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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43957	The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.	Turner, John, b. 1649 or 50.	1684 (1684)	Wing H2190B; Wing T3309_CANCELLED; ESTC R41849	81,748	75

whether now or when Another whether to be begun in the City or the Country or both together what Persons to be prepared in the several Countries to be assisting in it that were probable to carry it on what Money should be rais'd and that lastly it was concluded at the same Meeting That there should be a Concurrence and Correspondency with Scotland that so Diversions might be given both at home and abroad at one and the same time That about a fortnight after there was another Meeting at the The second Meeting Lord Russels where the Prisoner was also present where they came to a Resolution that some body should be sent into Scotland upon which Colonel Sidney propounded Aaron Smith which was consented to by Mr. Hambden and the rest of the Company To prove the Credibility of the Lord Howards Testimony he Aaron Smith sent into Scotland Swears the Circumstances of Aaron Smith being sent into Scotland which was Corroborated by the Inn-Keeper of Newcastle at whose House he lay and where he hir'd him a Guide to carry Aaron Smith the next way into Scotland who also knew Aaron Smith again when he saw him at the Council-Table The next Circumstance was this That the Scotch Gentlemen did come to London under pretence of a purchase in Carolina This was made out upon Oath by Sir Andrew Foster and Mr. The Evidence of Sir Andrew Foster and Mr. Atterbury Atterbury The first had seen Sir John Cockram Mr. Monro and Cambel the Son The second Swore That Sir Hugh Cambel Sir George Cambel Bayley and some others were taken in Black-Fryers and that he took the rest in a cunning Hole in Moor-Fields who were afterwards sent Prisoners into Scotland Thus the sum of the Evidence against the Prisoner was a Consultation in Order to the raising of Men to infest the Government The sum of the Evidence A Discourse concerning the raising of Money and Arms for that end the places where and the time when and the Conciliating a friendship with some discontented Persons in Scotland to joyn with the Conspirators in England To this the Prisoner by his Council Mr. Williams made Answer Mr. Williams answers for the Defendant That whereas the Lord Howard was positive and particular as to some things in reference to Persons Places and Times yet in what most effected the Defendant he was not any thing like positive as to the times of the Meeting but only that it was about the middle of January and the beginning of February And thereupon he made this Observation That since the Evidence would not be particular as to the Time it might be apprehended that he gave himself a little loose that he might not be contradicted in that Circumstance 2. That the Witness were particular as to many Facts and Things relating to the Lord Shaftsbury where he Names other particular Persons and Discourses yet he had not made use of any one Circumstance of Fact in the Case of the Defendant save only that of Aaron Smith In the next place it was urg'd That in regard there were other Witnesses before and beside the Evidence to the Discovery of the Plot it concern'd the Lord Howard to give a home Evidence in the Case or else he could have no expectation of his Pardon and that therefore he was concerned perhaps to strain that he might make such a Discovery as might answer his end which the Counsel supposed would Naturally arise out of this Case since it was something long before he got his Pardon but that now he had it After this several Persons of Quality were produced to prove the Lord Howards denyal of a Plot that he knew of none and believ'd the whole thing a Contrivance Others were call'd to prove Mr. Hambden a Person of a retired To prove the Prisoners Conversation Life addicted to his Studies free from Turbulency and medling in business and of great esteem respect and duty which he always expressed for the King and the Government This being done the Lord Chief Justice himself made a most The Lord Chief Justice summing up the Evidence elaborate R●capitulation of what had been offered in Evidence by the Kings Council and what the Council for the Prisoner had objected against it Which Objections though it were Confessed that they were Ingeniously made by Mr. Williams for the advantage of his Client yet were they all cleared by the Lord Chief Justice with that satisfaction as he went along both to the Court and all that heard him that the Jury returning within half an Hour after they withdrew from the Bar brought in the Prisoner Guilty of the Trespass and Misdemeanour whereof he was Indicted The JURY Sworn were these Sir Charles Gerard Bar. Roger Jennings Esq H●nry Hodges Esq Thomas Harriots Esq Thomas Earsby Esq William Avery Esq John Sharp Esq Charles Good Esq Samuel Rouse Esq Hugh Squire Esq Nehemiah Arnold Esq John Bifi●ld Esq Upon the 12th of February the Attorney General mov'd for Judgment upon this Conviction upon which the Prisoner being ordered to come into Court the Judgment of the Court was That a Fine of 40000 l. should be set upon him that he should be committed till he paid it and that he found Sureties for his good behaviour during Life Then Mr. Williams prayed his Bayl might be Discharg'd which was agreed he being Committed And for the High Treason it was concluded that ●he was Discharged by the Habeas Corpus Act there being no Prosecution The Charge and Defence of Lawrence Braddon and Hugh Speak who were Tryed at the Kings-Bench-Bar the Seventh of February 1683. THEY were both Charged together upon an Informamation That they Conspir'd together to make the The Charge in general People believe That whereas the Earl of Essex Murdered himself and so it was found by the Inquisition yet that Inquisition was taken unduly and irrigularly obtain'd and that they did Conspire to procure false Witnesses to make these things out There was a third thing Charg'd upon Braddon That he went about by Papers and otherwise to publish it that he was a Person employed to Prosecute the Murther of the Earl of Essex For the Information it self there was this Evidence first Mr. The ●eads of the Information Evans Swore That he had heard at the Custom-House from the Father of the Boy as though there had been a Report came to him from home at ten that Morning upon which the Earl of Essex had cut his Throat of a Razer thrown out of the Earls Window and that in the Afternoon he came to him again and told him he had examin'd the Matter farther and his Boy had confirm'd the Truth of it Farther the same Mr. Evans Swore That after this Mr. Braddon and one Hatsal came to the place where he was in Essex at what time Hatsal took out of his Pocket a Printed Copy of the Inquisition and then Mr. Evans said something about the Report he had

