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 the 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 Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
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
last meeting before the Discovery that you were at Mr. Bourne The Saturday before the Discovery we met at Captain Traceys and that evening we haâ— some intimation that there was a Discovery made And I went again on Munday Morning Mr. Att. Gen. Who was there Mr. Bourne Captain Walcott Mr. Ferguson Mr. Goodenough Mr. West Mr. Norton and my self one Captain Pottle came in but he did nor stay Mr. Att. Gen. Collonel Rumsey was there to was not he Mr. Bourne Yes Sir L. C. J. And what did you resolve upon then Mr. Bourne Truly they resolved upon nothing I left them upon the debate of killing Mr. Keeling Mr. Att Gen. Why would they kill him was that debated among them Mr. Bourne Yes because he had made the Discovery Mr. Att. Gen. Did you hear them talk of standing to it with Swords in their hands Mr. Bourne Yes rather than be hang'd they thought that was the better way and to have Keeling dispatched out of the world L. C. J. Look you Sir did any of them talk of securing themselves Mr. Bourne The next morning I went again and they were all gone but Mr. West they had all secured themselves L. C. J. Was the Prisoner at the Bar there at that time when they consulted about killing Mr. Keeling Was he there at that meeting on Munday morning Mr. Bourne He was there at Captain Traceys he was there I think all the while while I was there for I was not there all the time L. C. J. To Walcott Now Sir what Question would you have Cap. Walcott My Lord if you please I would ask whether he ever heard me say any thing more or less of assassinating the King L. C. J. In the first place did you hear any thing in general of assassinating the King Mr. Bourne I did hear of it my Lord when the thing was over And as to his question I did never hear him discourse of that matter I understood the design was prevented L. C. J. Who did you understand that from Mr. Bourne From one Mr. Row and Mr. Ferguson Mr. Att. Gen. Pray in all your meetings was there no discourse of killing the King and the Duke Mr. Bourne Very little Mr. S. Jeffreys The discourse was about securing the King while Walcot was there Mr. Bourne There was such discourse in several meetings It was said it would be well if they were off and the discourse was about Lopping Mr. Att. Gen. Pray tell my Lord What discourse you had of Lopping and the general Point Mr. Bourne They said there was no way like Lopping them Mr. Att. Gen. What was understood by that Mr. Bourne The taking off the King and the Duke of York L. C. J. Was that the usual Phrase among you to signifie that Mr. Bourne Yes my Lord. L. C. J. Was he there Mr. Bourne I have heard it several times and I suppose he was there at the hearing of it L. C. J. To Walcott Look you Sir he speaks of the time of discourse of securing the King and says you were there then Capt. Walcott I had no hand in it Mr. Att. Gen. We will nail it home upon you we will call Mr. West Who was sworn Mr. S. Jeffreys Come Mr. West do you tell my Lord and the Jury the whole Story Mr. West My Lord I came acquainted with the Prisoner at the Bar last Summer Vacation by the knowledge of one Wilcocks who I suppose return'd his mony out of Ireland I heard a very fair Character of him and he I suppose met with such an one of me which did incline us both to an Intimacy and to talk freely with one another About the middle of October I observ'd a general Discontent in the City and was afraid there was some Design in hand and was very inquisitive to know it I was unwilling to be involved and surprized into a sudden Ruine and so thought fit to inquire of them that were most likely to be concerned I took Capt. Walcott for one being inform'd that my Lord Shaftsbury had sent for him out of Ireland and Capt. Walcott told me that my Lord was also sending for some Scottish Gentlemen on occasion of Carolina but that he was very cool in Carolina business and that that was but a Pretence My Lord one morning Capt. Walcott came to my Chamber and we discours't concerning the Election of Sheriffs carried on in the City contrary as we thought to the Justice of it Says he Will the People do nothing to secure themselves With that he told me a Secret and said there was a Design of an Insurrection to be made within three Weeks or a Month that would make us free or worse I told him I thought it was a certain way to bring us into a worse condition and that it was very full of hazards He told me then he did not know whether he should be concerned But a little while after he told me my Lord Shaftsbury was engag'd in such a Design and he had engag'd him in it and he told me he had an expectation of being a Colonel of Horse and ask'd me If I would have any Command under him I told him I knew some Gentlemen of the Temple that I might engage in it but I told him I had not a Constitution to bear the Toils of War My Lord he told me then That my Lord Shaftsbury to the best of my remembrance had another Design upon the King and the Duke as they came from Newmarket in October last but he told me he abhorr'd any such thing it was ungenerous and he would not be concern'd in it but only in a general Insurrection But this he did tell me I think before the thing was to be executed I imparted it to no Body till after the time of both was past But in the discourse of the Insurrection he told me I should lend him a Suit of Silk Armour which I bought about 4 or 5 years ago when the Popish Plot broke out and he would have had me kept that and used it my self which I did decline Then he told me he had very good Swords in Ireland but he wanted them here Says he I am a man that am observed because I have a Correspondence with my Lord Shaftsbury and asked me If I would provide him a good stiff Tuck I told him I would and I did bespeak one but before it was done the Design was laid aside and the Tuck was left upon my hands I came to understand that the Design was put off by means of Mr. Trenchard who had discours't about a Fortnight before of great Forces he could raise in the West and the Duke of Monmouth sent for him but his heart fail'd him and he could not raise any men upon which my Lord Gray calâ—â—d him Coxcomb This was about the 19 th of November Mr. Att. Gen. What time of November Mr. West The 19 th Mr. Att. Gen. But upon what day Mr. West Queen Elizabeth's days Mr.
