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-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
no Freehold should be determined but by Freeholders But the Judges of the Kings-Bench the Court being full for the necessity of the thing lest there might not be sufficient Freeholders in the City having sent one of the Judges of that Court to your Lorships of the Common-Pleas for that Reason did agree the Challenge was not good I know these Gentlemen will please to remember the Case so that I say as in one Case we ought to be tender of the Life of the Prisoner so we ought surely to be tender of the Life of the King otherwise it may so happen that the Kings Life may be incompassed and Treason commited in the City and there would be no way in the World to Try it therefore we pray for the King the Challenge may be over-ruled M. North. My Lord it is the practice to make the Venire facias without mentioning Freehold for it does not Command that they return so many men that have Freehold but probos legales homines de visineto therefore at the Common-Law those were good Inquests to Try any man that were not Excommunicated nor under any Out-Law 'T is true there are Statutes that say all Jury-men shall have Freehold but we say these Statutes do not extend to the City of London but that it is governed by its own Customs and we say it is the Custom that Citizens of Ability have been returned that have no Freehold But granting what we do not but by way of supposal my Lord it does not extend to this Case because Tryals are to be according to the use at Common-Law by the Statute of Queen Mary which does set them at large again and that is the reason the Prisoner in this Case hath his Challenge for 35 and is in other Cases restrained to 20 so that we say these men of Ability are good and there is no Statute affects them L.C.J. Mr. Pollexfen do you find any Judgment that in Cases of Treason by Common-Law they might except for want of Freehold Have you any resolution in the Case Mr. Pollexf I think there are Books that say at Common-Law there must be Freehold L. Ch. Just. What in Treason Mr. Pollexfen No my Lord. L. Ch. Just. Unless you speak of Treason you do not speak ad Idem For I do take it that in Cases of Treason or in Cases of Felony at the Common Law they had no liberty to except to Jurors that they had not any Freehold but that at the Common Law any good and Lawful men might pass Then take as introductive of a new Law the Statute of H. 5. I am of the mind that this Statute of H. 5. peradventure may extend to Treasons and Felonies but when the Statute of Queen Mary comes and says all Tryals shall be by such Evidence and in such manner as by common Law they ought to have been I do not see how it is possible to make an Objection afterwards of this Nature For admitting this Act of Parliament of H. 5. had altered the Common Law and given a Challenge why then when the Statute of Queen Mary comes and sets all Tryals at large in the Case of Treasons then certainly the Challenge is gone again and I doubt you will not find one Exception in this case ever since that Statute concerning the Jurys Freehold in Cases of Treason but it hath generally passed otherwise and there hath not been any ever excepted I doubt it will be a very hard thing to maintain such a Challenge now Here are my Lords and Brothers will be pleased to deliver their Opinions It is a business of great consequence not only for this Noble Person at the Bar but for all other Persons L. Ch. Baron I agree with your Lordship perfectly but if the Counsel had laid a right Foundation that it had been so at Common Law there had been much said But I take it at Common Law there was no Challenge for want of Freehold and I am induced to think so for otherwise what needed the Statute of H. 5. been made But whether it extend to Treason or no I am not so clear And if it did it 's wiped off again by that of Queen Mary which reduces all to the Common Law Tryal Mr. Just. Wyndham I am of the same Opinion I conceive at Common Law lack of Free-hold no good cause of Challenge 'T is true that Challenge is given in some cases by Act of Parliament yet I doubt whether it extend to a thing of so high nature as Treason for other Statutes have not mentioned any thing of Treason But suppose 2. H. 5. did extend to it yet it is very plain the Statute of 1. and 2. Queen Mary hath set all at large again They are to be good and Lawful Men and I do not find that any thing of the lawfulness must be the Freehold And therefore I conceive this is no just Exception in this case Mr. Just. Iones My Lord I am of the same Opinion I am of Opinion that the Common Law did not require Freehold to be a good cause of Challenge in the case of Treason and the rather Because at the Common Law a man that was indicted of High Treason had liberty to Challenge peremptorily to the Number of 35. Persons My Lord if the Common Law be altered by the Statute of H. 5. yet I take it that the Statute of 1. and 2. Ph. and M. does restore the Common Law in this particular point For whereas there was a Statue of H. 8. to restrain the Prisoner to the Number of 20 for his Challenge now the Statute restoring it to Common Law the Prisoner hath his Challenge to 35 as he had before that Statute of H. 8. So I take it the King shall have his priviledge also to try a Prisoner for Treason by Persons that have not Freehold Mr. Just. Charlton I am of the same Opinion And truly the rather because no President hath been offered of any such Challenge before and many men have suffered and sure if it could have been many would have made use of it Mr. Just. Levins I am of Opinion 't is not to be allowed I do not think my self driven to the necessity to determine now whether Freehold was a good Challenge at Common Law in point of Treason I think the Statute of Ph. and M. hath restored the Tryals to the Common Law What was the Common Law The Common Law is the Custom of England which is other in Cities than in Countries and the Custom of London is part of that Common Law So tho it be a cause of Challenge in a County at large yet it is not a cause of Challenge in Cities where Freeholders are not to be found Now that which satifies me is That this Custom is restored by the Statute of Ph. and M. Because never such a Challenge hath been And it is known when 20 were tryed for Treason together in this very place and one of them a
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
were in a great hurry Capt Walcot had been several times with me discoursed of it But upon this disappointment they said it should be the dishonor of the Lords that they were backward to perform their parts but still they were resolv'd to go on And this had carried it to the latter end of October About the 17 th or 18 th Cap. Walcot came to me and told me now they were resolv'd positively to rise and did believe that a smart Party might perhaps meet with some Great men Thereupon I told the Duke of it I met him in the street went out of my own Coach into his told him That there was some dark intimation as if there might be some Attempt upon the Kings Person with that he strook his breast with a great Emotion of spirit said Godsoe Kill the KING I will never suffer that Then we went to the Play-House to find Sir Tho. Armstrong send him up and down the City to put it off as they did formerly it was done with that Success that we were all quieted in our minds that at that time nothing would be done But upon the day the King came from New-Market we din'd together the Duke of Monmouth was one and there we had a notion conveyed among us that some bold Action should be done that day which comparing it with the Kings coming we concluded it was design'd upon the King And I remember my L. Gray says he By God If they do Attempt any such thing it can't fail We were in great anxiety of mind till we heard the Kings Coach was come in and Sir Tho. Armstrong not being there we