the Council of six the Select Council Selected by no Body to pursue the Design of the Earl of Shaftsbury Then what was it to do This was nothing by the Testimony of the Witness were he Credible he said but a few Men talking at large what might or what might not be what was like to fall out without any manner of Intention or doing any thing That they did not so much as enquire whether there were Men Arms or Ammunition That it was a War to be made by five or six Men not knowing one another nor trusting one another for which he instanc'd Dr. Cox ' Evidence at the Lord Russels Tryal Something more he said to the same purpose but concluded as to this Point that the Court was not to make any Constructive Treasons but to go according to plain proof Constructive Treaons belonging only to the Parliament as by the immediate Proviso in the Act and by several other Acts of Parliament appear'd And therefore he thought it impossible for the Jury to find the Matter for that the first Point was only prov'd by the Lord Howard who as he thought was no Body and the last concerning the Papers was only imaginary from the similitude of Hands The Prisoner having thus made his Defence the Solicitor General summ'd up the Evidence and answered all the Prisoners Objections with that Learning and Eloquence that nothing could be more convincing When he had done the Prisoner offer'd again to have spoken to the Court but it was told him that after the Kings Council had concluded the Prisoner was never admitted to say any thing more And then the Lord Chief Justice told the Jury in particular That what the Prisoner had said that was not prov'd and what the Kings Council had said of which there was no proof to make it out was not to be taken into any Consideration Then the Solicitor General desir'd one word more as well for The Solicitor Generals request to the Court in his own and Prisoners behalf his own as the Prisoners Sake That if he had said any thing that was not Law or misrepeated or misapply'd the Evidence that had been given he made it his Request to the Court to rectify those Mistakes as well in Point of Fact as in Point of Law This done the Lord Chief Justice deliver'd his Charge to the The Lord Chief Justice delivers his Charge to the Jury Jury which was so full and so clear that after he had concluded the Jury withdrawing stay'd no longer then about half an Hour in Consultation and then returning brought the Prisoner in Guilty Upon Monday November the 26th Colonel Sidney was again He is brought to receive Judgment brought up to the Bar of the Kings-Bench to receive his Sentence and being ask'd the usual Question He Pleaded first That he conceiv'd he had had no Tryal for that he was to be Tryed by his Country but he did not find his Country in the Jury that Try'd him in regard there were some of them that were not Freeholders and therefore if he had had no Tryal there could be no Judgment To which the Court reply'd That it had been the Opinion of all the Judges of England in the Case last proceeding his that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge at Common Law He then desir'd a Day and Council to argue it but it was told him It was not in the Power of the Court to do it He then desir'd the Indictment might be read again which being done he urg'd that it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law But the Court did not think it a material Objection He urg'd there was no Treason in the Papers and nothing prov'd of them to which it was answered That there was not a Line but what was Treason Next he desired that the Duke of Monmouth might be sent for and offer'd to acknowledge what ever they pleas'd if he would say there was any such thing as a Design or knew any thing of it But it was told him that was over since he had been Try'd for the Fact Upon which he put forth these words If you will He gives Offence to the Court. call it a Tryal which was ill-resented by the Court as if he went about to Arraign the Justice of the Nation Then he complain'd that the Jury were not summon'd by the Baliff but were agreed upon by the under Sheriff and others and ask'd whether that were a good Jury to which the Court made Answer That they could take notice of nothing but what was upon the Record and it appear'd that the Sheriff had made his return What he alleadg'd more was nothing but what he had urg'd The Court pronounces Judgment in his Defence upon the Point of Constructive Treason So that the Court proceeded to Judgment which was given accordingly Which Sentence being afterwards mitigated by His Majesties Grace and Favour he was upon the Day of carryed from the Tower of London to the publick Scaffold upon Col. Sidney beheaded Tower-Hill Where after a very short Preparation with little or no Ceremony he lay'd himself down and had his Head struck from his Body by the common Executioner Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech in which he was so fa● from Repenting for the Crime which he suffer'd that he rather justify'd himself by complaining of the rigour of his Tryal and broaching those very Opinions to the subversion of Monarchy which were the Subject of those Treasonable Papers for which he was in part Condemned But the Speech has been Printed and therefore there needs no Repetition of a Matter so scandalous On the other side the Lord Brandon Mr. Booth Major Wildman The Lord Brandon Mr. Trenchard and several others discharged Mr. Charleton and Mr. Trenchard and some others that were Bail'd the last Term were then fully Discharg'd THE Charge and Defence OF John Hambden Esq THE 6th of February 1683. Term. Sancti Hillar John Hambden was Tryed before the Lord Chief Justice Jefferies upon an Indictment of High Misdemeanour for contriving and practising to disturb the Kings Peace and stirring up Sedition in the Kingdom The stress of the Evidence against the Prisoner was upon the The Lord Howards Evidence The first Meeting Lord Howards single Testimony who Swore That about the middle of Janua●y in the Year 1682 3. The Council of Six of which Mr. Hambden was one met at the Prisoners House where they received from his own Lips a general hint and intimation of the ends of their Meeting which were to consult and advise one with another how to put things into a better Method and posture than formerly That the Questions were started severally while one spoke of the time when it should be