securely and you did undertake as several Witnesses say not only Mr. West but Col Romsey and another of them Bourne I think it was That you would fight the Gaurds if you might have a considerable number of men Capt. Wal. My Lord If ever I was at Mr. Romballs house unless it was when I travelled from York by Norwich and came to London if ever I was there since then I am Guilty of all the Roguery imaginable Mr. West I never heard my Lord Mr. Romball say he was there but Col. Romsey told me so Col. Roms My Lord he bought an horse and he said he did intend to go down and indeed to the best of my remembrance he did say he was down but I am not certain but he did buy an horse that cost him I think twenty pounds L. C. Just. For that purpose Col. Romsey Yes L. C. Just. Now you hear this is a little more particular than the other Col. Romsey did say before that you did agree to go down and as he believes you did go down Col. Roms I believe Mr. West may remember he bought an horse for that purpose Mr. West I remember he bought an horse for service but I can't say it was to go down thither L. C. Just. It does import you to tell us upon what account you met so often and what was your meaning in hearing these things and consulting of them and what your raising of men was for and the Declaration written for the people to please the people when this Assassination was over Capt. Wal. The Declaration Mr. West saies was in October last Mr. West I take it to be so My Lord to the best of my remembrance there was this passage saies he I believe in a month or three weeks you will be better or worse so that I measure it by that Cap. Wal. My Lord Mr. West does tell your Lordship a very long story and sometimes he names one Gentleman and sometimes another I am very fearful the Iury will be very apt to apply all to me who was the man least concerned for I had the Gout for several weeks together and Mr. West came several times to my own Lodging to see me And for that of Assassinating the King it never entred into my thoughts more or less but here are four Gentlemen who by their own Confession are sufficiently culpable they to wipe off their own stains are resolved to Swear me out of my Life L. C. J. What made you among them Mr West I do take it upon me he was there three or four times Cap. Wal. I did not stir for three weeks or a month I came to Town on Ashwednesday and then fell ill of the Gout and that continued for divers weeks for a months time that the King was at New-Market I am confident I was not out of my Chamber unless I made a shift to scramble to Stepney and dipp'd my foot in every Well of water I came by Mr. West My Lord I do remember this passage The he was afraid he should not be able to draw on his Boot because he had the Gout Cap. Wal. I desire to know my Lord when is the time Mr. West speaks of that I gave an account of killing the King at my Lord Mayors Feast Mr. West I do not charge you positively with it but I had it from you or Mr Ferguson but I must do the Prisoner justice he said he would be no way concerned in it Mr. Att. Gen. Pray Swear Mr. Blaithwaite which was done Mr. Blaithwaite pray tell my Lord and the Iury whether Capt. Walcot owned that to be his hand A Letter being then produced from Captain Walcot to Mr. Secretary Jenkinâ— Mr. Blathwait My Lord I remember when Captain Walcot was Examined before the King he did own this to be his Hand Sir Geo. Jeff. Give it in Cl. of Cr. Honoured Sir Iuly 5 th 83. L. C. J. Who is it directed to Cl. of Cr. There is no Direction Mr. Blathw It was Directed to Mr. S. Jenkins as I find by the Minutes I then took of it L. C. J. Here is the Cover it seems Cl. of the Cr. To the Right Honourable Sir Leoline Jenkins c. Honoured Sir I Being in the Country and to my great trouble seeing my self in his Majesties Proclamation I came last Night to Town resolving to lay my self at his Majesties Feet let him do with me what he pleaseth This it the first Crime I have been Guilty of since His Majestie 's Restauration and too soon by much now If his Majesty thinks my Death will do him more good than my Life God's Will and His be done Vntil I sent your Honour this Letter my Life was in my own power but now it is in the Kings to whom I do most humbly propose That if his Majesty desires it I will Discover to him all that I know relating to England Scotland or Ireland which I suppose may be something more than the Original Discoverer was able to acquaint His Majesty with especially as to Ireland There is not any thing His Majesty shall think fit to ask me but I will answer him the Truth as pertinently and as fully as I can My intimacy with a Scotch Minister through whose Hands much of the Business went I judge occasioned my knowing very much And I do further humbly Propose That â—f His Majesty thinks it advisable I will fâ—llow those Lords and Gentlemen that are fled into Holland as if I fled thither and had made my Escape also and will acquaint the King if I can find it out what Measures they resolve of taking next I do assure His Majesty the Business is laid very broad or I am misinformed And I am sure as to that particular if my being with His Majesty and your Honour be not Discovered I shall be ten times abler to serve him than either Mr. Freeman or Mr. Carr for they will trust neither of them There 's scarce any thing done at Court but is immediately talk'd all the Town over therefore if His Majesty thinks what I have presumed to propose Advisable I do then further most humbly Propose That my waiting upon His Majesty may be some time within Night that your Honour will acquaint me the Time and Place where I may wait upon you in order to it and that it may be within Night also and that no body may be by but his Majesty and your Honour And if His Majesty pleaseth to Pardon my Offences for the Time past he shall find I will approve my self very Loyal for the future if not I Resolve to give His Majesty no further Trouble but to lie at his Mercy let him do with me what he pleaseth I purpose to spend much of this Day in Westminster-Hall at least from Two of the Clock to Four I beg your Pardon I send your Honour-this by a Porter I assure your Honour it was for no other reason but because I would not have a Third
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
Howard something upon the Point my Lord Anglesey testified and to know what answer he makes to my Lord Anglesey L. C. Baron My Lord What say you to it that you told his Father he was a discreet Man and he needed not to Fear his Ingagement in any such thing L. Howard My Lord if I took it right my Lord Angleseys Testimony did Branch it self into Two Parts one of his own Knowledg and the other by Hear-say as to what he sayd of his own knowledg when I waited upon my Lord of Bedford and endeavoured to comfort him concerning his Son I believe I sayd the words my Lord Anglesey has given an account of as near as I can remember that I looked upon his Lordship as a Man of that Honour that I hoped he might be secure that he had not Intangled himself in any thing of that Nature My Lord I can hardly be provoked to make my own defence least this Noble Lord should Suffer so willing I am to serve my Lord who knows I can't want Affection for him My Lord I do confess I did say it for your Lordship well knows under what Circumstances we were I was at that time to out-face the thing both for my self and my Party and I did not intend to come into this Place and Act this Part. God knows how it is Brought upon me and with what unwillingness I do Sustain it but my Duty to God the King and my Country requires it but I must confess I am very sorry to carry it on thus far My Lord I do confess I did say so and if I had been to Visit my Lord Pemberton I should have say'd so There is none of those that know my Lord Russell but would speak of my Lord Russell from those Topicks of Honour Modesty and Integrity his whole Life deserves it And I must confess I did frequently say there was nothing of Truth in this and I wish this may be for my Lords advantage My Lord will you spare me one thing more because that leans hard upon my Reputation and if the Jury beleive that I ought not to be beleived for I do think the Religion of an Oath is not Tyed to a Place but receives its Obligation from the appeal we therein make to God and I think if I called God and Angels to Witness to a Fals-hood I ought not to be beleived now But I will tell you as to that your Lordship knows that very Man that was Committed was Committed for a design of Murdering the King now I did lay hold on that part for I was to carry my Knife close between the Parting and the Apple and I did say that if I were an Enemy to my Lord Russell and to the Duke of Monmouth and were called to be a Witness I must have declared in the presence of God and Man that I did not beleive either of them had any design