apprehended that he was to be one of the party for he was not there This failling it was then next determined which was the last Alarum and News I had of it to be done upon the 17 th of November the Anniversary of Queen Elizabeth and I remember it by this Remark I made my self That I fear'd it had been discovered because I saw a Proclamation a little before forbidding publick Bonfires without Leave of my Lord Mayor It made some impressions upon me that I thought they had got an intimation of our Intention and had therefore forbid that meeting This therefore of the 17 th of November being also disappointed and my L. Shaftsbury being told things were not ripe in the Country took Shipping and got away and from that time I heard no more of him till I heard he was dead Now Sir after this we all began to lye under the same Sense and Apprehensions that my L. Shaftsbury did That we had gone so far and communicated it to so many that it was unsafe to make a Retreat and this being considered it was also considered that so great an Affair as that was consisting of such infinite Particulars to be managed with so much sineness and to have so many parts it would be necessary that there should be some General Council that should take upon them the Care of the Whole Upon these thoughts we Resolved to Erect a little Caball among our selves which did consist of Six Persons and the Persons were The Duke of Monmouth my Lord of Essex my Lord Russel Mr. Hambden Jun. Algernone Sidney and my Self Mr. Attor Gen. About what time was this when you setled this Council L. Howard It would have been proper for me in the next place to tell you that and I was coming to it This was about the middle of January last as near as I can remember for about that time we did meet at Mr. Hambdens House Mr. Attor Gen. Name those that met L. Howard All the Persons I Named before that was The D. of Monmouth my L. Essex my L. Russel Col. Sidney Mr. Hambden Jun. and my Self When we met there it was presently agreed what their proper Province was which was to have a care of the Whole And therefore it was necessary some General things should fall under our Care and Conduct which could not possibly be Conducted by individual Persons The things that did Principally challenge this Care we thought were these Whether the Insurrection was most Proper to be begun in London or in the Country or both at one instant This stood upon several different Reasons It was said in the Country and I remember the D. of Monmouth insisted upon it that it was impossible to oppose a Formed well Methodiz'd and Governed Force with a Rabble hastily got together and therefore whatever Numbers could be gathered in the City would be suppressed quickly before they could Form themselves Therefore it would be better to begin it at such a distance from the Town where they might have an Opportunity of Forming themselves would not be subject to the like panick Fear as in the Town where half an Hour would convey the News to those Forces that in another half Hour would be ready to suppress them Mr. Attor Gen. Was this Determined among you all L. Howard In this manner that I tell you Why it was necessary to be done at some Reasonable distance from the Town And from thence it was likewise considered that the being so remote from the Town it would put the King upon this Dilemma that either the King would send His Forces to subdue them or not if he did He must leave the City Naked vvho being Proximi Dispositioni to Action it would give them Occasion to Rise and come upon the back of the Kings Forces if he did not send it vvould give them time to Form their Number and be better Ordered Mr. Attor Gen. My Lord We do not desire all your Discourse and Debates What was your other General thing L. Howard The Other was What Countries and Towns were the fittest and most disposed to Action and the Third What Arms were necessary to be got and how to be disposed And a Fourth which should have been indeed first in Consideration propounded by the D. of Monmouth That it vvould be absolutely Necessary to have some Common Bank of 25. or 30000 l. to Answer the Occasions of such an Undertaking Nothing was done but these things were offered then to our Consideration and we were to bring in our United Advice concerning them But the Last and Greatest was How we might so order it as to draw Scotland into a consent with us for we thought it necessary that all the Diversion should be given This was the Last Mr. Attor Gen. Had you any other Meetings L. Howard We had about Ten days after this at my Lord Russels Mr. Attor Gen. The same Persons L. How Every one of the same Persons then meeting Mr. Attor Gen. What Debates had you there L. How Then it was so far as we came to a Resolution That som Persons should be sent to my L. Argyle to settle an Understanding with him that some Messengers should be dispatcht'd into Scotland that should invite some Persons hither that were judged most able to
meeting was had you any further design upon the King then Col. Rumsey Yes my Lord. L. C. J. Give us some account of that Col. Rumsey It was to be done a coming from Windsor to London or from Windsor to Hampton-Court or the Play-House and therefore that Arms should be ready against any opportunity that should happen let it be what it would and Mr. West did undertake to provide Arms and he told me he bought them and did not get his mony in six or seven weeks after a day or two after going to Ferguson he told him now he might have his money if he would send a Note to Major Wildman but after he was told that Major Wildman would not pay it by Note but he must send Mr. Rumbold to him for it for he would trust no body else but him And so Mr. West did send Mr. Rumbold and he was there at his house by six a clock in the morning but he was gone out of Town an hour before so Mr. West went to Mr. Ferguson and he then told him that he should have money in two or three days if he would come to him and Mr. West did go to him and he paid him an hundred pound Mr. Att. Gen. Was there any provision made for a Rising now again Col. Rumsey Yes this general Rising by this division of the City was intended to be ready against the first opportunity that hapned Mr. Att. Gen. Before this Discovery did you keep up these Meetings Mr. Sol. Gen. When was your last time Col. Rumsey My Lord I think it was the very Thursday before the Discovery but then on Friday or Saturday we had inklings that this was discovered and did meet at the George upon Ludgate Hill L. C. J. Who met then Col. Rumsey I think it was the very Thursday before I am not very certain we mâ—t at the Salutation in Lumbard-Street and there was Captain Walcott Mr. West Mr. Wade the two Goodenoughs and Mr. Nelthrop and my self Mr. Att. Gen. What did it come to pray what was your Discourse then and Resolution Col. Rumsey The Resolution was still to carry it on We went thither to know of Mr. Goodenough what was done about the other thirteen parts he told us he had no account but he said he thought he should have a Meeting on Saturday in the afternoon at Ludgate-Hill at the George to have his answer but the Discovery coming there did only meet Mr. Norton Mr. Bourne there was another I don't know who the other was there was a fourth Mr. Att. Gen. Mr. Rumsey Pray after the Discovery What did you resolve upon What Meetings had you upon your Flight Col. Rumsey We met at Capt. Tracey's Mr. Att. Gen. What day was that Col. Rumsey That was upon the Monday after the Discovery Mr. S. Jeffreys Who was there Col. Rumsey There was Capt. Walcott Mr. West Mr. Wade Mr. Nelthrop the two Goodenoughs and Mr. Ferguson Mr. Att. Gen. What did you discourse of there Col. Rumsey There was exclaiming against Mr. Keeling and taking Resolutions to be gone L. C. J. Mr. Keeling What was Keeling Col. Rumsey Mr. Keeling was he that made the Discovery Mr. S. Jeffreys Have you ever been in Keeling's Company Col. Rumsey I was that