THE HISTORY OF THE Whiggish-Plot Or A brief Historical ACCOUNT OF THE Charge and Deefnce OF William Lord Russel Capt. Tho. Walcot John Rouse William Hone Captain Blague Algernoon Sidney Esq Sir Sam. Barnardiston John Hambden Esq Lawrence Braddon Hugh Speak Esq Together with an Account of the Proceedings upon the Outlawry against James Holloway and Sir Thomas Armstrong Not Omitting any one material Passage in the whole Proceeding Humbly Dedicated to his ROYAL HIGHNESS LONDON Printed by T. B. and are to be sold by Randal Taylor near STATIONERS-HALL MDCLXXXIV To the most Illustrious and Serene PRINCE James Duke of York AND ALBANY c. May it please Your Highness IT was the Design of the Author of the following Papers a Person very faithful to the Interest of the Crown to make an Humble Present of himself and them to Your Highness but being at this time under great Indisposition I was desir'd to present his Duty by Proxy and lay his Performance at Your Royal Highnesses Feet I will acknowledge to Your Highness that I am no Friend to Epitomies especially in Law where the Truth and the whole Truth is so strictly required But I look upon this to be one of the faithfullest and perfectest that ever I have seen having carefully perus'd the whole to say nothing of that Candor and Ingenuity of Temper which makes some New Discovery of it Self in every Page of the whole Work being very far from a Design of Imposing any thing False or Aggravating any thing beyond the naked Truth and abounding every where with many unquestionable Stroaks of a Courteous and Gentle Nature very fit if Honestly and Wisely managed to poyse and balance these uneven Times The irrefragable clearness of the Proof added to the Conciseness of this Author's Method will shew Your Highness at once as in a Glass the imminent Dangers the King and You have escaped and with You the Clergy the Nobility nay the Commons themselves who would most of them before this time have been Buryed in Confusion and Rolling in Blood which as in all it ought to Create a Mortal and Vatinian Hatred of those Horrid Principles by which the Enemies of this Church and Monarchy are Acted and of those Barbarous though Natural Conclusions that issue from them so more particularly in Your Royal Highness there is no doubt but the Reflection upon such Villany as this will inflame so Generous and so Loyal an Heart with an ardent Affection for that Church which long and sad Experience hath told us is to be the only true Prop and Supporter of the Crown That God would Guide Your Royal Highness by his Council and after a long and fortunate Old Age receive You into Glory is the Humble and Affectionate Prayer of May it please your Royal Highness Your Royal Highnesses most Humble Dutyfull and Obedient Servant JOHN TURNER THE HISTORY OF THE Whiggish-PLOT UPON the Discovery of the late Hellish Conspiracy which was made by Mr. Keeling upon the Twelfth of June in the Year 1683. as will at large appear upon his Evidence against Captain Walcot His Majesty set forth two Proclamations the one bearing Proclamations issu'd out against the Conspirators Date the 23d and the other the 28th of the same Month The first for the Discovery and Apprehension of Colonel John Rumsey Richard Rumbold Richard Nelthorpe Esq Nathaniel Wade Gent. Richard Goodenough Captain Walcot William Thompson James Burton and William Hone a Joyner The latter for the Apprehending of James Duke of Monmouth Ford The Names of the Conspirators Lord Grey who being Apprehended made hi● Escape out of the Hands of the Serjeant at Armes Sir Thoma● Armestrong and Robert Ferguson who was the Common Agitatour entrusted by all Parties in the several Conspiracies Besides all these several others were soon detected as the Lord Melvin Sir John Couchrane Francis Goodenough William Rumbold Joseph Elby Samuel Gibbs Francis Charleton Joseph Tyley Casteers Lobb both Non-Conformist Ministers Edward Norton John Row John Aytoss and John Atherton Several of which having notice of Warrants issu'd out for their Apprehension fled from Justice Nevertheless they did not all escape For of superiour Quality were taken the Lord Russel the Lord Howard of Escrich Colonel Sidney Mr. Hamden Jun. and the Earl of Essex who The Earl of Essex kills himself being Committed to the Tower for High Treason kill'd himself Of meaner Quality were Apprehended Mr. West Colonel Rumsey Captain Walcot and Hone the Joyner and of these the Mean persons taken Lord Howard Colonel Rumsey and Mr. West were reserved to give Evidence against the Others whose Charges and Defences together with their Confessions compleat the Body of this History Besides these also were Apprehended the Lord Brandon Mr. Booth Mr. Charleton Mr. Wildman and Mr. Trench●rd and sent to the Tower who at the beginning of the following Term were admitted to give Bail for their Appearance the first Day of the next Term ensuing Upon the 27th of July came forth His Majesties Declaration concerning the Treasonable Conspiracy against His Person and Government giving an Accompt of the Principal and Main Designs of it which appear'd to be in short as follows About the beginning of October 1682. when the Heads of the Faction saw the Magistracy of London settled in Persons of Loyal Principles they fell immediately to Consult about Rising in Armes for which some thought their Party so well prepared that they could not fail of attaining their Ends when they should break out into Open Force Upon which some of the Principal Conspirators met to agree They Consult to Master the Guards and seize the Kings Person but lay that Design aside till they had settled a Correspondence to know their strength about the best way to Master the Guards and S●ize His Maj●sties Person but upon deep Consideration finding it necessary to prepare their Friends in the several Counties and the Disaffected Party in Scotland to joyn with them without which any Attempts in the City upon the Guards seem'd to be too rash they lay'd aside the Thoughts of a Present Rising and dispos'd themselves to find the safest way by Correspondence how far they might be assisted by a General Insurrection so that in all Humane Probability they might not fail of success While these Designs were forming some Villains were carrying The Assassination of the K. and D. of York Design'd on that Execrable Plot of Assassinating His Maj●sties Person and His Royal Highness in their coming from New Market to which purpose Money was deposited but were prevented by the shortness of Time and N●cessary Preparations Thereupon they Consulted about Attempting the same Villany A second design in March at His Maj●sties going to New-Market again at His Majesties next going to New-Market in March was a Tw●lvemonth But fearing the strength of the Guards that are usually left behind after the King's Departure and because they were not then neither sufficiently ready they agreed to

