a good Objection against a Mans being Evidence in High Treason that he himself was engaged in it but that such Men are the most proper Persons to be Evidence none but they being able to detect such Counsels As for the several Divines and Men of Honour and Quality produced to testifie the Virtue and Sobriety of the Lord Russel's Conversation it was answer'd That an Affectation of Popularity has often proved a Snare strong enough to tempt many Men who have otherwise been of great Temperance and Virtue Nor indeed can there be any more dangerous Enemies to a State or Kingdom than such as come sober to endeavour its Destruction VVhich old and true Observation was signally exemplified in this particular Case of the Lord Russel For West deposed That the Underacters in the Treason most depended on the said Lord for this very reason because they look'd on him as a Man of great Sobriety Upon the whole Process he was found guilty of High Treason But in stead of Drawing Hanging and Quartering the usual and legal Penalty of that Crime the Execution was by his Majesties Clemency chang'd into that of Beheading Though it is well known this very Prerogative of the Kings having it in his Power to alter the Punishment of High Treason had been vehemently disputed by the Party and particularly by the Lord Russel himself in the Lord Stafford's Case The said Lord Russel at the time of his Death which was the 21st of that Month deliver'd a Paper to the Sheriffs and left other Copies of it with his Friends whereby it was immediately dispers'd amongst the People the general drift of it being to make odious Insinuations against the Government invidious Reflections on the Ministers of his Majesties Justice and undue Extenuations of his own Fault As to the whole Matter of it Time the best Discoverer and Light of Truth has since shewn it to be full of Enormous Falshoods And for the manner of its Composure