time we met at the Salutation he came in there for a quarter of an hour L. C. J. Look you Sir Do you know Capt. Walcott Are you sure it is that Gentleman at the Bar Col. Rumsey Yes my Lord. L. C. J. Hath he owned always the Name of Walcott Col. Rumsey Yes my Lord. L. C. J. What did he say to Mr. Keeling when he came to the Salutation Col. Rumsey There was in that very days Gazette a Report of a Rising at Cologne and one Gulick that headed them and said Mr. West to Keeling he should be our Gulick Mr. Att. Gen. Pray how did he interpret it at that time Col. Rumsey Mr. West said that Gulick was Keeling Gu was Keel and lick was ing Mr. S. Jeffreys A Quirk upon his Name Mr. Att. Gen. When you resolved to flie Had you any discourse of making a Stand and fighting the Government then Col. Rumsey Not that I know of I was not all the time with them L. C. J. Look you Colonel Rumsey let me ask you this What was Keeling to do Was there any Post assigned to Keeling in this Col. Rumsey I never saw him before L. C. J. How long was it before the Discovery that you did see him Col. Rumsey The Thursday before L. C. J. At the Salutation Tavern Col. Rumsey Yes he was there call'd Gulick Mr. S. Jeffries If Captain Walcot will ask him any Questions he may L. C. J. Look you Mr. Walcot now you may ask Colonel Rumsey tell me what Questions you would have asked and I will ask him Capt. Walcott I desire Colonel Rumsey may be asked Whether I ever met at Mr. West's Chamber till after His Majesties Return from Newmarket L. C. J. Look you Sir you hear the Question it is Whether ever Mr. Walcot met with Mr. West till after the King 's Return from Newmarket Col. Rumsey Till after L. C. J. Till after the King's Return Col. Rumsey Yes Sir Capt. Walcott My Lord I have sufficient Evidence against that Mr. S. Jeffries I think that he was to undertake the Guards that was before the King came from Newmarket L. C. J. He hath given this Evidence He was there and he would not attaque the Coach he would not meddle with the King but he would fall upon the Guards Capt. Walcott Shall I speak a word my Lord L. C. J. Look you I will tell you you shall have your Answers to these things you have Pen Ink and Paper Capt. Walcott But I have a bad memory and I am afraid I shall forget this very thing Mr. S. Jefferies I hope the Jury will not forget it L. C. S. Look you Mr. Walcott we must not admit you to break in upon the King's Evidence when that is heard you shall have your liberty to make your Answer to any thing and call any Witness Col. Rumsey My Lord I will give one Instance more There was one Meeting at the Five Bells in the Strand where there was only Ferguson Captain Rumbold Mr. West Goodenough and my self And Mr. Ferguson told us that Night that Captain Walcott would come the next Meeting we had at Mr. West's Chamber L. C. J. Then Captain Walcott was not with you at the Five Bells Col. Rumsey Mr. Ferguson told us he would come in the next time at Mr. West's Chamber and there he did come L. C. J. And that was before the King went to Newmarket Pray Sir answer this Was this before the King went to Newmarket or not Col. Rumsey No my Lord this was when he was at Newmarket for the King was at Newmarket when he and Mr. Ferguson came from Holland the King was then at Newmarket Mr. S. Jefferies Now we will call Mr.
I was not willing to speak with him neither Mr. Goodenough I believe did speak with Sr. Thomas Armstrong We met at Richard's Coffee-house and adjourn'd to the young Devil Tavern there was Capt. Walcot Col Rumsey Mr. Wade Mr. Goodenough and my self and one Holloway a Merchant at Bristol Mr. Holloway did propose since the Scotch business was broke of that they should try what forces they could raise here And Mr. Ferguson did say if three thousand men could be had he believed the Duke of Momnouth and my Lord Russel would appear in the head of them They were to divide the City into 20 parts each 20 th part into 14 ths and 15 ths and to divide it into Streets and Lanes one Principal man was to have a 20 th part and to have men under him and that they should not interfere with one another they bought a great Map of the City of London My Lord I did not read one line in it but Mr. Goodenough being a man of publick acquaintance by reason of his Office did undertake it I think he did propose Mr. Borne for one and one Mr. Graines for another and said he would speak with Mr. Keeling We had several meetings after this and Mr. Goodenough did report that there were 1300 men out of two of the Hamlets My Lord I stood here while Mr. Bourne gave his Evidence but I suppose he hath a little forgot himself for he told me he had spoke to one Parson Lobb and he said to him he would try what his Congregation could do that he had two in Newprison and he would set them out to see what they could do that they were poor men but zealous in their way I think Mr. Bourne hath forgot himself for he did mention that he had spoken to Parson Lobb Mr. S. Jefferies Then Parson Lobb was in there was another Parson in Mr. West Yes and he mentioned Lobbs Pound Mr. Att. Gen. The Prisoner was at those several meetings was he not Mr. West Yes and did shew himself ready to act his part About a fortnight before the Discovery brake out Mr. Rombold told me they had a great jealousie Mr. Keeling would Discover all the business that Mr. Keelings Wife and Mother cryed mightily and charged him for neglecting his business and said they were afraid he would do a great deal of mischeif to honest people for he had replied to them he would not want money and he would be hanged for no body upon which Rombold told me if I was sure of this says he I would dispatch him I would get him into the Country and kill him but saies he I will not kill an innocent man if I thought the thing was not so I would not kill him for all the World Mr. Keeling told him he had an overture from one Shoote of fourscoure Pounds a year Mr. Att. Gen. After you had notice of the Discovery did you meet Mr. West The Saturday before the Discovery I dined with Mr. Rombold and he took Mr. Keeling along with him saies he We won't discourage him too much it may be 't is not so Mr Keeling told him he never wanted money so much in his life Mr. Rombold and one Galâ— that was to be one of the Assassinates contrived to help Keeling to money and lent him 1001. Upon the Sunday I had notice the thing was Discovered and that Keeling had accused me and Mr. Goodenough and Mr. Nelthrop On the Munday morning early I thought fit to retire but we did agree to meet at Capt. Walcots Lodging My Lord I came thither pretty â—arly and all the people came afterwards that had agreed to come thither but they designed to go beyond Sea I had no mind to go they had hired a Boat and gave 5. l. in earnest but the next morning it was said the Messengers were abroad and that it was believed the River was beset and there was no getting away then every man shifted for himself I shifted by the means of Mr. Bourne who I thank him helped me to a conveniency for two or thâ—ee days When we were all retired they got Mr. Keeling in the City and Rumbold discoursed him in the presence of several people where he wished a great many imprecations upon himself if he had Discovered I told them I did not understand him for if he had made a Discovery it was a fine way to catch people in Then there was a discourse of killing him they proposed to him to go out of Town he refused them but said he would go in a few days thaâ— night they followed him and upon tracing of him they found he had called out his Brother and that he and his Brother were gone to the Secretarys and then it was taken for granted that Discovery was made and every man must shift for himself Had not Keeling deceived them at that meeting at the Tavern by the protestations he made some body had killed him there Then Mr. Wade said if the Duke of Mommouth would go into the West we might try a push for it and the