to the king's most excellent majesty. the humble address of the society of the middle-temple. middle temple (london, england) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing t a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the king's most excellent majesty. the humble address of the society of the middle-temple. middle temple (london, england) charles ii, king of england, - . sheet ([ ] p.) re-printed by the heir of andrew anderson ..., edinburgh, : . caption title. signed at end: john bernard, speaker. reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, -- sources. great britain -- history -- charles ii, - -- sources. broadsides -- scotland -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majesty . the humble address of the society of the middle-temple . dread soveraign , with hearts full of unspeakable joy we presume to approach your royal presence , and with all our souls bless almighty god for the late wonderful discovery of the hellish conspiracy begun and carryed on by desperate persons of fanatical , atheistical and republican principles , who impudently assuming to themselves the name of true protestants and patriots , did at first by popular insinuations and other ar●ifices , project the undermining the best religion and government in the world ; and afterwards being therein prevented by your majesties unwearied care and admirable conduct , proceeded to contrive the horrid paricide of your sacred person , the barbarous assassination of your royal brother , the dear partaker ot your sufferings , the involving these nations in blood and confusion , and the utter destruction of this monarchy . as this society has been eminent for its loyalty and early tokens of duty and affect on , particularly in their humble thanks for your gracious declaration , and their abhorrence of the late accursed and traiterous association , which we look upon to be a part ot this damnable conspiracy , so we shall do our utmost to bring the viliains to justice , especially those of this society , who to our great sorrow are in the number of the conspirators . and we do repeat our solemn protestations to stand by and defend your sacred majesty and lawful successors with our lives and fortunes , and beseech almighty god to cover with confusion the faces of your most secret enemies , that divine vengeance may overtake such of the traitors as by flight escape the justice of humane laws , whose guilt proclaims it self so loud , that they dare not trust even that mercy of which they have had so long experience . and as providence did never so signalize it self on behalf of any prince , as of your majesty , through the whole course of your reign , so may heaven shower down and continue its best blessings on the best of kings , and be never weary of working new miracles for your preservation . john bernard , speaker . edinburgh , re-printed by the heir of andrew anderson , printer to his most sacred majesty . . animadversions upon a paper entituled, the speech of the late lord russel, &c. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) animadversions upon a paper entituled, the speech of the late lord russel, &c. nalson, john, ?- . settle, elkanah, - . p. printed for thomas dring ..., [london : ] caption title. imprint from colophon. by john nalson, ll. d.? cf. lincoln's inn catalogue of pamphlets, no. . another work with a similar title, "animadversions on the last speech and confession of the late william lord russell, london, ," is attributed to elkanah settle. cf. c.e. brown, elkanah settle ... life and works [ ] p. . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . rye house plot, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion animadversions upon a paper , entituled , the speech of the late lord russel , &c. the words of dying persons are apt to give the deepest impressions upon the minds of the living ; and though possibly there is no point in which i am more tender , than in treading upon the memory of such , who are out of the capacity of making their own defence ; yet resolving to comport my self with all decency , which i would do if the person were living , i think it a necessary duty to endeavour to hinder the spreading of that contagion , which has proved so fatal to the pretended author of this speech , and i fear will prove so t●●●●●rs , if they be not charitably undeceived ; and truly , if the dissenters , who do so g●●edily swallow down all that is said in that paper , as if the supposed author were a martyr , and the words as true as gospel , do not open their eyes to see the wondrous contradictions , which providence has so visibly opposed to those insinuations , my fears for them are extraordinary , that they are hardened to their own destruction ; and let them be never so angry , i will do all i can to prevent the mischief they will certainly pull upon their own heads , whilst they prepare it for others . i confess i have the utmost difficulty to believe this speech to be the lord russel's , and cannot but suspect the finger of job to be in it ; and my reason is , because there is so much panegyrick , as is not at all consistent , either with the modesty or humility of a person born of worthy good parents , and who has had the advantages of a religious education , as it is there expressed , for he could not then miss of the divine precept of the wisest of mere mortal men , let another man praise thee , and not thine own lips. the office of making inventories , of the virtues as well as goods of the deceased , and the care of embalming their memories as well as bodies , has ever been committed to the discretion of their friends , who may without vanity or ostentation say those things , which would no ways become themselves . and since that unfortunate lord tells us , he could never consent to do a base thing , i think it is a service to vindicate him from the most indecent and abject of all follies , the blazoning himself , and proclaiming his own praises , which is at the least one third part of that sheet of paper . but to let pass the panegyricks as the most innocent , though not most wise , i shall only give them this remark : that whoever was the penman of that paper , has not done it without a most injurious design , of insinuating into the heads of the intoxicated rabble such a poyson as may turn them round , since the natural and easie inference from thence is , that this gentleman being a person of those excellencies , and innocent as he averrs of the crimes for which he dies , the loss is the greater , his case the harder , and the injustice done him so much the worse . and we are not unacquainted how far ill men carry on their reflections , to the disparagement of the justice both of god and man , and to run the wild mobile into the utmost frenzies of extravagance against , and detestation of the government and their governours . i shall not insist upon some expressions , which seem next to equivocation , as , his living and dying of the reformed religion , a true and sincere protestant , and in the communion of the church of england , and many such-like ; words so ambiguous , that all the several sects will pretend to an interest in him ; and though the scandal of suffering for high-treason be not very reputable for any sort of men , yet i am glad for the sake of the loyal church of england , that he does not say he is of the reformed church of england as by law established , which teaches all her true children not only not to conspire or act treason upon any pretence whatsoever , but not so much as to curse the king in a thought in their safest retirement from discovery or danger , even in their bed-chamber . that which i would chiefly lay my stress upon , is the obviating some things which are of malicious and dangerous consequence , not only to the government , but to the dissenters from it , who , i fear , may for want of his giving glory to god as he ought , become more obstinate , in persisting in the belief of their mistakes , which , without repentance , will certainly prove fatal to them possibly in this world , but certainly in the next . and first i observe that the great scope and drift of the speech is to perswade foolish people that they are in the utmost danger of popery , as particularly p. . i did believe and do still ( saith he ) that popery is breaking in upon the nation . this very topique has already cost this nation millions of treasure , and lives , and one which was more valuable than them all , that of our late martyred soveraign king charles the first , for whose innocent blood , i fear divine vengeance is now calling the dissenters to an account , and making inquisition for blood . with this fear of popery it is that the people have been so far mislead , as to give the late conspirators hopes to be assisted by them , even by the confession of this speech to undo us all , to murder the best and most gracious of princes , and subvert the easiest of all governments . and now let all the world judge who knows best , or is most likely to prevent the 〈◊〉 in of popery , the king , who upon all occasions has condescended so far as to avow to his people , that he will do all that lyes in his power to keep out popery , or my lord russel's speech , which affirms to the contrary ; it is not only good manners to believe the king , who is as an angel of god , rather than all the malicious speeches of men to the contrary , but i do aver , that whoever gives credit to this calumny , against the kings avowed declaration , the known rule and practice of the law to suppress popery , is not only an uncharitable and ill christian , but a most disloyal subject , since it is notorious , that this old shaftsbury's cloak of fear of popery , is the very mantle of rebellion . the next thing is the innocence of this gentleman , which is very positively aversed in the spoken speech , where 't is said , in the words of a dying man , i profess i know of no plot either against the kings life or the government . what ? know of no plot ? i profess it is boldly said , and i doubt not but will be readily believed by the whole party . but it were well for them if it had been as plainly proved , and truly had the speech stopt here without the following comment upon the text , it would have been some difficulty to have expounded it , and others may do what they please , but i cannot chufe but attribute the printing and industrious dispersing of this speech to a superiour hand , which has appeared so marvellously visible in the discovery of this hellish treason . what so many discourses as are confessed , of the feazibleness of seizing the kings guards , p. . my lord exclaiming against it , and asking if the thing succeeded what must be done next , &c. the duke of monmouth tells him , my lord