Sheriffs some of the Aldermen and the Chief Ministers of State about the Town That Mr. West told him It should be his business to secure the Lord K●eper whom he would call to an Accompt with all his Heart and put him in mind of Colledge But the Evidence told him That he did not ca●e to meddle with any of his Neighbours Being ask'd whether he were employed to speak with any of Mr. West unwilling he should speak to any Ministers as Destroyers of all Designs the Non-Conformist Ministers He Answered He would have spoken to two but that Mr. West was unwilling saying The Ministers had destroyed all Designs ever since Constantine's Time He further added That upon the Monday after the Discovery they met at Colonel Tracies viz. Captain Walcot Mr. Ferguson Mr. Goodenough Mr. West Mr. Norton and the Witness and Colonel Rumsey where he left them Debating about killing Mr. Keeling to be Kill'd for Discovering K●elling because he had made the Discovery That there was also some Discourse of standing to it with their Swords in their Hands which they say'd was the better way then to be Hang'd Here Captain Walcot desired that the Witness might be ask'd whether he ever heard him say any thing more or less of Assassinating the King To which the Witness answered that he did never hear him discourse of that Matter but that he had several times heard a discourse of Lopping by which was meant Taking off the King and the Duke and supposed that the Captain had been at the hearing of it too as being the Discourse of several Meetings To all which Captain Walcot made answer that he had no hand in any Design of securing the King Then was Mr. West call'd who being sworn was ordered Mr. West Sworn to tell the Court and the Jury the whole Story Thereupon he depos'd as follows That he came acquainted with the Prisoner at the Bar the last He came acquainted with the Pr●soner by the means of Captain Walcot Summer Vacation by the means of one Mr. VVilcox who return'd his Money out of Ireland That the fair Characters they heard of one another enclin'd them to Intimacy and Freedom of Discourse That about the middle of October he observed a General Discontent in the City and was afraid there was some design in hand and being Inquisitive to know what it was he thought fit to enquire of Captain Walcot being informed That the Earl of Shaftsbury had sent for him out of Ireland That thereupon Captain Walcot told him That the Earl of Shaftsbury was likewise sending for some Scotch Gentlemen under a pretence of business in Carolina That one Morning Captain VValcot came to his Chamber and Discours'd with him concerning the Election Walcot discourses Mr. West at his Chamber of the Sheriffs carryed on as was thought contrary to Justice That thereupon he put the Question Whether the People would do nothing to secure themselves That then the Captain told him a Secret That there was a Design of an Insurrection within three VVeeks or a Month that would set us all free or worse That the Lord of Shaftsbury was engag'd in such a Design and had engag'd him in it and ask'd him Whether he would take a Command That at the same time the Captain told him to the best of his Remembrance That the Earl of Shaftsbury had another The Earl of Shaftsbury designs the Assassination as the King came from Newmarket Design upon the King and the Duke as they came from New-Market in October but that he abhorr'd any such thing as being ungenerous and would not be concern'd but only in a General Insurrection That in the Discourse of the Insurrection the Captain desired the VVitness to lend him a Suit of Silk Armour which the VVitness had bought some Years before and to bespeak him a stiff Tuck which he did but that the Plot being Discover'd the Tuck was left upon his Hands and that this was about the Ninth of November That after this he understood by Captain VValcot that Mr. Mr. Ferguson manages the Assassinattion and the Insurrection Ferguson had the management of the Assassination in October and that he was likewise acquainted with the Insurrection and was a great Man in it That among many ways proposed of killing the King and the Duke Captain VValcot told him That one was Design'd at the Lord Mayor's Feast in the Hall or upon their return home in Pauls Church-Yard or at Ludgate but that the King not Dining there the thing was wholly disappointed and that Mr. Ferguson told him the same thing Then Mr. Ferguson propos'd another way That it should be done as the King and Duke went down the River by Persons that were to lye behind some small Ships in a Hoy and so over-run their Barges or if that fail'd to break a Plank with their Blunderbusses and so sink them Another way was At the Play-House where Forty or Fifty Men were to get into the Pitt which had Blunderbusses Pistols and Swords and when the Musick struck up between the Acts should Fire upon the Box. But that this way seeming Hazardous they thought it better to do it as he came back and pitch'd upon Covent-Garden under Bedford-VVall in regard there was a Conveniency for a great many Men to Walk in the Piazza and another parcel of Men might be planted in Covent-Garden-Church-Po●ch and within the Rails where Horses could not come and that while the Men within the Rails Fir'd Men in the Piazza might engage the Guards while they in the Porch came down and prevented them from escaping And that all this was before Mr. Ferguson went for Holland That afterwards there was another way propounded and as he thought it was Collonel Rumsey who said that he wondred Lords and Great men who were so fond of the thing did not buy somebody an Office who should rail against the Duke of Monmouth and the whiggs and by that means get an Opportunity of Access to the Kings Person That after the Lord Shaftsbury retired into Holland Mr. Ferguson did so too and Captain Walcot Ferguson flies into Holland went with him That in the mean time the Witness met Collonel Rumsey several times and that several things were offered but nothing resolved upon That a little after Christmas there was a meeting at the Salutation in Lumbard Street where it was agreed that Mr. Ferguson should be sent for to which purpose the Witness wrote a Canting Letter to him that he should come over for his Health for that He was the only man that could manage the Affair That after his coming over there were several Meetings at the Witnesses Chamber where Mr. Ferguson He returns and me●ts at Mr. Wests Chamber Mr Rumbold and Mr. Goodenough undertook to provide Men for the Assassination That the Assassination was agreed to be done either upon the going to or returning back of the King from New-Market Upon which arose several