Prisoner at the Bar said I am satisfied God will deliver the Nation tho he does not approve of the presen Instruments L. C. Just. Have you done as to this Gentleman at the Bar Capt. Walc When was it that I should say these words Then I desire your Lordship would ask him how many Months ago it was he saies I gave him the Paper Mr. West It was in October Capt. Walc Then whether I did not then lye ill of the Gout Mr. West Not at that time my Lord. This that I say of the Paper was given me at my Chamber and then I think he was pretty well Capt. Walc My Lord I am not so natural a fool to think for me to charge the Guards when another man kills the King but I am as Guilty as he that kills him L. C. Just. No doubt of it Mr. West Capt. Walcot I would not take away your life to save my own but I do take it upon me that you did agree to Command or be one of those that were to fight the Guards L. C. Just. What was the reason he would not kill the King Mr. West He said it was a base thing that way being a naked person and he would not do it L. C Just. So the point is the same but only you distinguished in the point of your mistaken honour and thought to kill the King was not so honourable a point as to fight the Guards Capt. Walc There is no difference between the one and the other to do one and the other is the same thing L. C. Just. Your Judgment is now rectified but what say you to the matter for now you hear what is fastned upon you that is several Consults about the securing or killing of the King and your advice was to kill him and you did go down to Romball's house to view the place where it might be done the most
the Challenge they return either 60 or 80 And I presume your Lordship was attended with the Names delivered Sir Geo. Jeff. How many Names was delivered Mr. Atwood Above 100. L. Russel I had nothing of a Pannel delivered to me but some Names L. Ch. Just. There was never any formal Pannel delivered to any Person Accused The Copy of it is in Paper always L. Russel How can I know who to Challenge L. Ch. J. My Lord the Copy of it is in your hands your Lordship hath been deceived in this by not understanding the true Nature of these things if we were to give you a new one we could give you but such an one L. Russel I had no Paper from the true Officer L. Ch. Just. No but from your Servant Mr. Attor Gen. My Lord you will have cause to complain if they are not the same men we now shall call L. Ch. J. My Lord That Paper will guide your Lordship in your Challenges L. Russel My Lord I did not mind it I put it away My Lord with your Favour I must needs insist upon having a Pannel and that you will put it off till the Afternoon I have a Witness that is not in Town My Counsel told me it was never done or very seldome Arraigning and Trying at the same time except in case of Common Malefactors L. Ch. J. Mr. Attorney why may not this Tryal be respited till the Afternoon Mr. Attor Gen. Pray call the Jury L. Ch. J. My Lord the Kings Counsel think it not reasonable to put off the Tryal longer and we can't put it off without their Consent in this Case L. Russel My Lord 'T is hard I thought the Law had allowed a pretty deal of favour to a man when he came upon his Life How can I know to except against men that I never heard or saw one of them Cl. of Cr. You the Prisoner at the Bar those good Men that have been now called and here appear are to pass between you and our Soveraign Lord the King upon your Life or Death if you Challenge any of them you must speak as they come to the Book to be Sworn before they are Sworn L. Russel My Lord may not I have the use of Pen Ink and Paper Court Yes my Lord. L. Russel My Lord may I make use of any Papers I have L. Ch. Just. Yes by all means L. Russel May I have some body write to help my memory Mr. Att. Gen. Yes a Servant L. Ch. Just. Any of your Servants shall assist you in writing any thing you please for you L. Russel My Wife is here my Lord to do it L. Ch. Just. If my Lady please to give her self the trouble Mr. Att. Gen. My Lord you may have two Persons to write for you if you please L. Russel My Lord here hath been a name read that I never saw in the List of the Jury I had I heard Sir Andrew Foster called L. Ch. Just. He is not called to be of the Jury Cl. of Cr. Call Iohn Martin He appears L. Russel Are you a Freeholder of 40 s. a year I hope none are allowed in the Pannel but those that have Freeholds L. Ch. Just. There is no Pannel made in London by Freeholders we have very few Freeholders capable of being impannel'd because the Estates of the City belong much to the Nobility and Gentlemen that live abroad and to Corporations therefore in the City of London the Challenge of Freeholders is excepted L. Russel My Lord I thought it had been always so and the Law had been clear in that Case throughout England that no man ought to be tryed for his life but by those that have Freeholds My Lord I remember I read the Statute of 2 H. 5. where 't is positive that no Persons shall be Judged in cases of life and death but by those that have 40 s. a year L. Ch. Just. My Lord that Statute extends not to this Case Read the Statute Cl. of Cr. Whereas Perjury is much used in the City of London upon Persons c. L. Ch. Just. Is this the Statute your Lordship has read L. Russel This is not in the case of life and death L. Ch. Just. It is not my Lord. L. Russel That that I read is positive And if your Lordship will not allow of it I desire my Counsel may come and argue it for 't is a matter of Law and I can't argue it whether the Jury are not to be Freeholders Mr. Ser. Jefferies There is nothing mentioned in that Statute with relation to the City of London indeed but the necessity of the thing requires it Mr. Att. Gen. It will not be material 't is a collateral point for most of the Jury have Freeholds L. Ch. Just. Do you allow the Exception Mr. Att. Gen. No my Lord. L. Ch. Justice Therefore we must if my Lord stand upon it hear his Counsel My Lord we will hear your Counsel what Counsel do you desire my Lord L. Russel The Counsel that were allotted me L. Ch. Just. No you must have Counsel assigned by us The Counsel that was assigned elsewhere signifies nothing L. Russel Mr. Pollexfen Mr. Holt and Mr. Ward The said persons were called and came into Court L. Ch. Just. To the Counsel Gentlemen my Lord here desires Counsel you are here assigned as Counsel for my Lord Russel that is at the Barr 't is concerning a thing wherein he doubts the Law he would except to the Jury upon this account to the Poll because they have not Freehold within the City of London and he desires you may be assigned his Counsel to make it out that this is a cause of Challenge Mr. Att. Gen. 'T is a Case of Treason Mr. Pollexfen Mr. Ward We take it so Mr. Pollexfen My Lord Perhaps if we had more consideration of it we should speak more but if your Lordship pleases to hear us what we can say first we take it with submission at Common Law a Freehold was necessary to make a man Juryman But that which falls out in this case is the Statute of 2 H. 5. c. 3. which Statute I suppose is here in Court That Statute says this if you please I will quote the substance of it That none shall be admitted to pass upon any Inquest upon the Tryal of the death of a man except he have Lands and Tenements of the yearly value of 40 s. Now we are here I think within the words of the Statute and I take it to be no Question at all were we not in a City and County I think this would be no question upon any Tryal in any County at large The Statute does not make any exception or distinguishment between Cities and Counties at large but the words are general as I have opened them My Lord the Statute does also provide in cases of Freehold or 40 Marks Now my Lord to prove this Statute extends to London tho a City and County there are other