shaftsbury and some hot men would undoe us all , and asks him at another time , did you ever hear such a horrid thing ? and yet to say he dyes innocent , or knows of no plot against the king's life or government , i protest i stand amazed at the contradiction ; for the evasions are too silly and thin , to think that the horrid thing was only killing the guards , or that which would undo us all , was some disorderly thing or other which the hot men would do , if great care were not taken . alas ! that any man should be so weak himself as to think to impose upon others such foolish inconsistencies . no certainly the horrid thing , such as was never heard of , that would undo us all , must be crimes of another nature than this palliating speech insinuates , and can be of no other import than treasons of the blackest complexion . and after the knowledge of such things , to say a man knows no plot , and that he dyes innocent , cannot be said unless plotting and knowing of it be no treason , and that the same person may be the greatest criminal , and the most innocent at the same time . i would fain be answered one question : and that is , what should this discourse about seizing the guards be so often debated , and to what purpose can it be supposed to be done ? he must be stupid that does not see it carry treason in the face of it ; either in seizing or assassinating the kings person , or both successively , but still the knowing of this must be misprision of treason . it was well my lords council knew better things , when they advised him not to confess matter of fact plainly , for if he had confessed as much as this speech does , he would have saved the witnesses a labour , and the easie and willing jury , as the speech calls them , would not have had occasion to withdraw from the bar for their verdict : the law says , there are no accessaries but all are principals in treasons . he confesses , he was pressed with this , that he was acquainted with these heats and ill designs and did not discover them , page . and infers this is but misprision of treason at most ; but his lawyers knew better ; and though it can do him no service , yet because it may do others who think not revealing treason no crime , or that the bare difcoursing it is so little a thing , i will give the opinion of one of the oracles of their party mr. st. johns in his argument concerning the attainder of the e. of strafford , as i find it in dr. nalsons d vol. of collections published the other day , folio ▪ where he proves , that bare machination to raise war , is treason : he gives several instances , and one most remarkable as follows . in the d year of king henry iv , one balshal coming from london , found one bernard at plough in the parish of ofley in the county of hertford : bernard asked balshal , what news ? he told him , that the news was , that richard ii. was alive in scotland ( which was false for he was dead ) and that by midsummer next , he would come into england : bernard asked him , what were best to be done ? balshal answered , get men and go to king richard. in michaelmas term , in the d. year of hen. th . in the kings bench , rot. . this advice adjudged treason . one story in q. eliz. time practised to levy war , nothing done in pursuance of a practise , the intent adjudged treason , and he executed upon it , even before the act of the xiii . eliz. which made intention treason during her life : for this case was adjudged in hillary term , the parliament begun not 'till the april following . now let us infer , if seizing the kings guards and making them prisoners , which cannot be done without arms , be levying war , and levying war be treason , and the debating this matter be also treason , and there can be no accessories but all principals in treason , and my l. russel was at many of these debates , and acquainted with these ill designs , what becomes of his innocence ? most assuredly in the sight of god and man he is guilty . nor is he so innocent neither in that commonly call'd gentile quality , which he seems next to his pretended innocence so much to value himself upon , that , he saith , he hopes no body will imagine that so mean a thought should enter into me as to go about to save my self , by accusing others . it seems he could then , if he had not thought it base and mean ; but truly if he had too much gallantry to save his body , he ought to have had enough religion to save his soul. and i tremble to think that some persons , who should have done otherwise , have dealt so unfaithfully with him , as to let him dye glorying , and impenitent of two most horrible sins . for first , here is a most manifest perjury , which by this not accusing all he knew guilty of these heats and ill designs , he stands manifestly in articulo mortis , convict of , by his own confession . for as a member of the commons house , how often , as well as in other capacities , he hath fworn by the omnipotent god , upon the holy evangelists , the oath of allegiance , of jac. to do his best endeavour to disclose and make known to his majesty his heirs and successors , all treasons , and traiterous conspiracies , which he shall know or hear of to be against him or any of them : and yet out of a piece of gallantry , it is too mean a thing to accuse others . so brave a thing it is to break the oath of god , and without infinite mercy , to leap headlong into damnation , and excuse it as a piece of bravery . o! wretched conductors of this poor gentlemans soul , to let him pass into eternity with that dreadful imprecation annexed to this oath , of so help me god , unthought of and unrepented of ! there were some things said at shepheard ' s by some , the speech tells us , with more heat than judgment . these things ought , by the force of this oath , to have been revealed , upon the , no less , danger than renouncing all help from god , and all hopes of happiness , and it will be a poor plea for a shivering soul before the dreadful tribunal of infinite justice , to say as the speech does , that he did then sufficiently disapprove them ; when he was under the indispensible obligation of a most solemn and sacred oath , and of the forfeiture of mercy and heaven bound to disclose and reveal them to the king. nor is it a little sin , whatever men may think , not to give glory to god , by a public acknowledgment and repentance for that guilt and those crimes , for which his justice has brought any person to such publique and exemplary punishment . for besides the injustice which is done to the righteous judge of all men , in not vindicating his glory by a clear and ingenuous confession ; it hath this dangerous influence upon others , that thereby they are hardned in their impenitency , and even after death a person may become criminal and accessary to all the ill and dangerous consequences which may be the effects of this supressing of truth . i pray god some people be not sensible of this , to their utter ruins : for i cannot without strange apprehensions see the people swallow this deadly draught of poyson , and endeavour to stifle the most horrid and barbarous conspiracy , the most clearly proved , and most miraculously both detected and disappointed , that any age or story can parallel . a conspiracy which would have laid these nations weltering in blood , and would have made our posterity the most absolute slaves to tyranny and usurpation of any in the christian world. and it amazes me to hear people talk , that what these conspirators did , was only for preservation of the protestant religion , and not against the king's life , when the sun is not more clear than this discovery , that nothing could so entirely have ruined the government and the reformed religion as this conspiracy , had it taken effect , was designed to have done . there are a thousand other things might be said , and very necessarily , but i thought it more proper , though with too swift a hand , to do something towards the stemming of the tide , than to let it overrun all the banks for want of a little early care to stop the first breaches , and i doubt not but some others will give this speech a more deliberate answer , than can be expected from these hasty lines , which are the effect of a perfect duty and loyalty to my king , zeal to the glory of god , and the good of all my fellow subjects , excuses i hope sufficient to procure a pardon for a paper writ , it may be , with more affection than any other ingredients which might have rendred the composure proportionate and exact . god preserve his sacred majesties person , the whole royal family , the government , our religion , lives , laws , and liberties , from the conspiracies of such men as think treason innocence , and concealing it a glory , and may all the yet secret machinations of wicked achitophels and rebellious absaloms be for ever defeated and discovered . london , printed for thomas dring , over against the inner-temple gate in fleet-street , . the proceedings against sir thomas armstrong in his majesties court of king's bench, at westminster, upon an outlawry for high-treason, &c. : as also an account of what passed at his execution at tyburn, the th. of june : together with the paper he delivered ... armstrong, thomas, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the proceedings against sir thomas armstrong in his majesties court of king's bench, at westminster, upon an outlawry for high-treason, &c. : as also an account of what passed at his execution at tyburn, the th. of june : together with the paper he delivered ... armstrong, thomas, sir, ?- . england and wales. court of king's bench. p. printed for robert horn, john baker, and john redmayne, london : . reproduction of original in huntington library. imprint information taken from colophon. caption title. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng armstrong, thomas, -- sir, ?- . rye house plot, . outlawry. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the proceedings against sir thomas armstrong , in his majesties court of kings-bench , at westminster , upon an outlawry for high-treason , &c. as also an account of what passed at his execution at tyburn , the th . of june . together with the paper he delivered to the sheriffs of london at the same time and place . de term. s. s. trin. anno regni regis carol. ii. xxxvi . die sabbati , . junii an. dom. . b. r. dominus rex versus thom. armstrong , mil. this day sir thomas armstrong was brought to the bar of the court of kings-bench at westminster , by vertue of a writ of habeas corpus directed to the keeper of the goal of newgate ; which writ was on his majesties behalf moved for on thursday last by mr. attorney general . the return of the writ was read by the clerk of the crown , by which it appeared he was in the custody of the keeper of newgate , by a warrant from the honourable sidney godolphin , esq one of his majesties principal secretaries of state ; which warrant followeth in haec verba . sidney godolphin , esq one of his majesties most honourable privy council , and principal secretary of state. these are in his majesties name to authorize and require you to receive into your custody from on board his majesties yatch the catherine , captain davis commander , the person of sir thomas armstrong , knight , outlawed for high-treason , and him safely to keep in his majesties prison of newgate , till his majesties pleasure be farther known . and for so doing this shall be your warrant . given under my hand and seal at white-hall this th . day of june . in the th . year of his majesties reign . s. godolphin . to captain richardson keeper of his majesties prison of newgate . lord chief justice . vvhat would you have , mr. attorney ? mr. att. g. have you the outlawry there ? cl. of the cr. yes , sir , here it is . mr. att. g. that which i humbly pray , my lord , is an award of execution for the king against sir thomas armstrong , upon the outlawry . l. ch. just . first we must file this return . mr. att. g. i pray it may be filed . l. ch. just . let it be filed : now what do you desire mr. attorney ? mr. att. g. my lord , i pray an award of execution upon the outlawry . l. ch. just . arraign him upon the outlawry . cl. of cr. thomas armstrong , hold up thy hand . ( which he did . ) thou hast been indicted in london by the name of thomas armstrong of london , knight , of high-treason , for conspiring against the king's majesties life , and the government : for not appearing to plead and try that indictment by due process of law issued against thee ; upon that indictment , thou standest outlawed , and thereby attainted of the same high-treason . what hast thou to say for thy self why execution should not be awarded against thee upon that attainder according to law ? sir thomas armstrong . my lord , i was beyond sea at the time of the outlawry ; i beg i may be tried . l. ch. just . that is not material at all to us ; we have here a record of an outlawry against you , sir thomas . sir t. armstrong . i desire to be put upon my trial , my lord. l. ch. just . we cannot allow any such thing , we have nothing to do upon this record before us but to award execution . captain richardson , which are your usual days of execution ? capt. richardson . wednesdays and fridays , my lord. mrs. matthews . here is a statute , my lord. l. ch. just . what is the matter with that gentlewoman ? sir t. armstrong . hold your tongue . my lord there is a statute made in the th . year of edward the th . which i desire may be read . l. ch. j. to what purpose would you have it read , sir th●mas ? sir t. armstrong . it giveth the prisoner , or person outlawed for high-treason a years time to reverse the outlawry , if he were beyond s 〈…〉 sire it may be read. l. ch. just . ay let it 〈…〉 is it do you say ? sir t. 〈…〉 year of edward the sixth 〈…〉 . mrs. matt. 〈◊〉 is a copy of it — shewing a paper . l. ch. j. why ? how now , we do not use to have women plead in the court of king's-bench ; pray be at quiet , mistriss . sir t. armstrong . pray-hold your tongue . my lord , i could not come to alledge this before , because i have been a close prisoner , and no body permitted to come at me . i desire councel to be assigned me at this bar. l. ch. just . for what , sir thomas ? sir t. armstrong . to argue whether this outlawry ought not to be reversed . l. ch. just . read the statute he desires . mr. att. g. ay let it be read. sir thomas will not find it to his purpose . cl. of the cr. what chapter is it ? l. ch. just . you may easily find it about outlawries for treason . cl. of the cr. reads . provided always , and be it enacted by the authority aforesaid , that if the party — mr. att. g. read the clause before that , sir samuel . cl. of the cr. reads . and that all process of outlawry hereafter to be made and had within this realm , against any offendors in treason , being resiant or inhabitant out of the limits of this realm , or in any the parts beyond the sea , at the time of the outlawry pronounced against them , shall be as good and effectual in the law to all intents and purposes , as if any such offenders had been resident and dwelling within this realm at the time of such process awarded and outlawry pronounced . l. ch. just . read on the next paragraph . cl. of cr. reads . provided alway , and be it enacted by the authority aforesaid , that if the party so hereafter to be outlawed , shall within one year next after the said outlawry pronounced , or judgment given upon the said outlawry yield himself unto the chief justice of england for the time being , and offe● to traverse the indictment or appeal whereupon the said outlawry shall be pronounced as is aforesaid : that then he shall be received to the said traverse , and being thereupon found not guilty by the verdict of twelve men he shall be clearly acquitted and discharged of the said outlawry , and of all penalties and forfeitures by reason of the same , in as large and ample manner and form as though no such outlawry had been made , any thing herein contained to the contrary in any wise notwithstanding . mr. att. gen. sir thomas , i suppose , now will shew he yielded himself to your lordship . l. ch. just . this is the first time i have seen sir thomas . sir t. armst . my lord i have been a prisoner , and the year is not yet out ; i now render my self . mr. att. gen. before he went out of england he might have rendred himself , and been tried , if he pleased . sir t. armst . i am within the benefit of the statute , i conceive , my lord. l. ch. just . we think otherwise , sir thomas . sir t. armst . i think , my lord , the statute is plain in the case . l. ch. just . we are of another opinion then you are ; it doth not reach your case . sir t. armst . the year is not yet out , and therefore i come time enough now ; and here i am , and desire the benefit of this act. l. ch. just . sir thomas , you should have rendred your self to me . sir t. armst . i do it now my lord , and the year is not yet out . l. ch. just . we cannot take notice of that ; we have nothing but the outlawry , and you did not render your self according to that act , but are brought as a prisoner before us now . sir t. armst . my lord , i beg i may have councel to plead for me in this case . l. ch. just . for what reason . we are of opinion it is not a matter of any doubt . for you must not go under the apprehension that we deny you any thing that is right ; there is no doubt nor difficulty at all in the thing . sir t. armst . methinks , my lord , the statute is plain . l. ch. just . so it is very plain that you can have no advantage by it . cap. richardson , you shall have a rule for execution on friday next . sir t. armst . i would only take notice of one thing , my lord , may i speak ? l. ch. just . ay sir thomas , very freely what you please . sir t. armst . a little while ago there was one in this place had the benefit of a trial offered him , if he would accept of it ; that is the thing i desire now , and i thank god , my case is quite another thing than his , i know my own innocence ; and i desire to make it appear by a trial. l. ch. just . sir t. armstrong , you may go away with what opinion you please of your own innocency : but you are here attainted by outlawry . that which was done , to him you speak of , was the grace and mercy of the king , and he may if he please extend the same grace and favour to you ; but that is not our business : we are satisfied that according to law we must award execution upon this outlawry . mrs. matthews . my lord ; i hope you will not murder my father ; this is murdering a man. l. ch. just . who is this woman ? marshal , take her into custody . why , how now ? because your relation is attainted for high treason , must you take upon you to tax the courts of justice for murder , when we grant the execution according to law ? take her away . mrs. matthews . god almighty's judgments light upon you . l. ch. just . god almighty's judgments will light upon those that are guilty of high treason . mrs. matthews . amen , i pray god. l. ch. just . so say i. but clamours never prevail upon me at all ; i thank god , i am clamour proof , and will never fear to do my duty . [ then she was carried away . ] mr. att. gen. my lord , i would only acquaint you with one thing in reference to what sir tho. armstrong has said : the king did indulge holloway , that he speaks of , it is true , so far as to offer him a trial , and his majesty perhaps might have some reason for it , but the prisoner truly deserves no sort of indulgence or mercy from the king. for it has appeared by the evidence that has been given of this late horrid conspiracy , that after the disappointment that was given by the providence of god , by the fire at new-market , to the meeting at the rye ; this gentleman was one of the persons that actually engaged to go upon the kings hasty coming to town then , and to destroy him by the way as he came to town . and this appears upon a full and clear evidence , as positively testified as any thing can be . and when he was taken beyond sea , letters of communication with forreign ministers and other people were taken about him , and will be — l. ch. just . we are not to meddle at all with the evidence , mr. attorney ; that is not our business ; here is an outlawry , upon this outlawry he is attainted ; we have nothing more to do , but to do the duty of the court upon this record before us , to award execution upon that attainder , and we must give a rule for it . if the king will be pleased to do for sir tho. armstrong what he did for holloway , and indulge him a trial , and wave the outlawry , with all our hearts . we are not disposers of his grace and favor , but the ministers of his justice . if the king will pardon him , he may ▪ that is not our business ; but all we have to do upon what is before us , is to consider the record , and what the prisoner says against our awarding of execution . we have considered whether this be a yielding within the proviso of this stature , and we think it is not , nor can be , by any means . sir t. armst . my lord , i am within the statute , i was outlawed while i was beyond sea , and i come now here within the twelve month. that is all i know , or have to say in this matter . l. ch. just . we think quite the contrary , sir thomas . sir t. armst . when i was before the council , my lord , they ordered that i should have councel allotted me , but i could have no benefit by that order ; for when i was taken , i was robbed of all the money i had , and have not had one penny restored to