the thing That he saw him often in the Company of Manning who was design'd to be another of the Aslassinaters That being once at his Chamber the Prisoner said to him Master shall we do nothing adding that if the Duke of M. would be but true and appear he would bring 50 or 60 honest Men of the other side of the Water who would do the business That upon asking him what business he answered either a Brisk Push vvhich the Witness took for an Insurrection or the two Brothers That upon asking him what two Brothers he meant He reply'd the Captain and Lieutenant which were the Terms they us'd since the Van Herring was Printed Here Mr. VVest put in that he thought the Prisoner was a good honest Fellow before that time but that he thought he was deluded by Goodenough Upon which the Lord Chief Justice ask'd him whether he came to justifie those things Mr. West reply'd that he had been basely deluded and that he was sorry for the poor Fellow Which caus'd the Lord Chief Justice to tell him that it was an unusual thing for men in his Condition to use such Expressions in such a Case And being afterwards told by the Kings Serjeant that he found him not worthy the Mercy the King had shewn him then Mr. West reply'd that it was a word he put from him unawares Then Sir Nicholas Butler being sworn declared That he had Sir Nicholas Butler proves the Prisoner always ready for such evil design● known the Prisoner for many Years and had always known him Guilty of Plotting and Contriving and upon all occasions ready to embrace any thing for those purposes laid to his Charge Particularly that when Sir Francis Chaplain was Lord Mayor and that the King stood at Mr. Waldo's the Angel being much shaken the Prisoner came to his House and told him that now they had a fair Oppor●unity to take off the King and the Duke at once to which purpose there were to be half a dozen with Cross-Bows who would go into the Steeple where there was a Window just opposite to the Balconey That thereupon he went to the King and the Duke of York and gave them this accompt and desired them to set some to watch the Place and to search if any were got into the Steeple before they came That one Horsel was appointed to watch them accordingly but none came And that when he was examined before the King the Prisoner confessed all those things Captain Richa●dson being sworn gave evidence That he went along with Sir Nicholas when he examined the Prisoner as to this thing Who then said that Mr. Goodenough came to him and told him he wanted L●bo●rers That Mr Goodenough told He agrees with Goodenough to kill the King and the Duke of York him it was to kill the King and the Duke of York and that he confess●d he did agree to be one of the Persons would undertake it and that Goodenough promised him Twenty Pound to buy him an Horse and Arms. That he confessed the business of Rye which place he did not know but said it was the place where the King was to be murder'd To all this the Prisoner said little or nothing only that he did not know the place where nor when it was proposed about the Rye and that he was drawn into it by Mr. Goodenough That as to the Cross-bows he was only told it but never designed it Being asked what Religion he professed he answered That he heard sometimes Baptists sometimes Independents and sometimes Presbyterians After a short Charge the Jury brought him in Guilty without stirring from the Bar. THE Charge and Defence OF THE Lord RUSSEL THE same Fryday Morning being the 13th of July the Lord Russel was set to the Bar within the Bar. He was charged as were the former for compassing imagining and intending the death of the King and the Subversion of the Government To this being required to plead he desired that he might have a Copy of what was laid to his Charge But the Court informing him that they could grant nothing till he had pleaded he then pleaded not Guilty Which done he told the Court that he thought no Prisoner had been Arraigned and Tryed at the same time and urged that he had been a Close Prisoner To which the Court replied that it was continually done in Crimes of this Nature and it was farther told him That he has had a great deal of Favour shewn The Court makes him sensible of the favour shewn him him already in that he had been acquainted with his Crimes and that he had had the Liberty of Couns●l which had not been known granted to any under his Circumstance The Prisoner alledged that he had only heard some general Questions and that he had Witnesses which he believed would not be in Town till Night and therefore thought it very hard that he could not have one day more To which it was answered that he had notice upon the Monday was a seven night before and that the Questions he was examined upon where a favour to him that he might know the matter he was charged with and therefore if the Kings Counsel did not think it fit the Court could not put off his Tryal The next thing he desired was a Copy of his Pannel to which He d●sire● a Copy of the Pannel which was proved to be delivered to his Gentleman the Lord Chief Justice replied that it had been ordered him and the Attorney General said that he had indulged him so far that he might have a Note of the Men returned The Secondaries also affirmed that they had delivered it to his Gentleman To which my Lords Gentleman made answer that he had only some Names out of a Book Whereupon my Lord insisting that he had no Pann●l but only some Names of Persons usually upon Juries it was told him by the Court that no other Pannel could be given him and then the S●condary being ask'd affirmed that he had had the Copy of a Hundred Names Nevertheless his Lordship still urging for a Copy of the Pannel and that his Tryal might be put off till the afternoon in regard he had a Witness that was not in Town the Lord Chief Justice condescended so far as to ask the Attorney General why the Tryal might not be respited till the Afternoon But the Attorney General giving no A●swer to it the Court Proceeded Then the Prisoner desired to know whether he might have Pen He is allowed Pen and Ink and two to write for him and Ink and a person allowed to write for him to which it was answered him that he might have two if he pleased Sir Andrew Foster being then called he said that his Name was not in his List but it was replyed that he was not called as one of the Jury After which the Court Proceeding to call the Jury and John The Prisoner insists upon Fr●eholders Martin being named the