Statutes that have been made subsequent make it plain that it does so extend But before I speak to them There is â— Inst. fo 157. that takes notice of this Statute and speaks it generally that the Freehold ought to be in the same County nor do I remember to have seen any Book that distinguishes between Counties at large and Cities and Counties But Statutes that have been made concerning Cities and Counties are a plain declaration that this is meant of Juries both in Cities and Counties I will mention the Statute 7 H. 7. c. 5. The substance of the Statute is this It takes notice that there were Challenges in London for that they had not 40 s. per Ann. and that this Challenge was to be made in the Wards which are the same with Hundreds in the Counties so this Statute is made to take away the Challenge of 40 s. Freehold This Statute of 7 H. 7. that takes away the Challenge in London for not having 40 s. is with submission a strong Evidence and Authority that it was before that time a good Challenge for otherwise to what end should they make a Statute to take away the Challenge unless it were before a good cause of Challenge In the next place 4 H. 8. c. 3. that extends to Civil Causes in London and says That in London Jurors shall but provides only for London in Civil Causes be admitted in Civil Causes that have goods to the value of 100 Marks My Lord if that first Statute or the Common Law had not extended to require Freeholds in London then there would have been no need of this Statute that was made to inable men to be Jurors that had goods to the value of 100 Marks So that we take it to be good Authority that by the Common Law Freehold was required in all Civil Causes Then there is another Statute 23 H. 8. 13. and that will be a strong evidence to shew what the Law is For the Statute says in Cities and Burroughs in Tryals of Murder and Felony if a Freeman of the City of London is to be tried the Freemen shall be upon the Jury tho' they have not Freehold and then there is a Proviso that for Knights and Esquires that are out of the Burrough tho' they are arraigned in the Burrough that extends not to them tho' in cases of Murder and Felony As for this Statute we take this sense of it First that it does not extend to Treasons for when it only names Murders and Felonies that makes no alteration as to Treason therefore that stands as before But if there be any alteration that extends only to Freemen and Burgesses that are to be tried but not to Knights and Esquires so that if we were in a case of Felony and Murder I think we are not concerned in this Statute for we are no Freeman nor Burgesse but we are an Esquire and therefore ought to be tryed by Freeholders So that for the Law we relye upon these Statutes that we have looked upon as strong evidence that there ought to be in the Tryal of the life of a man especially for Treason Freeholders First if it were in Civil Causes if this qualification be not in Jury-men then an Attaint would lye the Penalty in an Attaint is that their Houses should be pulled down c. This is provided by the Law to the intent the Jury may be careful to go according to their evidence 'T is true no Attaint does lie in in Criminal Causes but if so be in Civil Causes there be required Freeholders and an Attaint lies if there be not 't is not reasonable to think but there should be as great regard to the life of a man as to his Estate Next my Lord I do not know any Law that sets any kind of qualification but this of Freehold so that be the Persons of what condition or nature soever supposing they be not outlawed yet these Persons if this Law be not in effect may then serve and be put upon the life of a man These are the reasons my Lord for which we apprehend they ought to be Freeholders Mr. Holt. My Lord I would desire one word of the same side We insist in this case upon these two things First we conceive by the Common Law every Jury-man ought to have a Free-hold we have good Authority for it Cokes first Institutes but if that were not so I think the Statute Mr. Pollexfen hath first mentioned 2 H. 5. c. 3. to be express in this point My Lord the Statute in the Preamble does recite all the mischiefs it says great mischiefs ensued by Iuries that were made up of Persons that had not Estates sufficient in what As well in the case of the Death of a Man as in the case of Free-hold between Party and Party The Statute reciting this mischief does in express words provide two Remedies for the same in these Cases First on the Life or Death of a man the Jury or Inquest to be taken shall have 40 s. per Ann. and so between Party and Party 40 Marks so that this being the Tryal of the Death of a Man it is interpreted by Stamford 162 a. That is in all Cases where a Man is Arraigned for his Life that is within the express words of the Statute Besides this Exposition that hath been put upon the Statute my Lord it does seem that the Judgment of several Parliaments hath been accordingly in severall Times and Ages My Lord to instance in one Statute that hath not been mentioned and that is the 33 of H. 8. c. 23. That does give the King Power to award Commissions of Oyer and Terminer for Tryals in any County of England And that says the Statute in such Cases no Challenge to the Shire or Hundred shall be allowed that is you shall not Challenge the Jury in such a Case because they have not Free-hold are not of the County where the Treason was Committed but that upon the Tryal Challenge for lack of Free-hold of 40 s. a year shall be allowed though it alters the manner of Trying Treason by the Common Law so that my Lord here is the Opinion of that very Parliament that though it took away the usual method of Tryals yet it saves the Prisoners Challenge for want of Free-hold Now indeed that Statute is repealed but I mention it as to the Proviso that it shews the Judgment of that Parliament at that time My Lord those other Statutes that have been made to Regulate Cities and Towns Corporate why were they made 33 H. 8. That no Free-hold should be allowed that shews that 2 H. 5. did extend to these Cases But my Lord these Statutes that shew the Judgment of the Parliament sufficient to our purpose do not extend to this Case the Statute goes only to Murders and Felonies but not to Treasons And we are in the case of a Penal Statute and concerning the Life and Death of a Man which
ought to be taken strictly it ousts the Prisoner of a Benefit and by parity of Reason if Treason be not mentioned your Lordship can't by Equity extend it to it when it only mentions inferiour Offences and takes away the benefit in lower Cases Like the Case of the Bishop of Winchester where the Statute set down Dâ—an and Chapters and other Ecclesiastical Persons it shall not extend to Bishops because it begins with Persons of an inferiour Nature No more shall Murder and Felony extend to Treason But further the Statute only concerns Freemen for there is an express Proviso in the Case for in case any Knight or Esquire come to be Tryed in the Place he has his Benefit as before My Lord we are in this Case as in the Case not mentioned in the Statute we are not a Freeman of London My Lord there is another thing 7 H. 7. c. 5. Why there was not only requisite at the Common-Law that the Jurors had sufficient Free-hold but it was required it should be in the Hundred and Free-hold in the Wards in the City is the same with Free-hold in the Hundreds in the Country So that the want of Freehold in the Hundred was a good cause of Challenge So that I think it will hardly be denied but that a Jury that passes upon the life of a Man ought by the Law by the Statute and by the Judgment of the Parliament to have Free-hold Where is there then any Statute whatsoever that makes a difference in this Case between London and other Counties We are in the case of Treason we have taken our Exceptions and on behalf of the Prisoner at the Bar we pray the Challenge may be allowed Mr. Ward My Lord I shall be short because Mr. Pollexfen has observed these things so particularly already I observe