me , nor any money since ; i know not whether the law allows persons in my condition to be robbed and stripped . l. ch. just . i know nothing at all of that matter , sir thomas . sir t. armst . my lord , i know lawyers will not plead without money , and being robbed i could not have wherewithal to fee them . l. ch. just . sir thomas armstrong , you take the liberty of saying what you please ; you talk of being robbed , no body has robbed you that i know of . sir t. armst . no body says you do know of it ; but so it is . l. ch. just . nay be as angry as you will , sir thomas , we are not concerned at your anger . we will undoubtedly do our duty . sir t. armst . i ought to have the benefit of the law , and i demand no more . l. ch. just . that you shall have by the grace of god ; see that execution be done on friday next according to law. you shall have the full benefit of the l●w. then the prisoner was carried back to n●wg●te , and afterwards upon a petition the court ordered mrs. matthews to be released out of custody without fees. an account of what passed at the place of execution . sir t. arms . mr. sheriff , do you purpose to ask me any questions ? sh. daniel . no sir ; you have leave to say what you please , and shall not be interrupted unless you upbraid the government . sir t. armst . sir i thank you : but i shall not say any thing by way of speech to the people . pray take this paper , which contains my mind ; and i desire no other person may ask me any question . i desire you to make way for dr. tennison . ( which was done , and then they went together into the cart. ) sir t. arms . mr ▪ sheriff , i have given you a paper , and that will set forth my mind ; that is all i have to say . turning to dr. tennison , he said , sir , i desire you to pray with me . dr. tennison's prayer . almighty god , with whom do live the spirits of just men made perfect , after they are delivered from their earthly prisons ; we humbly commend the soul of this thy servant into thy hands , as into the hands of a faithful creator , and most merciful saviour , beseeching thee it may be pretious in thy sight . wash it , and sanctifie it by the blood of the immaculate lamb , that taketh away the sins of the world ; that whatsoever defilements it may have contracted , in this miserable , sinful and naughty world , through the lusts of the flesh , or the wiles of satan , being purged and done away , it may be presented pure and spotless before thee . and now , o holy and most merciful saviour , thou most blessed judge eternal , suffer him not , suffer him not at his last hour , for any pains of death to fall from thee . support him by the assistance of thy spirit in all agonies of soul and body at his last moment ; and teach us by this , and all other spectacles of mortality , to number our days , and to apply our hearts to that holy and heavenly wisdom whilst we live here , which may bring us hereafter to everlasting life , through jesus christ our lord. our father , &c. the grace of our lord jesus christ , the love of god the father , and the fellowship of the holy ghost , be with us , and in a particular manner with this thy servant , now in the minute of death , and in the day of judgment amen , amen . come lord jesus , come quickly . now sir , commend your self to god by your private devotions , make your self ready , and then let that be the last thing you do . sir t. arms . sir , i hope in god my sins are pardoned , and i do pray for it heartily . i forgive the whole world all offences they have committed against me . dr. tennison . i pray god shew mercy to you , as you express charity to them . then sir thomas kneel'd down and prayed , and afterwards thanked dr. tennison for his great care and pains with him . and then he turned to his servant , and desired to be remembred to his wife and children . the paper he delivered to the sheriffs . i thank almighty god , though i have had but a short time allowed me , i find my self prepar'd for death , and my thoughts set on another world , and trust in god , well weaned from putting my heart on this ; yet i cannot but give so much of my little time to set down in writing my answers to some calumnies raised since my close imprisonment , as well as what mr. attorney accus'd me of at the bar : i was told a very great person says , i was a spy of cromwel's . i have been sent from england by the best and considerablest friends the king had then , with bills of exchange for his majesties use , and letters of very great importance to his majesty then at bruxels ; i appeal to his majesty , if i deliver'd them not safe to him , and his answers too when i return'd ; which i had not been above six days , but i was clapt up ten weeks a close prisoner in the gate-house , and in no small hazard of my life for that journey ; before this time , i had been a whole year at least in lambeth-house a prisoner , and after both these times a prisoner in the tower , when the usurper died , and near starving in every one of them : very ill treatments for a spy and pensioner ; my lord of oxford , and many others of quality will , i think , testifie my innocency in this point ; i protest before god i was never a spy to cromwel , or any other man. o● saturday last i was brought to the kings-bench bar on an outlawry of high treason , i was asked what i had to say for my self , that judgment of death should not pass ; i was beyond seas when the outlawry came out , i thought a writ of errour to reverse it the law allowed , i prayed i might be allowed a tryal for my life according to the laws of the land , i urg'd the statute of edward the th . which was expresly for it , it being within the twelve months allowed by that statute ; it signified nothing , i was with an unordinary roughness condemned , and made a president , tho' mr. holloway a little before had it offered him ; i cannot but think all the world will conclude my case very different ; else why refused me ? mr. attorney said , i was accused for being one of those that was to kill the king as he came from newmarket , after the fire , i take god to witness i never had any design , nor ever had such a thought to take away the king's life ; neither ever had any man the impudence to propose so barbarous and base a thing to me ; neither was fever in any design to alter the government of england : what i am accused of more , i know no otherwise than by reports and prints , which i take to be uncertain ; so that it cannot reasonably be expected i should make particular answers ; if i had been tryed i could have proved my lord howard's base reflections on me to be a notorious falshood ▪ for i know there is at least ten gentlemen , besides all the servants of the house , can testifie i dined there that day . i have lived , and now die of the reformed religion , a true and sincere protestant , and in the communion of the church of england ; and i heartily wish i had more strictly lived up to the religion which i believed ; and i have found the great comfort of the love and mercy of god , in and through my blessed redeemer , in whom i only trust , and i do verily hope , that i am going to partake of that fulness of joy which is in his presence , the hopes whereof doth infinitly please me . i thank god , i have no repining at my heart , for the condition my sins have most deservedly brought upon me ; i have deserved much worse at the hands of god , so that i cheerfully submit to this punishment , as being taken off but a small time sooner . i do freely forgive all the world , even those concerned in taking away my life . as for the sentence of death past upon me , i cannot but think a very hard one , being , i think , denied the laws of the land. to conclude , as i never had any design against the king's life , or the life of any man , so i never was in a design to alter the monarchy . i die in charity with all the world , and therefore i heartily pray god to bless the church of christ every where , these poor nations , the kings majesty ; and i heartily commend my soul , to gods infinite mercy , through my blessed saviour jesus christ . we do appoint robert horn , john baker , and john redmayne , to print and publish this paper , and that none other print the same . peter daniel . samuel dashwood . london , printed for robert horn , john baker , and john redmayne . . the night-walker of bloomsbury being the result of several late consultations between a vintner, judge tallow-chandler, a brace of fishmongers, and a printer, &c. : in a dialogue between ralph and will. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the night-walker of bloomsbury being the result of several late consultations between a vintner, judge tallow-chandler, a brace of fishmongers, and a printer, &c. : in a dialogue between ralph and will. nieuhof, johannes, - . sheet ([ ] p.) printed by j. grantham, london : mdclxxxiii [ ] caption title. attributed to johan nieuhof by wing. 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will. what news ? ralph , why , they say my lord russel walks . will. and do you believe it ? ralph , why not ? may not lords walk as well as other people ? will. that 's not the business — but i perceive you have heard but a piece of the story — you have not heard how the ghost came to be rais'd , nor how he was laid . ralph , rais'd and laid ! — why then i warrant you take it to be nothing but a piece of imposture . will. nothing more certain , — a meer silly , idle , foppish contrivance of a cabal of bigotted papists . ralph , i must confess a bigotted papist is a very sottish sort of animal — but what did this deep design drive at ? will. why , sir , a certain vintner not far from southhampton-square , a well-wisher , you may be sure , to any religion he could get by , had a mind to draw custome to his empty house — for he had a vast prospect of gain from the success of the action — for quo he to himself , the people will cry , whether shall we go ? go ! says another , we 'l go to the hobgoblin that counterfeited the lord russels ghost — for thought he , every body will be glad to see a hobgoblin . ralph , puh — this is some invention of yours to put a trick upon the poor papists . will. an invention of mine ! 