to Murder the King I have said this because I would not walk under the Character of a Person that would be Perjured at the expence of so Noble a Persons Luc and my own Soul L. Russell My Lord Clifford L. C. Just. What do you please to ask my Lord Clifford L. Russell He hath known my Conversation for many Years L. Clifford I always took my Lord to be a very Worthy Honest Man I never saw any thing in his Conversation to make me beleive otherwise L. Russell Mr. Gore Mr. Luton Gore I have been acquainted with my Lord several years and conversed much with him in all the Discourse I had with him I never heard him let any thing fall that tended in the least to any Rising or any thing like it I took him to be one of the best Sons one of the best Fathers and one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians we had I know of no Discourse concerning this matter L. Russel Mr. Spencer and Dr. Fitz Williams Mr. Spencer My Lord I have known my Lord Russel many years I have been many Months with him in his House I never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and he had Prayers constantly twice a day in his House L. C. Just. What as to the General Conversation of his Life my Lord asks you whether it hath been sober Mr. Spencer I never saw any thing but very good very Prudent and very Vertuous L. Russel What Company did you see used to come to me Mr. Spencer I never saw any but his neâ—r Relations or his own Famely I have the honour to be related to the Family Then Doctor Fitz Williams stood up L. Russel If it please you Doctor you have been at my House several times give an account of what you know of me Dr. Fitz Williams I have had the knowledg of my Lord these Fourteen Years from the time he was Married to his present Lady to whose Father Eminent for Loyalty I had a Relation by Service I have had acquaintance with him both at Stratton and Southampton Buildings and by all the Conversation I had with him I esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands charged with L.C. J. My Lord does your Lordship call any more Witnesses L. Russel No my Lord I will be very short I shall declare to your Lordship that I am one that have always had a heart sincerely Loyal and Affectionate to the King and the Government the best Government in the world I pray as sincerely for the Kings happy and long life as any man alive and for me to go about to raise a Rebellion which I looked upon as so wicked and unpracticable is unlikely Besides if I had been inclined to it by all the observation I made in the Country there was no tendency to it What some hot-headed people have done there is another thing A Rebellion can't be made now as it has been in former times we have few great Men. I was always for the Government I never desired any thing to be redressed but in a Parliamentary and Legal way I have been always against Innovations and all Irregularities whatsoever and shall be as long as I live whether it be sooner or later Gentlemen I am now in your hands eternally my Honour my Life and all and I hope the Heats and Animosities that are amongst you will not so byass you as to make you in the least inclined to find an Innocent man guilty I call to witness Heaven and Earth I never had a design against the Kings Life in my life nor never shall have I think there is nothing proved against me at all I am in your hands God direct you Mr. Sol. Gen. My Lord and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in Conspiring the Death of the King The Overt Act that is laid to prove
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
Exchange Alley and he discoursed about gâ—â—â— of these Captains Rouse Who was present Mr. Leigh We never discoursed the matter joyntly but singly with one man Mr. Rouse and Mr. Goodenough went into a Room apart above staires and discoursed this matter as I believe half an hour Rouse How do you know what discourse I had with Mr. Goodenough when you was not present Mr. Leigh Mr. Goodenough thanked me for bringing him acquainted with you L. C. J. How do you know what discourse they had Mr. Leigh I know only what Mr. Rouse told me Mr. Rouse told me that he would ingage Ten Sea-Captains that a Ball should be played and every man take his dividend L. C. J. Did he tell you he had discoursed this with Mr. Goodenough Rouse Did I tell you so Mr. Leigh Yes Sir L. C. J. You speak of several in company one Pachin and others Mr. Leigh We went from the Kings-Head Tavern for there was Company we did not like though we discoursed there but of Hay-making and getting men to help the Country people L. C. J. What did you mean by that Mr. Leigh That was to get men for this business L. C. J. What did he say the intention was of raising these men Mr. Leigh Mr. Rouse hath frequently and often acquainted me that the King had taken an Oath in France and Spain to bring in Popery and Arbitrary power in so many years and that he had not done it made the Popish Party angry but that he would do it L. C. J. Well what design was there in raising of men and seizing the Tower Mr. Leigh He told me all things must be done together The King and the Duke must be seized for that was the principal work Rouse It never entred into my heart Be pleased to ask him if he was not Arrested by one Keeling and what was the accompt of it Mr. Leigh No. Rouse I mean sword against Mr. Leigh I will give your Lord hip an account of it Mr. Goodenough Mr. Rouse Mr. Pachin and I had been at the Kings-Head Tavern a man came and told me a man had been at my house and that one swore against me and it would be dangerous to go home A while after comes one Armiger and he told me Mr. Bateman was gone one way and he another to seek for me and desired me to have a care of my self With that Mr. Rouse Mr. Goodenough and Mr. Pachin came out to me Mr. Rouse directed me to go to the Sun-Tavern at Moongate and I went Mr. Rouse Mr. Goodenough and Mr. Pachin came to me I told them I would meet my Wife but they would not let me go on by any means but sent one Mr. Thomas a Coffee man for my Wife She came and told me Mr. Goodenough had Sworn against several People or he was Sworn against I went to Mr. Rouses house where Mr. Goodenough came to me Mr. Rouse would have had Mr. Goodenough staid there all night Mr. Goodenough sent for his Wife to know if his Brother had Sworn she acquainted him he had not Sworn Mr. Rouse invited him to lie with me He shewed me behind the Bed a Window to go out into another Mans room to make my escape if any Man should come to search the house I lay there on Saturday Mr. Goodenough and Mr. Nelthrop came to me Mr. Goodenough told me he had laid at Mr. Nelthrops all night but he had seen his Brother and he had not Sworn against me I heard that Mr. Keeling had Sworn against me and did say in discourse if I did light of Keeling I would kill him Rouse I desire to ask him another Question When he was told he was Sworn against what did he say L. C. J. He tells you before hand that he said he would kill Keeling if he could meet him Rouse He says Mr. Goodenough and Mr. Nelthrop came to my house ask him if I was in the House or saw Mr Goodenough Mr. Lee. I am not positive whether he saw them together but that he saw Mr. Goodenough there the Friday night for he invited him to lie with me L. C. J. Pray what was your reason in putting Mate Lee upon the inquiring out Men to make Masters of Ships Rouse To satisfie the Gentleman because he told me there was such a design in hand to get to the bottom of that design that so his Majesty might come to no damage Pray My Lord How could I acquaint the King or any Justice of Peacâ— what he meant by it unless I understood it L. C. J. Have you any thing more to ask Or would you have any Witnesses called Rouse My Lord 't is my unhappiness I have no Witnesses Sir Geo. Jeff. He hath confessed the Treason enough L. C. J. Look you Gentlemen of the Jury You hear that this person at the Bar is indicted for High Treason in conspiring the Kings death and declaring this by over Acts that is endeavouring to raise Men here for to Seize the Tower and to make an Insurrection here and a Rebellion within the Kingdom You hear two positive Witnesses of what they have heard from him He did endeavour says Lee to bring him into it and he told him the whole design he did declare to him the manner how they intended to Seize the King and the Duke of York Mr. Goodenough was one of the persons that confederated with him one of them but several others they had They had covert Terms to disguise this by getting the Country People in their Harvest He told them of a design he had to get the Seamen a Thousand of them together to Seize the Tower and White-Hall both at a time And you hear that Mate Lee had the same discourse in substance with him of endeavouring to Seize the Tower and get Arms for to Seize the Kings Ships to raise a Thousand persons for the effecting of this All these things you have heard proved against him he gives no Answer to any of them but only tells you that in truth he did not say these things to them but they that is the first Lee said these things to him He hath no evidence at all of it You hear likewise which does agree with this case the Testimony by the other person concerning his discourse in 81. How he said the King had forfeited his Crown and had no right to it but the Parliament gave him his Authority and might take it away All these discourses they savour of a very wicked Spirit as can be in the whole World I must leave it to you whether you believe him Guilty The Jury presently gave their Verdict that he was Guilty William Blague having been Arraigned on Thursday July 12 th pleaded Not Guilty and put himself upon his Countrey was brought to the Bar again Friday July 13 th he made no Challenges and the former Jury was Sworn The JURY Robert Beddingfield John Pelling William Winbury Theophilus Man John Short the Elder