make you in the least encline to find an Innocent Man Guilty I call Heaven and Earth to Witness that I never had in my Life a Design against the Kings Life I am in your Hands so God direct you The Lord Russel having thus concluded his Defence the Kings Counsel proceeded to Sum up the Evidence after which the Lord Chief Justice delivered his Charge to the Jury and so the Court adjourned till four a Clock in the Afternoon at what time the Court being met again the Jury returned and brought in the Lord Russel Guilty of the High Treason laid to his Charge THE Charge and Defence OF John Rouse UPON Fryday in the Afternoon being the 13th John Rouse brought to his Tryal of July John Rouse who had been Arraigned and Pleaded not Guilty was again brought to the Bar. His Charge was for Conspiring the Death of the King and declaring it by Overt Acts that is endeavouring to raise Men to sieze the Tower and to make an Insurrection and Rebellion within the Kingdom Before the Jury was sworn he mov'd the Court for longer time alledging that he had had no longer notice of his Tryal then since Monday Morning and that he had had no advantage of his Notice for though notice was then given him he had no Liberty of sending for any body till Wednesday and that about eight or nine a Clock on Wednesday Night one came and told him that he should have no Liberty of Counsel unless he had it from the Court so that he had not been able to get his Witnesses ready That he desired nothing but as an English-man to which the Court replied that as an English-man he could demand no time to prepare for Tryal for they that will commit Crimes must be ready to answer for them and defend themselves That 't was matter of Fact he was charged with and therefore he could not but know long ago what he was to be tryed for for he was taken up and charged with High Treason that he might then have reasonably considered what Evidence would be against him That if he were an Innocent Person he might defend himself without Question That if he had done an ill thing the Law did not design to shelter him under any Subterfuge as to prepare Witnesses to testifie an untruth for him Here the Kings Serjeant signifyed that in regard Capt. Blague Capt. Blague to be tryed seperately from Rouse did desire not to be joyned with the other that the Kings Counsel were content that Rouse should be tryed first Thereupon after several Challenges the Jury sworn were Robert Benningfield John Pelling William Winbury Theophilus Man John Short Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kemp Ed. Raddish Ed. Kemp. The Indictment being opened by the Kings Counsel Thomas Leigh was sworn But before he could speak the Prisoner excepted against him wondring with what Confidence he could He Objects against the Evidence look him in the Face at that time The Prisoner objected against him that he was a person who was sworn against by two Persons to have a hand in the Plot and that being taken up and Conscious to himself that he was Guilty of such notorious Crimes and knowing he was pretty well acquainted with him he was afraid the Prisoner would swear against him and therefore he took the boldness to swear against him first But this was not allowed to be any Objection so that the Witness being ordered to proceed delivered his Evidence That he had been concerned in the Conspiracy and knew something of it but that he believed the Prisoner knew a great deal more That Mr. Rouse took him to the Kings-head Tavern in Swithings Alley whither after some time Mr. Goodenough came there being then a Club of Men that were of the Conspiracy That he had seen Goodenough before who had acquainted him that there was apprehension of the Rights and Liberties of the People being invaded and that it was time for them to look to themselves for Popery and Arbitrary Power were designed and therefore desired to know whither he would engage in that Affair to prevent it withal he told him the City of London and Middlesex was divided into Twenty parts That he told him his Acquaintance did not lye where he liv'd but he would get a Party where his Acquaintance lay That he acquainted Rouse and Goodenough what men he had spoke to That Mr. Goodenough told him the Design was to set up the Duke of Monmouth and Kill the King and the Duke of York but that all Parties must not know it that they were to tell some People there was like to be a Forraign Invasion and ask them what readiness they were in and if they were found to be Compliant in that then they might discourse with them about the other matter That he discoursed with several men about the Affairs That Goodenough told him that Sir John Moor was to be kill'd and the Aldermen and their Houses plundered and that there Sir Joh● Moor and several Aldermen to be kill'd would be riches enough which would serve to maintain the Army That then he acquainted Mr. Rouse with this business but that he knew of it before and told him he could raise Arms for a hundred Men but said nothing was to be done unless the K●ng were seized upon saying we might remember since 41. that the King went and set up his Standard therefore said He we will sieze them that they may not set up their Standard but withal he said he was for siezing them but not for shedding of Blood That Mr. Rouse acquainted him it was a very convenient thing to have a Ball played upon Black Heath and to that end that some Sea Captains should be spoken with and said He would engage ten A Ball to be played ●●on Black-H 〈…〉 who should manage that Affair and he that won the Ball should The T 〈…〉 to be siez take it But that when they had so done that every Captain ●hould take his Party and tell them they had other work and ●●en go with long-Boats and Arms and seize the Tower That he acquainted Goodenough with this who ask'd him the Charge of a Golden Ball which Mr. Rouse had told him would be ten or a dozen Pound to which Goodenough reply'd That if it were forty Pound he would be at the Charge of it all That Rouse had spoke several such Discourses to several Men at the Kings-head Tavern in his hearing That he heard he was Sworn against at the Kings-head in the Company of Rouse and Goodenough and that Rouse told him he should lye at his House That Rouse cut off his Hair and went to Mr. Batemans and fetch'd him Rouse Disguises the witness a Periwigg That Rouse and he went several times to view the Tower and took Mate Lee along with them That some time before that they had appointed to meet at Waping to speak with