't is all about the town — and besides , there is nothing more common among the papists then to counterfeit spirits and ghosts — i find you never read the story of the four monks of bearn in switzerland , that were hang'd for counterfeiting the virgin mary ; not of the country curate that lay with his neece in the shape of st. barbara . but the fryer had not so good luck : for he living in a young widows house , would fain have frighted the young widow into his lascivious embraces — and to that purpose haunted her chamber every night in a winding-sheet : but she being a woman of mettle , hid a friend of hers privately in her chamber , that gave the spirit such a severe cudgelcorrection , as made him quickly beg quarter for his bruised bones . ralph , but all this while , where was the profundity of the design ? will. the profundity of the design was to put the lord russels speech upon dr. burnett — and of this they were resolv'd to have an acknowledgement out of the lord russel's own mouth . ralph , that was hard to do , when his head was cut off . will. oh — but though the head of his body was cut off , the head of his ghost was still on — however , tho' it be not to be deny'd , that a spirit without a head has a very brisk motion , yet the committee were not so cunning , as to know how to bring his ghost out of buckinghamshire into bloomsbury-square — and therefore another expedient was to be found out — the committee was extreamly puzl'd to find out this expedient , till the vintner , inspir'd no doubt with his own pipes and tierces , had it presently in his pate — quo he , ladies and gentlemen , why may not i act a ghost , as well as matt. medbourn ? ralph , frolick for frolick now , it would be a very good humour to indict this vintner upon the statute of jacob . . for endeavouring to personate the lord russels ghost , on purpose to procure an acknowledgement contrary to his will and consent . will. faith sir , the very action it self procur'd him punishment enough , to be well drub'd , and two such lovely forehead marks of knave and fool , that ten fountains , with all the soap in the city , will never wash off . ralph , pardon me , sir , i have a greater opinion of the vintner , and that he acted what he did in the imitation of theseus and eneas , who both went to visit pluto's dominions ; but this same vintner undertook to be even a tormented inhabitant of the lower shades himself , to advance the popish interest , which was much a more daring deed then that of theseus . the vintner had listed himself in hell , which theseus never did . will. ay — but theseus was theseus ; theseus kick'd proserpina's dog before her face , in her own dining-room ▪ but this bugbear of a vintner suffer'd himself to be thrash'd like any mortal coward , and yet the fool had not the wit to vanish . — they say , had the earth yielded never so little , the first blow the beadle hit , had struck him down to the place from whence he pretended to come . ralph , but can you tell who hatch'd this chicken of a design ? will. politick heads , sir , politick heads — very politick heads — and of both sexes too i assure ye . ralph , i must confess , i admire neither of their ingenuities ; and as for the women , i find 'em much more famous for the crafty carrying on a love intrigue , or concealing their private enjoyments , then in managing hobgoblin plots . will. sir , i do tell ye , this committee consisted of several persons male and female — imprimis , the man of the house , and his wife , chief presidencess of the council . in the next place , two fishmongers in bloomsbury , if you hunt after the name of the one , you may easily find it : the other a most rude and ungraceful acknowledger of the lord russel's former favours , as who had all along serv'd his table from his own shop ; his grandfather seems to have bin the son of tomlins . ralph , these fishmongers , sir , were notably drawn into this conspiracy — 't was emblematical — for as great undertakings require great silence , so none more likely then fishmongers to bear the proverb always in mind , as mute as a fish . will. the next was a tallow-chandler , who , tho' he live by the night , takes his name from noon-day . ralph , why that was it that spoil'd the whole plot , to engage a tallow-chandler in deeds of darkness . will. oh sir , but he was to have been a witness — and none so fit to be witness as a man of light — besides , sir , he was to attend the hobgoblin , and none so fit as a tallow-chandler to hold a candle to the devil . but observe how the tallow-chandler was match'd ; for the other witness was to be a papistical printer in the neighbourhood . ralph , there y' are right again — for if the truth should chance to slip out of the chandlers memory , the printer had always a register ready to refresh it . will. by what i hear , there 's no such need of rubbing up the tallow-chandlers memory . a my word sir , y are got into pleasant company — here 's a vintner acts the devil — and a tallow-chandler acts a judge — and judges sir , are no fools to have their memories rub'd . ralph , who the devil made the tallow-chandler a judge ? will. wine and fat venson , sir , at the crown-tavern in bloomsbury ; for there it was that the tallow-chandler , a witty jocose droll of a tallow-chandler , finding there was something to be done to gratify the company ( for it was at a publick venson-feast ) took upon him the dignity of the coife , and causing mr. hamden to be arraign'd before him , mercilesly condemn'd him to be hang'd . ralph , what had the tallow-chandler to do with mr. hamden — surely he is to stand or fall by another sort of judicature then six i' th pound . will. oh sir , 't was done to please a brace of reverend justices that were stewards of the feast — and such frolicks as these , lord sir , you cannot imagin how they digest venson pasty pudding-crust — there are some people so hot , that you would admire they do not melt their grease , and get the scratches with galloping after such fancies as these . ralph , and yet when this tallow-chandler serv'd mr. hamden with candles , he did not scruple to take his money , notwithstanding he might not then be of his severe judges present opinion : and therefore there is some hope yet left , that mr. hamden may sweeten up his judge into a reprieve , upon a promise of laying in his winter store out of bloomsbury . will. there was an apothecary too , whose spleen was extreamly tickl'd at the conceit of their design . repute makes him a person of a bulky stature , famous for the beauty of his wainscot lady , and the wit of his son , whom he teaches to curse the d. of m. ralph , why truly , this pothecary is highly to be applauded for his loyalty : for to shew the exquisiteness of his allegiance , he sends his child to the devil to confirm it . will. there were several others that met at two or three of these consults , that have open'd their purses to save their reputation . ralph , i am not apt to believe , that people who concern'd themselves with such a ridiculous sham as this , had much reputation to lose ; and therefore their peter-pence were ill bestow'd . the proverb is , discover , and shame the devil . will. that never could be better don then by the dress with which they disguis'd him : for certainly all the fools and zunies in bartholomew-fair were never so quaintly rigg'd , as this same hob-thrush of a vintner was equipped to act his tragick-comedy . ralph , as how ? will. first they hung about his neck a large night-rail , which the gentlewoman of the house lent him out of her zeal . ralph , most enigmatical , problematical , emphatical , and emblematical — for a night-rail being a kind of a cloak , was most proper to cover a piece of knavery . will. to hide his lower parts , the fishmongers lent him their aprons . ralph , more enigmatical still — for fishmongers being men of lent and fasting days — the fishmongers aprons were to put the ghost in mind of his sorrow , contrition and repentance , for owning a speech that was none of his own . will. by your favour , sir , here 's a breach of an act of parliament discover ▪ d , to bring a spirit ▪ out of his grave in linnen , whereas the ought to have appear'd in crape ; and being a lord , in lac● crape too . ralph , well ! but what had the goblin about his head ? will. his head was muffl'd up in a white dlaper napkin — to shew that the letter was diaper'd with the inventions of several writers , and not of one plain woofe . ralph , shame saw the luggs on 'em , for a company of dotards — as if the devil were grown as fantastical as the french , to change his old fashions — now the old fashions of ghosts , ever since i heard of ghosts , was always the same , a winding-sheet with two knots , and a taper in the spirits hands , with which the chandler might easily have furnish'd the devil . or if the spirit must needs rise in the same cloaths he was bur●● , the cab● had much better ha' 〈…〉 b'd for a new crape funeral suit — i would ha' serv'● the goblin of a vintner ▪ another time , when the juice of his own lime-fa●● had burnt up his liver . i 'le undertake there 's ne re ▪ a booth in pork● 〈◊〉 would have dressed ▪ up a hobgoblin more artificially than such a consultation of ninny-hammers — but when the devil was thus betrumpery'd , what did he do ? will. in this mere-maids attire , he went attended with the two fishmongirs for his guard , and the chandler and printer were to be witnesses they saw the apparition — at length , when he came to his posts , as the contrivers had laid it , ▪ t is to be supposed , near the house where the lord russell liv'd , he fell a groaning like an oxe at the first sticking ; nay , he groan'd even like the groaning-board it self ; and after a short preamble of lamentations lewdly uttered , he cryed out , oh — i have no rest because of the speech that i never made , but dr. burnet . ralph , there 's no fear on t ' , but he 'l be taught to groan better when he comes to groan for himself . one would have thought he should have practis'd the art of groaning more accurately before he went to groan upon such an occasion as this — he should have groan'd as if he had been groaning for his life , that had taken such a part upon him — but it seems he rather fell a braying , then a groaning , and so discover'd himself — for upon the noise , as some report , or at least as the goblin deserv'd , one of the watch coming up to him , and perceiving by his shoes , that he had no cloven-feet , can't ye be quiet , quo he , in your grave ? i 'le make ye quiet ; and with that , gave him such a palt o' th pate and the thigh , as quickly chang'd the colour of his ghostly habit. ralph , i' good faith , the watchman did more then all the comittee could do — for they only strove to make him a faigned goblin , but the watchman made him a real raw-head and bloody bones — a catastrophe that such an enterprize justly deserv'd — but what became of poor raw-head and bloody-bones ? will. the now real goblin was forc'd to confess his name , and the names of his associates , and to chear up the watch with drink and money for the fright he had put 'em in , and so they let him go , to groan forth his own lamentations to the gulls that set him at work. ralph , well , i will say nothing of the speech one way nor other , but sure it was an act neither generous nor christian-like , to raise up an impostor to disturb the silence of a gentlemans grave that had paid his last debt to justice . will. barbarous and papistical , which is as much as needs be said of it . finis london : printed by j. grantham , mdclxxxiii . a proclamation indicting a solemn and publick thanksgiving throughout the kingdom of scotland to be kept upon the ninth of september next, for his majesties safe delivery from the late phanatical conspiracy against his majesty, his royal highness, and government. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation indicting a solemn and publick thanksgiving throughout the kingdom of scotland to be kept upon the ninth of september next, for his majesties safe delivery from the late phanatical conspiracy against his majesty, his royal highness, and government. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by the heir of andrew anderson ... by george croom ..., edinburgh : re-printed at london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . rye house plot, . proclamations -- great britain. broadsides -- scotland -- edinburgh (lothian) -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation , indicting a solemn and publick thanksgiving throughout the kingdom of scotland , to be kept upon the ninth of september next , for his majesties safe delivery from the late phanatical conspiracy against his majesty , his royal highness and government . charles by the grace of god , king of great britain , france and ireland , defender of the faith , to our lyon king at arms and his brethren heraulds , macers , pursevants , and messengers at arms , our sheriffs in that part , conjunctly and severally , speically constitute , greeting ; to all and sundry our good subjects greeting ; forasmuch as almighty god in his great mercy , and by his wonderful providence , hath brought to light , defeated and confounded a most un-natural , traitorous and diabolical conspiracy , contrived and carried on by persons of phanatical , atheistal and republican principles , for taking away of our sacred life , and the life of our dearest brother james duke of albany , subverting of our government , and involving these kingdoms in bloud , confusion and miseries ; concerning which treasonable conspiracy , we have emitted our royal declaration to all our loving subjects , at our court at whitehall , the th . of july last , in this th . year of our reign , which we have ordered to be re-printed here . and we being deeply sensible of the humble and grateful praises and adoration , we owe to the divine majesty , for this great and signal instance of his watchful care over us , whom he hath so long preserved , and so often dilivered by miracles have out of our religious disposition , readily approven of an humble motion made to us for commanding an solemn and general thanksgiving , to be religiously observed throughout this whole kingdom , to offer up devout praises and thanksgiving to almighty god , for this eminent and miraculous deliverance granted to us , and in us to all our loyal and dutiful subjects ; as also , fervently to pray that god may continue his gracious care over us , and his mercies to these kingdoms , and more and more bring to light , defeat and confound all traitorous conspiracies . associations and machinations against us , our dearest brother and government ; we with advice of our privy council , have therefore thought sit by this our royal proclamation , to indict a general and solemn thanksgiving , to be observed throughout this kingdom , that all our loving subjects may offer their devout praises and gratulations , and their fervent prayers and supplications to almighty god for the purposes foresaid ; and we strictly command and charge , that the said solemn thanksgiving be religiously and devoutly performed by all our subjects and people within this our kingdom , upon the ninth of september next and to the end this part of divine worship so pious and necessary , may be uniformly and at the same time offered by all our loving and loyal subjects ; we thereby require the reverend arch-bishops and bishops to give notice hereof to the ministers in their respective diocesses , that upon the lords day immediatly preceeding the said th . day of september next as also upon the said th . of september they cause read and intimate this our royal proclamation from the pulpit in every paroch church , together with our foresaid declaration , dated at our court at whitehall as said is , and that they exhort all our subjects to a serious and devout performance of the said prayers , praises and thanksgiving , as they tender the favour of almighty god ; and the safety and preservation of our sacred life and government ; certifying all such as shall contemn or neglect this so religious a●● important a duty , they shall be proceeded against , and punished as contemners of our authority , and as persons highly disaffected to our person and government . and ordains these persents to be printed given under our signet at haly-rud-house , the seventh day of august , one thousand six hundred eighty and three . and of our reign , the thirtieth and fifth year . per actum dominorum secreti concilij . will. paterson . cls. sti. concilij . on wednesday the th instant the above mentioned proclamation was proclaimed in manner following at edinburgh . . the ordnarie city officers two and two , with halberts bareheaded . . two city trumpets in liveris , founding barheaded . . two persons bearing the sword and mace barheaded . . the lord prouost . . the city baliffs ( or sheriffs ) and whole council two and two in their robes gowns and other formalities . . the macers of the session with their gowns and maces . . two macers of his majesties privy council . . four trumpets in his majesties liverie sounding . . the pursuviants and heraulds with the lyon depute in their coats dissplayed . . the clarks of the council walking two and two in which order they proceeded from the town council-house , to the mercat cross , where a stage was erected for them and guarded by the town company all in yellow coats lined with black. the lyon depute heraulds pursivants , macers clerks and trumpets assended the cross , which was richly coverd with tapistrie , where the proclamation was read by sir william paterson , one of the clarks of the council and by the lyon depute proclamed , all persons whatever being uncovered , and when ended the guns from the castle were discharged and the auditors with repeated shouts cryed out . god save the cing edinbvrgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno. dom. p -re-printed at london , by george croom in thames-street , over against baynard's castle , . the tryal of capt. thomas wallcot for high-treason in conspiring to compass the death of his majesty, and to subvert the government who was tryed this th of july at the sessions-house in the old-bayley, and there found guilty of the said high-treason : being an impartial relation of the most materials during the said tryal : as likewise what occured in relation to james duke of monmouth, ford lord grey, and others. walcot, thomas, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal of capt. thomas wallcot for high-treason in conspiring to compass the death of his majesty, and to subvert the government who was tryed this th of july at the sessions-house in the old-bayley, and there found guilty of the said high-treason : being an impartial relation of the most materials during the said tryal : as likewise what occured in relation to james duke of monmouth, ford lord grey, and others. walcot, thomas, d. . england and wales. court of oyer and terminer and gaol delivery (london and middlesex). sheet. printed for langely curtis, [s.l.] : [ ] reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng monmouth, james scott, -- duke of, - . rye house plot, . trials (treason) -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal of capt. thomas wallcot , for high-treason . in conspiring to compass the death of his majesty , and to subvert the government . who was tryed this th . of july , at the sessions-house in the old-bayley , and there found guilty of the said high-treason . being an impartial relation of the most materials during the said tryal . as likewise what occured in relation to james duke of monmouth , ford lord grey , and others . this day the session of oyer and terminer began in the old-baily ; where after some proceedings against felons , &c. the grand jury for london found the bills of high-treason against james , duke of monmouth , ford lord gray , captain thomas walcot , john rouse , william blake , william hone , and divers others ; whereupon the four last , viz. walcot , rouse , hone , and blake , were brought to the bar , and there severally arraigned for high-treason , in conspiring the death of the king , &c. after which , captain thomas walcot was alone brought to his tryal , and having put himself upon god and his country , was ordered to look to his challenges , as the jurors came to the book to be sworn , of which he excepted against about ten or eleven , and the kings counsel against one . the court having thus far proceeded , the indictment was read , the substance of which , was , that he thomas walcot , the prisoner at the bar , had on the second of march last past , and at divers other times , conspired with many traytors , whose names were therein recited , in the parish of st. nicholas bashaw , and in sundry other places , to depose the king from his right and title to the kingdom of england , &c. and not onely so , but him to assassinate , and to final destruction , and to subvert the government , to raise rebellion through the land , and a miserable slaughter to make amongst his subjects throughout the kingdom and that in order thereunto , he had provided arms , as blunderbusses , muskets , pistols , &c. after this , mr. north one of the kings counsel , opened the nature of the fact , also what particulars the evidence were to give , and declared the haniousness of the fact ; being seconded by mr. attorney general , who at large declared the conspiracy , as it was laid in all or most of its circumstances ; how , according as the evidence had deposed in counsel , it was contrived , mannaged , and carryed on . and after him , mr. serjeant jefferies laid down such material points as the other had omitted , aggravating the haniousness of the crime , declaring and laying open at large , the damnable treason and conspiracy , desiring the jury well to consider the waight of the cause they were to determine ; and adding , that if the several particulars were proved against the prisoner by the witnesses for the king , who had been for the most part privy to the whole design , they would like good english-men and