Birchin-Lane L. C. J. Well Chappel We have had the Ship a Month in our hands next Munday L. C. J. Is she fitted Chappel No she is not fitted L. C. J. Was she in a condition to have done any Serivce upon the Water Capt. Blague Carpenter do you hear what my Lord saies Chappel The Ship is a small Vessel about a Hundred and fifty Tun between that and an Hundred Capt. Blague My Lord ask you if she be in a Condition to do service L. C. J. Was she capable to do any service upon the Water Chappel No service at all upon the Water she could do three Weeks ago Mr. S. Jeff. A Ship of One hundred and fifty or Two hundred Tun would hold a great many People she was to lie still that was the mischief Chappel We haled her down to the Carpenter's Yard she is now in a condition to work L. C. J. Have you any more men Capt. Blague Dr. upon what account were you shipped Bellinger For New York England and Holland Capt. Blage. When were you Shipped Bellinger Seven Weeks ago L. C. J. When were you to begin your Voyage Bellinger I belonged to the Captain before he had a Ship L. C. J. But when did you reckon to begin your Voyage Bellinger That I cannot tell Capt. Blage. My Bill upon the Exchange doth specifie it Sir Jury Pray my Lord will you ask if he have any Guns aboard and how many L. C. J. What say you What Guns are there about the Ship Bellinger 14 Sr. and 4 Wooden ones L. C. J. What are they Bellinger 6 above Deck 4 in the Hold. Capt. Blage. They are Saker Guns L. C. J. Saker Capt. Blage. Yes Sr. Richard Clarke What Voyage had we Clarke New York L. C. J. Surely it doth appear that these men were Shipped a great while ago Capt. Blage. Some of them have had a dependance upon me a great while one hath depended upon me I believe Seven Months L. C. J. Have you any thing more to say Capt. Blage. No my Lord. L. C. J. Look you Gentlemen you that are of this Jury this Gentleman is indicted for conspiring the Death of the King and doing some Acts in order to it that is endeavouring to surprize the Tower and raising of men and preparing of Shipping and Guns and this on purpose to surprize the Tower That there was an evil Design a very wicked notorious Design of Siezing the Kings person and killing the King that is most certain you have heard it by a great many witnesses and it is a thing I think not to be doubted of by any The question is Whether this man be guilty of it and hath undertaken any thing in relation to it Look you you ought to have in such cases of high Treason as you have been told you ought to have two Witnesses against a person Here is two Witnesses produced one of them does speak very shrewdly to the case and tells you he had it from this person himself that he had spoken with Goodenough about this matter about surprizing the Tower and that he told him it was an easie thing to surprize the Tower and that he could do it that he had a Ship ready and he would undertake that 200 men should be ready with Morter-Pieces from Southwark-side to throw them and beat down the Tower so that it might have presently been down First Mr. Lee doth say that the Captain there at the Bar that he was oftentimes with Mr. Goodenough and Mr. Rouse and others who it is plain were in that Design both Rouse and Goodenough was and that he heard Goodenough say that the Captain had undertaken it and he says that the Captain had Discourse with Goodenough about it He says the Captain asked him in order to this what money could be raised and he told him there was 40000.1 and the Captain told him that was but a small matter the Seamen would eat up that and Goodenough told him there was a greater Bank in Holland that would be brought over So that this Evidence goes a great way But then Gentlemen you must consider whether you have another Evidence or not There is a person that you call Mate the Mate doth give a dark kind of an Evidence he does say here that he and the Captain had discourse about the way of taking the Tower and he believes it was in order to take the Tower but he does say when he heard it no Body was present but himself and he was of one opinion how the Tower might be taken that is by scaling Ladders and hand Granadoes and that the Captain was of another opinion whether it might not be better taken by Morter-Pieces thrown from Southwark-side but whether the Captain had any notice of this design of taking it he cannot tell or whether he had any acquaintance concerning it So that his Evidence does seem to be somewhat dark Whether this were sportive or a trial of their skill or whether it was a design to have Counsel and Advice one of another which way to take it I must leave it to you whether it was done with an intent and design for to find out the best way in order to the taking of it But if it were only a Discourse at large between them an endeavour to try their Judgments one with another and speaking their minds one with another in that case then this evidence doth not come home to make him guilty of the Plot of taking the Tower or taking away the Kings life He tells you he did speak of a Ball to be thrown up but whether he ever heard of the other design that Lee speaks of the first Lee Thomas Lee of throwing up a Ball by Seamen in order to the taking of the Tower he knows not Lee says the first Witness he does not know any thing whether this man at the Barr was ever acquainted with the Ball or not If upon what you have heard you believe that there are two Witnesses to prove this Gentleman at the Barr Guilty of this Design of Surprizing the Tower and Killing the King and taking the Tower in order to it in this manner then you ought to find him Guilty but if you have not two Witnesses that do testifie the thing then Gentlemen under two Witnesses a man cannot be Guilty After which the Jury withdrawing to consider of their Verdict in a short time returned and brought him Not Guilty Saturday 14 th July My Lord Russel was brought to the Barr. Cl. of Cr. VV Illiam Russel Esq hold up thy Hand which he did Thou hast been indicted for High Treason against our Soveraign Lord the King and thereupon hast pleaded Not Guilty and for they Tryal hast put thy self upon the Country which Country has found thee Guilty What canst thou say for thy self why Judgment of Death should not pass upon thee according to the Law L. Russel Mr. Recorder I should be very glad to hear the Indictment read Mr.
Att. Gen. No Sir that is the 17 th Mr. West Now after this I understood by Capt. Walcot that Mr. Ferguson had the management and conduct of the Assassination in October and that he likewise was acquainted with the Insurrection and was a great man in it I met with Mr. Ferguson and fell into discourse with him and he treated me as he always did with a long story of the miseries of Scotland and that the people were all in slavery and bondage and would be so here if they did not free themselves and says he there are two ways thought upon for it one is by a general Insurrection and that is gone off the other is a much more compendious way by killing the King and the Duke of York My Lord I told him I thought the first way was a very dangerous way that the people were in no sort of capacity to carry it on that the Government had the Navy and the Militia and this would at the best entail a long War He told me he thought the other was the best way and we went to a Tavern where Col. Rumsey and one Row and he and I went divers times They proposed to meet at my Chamber as a place of privacy and little observation My Lord when they came to my Chamber Mr. Ferguson proposed several ways of doing it One way was as the King and Duke had their private visits in St. Iames's where it was an easie thing for Sword-men to kill them There is one thing I have omitted and that was after the design of October had miscarried I think to the best of my remembrance Capt. Walcott told