Discourse with his Mate such a one but that his Mate Lee was an Honest Fellow and said That he would undertake once in twenty times to dismount the five pi●ces that fac'd towards Southwark-side to which end as he told the Witness he would bring his own Ship and lay it on Southwark sid● and make up the 14 Guns he had already 24. That he ask'd Mr. Goodenough What Money was provided who Answering 4000 l. He Answered The Seamen would swallow that up presently To which Goodenough Reply'd There was more provided at any time Mate Lee Swore That as he Rode with the Captain in a Coach the Prisoner should say One of these Days we shall have a Ball to Mate Lee Sworn toss which he afterwards understood by Rouse and Lee was the Ball that was to be toss'd upon Black-Heath That the Prisoner and he one time walking about the Tower and Discoursing of seizing it his way was to scale it but that the Captain said The best way was to shoot Morter-Pieces upon Southwark-side but deny'd he could say any thing about the Ship To this the Captain in his own Defence made Answer That all his busin●ss with Mr. Rouse was to procure him a sum of Money as being a Brok●r and that his attending upon him for that purpose brought him sometimes into Goodenough's Company wherein he was frequently at one Tavern or other but that if ever he Disc●urs'd with Goodenough about any Publick Affairs or any thing t●nding to the Publick Disturbance he was no Ch●istian That as to the seizing of the Tower it was only accidental Discourse to the Water-men that Row'd him from his Ship by the Tower to whom he was saving That the place was not well fortify'd and that if any Occasion should happen that part next the Water was in more peril then any place of the T●wer And that upon farther Discourse and a Supposition that the French should take that then the Pris●ner said it was but going over-against the other side and flinging half a dozen Bambo's to them and setting them out again That for his having 200 Men it was impossible for his Vess●l was but a Pink that would not hold a 100 Men Women That his Vessel wa● but a Pink that would no● hold a 100 Men. and Children And for the Arms he bought he bought them with the Ship for his Def●nce at Sea four Blund●rbusses two Jav●lins and some few ball-Pikes That as to any bank of Money he never Discours'd it and that as to the Ball he knew no more to that very day then one who had n●ver seen a Ball. He added farther That when they fix'd the time that he was to lay his Ship against the Tower it was not in his Possession to bring thither as not having had her above three weeks to the very time of his Tryal Then M●te Lee was ask'd on the Prisoner's behalf Whether The Witness denies he knew of any Provision mad● to seize the Tower there were any Projections or Provisions made for seizing the Tower To which he Answered There was nothing of Men or Guns that he knew or heard of Being ask'd whether he had any Order from any other Persons to Discourse Captain Blague in Order to this Attempt He Answered No for that Captain Blague Mr. Rouse and Mr. L●igh were commonly together Then the Jury desir'd the Witness might be ask'd Whether the Captain knew he went to view the Tower To which the Witness Answer'd He could not be positive in that They told him they had vievv'd the Tower but he did not remember vvhat Obs●rvations the Captain made upon it The Ju●y desir'd to knovv farther Whether the Prisoner heard any thing of tossing the Ball to vvhich Mr. Lee reply'd That Mr. Rouse told him the Captain vvas acquainted vvith it but that he never Discours'd vvith the Priso●er about it himself The Prisoner then calling his Witnesses one Chappel a Carpenter Declar'd That the Vessel vvas not able to do any Service upon the Water three Weeks ago and that he had been Ship'd four Months and a half to go for New-York Wright declar'd That he had waited on the Cap●ain ever since he had been Ship'd and was in his pay before he had the Ship in his Poss●ssion The Surgeon declar'd That he had belong'd to the Ship seven The Prisoner's Witness●s declare the time how long they had belong'd to the Captain Weeks and to the Captain before he had a Ship Being ask'd by the Jury How many Guns belong'd to the Ship He Answer'd Fourteen Sahers of which four were wooden ones six above Deck and four in the Hold. The Prisoner having thus made his Defe●ce the Lord Chief Justice sum'd up the Evidence to the Ju●y who withdrawing to consider of their Verdict in a short time return'd and brought the Prisoner in Not Guilty The next day being the 14th of July the several Prisoners found Guilty of High-Treason were brought to receive Judgment And first the Lord Russel being set to the Bar and ask'd why The Lord Russel desires the Indictment may be read Senten●e of D●a●h should n●t pass against him according to the Law desir'd to hear his Indictment read in English the which being gran●ed the Clark of the Crown read on till he came to the Words of Conspiring the Death of th● King at what time the Lord Russel desiring him to hold told the Recorder That he thought he had not been Charg'd with Compassing and Conspiring the Death of the King To which the Attorny General reply'd Yes Upon which his Lordship appeal'd to the Recorder and the Court whether if all that the Witnesses had Sworn against him were true whether he were Guilty within the Statute of the 25th of Edward the 3d. they having Sworn a Conspiracy only to Levy War but no intention of Killing the King and therefore he thought Judgment was not to pass for Conspiring the Death of the King To this the Attorney General Answer'd That it was no exception Then the Recorder told him That it was an exception proper and he thought he did make it before the V●rdict whether the But his Objections are held Insufficient Evid●nce do amount to prove the Charge which is proper for the Jury to observe for if the Evidence come short of the Indictment they cannot find the Verdict But when the Jury has found it their Verdict passes for Truth and the Court is bound to go by what the Jury have found not the Evidence To which his Lordship put the Question Whether without any He moves an Arrest of Judgment Proof But it was Answer'd The Jury must be Govern'd by their Evidence His Lordship reply'd It was hard he must be Condemn'd upon a Point that there was nothing of it Sworn therefore he thought that he might legally demand an Arrest of Judgment To which the Recorder Answer'd That he hop'd his Lordship would consider it was not the Court could give a V●rdict