the Statute of H. 5. is a general Statute and extends throughout the Realm Now when the thing is thus general there is no room to except particulars And in this case 't is within the very words of the Law if the words be so generally penned in the negative then we conceive there is no construction to be made upon them unless some subsequent Parliament alter it Coke's Institutes 157. where 't is said in Treason as well as any thing else upon H. 5. there shall be Freeholds If they have provided in Civil and other Criminal Causes it were strange that this should be Casus omissus but there is no construction against a negative Law For the Parliament taking care of the City of London as the subsequent Statutes say that he that hath 100 Marks shall pass in Civil Causes and then it says in Murders and Felonies and that only confined to the Freemen of the place does sufficiently explain the Law where 't is not altered by any subsequent Act therefore I desire the Challenge may be admitted Mr. Att. Gen. My Lord these Gentlemens Foundation is not good for they prove it not by any Books that at Common-Law it was requisite for a Juryman to have Freehold My Lord I deny their Foundation there is no such Law and at this day in all Criminal Cases where the Statute does not direct it as for Riots and other Informations for Misdemeanour there is no Law restrains them and they may be tryed by any men they have no exception against Then 2 H. 5. says None shall be admitted to pass upon the death of a Man I take it to extend to all Capital matters though it is pretty odly expressed for when a Man is accused of other Felonies and High Treasons 't is of the death of a man unless he have Lands or Tenements of the yearly value of 40 s. But I will take it as these Gentlemen do at this Time it not being so at Common-Law nor in other Criminal Cases but what are provided for by the Statute As to other matters of Felony and Murder no doubt there these Challenges are to be taken upon the Statute but not for Treason because the Statute of Queen Mary does expresly repeal that Statute and no Statute since takes away the force of that of Queen Mary that all Tryals for Treason shall be as at the Common-Law and according to this the constant practice in all Cities not only London where Persons have been Indicted for High Treason hath been There was never any such thing pretended Most of these Gentlemen have Freeholds but we would not have this point lost to the City of London so that the Statute they speak of and the Interpretations of the several other Statutes too are to no purpose for we say by Common-Law all Causes might be Tryed by any Persons against whom there was not sufficient Cause of Challenge and the Common-Law is by that Statute restored in this point Mr. Sol. Gen. My Lord I have little to say Mr. Attorney hath given a true Answer to it the Foundation does fail them It was not necessary at Common-Law for a Jury-man to have Freehold but then they must shew you my Lord it is altered and made necessary The Statute of H. 5. does not seem to extend to Treason but if it did 't is now out of doors by that of Queen Mary whereby all Tryals of Treason are reduced to the Common-Law This is that we answer they fail in their Foundation they do not make it out that it was necessary for a Jury-man at Common-Law to have Freehold Sir Geo. Jeff. My Lord I confess they have cited several Acts of Parliament and upon them lay their Foundation and draw Inferences from them But they will find that in several Acts of Parliament which they have quoted there is a particular regard had for the preservation of the constant Usage and Custom for Tryals within the City of London That notwithstanding several Acts of Parliament have in other places ascertained the value of Jurors yet they had still an Eye that the City of London should continue in its Usages I think it will be necessary to put you in mind of the Case of the City of Worcester It would be very hard say they because an Attaint does not lye in Criminal matters if you intend by that to have People of Ability 't is well known that the ablest People in the City of London have scarce any Freehold in it for that most of the Inheritances of the City of London remain in the Nobility and in Corporations Now in the Case of my Lord Russel he hath a peremptory Challenge to 35 and I think I may adventure to say there can scarce be 35 more that can call themselves Freeholders in London consider the Consequence then Treason should be committed in the City of London and there would not be enow in the City of London to try it In the Case of the Quo-Warranto brought against the City of Worcester to know by what Warrant several took upon them the Offices of Aldermen the Gentlemen at the Bar objected that it was reasonable that
that Conspiracy and imagination by is the assembling in Council to raise Arms against the King and raise a Rebellion here We have proved that to you by Three Witnesses I shall endeavour as clearly as I can to state the substance of the Evidence to you of every one of them as they have delivered it The first Witness Colonel Romsey comes and he tells you of a Message he was sent of to Mr. Sheppards house to my Lord Russel with several other persons who he was told would be there assembled together And the Message was to know what readiness they were in what Resolutions they were come to concerning the Rising at Taunton By this you do perceive that this Conspiracy had made some progress and was ripe to be put in action My Lord Shaftesbury that had been a great Contriver in it he had pursued it so far as to be ready to rise This occasioned the Message from my Lord Shaftesbury to my Lord Russel and those Noble persons that were met at Mr. Sheppards house to know what the Resolution was concerning the business of Taunton which you have heard explained by an undertaking of Mr. Trenchards That the answer was they were disappointed there and they could not then be ready and that my Lord Shaftesbury must be content This Message was delivered in presence of my Lord Russel the Messenger had notice my Lord Russel was there the Answer was given as from them all That at present they could not be ready because of that disappointment Col. Romsey went further and he Swears there was a Discourse concerning the Surprizing of the Guards and the Duke of Monmouth my Lord Gray and Sir Thomas Armstrong went to see in what posture they were in whether it were feasible to surprize them and they found them very remiss and that account they brought back as is proved to you by Mr. Sheppard the other Witness That it was a thing very feasible But to conclude with the substance of Col. Romseys Evidence he says my Lord was privy to it that he did discourse among the rest of it though my Lord was not a man of so great discourse as the rest and did talk of a Rising He told you there was a Rising determined to be on the 19th of November last which is the substance of Col. Romseys Evidence Gentlemen the next Witness is Mr. Sheppard and his Evidence was this he Swears that about October last Mr. Ferguson came to him of a Message from the Duke of Monmouth to let him know that he and some other persons of Quality would be there that night that accordingly they did meet and my Lord Russel was there likewise that they did desire to be private and his Servants were sent away and that he was the man that did attend them He Swears there was a discourse-concerning the way and method to seize the Guards he goes so far as to give an account of the Return of the Errand the Duke of Monmouth my Lord Gray and Sir Thomas Armstrong went upon That it was feasible if they had strength to do it Then he went a little farther and he told you there was a Paper read that in his Evidence does not come up to my Lord Russel for he did not say my Lord Russel was by and I would willingly repeat nothing but what concerns the Prisoner This therefore