me there was another design of attaquing the King and the Duke at my Lord Mayors Feast in the Hall or in their return home in Pauls Church-yard or at Ludgate and Mr. Ferguson did likewise tell me the same thing but the King not dining there the thing was wholly disappointed Another way that he proposed was that they should do it as the King and Duke went down the River they should lie behind some small Ships within a Hoy or some such thing and so overrun their Barge and if that fail'd they should break a plank with their Blunderbusses and so sink them Another way was at the Playhouse and that was to be done in this manner there should be 40 or 50 men got into the Pitt with Pocket Blunderbusses or Hand Blunderbusses and Pistols and Swords and when the Musick struck up between the Acts they should fire upon the Box but this this they thought was hazardous and therefore they thought it better to do it as he came back and pitched upon Covent-Garden under Bedford-Garden Wall because there was a conveniency for a great many men to walk in the Piazza and there might be another parcel of men planted at Covent-Garden Church Porch and within the Rails where horses could not come and while the men within the Rails fired the men in the Piazza might ingage the Guards and they in the Church Porch to come down and secure them from escaping Mr. Sol. Gen. When was this time Mr. West I think it was before Mr. Ferguson went for Holland And my Lord there was another thing propos'd I think it was Colonel Rumsey did say He wonder'd that the Lords and great Men that were so fond of the thing did not raise a Purse and buy some Body an Office who should rail against the Duke of Monmouth and the Whigs and by that means get himself an opportunity of access to the King's person My Lord after these Discourses when my Lord Shaftsbury retir'd to Holland Mr. Ferguson thought fit to do so too He was afraid of a Book that he had printed and away he went and Capt. Walcott with him In the mean time I met Col. Rumsey several times and several things were offer'd but nothing resolv'd upon A little after Christmas we met at the Salutation-Tavern in Lumbard-street and there it was agreed we should send for Mr. Ferguson and there I writ a canting Letter that he should come over for his health for he was the only man that could manage the Affair When he came over there was one Meeting at the Five Bells but I came in just as they were coming away and cannot say what past there After that they came several times to my Chamber and there Mr. Ferguson Mr. Goodenough and Mr. Rumbold undertook to provide the men L. C. J. The Men for what Mr. West The Men for the Assassination That I was not concern'd in either in Person or Purse or to procure any Body for it And they did agree to do it in the going to or from Newmarket and thereupon were several Debates Whether it should be done at their Going or Coming Back Against doing it Going Down it was objected That the Guards were left here and there and they went together but very often they return apart and therefore it was not the safest way Going Down and nothing also being prepar'd so it was resolv'd to be done Coming Back Then it was consider'd what Arms should be provided Mr. Rumbold was the Man to manage that matter and was to procure some Blunderbusses some Carbines and some Pistolls but there was nothing to be prepar'd as I know of by other persons but every Man was to provide himself Several Meetings there were they brought their Notes and conferr'd together about the Men but I remember no Names but Keeling and Burton And Mr. Goodenough said he had spoke to one Hone a Joyner and I think he spake of one Manning and these are all the Names I can remember After they had conferr'd their Notes I ask'd Mr. Ferguson What provisions of Mony he had made Says he I shall have Mony when the Men are provided but not till then For said he the last time there was some Mony rais'd and put into a Man's hand who never returned it but since I understand it was paid to Mr. Goodenough And Mr. Ferguson said Mr. Goodenough call'd him Fool for returning some Mony he had and not keeping it for his own use and my Lord Shaftsbury had often complain'd of that Injustice done him The Colonel said Mr. Charlton should pay the Mony There was a further Debate How these Arms should be got down to Mr. Rumbolds It was proposed to send them down by Smithfield Carts in Chests Others to send them down by trusty Watermen who were to cover them with Oysters Others that the Men should carry them but no Resolution taken Then it was consider'd how they should get off The next thing was how they should execute this and it was propos'd That one Party was to fall upon the Coach-Horses a second upon the Coach a third upon the Guards Captain Walcott would not undertake any thing but the Guards Capt. Walcott What do you say Sir Mr. West Sir I do say you were at my Chamber and did say you were to command that Party of Horse that were
to attaque the Guards It was to be done at Rumbold's House they were to lie there Pardue till the King just came down upon them Mr. S. Jeffreys At the time of the Assassination Mr. West Yes Sir Mr. Att Gen. Where were these Arms to be carried Mr. West To Rumbold's House I did not see it But he said he could keep them all private where no Body could see them till the time of the Execution And that there was a Gate they were to pass through that he could shut upon the Horse-Guards that they should not be able to come in for their Relief Mr. Rumbold said he would bring them off and said he thought it dangerous for them to go the Road-way but he would bring them over the Meadows and come in by Hackney Marsh But the way which the Prisoner did most approve of was That they should retire within his Wall there keep till Night being a Place they could defend against any Force for a days time Mr. Att. Gen. Where was this Resolution taken Mr. West This Resolution was taken at my Chamber My Lord As to the Attempt when they design'd to make it upon the King 's coming from the Play-house one Mr. Row said he had discours'd with one Gibbons that was the Duke of Monmouth's Servant about it and ask'd him If any of their Family knew of it Yes says he they all know of it but they will not be seâ—n in 't and said that he shew'd him the place My Lord in one of the Discourses I had before Mr. Ferguson went for Holland I had a mind to be rid of the thing but I did not know how so I created difficulties and said I suppose the Duke of Monmouth is to get most by it what Security will you have you shall not be hang'd when the thing is done He is bound said I in Honour to hang us all and make Inquisition for this Blood otherwise they will say he is a Party Says he What if I get it under his Hand But said I engage his Servants and that will stick upon him There is one thing I have omitted which was in the first Discourse with Capt. Walcott about the Insurrectiâ—n of November he told me that my Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection and he ask'd me If I would undertake to do one too For says he I would have several People draw it to pick one good one out of all And he told me he had made some Collections towards it and shew'd me a Paper which was a Collection of all the Passages in the Three Kings Reigns K. Iames Charles I. and this Kings that he call'd Attempts to introduce Arbitrary Government and Popery and concluded taxing them with some personal Vices and that the Government was dissolved and they were free to settle another Government These I perceiv'd were the Topicks my Lord Shaftsbury laid weight upon I told him that this did require an exact knowledge of the History of those Times and I would not undertake a thing to which I was not competent and so he desir'd me to burn the Paper which I did But for any other Declaration my Lord Shaftsbury kept his Paper to himself and I never did see it though I desir'd it Mr. S. Jeffreys Can you remember in whose Name the Declaration was to run Mr. West No I do not remember that Mr. Att. Gen. After the Disappointment what Meetings had you Mr. West Sir I will tell you when the News of the Fire came they adjourned to my Chamber and there considered what they should do they were in no readiness nor had any Horses Nay I believe the thing could not have been Effected if the Fire had not happened and I was very glad it could not but for that I am in the Charity of the Court They did endeavour to put things in a posture to see if it could be done another day I think they met on Thursday Night and Friday Night but they said the King would be at home the next day and the thing was laid aside My Lord A day I think or two after I went into the City and went to the Dolphin Tavern where I met with Colonel Rumsey and this Mr. Keeling came in he was there talking of Blunderbusses and Pistols in