christians , find the traytor guilty . the kings council having layed open the indictment , the evidence were called ; the first was colonel rumsey , who deposed , that for a considerable time past , there had been a design carryed on by divers disaffected conspirators , against the life of his sacred majesty , and that in order thereto , divers consults had been held , and sundry devices proposed , to bereave his majesty of his life , and crown ; and that at most of those consults , captain walcot had been present , and consenting to the models layed and designed , to effect the horrid treason , to raise a rebellion throughout the nation , to root out the legal line , and repose the power in the people . nay , so far had they proceeded , as to settle a form of government amongst themselves , and appoint rulers and officers to manage the affairs , relating to government ▪ and computed what numbers might be raised in such places , where the conspirators had most intrest , . at least , being to be raised in wapping . but whilst this device was in hand , another was thought of , which was to assassinate the king , in his return from new-market , the last time he was there ; the conspiracy and plot to bring it to pass being thus layed , several persons were to use their interest , to raise men for that purpose , who were with carbines , musquets , pistols , &c. to be armed , and lye in ambuscade in rumbold the malster's house , near h●dsdone , and to send several persons in country habits to over-through a cart , to stop the passage of a lane , the king's coach was to pass ; upon which designed stop , about fifty men well appointed , were to have sallyed out , rumbold being appointed to kill the king , and the duke of york : others to kill the horses , coach-man , and postilion , and the prisoner , with a commanded party , ro fight the guard himself ; as he declared to the evidence , thinking it the braver part of the action , as thinking it beneath him to assasinate a naked man ; but this plot miscarrying by reason of the fire , divers other projects were laid to take away the life of his majesty , the conspirators meeting frequently to consult how to bring about their pernicious design : all which by the discovery , were frustrated . the next evidence that deposed , was mr. keeling ; who declared , that he had been privy , for some months past , to the conspiracy , and had been at divers consults , wherein the destruction of the king was proposed and agreed on as the only expedient to further their purpose ; and that by goodenough , and others , he had been solicited to raise men for the new-market expedition ; which he at first boggl'd at ; and that at sundry times the prisoner had been at the said consults , and approved of the proceeding , himself being to have a principal command , and to be aiding in the assassinating the king ; and being by the court demanded what induced him to discover ? he declared , it was the secret impulse of his tormented conscience , which would not suffer him to rest till so great a wickedness was made known . this being the substance of his depositions , mr. bourn was sworn , who gave evidence in effect to what the former had deposed : then mr. west stood up , and declared the manner of the contrivance of the plot , together with the several declarations that were to have been disporsed it the design had taken effect ; also the many other wicked designs to take away the life of the king , as at the play-house , bull-feast , and upon his comming from windsor in his barge ; declaring that he had bought arms for that purpose , with many other circumstances ; charging the prisoner in particular . there were likewise two letters under his hand proved in court , one to sir lyonel jekins to implore the pardon of his majesty , in lieu whereof he promised to discover the whole design layed in england , ireland , and holland ; which , as he said , none could do better than himself : another was intercepted by captain richardson , directed to a friend of his , to perswade collonel rumsey , and mr. west , to be tender of him in their evidence ; to these possitive evidences , his answers were for the most part but feeble ; he alledging himself indisposed of the gout at the time it was alledged he went to see how fit rumbold's house was for the purpose , and the impossibility of his bringing such things to pass as were sworn against him ; yet confessing that he had often associated himself with the conspirators , but hoped though he had some knowledge of the design , that it would amount to no more than misprision of treason ; but being confuted of his error by the court , after the evidence was summed up , and the charge given , the jury , after a short debate , found him guilty of the treason as in the indictment layed . printed for langely curtis , at the sign of sir edmund-bury godfrey's head , near fleet-bridge : considerations upon a printed sheet entituled the speech of the late lord russel to the sheriffs together, with the paper delivered by him to them, at the place of execution, on july . . l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) considerations upon a printed sheet entituled the speech of the late lord russel to the sheriffs together, with the paper delivered by him to them, at the place of execution, on july . . l'estrange, roger, sir, - . p. printed by t.b. for joanna brome ..., london : . reproduction of original in union theological seminary library, new york. attributed to sir roger l'estrange. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . rye house plot, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion considerations upon a printed sheet entituled the speech of the late lord russel to the sheriffs : together , with the paper delivered by him to them , at the place of execution , on july . . london , printed by t. b. for joanna brome at the gun in st. paul's church-yard . mdclxxxiii . to the reader . [ it is better to obey god , then man ] says the text. [ it is better to obey the devil then god ] says the comment . and are not those people now in a happy state , d' ye think , that know not one step of the way to heaven themselves ; and have such interpreters for their guides ? this is the true form of godliness that denies the power of it ; and this the principle , that , wherever it takes root , loosens the foundations of civil government , and obedience ; and makes way for the erecting of a kingdom of darkness upon those ruines . there 's a great deal in that same old adage ; [ where god has his church , the devil has his chappel ; ] for religion is as well the pretence of the worst of men , as it is the duty , and business of the best . where satan cannot prevail for idolatry , he 'l content himself with heresy , and schism ; and with the dashing of one altar against another . where he cannot overthrow the very ground of our faith , he 'l compound for liberty of conscience ; and some plausible ways of disguising it . next to the setting up of a false god , is the begetting a false opinion of the true one ; which is almost an equivalent ; onely the one's a material ; and the other 's a notional idol : the one's the work of our hands ; and the other of our imagination . at this rate , it is , that we confound realities , and apperances ; fancy , and conscience . this may look perhaps as if i were quite running away , both from my reader , and from my business : but i am , in truth , upon the very point of my subject . what was it that ruin'd that vnhappy lord , ( whose case is the argument of this paper ; and whose unhappy fate , i lament from my soul ) but the being bigotted into this principle ? and what kingdom , or government , where it obtains , is able to stand against it ? if lucifer himself were let loose , he would preach upon that scripture of mat. . . and pervert the text. this doctrine of resistance in case of religion , is the source of all our feares , and jealousies , seditions and conspiracies ; men that are drunk , will sleep themselves sober again . we have bedlams for lunaticks . gibbets , pillories , whipping-posts , and jayles for common criminals : but there 's no discipline , no cure for enthusiasts . is religion at stake ? bring in [ a bill against the duke of york to disable him from inheriting the imperial crown . ] is popery the question ? come to a resolution immediately , [ that if his majesty shall come by any violent death , ( no matter who kills him ) it shall be reveng'd upon the papists . ] is there a popish plott ? 't is but the bricoling of a true protestant association , that upon the false bound shall play upon the government . and then we are to consider again , that this proposition is not only an incentive to a rebellion , and a justification of it ; but it makes the concealment of the conspirators as much a point of conscience , as the treason it self . and how ridiculous then is the pretence of defending that by force , which no force can reach ? i never heard of any mans religion yet that was taken away upon the pad . vpon this maxim is grounded all that is mischievous , or dangerous , in the subject of these considerations ; and i have done what i thought my duty to do in the exposing of it . these papers had come out sooner , but that i was trick'd into a delay : but julian is in the bottom on 't ; and i 'le forgive any man that stands up for his author . considerations upon a printed sheet , entituled the speech of the late lord russel to the sheriffs , &c. i have not set pen to paper upon this subject , without first consulting all the points of decency and duty , which i thought might properly fall within the limits of this discourse : as the honour of a noble family ; the quality and misfortune of an eminent person , together with matter of common respect to truth , justice , christian charity , candor , and good manners : having no other end in these considerations , then to do a fair and necessary right to the government , within that compass ; i call it a right to the government , because there is not one sound part in the whole body of it , from head to foot ; if this paper may be credited : and as the business has been managed and improved , [ the cry of innocent bloud against oppression and injustice , ] would have been a title much more suitable to the air and drift of it , then that which it now bears . it carries the face indeed of the testimony of a dying man : but yet if a body considers either the style , the scope , the declarative , or the confessing part of it , there 's nothing less in 't : not so much as one period , without a starting-hole , where there lyes any stress upon the truth , either of the intention , or of the fact in question : now for this vein to run quite through it in a constant course of