Col. Romsey and Mr. Sheppard agree in That there was a Debate among them how to surprize the Guards and whether that was feasible and Mr. Sheppard is positive as to the return made upon the view The next Witness was my Lord Howard he gives you an account of many things and many things that he tells you are by hearsay But I cannot but observe to you that all this hearsay is confirmed by these two positive Witnesses and their Oaths agree with him in it For my Lord Shaftsbury told him of the disappointment he had met with from these Noble Persons that would not joyn with him and then he went from my Lord Shaftsbury to the Duke of Monmouth to expostulate with him about it for my Lord Shaftsbury was then ready to be in action and that the Duke said he always told him he would not engage at that time This thing is confirmed to you by these two Witnesses Col. Romsey says when he brought the Message from my Lord Shaftsbury the answer was They were not ready my Lord must be contented Next he goes on with a discourse concerning my Lord Shaftsbury that does not immediaâ—â—ly come up to the Prisoner at the Bar but it manifests there was a Designe at that time he had 10000 brisk Boys as he called them ready to follow him upon the holding up his finger But it was thought not so prudent to begin it unless they could joyn all their Forces So you hear in this they were disappointed And partly by another accident too my Lord Howard had an apprehention it might be discovered that was upon the Proclamation that came out forbidding Bonfires to prevent the ordinary Tumâ—lts that used to be upon those occasions Then my Lord Howard goes on and comes particularly to my Lord Russel for upon this disappointment you find my Lord Shaftsbury thought fit to be gone But after that the Designe was not laid aside for you hear they onely told him all along they could not be ready at that time but the Designe went on still to raise Arms and then they took upon themselves to consult of the methods of it and for the carrying it on with the greater secrecy they chose a select Council of Six which were the Duke of Monmouth my Lord of Effix my Lord Howard my Lord Russel Mr. Hambden and Col. Sidney That accordingly they met at Mr. Hambden's there was their first meeting and their Consultation there was how the Insurrection should be made whether first in London or whether first in the Country or whether both in London and in the Country at one time They had some Debates among themselves that it was fittest first to be in the Country for if the King should send his Guards down to suppress them then the City that was then as well disposed to rise would be without a Guard and easily effect their designes here Their next meeting was at my Lord Russel's own house and there their Debates were still about the same matter how to get in Scotland to their assistance and in order to that they did intrust Col. Sidney one of their Counsel to send a Messenger into Scotland for some persons to come hither my Lord Melvin Sir Hugh Cambell and Sir Iohn Cockram Accordingly Col. Sidney sends Aaron Smith but this is onely what Col. Sidney told my Lord afterwards that he had done it but you see the fruit of it Accordingly they are come to Town and Sir Hugh Cambell is taken by a Messenger upon his arrival and he had been but four days in Town and he had changed his Lodging three
so little concern for his own life to make this Discourse his ordinary Conversation No it must be a particular Consult of Six that must be intrusted with this I tell you 't is not the Divines of the Church of England but an Independent Divine that is to be concerned in this they must be persons of their own complexion and humour For men will apply themselves to proper instruments Gentlemen I would not labour in this case for far be it from any man to endeavour to take away the life of the innocent And whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts into the Scale Gentlemen I must tell you on the other side you have Consciences Religion you have a Prince and a merciful one too consider the life of your Prince the life of his Posterity the consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving Gentlemen I must put these things home upon your Consciences I know you will remember the horrid Murder of that most pious Prince the Martyr King Charles the First How far the practices of those persons have influenced the several punishments since is too great a secret for me to examine But now I say you have the life of a merciful King you have a Religion that every honest man ought to stand by and I am sure every Loyal man will venture his Life and Fortune for You have your Wives and Children Let not the greatness of any man corrupt you but discharge your Consciences both to God and the King and to your Posterity L.C.J. Gentlemen of the Jury the Prisoner at the Bar stands indicted before you of High Treason in compassing and designing the death of the King and in declaring of it by Overt acts endeavouring to raise Insurrections and popular Commotions in the Kingdom here To this he hath pleaded Not Guilty You have heard the Evidence that hath been against him it hath been at large repeated by the Kings Counsel which will take off a great deal of my trouble in repeating it to you again I know you cannot but take notice of it and remember it it having been stated twice by two of the Kings Counsel to you 't is long and you see what the parties here have proved There is first of all Col. Romsâ—y he does attest a Meeting at Mr. Sheppard's house and you hear to what purpose he says it was the Message that he brought and the Return he had it was to enquire concerning a Rising at Taâ—nton and that he had in return to my Lord Shaftsbury was that Mr. Trenchard had failed them and my Lord must be contented for it could not be that time You hear that he does say that they did design a Rising he saith there was a Rising designed in November I think he saith the 17th upon the day of Queen Elizabeth's birth You hear he does say there was at that Meeting some discourse concerning inspecting the Kings Guards and seeing how they kept themselves and whether they might be surprized and this he says was all in order to a Rising He says that at this my Lord Russel was present Mr. Sheppard does say that my Lord Russel was there That he came into this Meeting with the Duke of Monmouth and he did go away with the Duke of Monmouth as he believes He says there was some discourse of a Rising or Insurrection that was to be procured within the Kingdom but he does not tell you the particulars of any thing he himself does not My Lord Howard afterwards does come and tell you of a great discourse he had with my Lord Shaftsbury in order to a Rising in the City of London and my Lord Shaftsbury did value himself mightily upon 10000 men he hoped to raise and a great deal of discourse he had with my Lord Shaftsbury This he does by way of inducement to what he says concerning my Lord Russel The Evidence against him is some Consults that there were by Six of them who took upon them as he says to be a Council for the management of the Insurrection that was to be procured in this Kingdom He instances in two that were for this purpose the one of them at Mr. Hambden's house the other at my Lord Russel's house And he tells you at these Meetings there was some discourse of providing Treasure and of providing Arms but they came to no result in these things He tells you that there was a design to send for some of the Kingdom of Scotland that might joyn with them in this thing And this is upon the matter the substance of the Evidence that hath been at large declared to you by the King's Counsel and what you have heard Now Gentlemen I must tell you some things it lies upon us to direct you in My Lord excepts to these Witnesses because they are concerned by their own shewing in this Design If there were any I did direct some of