down-right English I told him it was a foolish thing to talk so before Drawers and that was the occasion of calling them by the Names of Swan-quills Goose quills and Crow-quills After this thing we met the next Week not at my Chamber Col. Rumsey was mistaken in that but at the George and Vulture There was Captain Walcot Mr. Goodenough Mr. Ferguson one Norton and one Ayliff They discours'd of the late Disappointment and that one reason was they had not Arms in readiness Then they agreed That Arms should be bought and the Number was Ten Blunderbusses that should be twenty or two and twenty inches in the Barrel Thirty Carbines eighteen inches And Thirty Cases of Pistols to be Fourteen inches My Lord It was put upon me to provide them for this reason because I was serviceable to them no other way and could have a pretence for buying them because I had a Plantation in America but Mr. Ferguson was to pay the Money My Lord I did bespeak the Arms and paid for them with my own Money and was not paid again a great while Mr. Ferguson disappointed me but at last told me if I would send to Major Wildman he would pay me But he told me before that one Mr. Charlton when he came to Town would pay me but I had none of him So I told him I bought those Arms upon a pretence I intended to use them and had spoke to a Sea-Captain to carry them off to a Plantation where I had a Concern my self After that Mr. Ferguson sent to me to take my Money so I came to him and found with him Mr. Charlton and another Gentleman whom I could not distinguish because it was duskish Mr. Charlton went down and then says Mr. Ferguson I have your Money for you and he paid me in Fourscore and thirteen Guinneys which was something more than the Arms cost and said he had not the Mony above half an hour in his hands by which I did guess it was Mr. Charlton's Money Another thing was at last meeting with Mr. Ferguson he did say There was a Man imployed to see what conveniency there would be for an Assassination between Windsor and Hamptâ—n-Court but that was never reported and so laid aside That is all I can say concerning the Assâ—ssination but I believe they did intend to carry it on for Coll. Rumsâ—y did tell me He saw the Hearts of all the Great Men were upon it and it would be convenient to have an Army to back it But in case this Assassination had gone on these things were to be done It was Design'd the Lord Mayor and the Sheriffs
At this Council there was this honourable Person at the Bar the Duke of Monmouth my Lord Howard and another honourable Person who I am sorry to name upon this account who hath this morning prevented the hand of Justice upon himself my Lord of Essex and Collonel Sidney and Mr. Hambden These six had their frequent Consults at this Honourable Persons House for they had Excluded Sir Thomas Armstrong and my Lord Gray for these Gentlemen would have the Face of Religion and my Lord Gray was in their esteem so scandalous that they thought that would not prevail with the people if he was of the Council There they debated how they should make this Rising after several Consultations they came to this Resolution That before they did fall upon this Rising they should have an exact accompt both of the time and method of the Scotch Rising and thereupon a Messenger was sent on purpose by Collonel Sidney viz. Aaron Smith to invite Scotch Commissioners to treat with these Noble Lords Pursuant to this jâ—â—â— before the Plot brake out several from Scotland came to treat with them how to 〈◊〉 work 30000 l. was demanded by the Scots in order that they should be read◠〈◊〉 Scotland then they fell to 10000 and at last for the Scots love Money they fell to 5000 which they would take and run all hazards but they not coming to their Terms that broke off that Week the Plot was discovered Gentlemen if we prove all these Instances besides we shall call some to shew you that all the inferior Party still looked upon these to be the Heads and tho' they kept it secret God hath suffered it to come to light with as plain an Evidence as ever was heard Sir Geo. Jeff. I will not take up any of your Lordships time we will call our Witnesses to prove the Fact Mr. Attorney hath opened Swear Collonel Romsey which was done Pray Collonel Romsey will you give my Lord and the Jury an Accompt from the beginning to the end of the several Meetings that were and what was the Debates of those Meetings Col. Romsey My Lord I was at my Lord Shaftbury's Lodging where he lay down by Wapping about the latter end of October or the beginning of Novemb. and he told me there was met at one Mr. Sheppards house the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong Mr. Ferguson And he desired me to speak to them to know what resolution they were come to about the Rising of Taunton I did go there accordingly and call for Mr. Sheppard and he carried me up where they were and the Answer that was there made me was That Mr. Trenchard had failed them and there would be no more done in the matter at that time Mr. Att. Gen. Tell the whole passage Col. Romsey I did say my Lord Shaftsbury had sent me to know what resolution they had taken about the rising of Taunton They made me this answer That Mr. Trenchard hâ—d failed them that he had promised 1000 Foot and 300 Horse but when he came to Perform it he could not He thought the people would not meddle unless they had some time to make provision for their Families L. Ch. Just. Who had you this Message from Col. Romsey Mr. Ferguson did speak most of it L. Ch. Just. Who sent this Message back Col. Romsey Mr. Ferguson made the Answer my Lord Russel and the Duke of Monmouth were present and I think my Lord Gray did say something to the same purpose Mr. Att. Gen. Pray how often were you with them at that house Col. Romsey I do not know I was there more than once I was there either another time or else I heard Mr. Ferguson make a Report of another Meeting to my Lord Shaftesbury Sir Geo. Jeff. Was my Lord Russel in the Room when this Debate was Col. Romsey Yes my Lord. Mr. Att. Gen. What did they say further Col. Romsey That was all at that time that I remember Mr. Att. Gen. Was there nothing of my Lord Shaftesbury to be contented Col. Romsey Yes that my Lord Shaftesbury must be contented and upon that he took his resolution to be gone L. Ch. Just. Did you hear any such Resolution from him Col. Romsey Yes my Lord. Mr. Att. Gen. Did you know of their meeting there or was it by my Lord Shaftesbury's direction Col. Romsey No but my Lord told me I should find such Persons and accordingly I found them and this Answer was given Mr. Att. Gen. What time did you stay Col. Romsey I think I was not there above a quarter of an Hour Mr. Att. Gen. Was there any Discourse happened while you were there about a Declaration Col. Romsey I am not certain whether I did hear something about a Declaration there or that Mr. Ferguson did Report it to my L. Shaftesbury that they had debated it Sir Geo. Jeff. To what purpose was the Declaration L. Ch. Just. We must do the Prisoner that Right He sayes he can't tell whether he had it from him or Mr. Ferguson Mr. Att. Gen. Did you hear no Discourse to what it tended Col. Romsey My Lord There was some Discourse about seeing what Posture the Guards were in One of the Jury By whom Sir Col. Romsey By all the Company that was there L.C.J. What was that Discourse Col. Romsey To see what Posture they were in that 〈◊〉 might know how to surprize them L. Ch. Just. The Guards Col. Romsey Yes that were at the Savoy and the Mews L. Ch. Just. Whose were the words Tell the words as near as you can Col. Romsey My Lord the Discourse was that some should L. Ch. Just. Who made that Discourse Col. Romsey My Lord I think Sir Tho. Armstrong began it and Mr. Ferguson Mr. Att. Gen. Was it discoursed among all the Company Col. Romsey All the Company did debate it Afterwards they thought it necessary to see with what care and vigilance they did Guard themselves at the Savoy and the Mews whether they might be surprized or not Mr. Att. Gen. Was there any undertook to go and see there Col. Romsey There were some Persons Sir Geo. Jeff. Name them Col. Romsey I think the Duke of Monmouth my Lord Gray and Sir Tho. Armstrong Sir Geo. Jeff. Was my Lord Russell the Prisoner there when they undertook to take the view Col. Romsey Yes Sir Mr. Att. Gen. To what purpose was the view Col. Romsey To surprize them if the Rising had gone on Sir George Jeff. Did you observe by the Debates that happened that they did take Notice there was a Rising intended Col. Romsey Yes Sir Geo. Jeff. And that Direction was given to take a view of the Guards if the Rising had gone on Col. Romsey Yes L. Ch. Just. Pray Sir declare justly the discourse Col. Romsey I went to them from my Lord Shaftesbury And I did tell them That my Lord did pray they would come to some Resolution they told me Mr.