Pr●s●cution of which must be within six Months and the Indictm●nt within three So that if the business mentioned were six Months before his Commitment or above three before the Indictment he was not to Answer to those things That in the Case of Sir H. Vane the Sir H. V●nes Case in 〈…〉 ' d. Court then said it and offer'd him that he might put in his Exc●ptions and plead Not Guilty afterwards That if he pleaded to an erroneous Indictment and were acquitted he might be Indicted again Bills of Attaind●r having been upon Errors in Oririginal Indictments as that of the Duke of Somerset That as there were several things distinct in Nature distinguished by Law put together in the Ind●ctment it was an impossible thing to make a possitive Answer to any one That if he were Charged with any particular Fact he could say He either did it or not But that in the I●dictm●nt he found nothing specifi'd nor could he tell upon what Statute he was In●icted and then he pray'd to see the Record To all his the Court made Answer That they could not let him see the Record but if he would hear it read again he might That there was no way but either to plead or demur if he thought the Indictment void which if he did he should be allow'd to make what Exceptions he pleas'd That as to what he alledged in reference to the 1 〈…〉 of this King whether he were without the time limited they were not bound to examine that before he had pleaded Till when let the Indictment be never so vitious there were no exceptions to be admitted Then the Prisoner offer'd a Parchment to the Court which he He offers a Plea in Parchment to the Court. said was a Plea But the Court advised him to consider himself and his L●fe for that if he put in a Plea and the Attorney General demurr'd if his Plea were not found good his Life was gone Upon that the Colonel desired a days time to consider of it To which the Court replyed That they could not introduce new methods for any Body Here the Attorney General inform'd the Court That Mr. Williams Mr. Williams reprov'd exceeded his Commission and told the Prisoner several things for which he was reprov'd by the Lord Chief Justice Thus when the Prisoner saw he could gain nothing by contesting The Prisoner pleads not Guilty with the Court he at length pleaded Not Guilty Which when he had done he desired a fortnights time to prepare himself for his Tryal which was allowed him Next he desired a Copy of the Indictment which the Court told him they could not grant by Law Then he pray'd that Counsel might be assign'd him but that was likewise denyed him unless he could produce any Point of Law which the Court should think fit to be worth debating This drew from the Prisoner an Expostulation whether the Court would oblige him that was ignorant in the Law to raise Points in Law upon only hearing a long Indictment for things he knew nothing of To which the Lord Chief Justice reply'd That it was not the Judges but the Law that oblig'd him Therefore he was not to go away and say that they sat there to impose upon him for that they only fat to Administer the Justice of the Nation However the Court offer'd him that he might hear the Indictment read again if he desired it which at his request was done and then he was remanded back to the Tower Upon the 21st of November Colonel Sidn●y was brought to his The Colonel brought to h●s Tryal Tryal at the Kings-Bench-Bar where he first urg'd That whereas he had before desired a Copy of his Indictment and thought the Law allow'd it him he was still of the same mind and believ'd he could give a better Testimony that it was so upon the Statute of the 46 of Edward the 3d. wherein it was express'd That all People should have a Copy of the Record enumerating several Matters as well that against the King as other People which general Law was still in force He farther instanced That the Earl of Strafford had a Copy the Lord Stafford and the Lords in He urges the Earl of Staffords Case the Tower had Copies of their Indictments and therefore he thought it was never more necessary than for him whose Charge was so long and so confus'd and then offer'd a Copy of the Statute to the Court. To this the Lord Chief Justice reply'd That he remembred the Law very well however as the Court had deny'd him a Copy then so they did still notwithstanding they would deny him nothing that was Law For whereas he had alledg'd before the Case of Sr. H. Vane he gave the Prisoner to understand that it was then the Opinion of all the Judges that no Copy should be given either of the whole or any part of the Indictment Which Case he had order'd to be read in Court when his Counsel last mov'd for a Copy and thought he had thereby given them full satisfaction besides that by the Opinion of all the Judges of England the Lord Russ●l was in like manner deny'd a Copy of his Indictment Nevertheless he had heard his Indictment read in Latin which was deny'd to Sir H. Vane and that therefore the Court had shewn him more The extraordinary savour of the Court toward him savour then perhaps in strictness they ought to have done Thereupon he order'd the Clark to proceed upon the Arraignment as not becoming the Court to spend time in Discourses to Captivate the People So that after several Challeng●s the following persons were Sworn upon the Jury John Anger Richard White William Lynn Lawrence Wood Adam Andrews Emerie Arguise Josiah Clark George Glisby Nicholas Baxter William Reeves William Grove and John Burt. Here the Lord Chief Justice gave a caution to the Jury not to admit any persons to whisper to them with a Charge to inform the Court if any did so After this the particulars of the Matter in Evidence being first shortly opened by Mr. Dolben and enlarg'd upon by the Attorney General the Witnesses were call'd and first of all Mr. West Col. Sidney excepts against Mr. VV●st Upon whose appearance before he was Sworn the Prisoner urg'd That Mr. W●st had confessed many Treasons and therefore desired to know whether he were pardon'd or no alledging that otherwise he could not be a good Witness But the The objection against him not allow'd Lord Chief Justice declaring That he knew no legal Objection against him and that he had been a good Witness in the Lord Russel's Tryal he was Sworn and gave in Evidence That Captain Walcot came to him in October last and told him That the Lord Shaftsbury had design'd an Insurrection in November against which he used some Arguments to diswade him That soon after he came to him again and told him the thing was wholy disappointed upon which the Earl of