you might hear me yesterday that that was no sufficient exception against a mans being an Evidence in the case of Treason that he himself was concerned in it they are the most proper persons to be Evidence none being able to detect such Councils but them You have heard my Lord Russels Witnesses that he hath brought concerning them and concerning his own integrity and course of life how it has been sober and civil with a great respect to Religion as these Gentlemen do all testifie Now the Question before you will be whether upon this whole matter you do believe my Lord Russel had any design upon the Kings life to destroy the King or take away his life for that is the material part here 'T is used and given you by the King's Counsel as an evidence of this That he did conspire to raise an Insurrection and to cause a Rising of the people to make as it were a Rebellion within the Nation and to surprize the King's Guards which say they can have no other end but to seize and destroy the King and 't is a great evidence if my Lord Russel did design to seize the King's Guards and make an Insurrection in the Kingdom of a design for to surprize the King's Person It must be left to you upon the whole matter You have not evidence in this Case as there was in the other matter that was tried in the morning or yesterday against the Conspirators to kill the King at the Rye There was a direct evidence of a Consult to kill the King that is not given you in this Case this is an act of contriving Rebellion and an Insurrection within the Kingdom and to seize his Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King Upon this whole matter this is left to
you tell him do you know there was any previous or subsequent discourse to this that mâ—ght aâ—y way alter it Rouse It was the same question prâ—pounded in Eighty One Mr. Justice Wiâ—hiâ—s Pray did he say the King had forfeited his Crown Mr. Corbin Yes and when he was râ—buked for it he reiterated it Sir G. Jeff. We will trouble your Lordship but with one peice of Evidence more only to give you an account Mr. Rouse is a man very well known in the City of London yet when there were Officers came to seize him he had forgot his name of Rouse and did not remember â—it Swear William Richardson which was done pray tell my Lord and the Jury whether you were at the taking of this Mr Rouse and what name he went by Mr. Richardson I was upon the Fourth of July instant to search for one Armiger and coming to Widow Hays â—oâ—â—ee-house I think they call it the Widow told me there was no man in the House I went down the street and came back again and one said he saw a man go into the Gardenâ— says he do you stay here and I will go and see he saw this Genâ—leman says he what is your name he said Johnson I asked him and he said Iohnson I told him we must have an accompt of him Some said they did not know him We weat to the Half Mâ—on Taverâ— in Alderseate-street he sent for other men they said they did know him but they coâ—â—â— say nothing in his behalf Sir G. Jeff. Is that the man Johnson Richardson That is the man that said his name was Johnson L. C. J. Look you now Mr. Rouse this is your time to speak for your self What have you to say to this that is charged upon you you hear the first Witness does say That you would have ingaged him in a design of raising of men and you told him you designed to surprize the Tower and to that purpose he surveyed it with you and you told him what your design was you met Mr. Goodenough about it was to raise â— en Goodenough was for Killing the King you it seems at first was but for securing the King and making him do what you pleased but afterwards it was come to an higher matter and then you had found out a way to ingage some Captains to seize the Tower and others were to seize White-Hall both were to be done at once What say you to this here are three Witnesses that testify very strongly against you and the device you had to get men to Black-Heath to secure the Tower Rouse My Lord I stand here for my Life it never entred into my heart nor came out of my mouth but he came to me several times about it and I opposed it At last he dogg'd me so often that he gave me occasion to ask him the meaning of it The first place I saw him in was the Kings-Head as he saith truly in Swithins Alley There were several persons as they met there every day upon their private occasions that is true He asked me a strange question that was the first time I heard of it whether I was willing to oppose a Foreign Invasion that was like to be made speedily and whether I would ingage in the Defence of it And this he did Two or Three times afterwards To which I repâ—yed Sir I and every honest man are bound as we are Subjects and have taken the Oaths of Supremacy and Allegiance to ingage in such a thing you put me upon that was to ingage against a foreign Invasion The next time he asâ—ed me how far I would assist if such a thing should fall out as a foreign Invasion I wondered to hear it so often repeated I answered I never had but one Sword for several years though I have had occasion for many in other Countries but I make no question but by the assistance of my friends to Raise an Hundred Arms that was my very expression But withal I demanded what he meant by Invasion and that I insisted upon several times for says I I know of none and I hope there is none liâ—e to be I took an accompt of this in Characters and have acquainted his Majesty and the Council with it He replyed to me says he I wonder you are a stranger to such a thing 'T is true says he that is the word goes up and down but says he there is another kind of Invasion meant by some men I asked him what other Invasion do you mean he answered presently don't you know are you a stranger in England In Israel says he there is an Invasion upon our rights and liberties and all we have Whereupon I was a little startled This was at the Kings-Head Tavern Another time I desired him to explain his meaning being a stranger to it when I expâ—essed my readiness to serve the King upon such an occasion in those words they that know me know that I am not in the capacity of raising an Hundred Arms but I intended it as God knows in opposition to a Foreign Invasion But I thank God I took Characters day by day and with a resolution day by day to discover it but he has got the start of me for fear I would swear against him He insisted still upon it that our Rights and liberties were Invaded and that was the Invasion all along intended and that was the way to hook in persons only upon that pretence of a Foreign Invasion I asked him in what manner he meant Invasion says he what with their Doctrines on one hand and oppression on the other they lye so heavy that we can't bear it no longer Says I what do you mean by this what course do you think of what can you propound to your self to extricate your self out of these troubles you so much complain of To which he answered you are a stranger to what is a foot and hath been a foot a great while Do you not know the persons that are ingaged in the design I was a little inquisitive to know what was meant by the persons No says I positively I know not what you mean I am a perfect stranger to these persons and this design and I wished him and all others as they were men and Christians that they would take care of opposing the Government they lived under that was my very words Says he that we have considered very well and how to secure the two things and says he you shall see we will do it dexterously without shedding a drop of blood nay says he not the blood of the Duke of York though he be the veriest dog in England I desired him to explain himself he answered The mischief of it is we can't agree among our selves for it was Vs and We at every word so I concluded he was of the Cabal and Clubb that met together on this design that hath come before your Lordship and I am pretty confident there was such a