very kindly and I writ a Letter to him to let him know how I had sofâ—ned my Lord and that it was my desire he should speak with my Lord at Oxon. My Lord Feversham gave me a very kind Account when he came again but he told me L. C. Just. Pray apply your self to the matter you are called for Mr. Howard This it may be is to the matter when you have heard me for I think I know where I am and what I am to say L. C. Just. We must desire you not to go on thus Mr. Howard I must satisfie the World as well as I can as to my Self and my Family and pray do not interrupt me After this my Lord there never passed a Day for almost L. C. Just. Pray speak to this matter Mr. Howard Sir I am coming to it L. C. Just. Pray Sir he directed by the Court. Mr. Howard Then now Sir I will come to the Thing Upon this ground I had of my Lords kindness I applied my self to my Lord in this present Issue on the breaking out of this Plot. My Lord I thought certainly as hear as I could discern him for he took it upon his Honor his Faith and as much as if he had taken an Oath before a Magistrate that he knew nothing of any Man concerned in this Business and particularly of my Lord Russell whom he vindicated with all the Honour in the World My Lord it is true was afraid of his own Person and as a Friend and a Relation I Concealed him in my House and I did not think it was for such a Conspiracy but I thought he was unwilling to go to the Tower for nothing again So that if my Lord Howard has the same Soul on Monday that he had a Sunday this can't be true that he Swears against my Lord Russell This I say upon my Reputation and Honour and something I could say more he added he thought my Lord Russell did not only unjustly Suffer but he took God and Men to Witnesse He thought him the worthyest Person in the World I am very sorry to hear any Man of my Name should be Guilty of these Things L. Russell Call Dr. Burnet Pray Dr. Burnet did you hear any thing from my Lord Howard since the Plot was discovered concerning me Dr. Burnet My Lord Howard was with me the Night after the Plot broke out and he did then as he had done before with Hands and Eyes lifted up to Heaven say he knew nothing of any Plot nor believed any and treated it with great Scorn and Contempt L. Howard My Lord may I speak for my self Sir G. Jeff. No no my Lord we don't call you L. C. Just. Will you please to have any other Witnesses called L. Russel There are some Persons of Quality that I have been very well accquainted and conversed with I desire to know of them if there was any thing in my former Carriage to make them think me like to be Guilty of this My Lord Cavendish L. Cavendish I had the Honour to be acquainted with my Lord Russell a long time I always thought him a Man of great Honour and too Prudent and Wary a Man to be concerned in so Vile and Desperate a design as this and from which he would receive so little advantage I can say nothing more but that Two or Three days since the Discovery of this Plot upon discourse about Col. Rumsey my Lord Russell did express something as if he had a very ill Opinion of the Man and therefore it is not likely he would intrust him with such a Secret L. Russell Dr. Tillotson He appears L. C. Just. VVhat Questions would you ask him my Lord L. Russell He and I happened to be very conversant To know whether he did ever find any thing tending to this in my discourse L. C. Just. My Lord calls you as to his Life and Conversation and Reputation Dr Tillotson My Lord I have been many Years last past acquainted with my Lord Russell I always Judged him a Person of great Vertue and Integrity and by all the Conversation and Discourse I ever had with him I always took him to be a Person very far from any such wicked Design he stands Charged with L. Russell Dr. Burnet If you please to give some account of my Conversation Dr. Burnet My Lord I have had the Honour to be known to my Lord Russell several Years and he hath declared himself with much Confidence to me and he always upon all occasions expressed himself against all Risings and when he spoke of some People that would provose to it he expressed himself so determined against that matter I think no Man could do more L. C. Just. VVill your Lordship call any other VVitnesses L. Russell Dr. Cox Dr. Thomas Cox stood up Dr. Cox My Lord I did not expect to have been spoken to upon this Account Having been very much with my Lord of late that is for a Month or Six Weeks before this Plot came out I have had occasion to speak with my Lord in private about these Publick Matters But I have always found that my Lord was against all kind of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary way I have had occasion often to speak with my Lord Russell in private and having my self been against all kind of Risings or any thing that tended to the disorder of the Publick I have heard him profess Solemnly he thought it would Ruin the best Cause in the World to take any of these irregular ways for the preserving of it and particularly my Lord hath expressed himself occasionally of these two Persons my Lord Howard and Col. Rumsey One of them Col. Rumsey I saw once at my Lords House and he offered to speak a little privatly But my Lord told me he knew him but a little I told him he was a Valiant Man and acted his Part Valiantly in Portugal He say'd he knew him little and that he had nothing to do with him but in my Lord Shaftsburys business He say'd for my Lord Howard he was a Man of excellent Parts of Luxuriant Parts but he had the luck not to be much trusted by any Party And I never heard him say one word of Indecency or Immodestly towards the King L. Russell I would pray the Duke of Somerset to speak what he knows of me D. of Som. I have known my Lord Russell for about Two Years and have had much Conversation with him and been often in his Company and never heard any thing from him but what was very Honourable Loyal and Just. L. C. Just. My Lord does say that he has known my Lord Russell for about Two Years and hath had much Conversation with him and been much in his Company and never heard any thing from him but what was Honourable and Loyal and Just in his Life Foreman of the Jury The Gent. of the Jury desire to ask my Lord
consider but to see that the fact be fully proved and I see nothing that hath been sald by my Lord Russel that does invalidate our Evidence He hath produced several Witnesses persons of Honour my Lord Anglesey he tells you of a discourse my Lord Howard had with my Lord of Bedford That he told my Lord of Bedford that he needed not to fear for he had a wise and understanding Son and could not think he should be guilty of any such thing as was laid to his charge This is brought to invalidate my Lord Howard's testimony Gentlemen do but observe My Lord Howard was as deep in as any of them and was not then discovered is it likely that my Lord Howard that lay hid should discover to my Lord of Bedford that there was a Conspiracy to raise Arms and that he was in it This would have been an aspertion upon my Lord of Bedford that any such thing should have been said Mr. Edward Howard is the next and he proves That my Lord Howard used solemn protestations that he knew nothing of this Conspiracy I did observe that worthy Gentleman in the beginning of his discourse for it was pretty long said first that he had been several times tempting my Lord Howard to come over and be serviceable to the King and if he knew any thing that he would come and confess it Why Gentlemen Mr. Howard that had come to him upon these Errands formerly and had thought he had gained him I conceive you do not wonder if my Lord Howard did not reveal himself to him who presently would have discovered it for for that Errand he came But if my Lord had had a design to have come in and saved his Life he would have made his submission voluntarily and made his Discovery But my Lord tells nothing till he is pinched in his Conscience and confounded with the guilt being then in custody and then he tells the whole truth that which you have heard this day Gentlemen this hath been all that hath been objected against the Witnesses except what is said by Dr. Burnet and he says that my Lord Howard declared to him that he believed there was no Plot and laughed at it Why Gentlemen the Dr. would take it ill to be thought a person fit to be intrusted with the discovery of this therefore what he said to him signifies nothing for 't is no more than this that he did not discover it to the Dr. But the last Objection which I see there has been a great many persons of Honour and Quality called to is That 't is not likely my Lord Russel should be guilty of any thing of this kind being a man of that Honour Vertue and so little blameable in his whole Conversation I do confess Gentlemen this is a thing that hath weight in it But consider on the other hand my Lord Russel is but a man and hath his Humane frailties about him Men fall by several temptations some out of revenge some by malice fall into such offences as these are my Lord Russel is not of that temper and therefore may be these are not the ingredients here But Gentlemen there is another great and dangâ—â—ous temptation that attends people in his circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This hath been a dangerous temptation to many and many persons of Vertue have fallen into it and 't is the only way to tempt persons of Vertue and the Devil knew it for he that tempted the Patern of Vertue shew'd him all the Kingdoms of the world and said All these will I give thee if thou wilt fall down and worship me Though he be a person of Vertue yet it does not follow but his Vertue may have some weak part in him And I am afraid these temptations have prâ—vailed upon my Lord. For I cannot give my self any colour of objection to disbelieve all these Witnesses who give in their testimony I see no contradiction no correspondence no contrivance at all between them You have plain Oaths before you and I hope you will consider the weight of them and the great consequence that did attend this case the oâ—â—â—throw of the best Government in the world and the best and most unspotted Religion which must needs have suffered the greatest Liberty and the greatest Security for Property that ever was in any Nation bounded every way by the rules of Law and those kept Sacred I hope you will consider the weight of this Evidence and consider the consequences such a Conspiracy if it had taken effect might have had And so I leave it to your consideration upon the Evidence you have heard Sir Geo. Jefferies My Lord and you Gentlemen of the Jury this Cause hath detained your Lordship a long time by reason of so many Witnesses being called and the length of the defence made by the Prisoner at the Bar and if it had not been for the length I would not have injured your patience by saying any thing Mr. Sollicitor having taken so much pains in it It is a duty incumbent upon me under the circumstances I now stand to see if any thing hath been omitted that hath not been observed to you and I shall detain you with very few words Gentlemen you must give me leave to tell you 't is a Case of great consequence of great consequence to that Noble Person that now is at the Bar as well as to the King for it is not desired by the King nor by his Counsel to have you influenced in this matter by any thing but by the truth and what Evidence you have received You are not to be moved by compassion or pity the Oath you have taken is to go according to your Evidence and you are not to be moved by any insinuations that are offered by us for the King nor by any insinuations by the Prisoner at the Bar but the truth according to the Testimony given must be your Guide How far the Law will affect this Question that we are not to apply to you for for that we are to apply our selves to the Court they are the Judges in point of Law who will take so much care in their directions to you that you may be veâ—y well satisfied you will not easily be led into errour For the instances that have been puâ— I could put several others But I will take notice onely of one thing that that Noble Person at the Bar seems to object Gentlemen it is not necessary there should be two Witnesses to the self-same Fact at the self-same time but if there be two Witnesses tending to the self-same Fact though it was at several times and upon several occasions they will be in point of Law two Witnesses which are necessary to convict a man for High-Treason Gentlemen I make no doubt this thing is known to you all not onely by the Judgment of all the Judges in England
But that we must tell some people there was like to be a Foraign Invasion and ask them what readiness they were in and if we found they were like to be compliant in that then we might discourse with them about the other matter I discoursed with several men about this affair and he told me the Lord Mayor and Aldermen were to be killed immediately especially the present Lord Mayor Sir Iohn Moor and their houses plundred and there would be Riches enough and that would help to maintain the Army and we went on further in this discourse Then I acquainted Mr. Rouse with this business but he knew of it before and he did tell me he could provide Arms for an Hundred men and said nothing was to be done unless the King was seized saying we remember since Forty One the King went and set up his standard Therefore says he we will seize them that they shall not set up their Standard But says he I am for seizing them but not for shedding their blood Mr. Rouse went off with that discourse says he I must speak with Mr. Goodenough and some of those that are principally concerned Mr. Rouse acquainted me that it was a very convenient thing to have a Ball played upon Black-Heath and to that end we must speak to some Sea Captains and says he I will ingage Ten and they shall manage that affair and he that wins the Ball take it But when they have so done every Captain shall take his Party and tell them they have other work and then go with long Boats and Arms and seize the Tower I acquainted Mr. Goodenough with this and Mr. Goodenough asked me the charge of the Golden Ball Mr. Rouse had told me it would be Ten or a Dozen Pounds Mr. Goodenough said if it was Forty Pound he would be at the charge of it all Several such discourses Mr. Rouse hath in my hearing spoke to several men at the Kings-Head Tavern I understood I was Sworn against I heard of it at the Kings Head Tavern in his Company and Mr. Goodenough's Mr. Rouse directed me to go to the Sun Tavern near Moorgate and he would come to me and there Mr. Rouse and Mr. Goodenough came to me and Mr. Rouse told me I should ly at his house Mr. Rouse cut off my hair and went to Mr. Bateman's and fetched me a Perriwigg Mr. Rouse and I went several times to view the Tower and took Mate Lee along with us So Mate Lee directed us to Traitors-Bridge and he said that was an easy place and he would undertake to do it with an Hundred men so they had but hand Granadoes We had some time before that appointed to meet at Wapping to speak with the Sea-Captains Mr. Rouse met the first day in order to this business at the Amsterdam Coffee house and there Mr. Rouse met with two Sea-Captains as he told me that were to officiate in this business and the Two Captains he took to the Angel and Crown in Threadneedle-street A small time after about an hour and a half or thereabouts Mr. Rouse came I am not positive whether Mr. Goodenough were there or no and told me he had spoke to both the Sea-Captains and they were willing but one was going to New Iersy and therefore the work must be done before he went or he could not assist another time he appointed Mate Lee to meet at the Anchor in Wapping I did speak to Mr. Goodenough but he did not meet us so that we could not go down that day but Mr. Rouse always undertook that business to get Ten Sea-Captains and get Armes for an Hundred men After I was Sworn against and went to Mr. Rouse's house the next day Mr. Nelthrop and Mr. Goodenough came to me to Mr. Rouse's says Mr. Rouse be not discouraged let the business go on I was directed by Mr. Nelthrop and Mr. Goodenough when ever I was taken into Custody I should deny all and it could not touch my life I thank him for his kindness I lay well and eat well at his house my Lord but however I will tell the truth We met afterwards several times and went to Captain Blage's and the rest of the Company but at different places We had an accompt that Mr. Goodenough was in the North raising men and that the Duke of Monmouth was thereabouts and that a deliverance should be wrought for all this L. C. J. About what time was this Mr. Leigh In last June The design was so laid that I was told it was to be done in a Fortnight They never agreed on a way or method of killing the King but they told me they had a Thousand Horse ready in the Country and that there was Five Hundred Horse or thereabouts ready in the Town and that the King should be killed coming from Windsor Now they were contriving how to send Arms that they might not be suspected to some private place they were to be sent in Trunks to some private house and there they were to Arm themselves in the Night and some brisk men were to go to Windsor to know when the King came and give Information and so they were to set upon him in some convenient plaâ—e and bâ—â—â— were to be taken off together the King and the Duke and Mr. Rouse said take them off and then no man can have Commission to fight for them Sir G. Jeff. He is a Polititian every inch of him Mr. Jones What did he imploy you to do Mr. Leigh I was imployed by Mr. Goodenough to make all the friends I could in this Ingagement I went into Spittle-fields and ingaged some Weavers and other people They promised me a gratuity but I never had any thing Sir G. Jeff. If Mr. Rouse has a mind to ask him any questions Rouse I will my Lord. L. C. J. Propose your questions to the Court. Rouse I ask him by the Oath he has taken whether ever I spake with him of any design against the King and Government I ask you whether you did not begin with me L. C. J. You hear his question answer it Mr. Leigh For that I answer that Mr. Rouse was the first man that ever I heard propose that the King and the Duke should be secured and there is another thing come in my mind Mr. Rouse hath been a Traveller he did presume to say and has said to me and in Company that the King was Sworn in France and Spain to bring in Popery and Arbitrary power in so many years and therefore it was no sin to take him off and he told me he had it under his own hand Rouse It was impossible my Lord. Sir G. Jeff. I do beleive it I do not believe he thought thee fit to be a Secretary L. C. J. Look you if you would have any thing asked him propose it to me Rouse What place was it I began to speak of any thing of this design Mr. Leigh The Kings-head Rouse Who was with us
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