reserve , mystery and disguise , there needs no more to prove , that it was designed for an amusement : for methods never come by chance ; so that the artifice is not wholly to be neglected ; and yet i shall not lay more weight upon 't than the thing will bear . the two points in consideration are the speech and the paper . now some will have it , that though the speech was certainly my lord russels , there may be some doubt yet concerning the paper that went along with it . and this conjecture they ground upon the ambiguities that occur , both in the title , and in the speech it self , which they reason upon , after this manner . the title , they say , tells us barely of the delivery of it by my lord russel : and then in the speech , there is not one syllable more , concerning the paper so deliver'd than these numerical words [ mr. sheriff , i have set down in this paper all that i think fit to leave behind me . ] my lord does not first read this paper to the sheriff , and then own it . my lord does not say [ mr. sheriff , the contents of this paper are true , in the whole , and in every part of it , so help me god. ] my lord does not say , [ mr. sheriff , i do here deliver this paper to you upon my death , as the truth , and the full truth of my case . ] but my lord says , [ i have set down in this paper . ] which setting down imports no more than the simple writing of it : and so goes forward [ all that i think fit to leave behind me ] which might have been as well said , in this case , if the paper had been an act of parliament , instead of the testimony of a dying man. and what 's the meaning again of [ all that i think fit ] in this place ? these words by a scotch figure , may signifie , as the reader pleases ; either any thing , or just nothing at all ; but however at a venture , a man may conclude that there is something more yet , which he does not think fit to set down ; and that , for ought any body knows , may be all that is worth setting down ; or ( which is the same thing ) all that the reader will find missing in this paper . and then , why [ leave behind me ? ] ( they say ) unless in the literal sense , that i do not carry it with me ; for there 's no attestation , annex'd to 't ; no solemnity of acknowledgment or protestation to accompany the delivery of it ; no circumstance to make it a memorial of any thing more than the transferring of the paper out of one hand into another ; insomuch , that the matter lies at fast or loose , whether this paper shall be reputed my lords act or no. my answer is , that this paper was written by my lord , subscribed by my lord delivered by my lord ; and that by these visible solemnities it became my lords act. it was manifestly my lords intention that it should be taken for his act ; and it is but common justice to allow and to understand it so to be . it has been likewise published and made use of by some of my lords nearest relations , as my lords act , and with infinite zeal for his lordships advantage and behoof . now after all these authoritative and punctual formalities of proceeding , there is not any man that has a tenderness for the memory of that unhappy person , but would rather entitle him to this paper , ( how ill contriv'd soever ) than charge him , on the other hand , with double-dealing and mental reservations at his last hour ; as if his dying thoughts had been only taken up with studying how to lead people into the dark ; and to amuse the world with a riddle , never to be unfolded , after the closing of his lordships eyes , till the day of judgment ; but let every man take it which way he pleases , it comes , in my opinion , to the same issue at last ; that is to say , take the speech and the paper , together ; or take them apart , 't is much at one . [ god knows ( says the speech ) how far i was always from designs against the kings person , or of altering the government . ] this passage now according to the sincerity of popular usage and construction is as much as to say , [ god knows it , i was ever against these ways ; ] but then if a man looks at it through a pair of reformation-spectacles , 't is a meer deceptio visus ; and there is nothing at all to be seen ; for a body may be up to the ears in a design , and yet cry out with a safe conscience [ god knows how far i am against it . ] but there follows another clause that seems to come closer a great deal , i. e. [ in the words of a dying man , i profess i know of no plot , either against the kings life , or the government . ] these words , in plain , honest english ought to pass for current , and as good as sterling betwixt man and man ; but he that reads them with a kirk comment , will put them to all touches and tests , if he be wise , before he receives them . [ i never knew of any plot ] would have been much fuller and much homer to the indictment , than [ i know of no plot ; ] for the neck of it is now broken ; and it is no longer in being . and then in the restraining of that disclaimer , to the kings life , or the government ; there 's a salvo left yet for the seizing of the guards , and for the imprisoning , deposing , or doing any other indignity to the king , short of his life . and all this without any change of government too ; for the monarchy is the same still , though the crown perhaps may be translated from one head to another . thus we see , every line 's a snare : but i can never believe , that my lord spake these words with the intention of him that penn'd them , but rather that unhappily he took the paper by content , and without much examining , either the stamp , or the mettle pay'd it out again as he receiv'd it . in one word , somebodyelse prepar'd the poyson , put it into my lords hand for a cordial , and his lordship deliver'd it over to the people : not but that upon the main of my lords tryal , sentence and execution , as the strictness of the method was absolutely necessary , so the process was managed with all possible respect and justice . we come now to the paper it self , which in several places looks liker the character of a primitive christian expos'd to the lyons in a roman theatre ; or that of an unfortunate heroe in the field , than the figure of a person under the double calamity of such a cause and such a sentence . [ i reckon this as the happiest time of my life , tho others may look upon it as the saddest . ] can any man living that has flesh and blood about him , understand this hyperbole according to the letter , especially under the circumstances of such mortal mistakes and miserable illusions ? what could a martyr at the stake , under a guard of angels have said greater than this ? and here 's the arrow drawn to the head again . [ the importunity of my friends , and particularly of the best and dearest wife in the world , prevailed with me to sign petitions , and make an address for my life ; to which i was very averse ; for ( i thank god ) though in all respects i have lived one of the happiest , and contentedst men of the world , ( for now very near fourteen years ) yet i am so willing to leave all , that it was not without difficulty that i did any thing for the saving of my life ; that was begging . ] how strangely has the author of this paragraph mistaken his proportions ! to draw the character of a seraphical , resigning christian from the copy of a stomackful , huffing cavalier , and to talk of the last test of a dying mans religion and profession , as if there were no more in 't than a vain punctilio , upon a point of honour in a sword-man . is it become a shame for a delinquent to acknowledg his fault ? for a condemn'd person to pray for a stop to the execution of justice ? for a subject that by his own confession has done amiss , to beg pardon of his soveraign ? how long has it been a point of either bravery , or conscience , for a man to be so averse to the saving of his life , as to oppose the only proper and possible ( nay the lawful and honourable ) means of preserving it ? a petition in this case , is so far , methinks , from needing , either a secondary motive to the inducing of it , or an excuse for the doing of it , that , without being wanting to himself , his family , and his friends , i cannot see how he could have declin'd it . my lords signing of the whole , has made him become answerable for every part : but these high flights were undoubtedly the strokes of another pen , that took more care to advance and support the credit of a faction than to keep within the bounds of sobriety and decorum , in respect of his lordships state and condition . there are several dashes besides too , that seem to be influenc'd by the same genius ; and written and publish'd with the same design ; and with no more regard neither , to the case of the person , or to the pretence of the paper . [ i wish with all my soul ( says the paper ) all our unhappy differences were removed ; and that all sincere protestants would so far consider the danger of popery as to lay aside their heats , and agree against the common enemy ; and that the church-men would be less severe , and the dissenters less scrupulous ; for i think bitterness and persecution are at all times bad , but much more , now . ] 't is true ; my lords hand makes this clause my lords act again : but he that penn'd it , thought of nothing less , upon the drawing of it up , than my lords bus'ness : for what 's a publick reformation to a private confession ? here 's a gentleman , agonizing in extremis , brought-in with an expedient in his mouth against popery . what 's toleration , comprehension , association , ( for that 's his proposal ) to a man that 's brought to his last miserere ; and upon the critical and final discharge of his soul to almighty god ? here 's a christian under the instant , and the indispensable obligation of forgiving all mankind , brought in ( with his last gasp betwixt his teeth ) arraigning both church and state , with cruelty and persecution . and what 's the severity of the church-men that he complains of ? and what 's the persecution ; but the executing of the laws upon others : and living in a dutiful obedience to them , themselves ? persecution ( he says ) is ever bad , but much more now . ] what an emphatical note is it that this critical [ now ] should be pitched upon for the season of indulging the dissenters ; which they have chosen out for the season of taking possession of the government ? but the humour is carried on ; and there 's a great deal more of the same stuff still . [ for popery , i look on it as an idolatrous and bloody religion ; and therefore thought my self bound [ in my station ] to do all i could against it ; and by that , i foresaw i should procure such great enemies to my self ; and so powerful ones ; that i have been now for some time expecting the worst ; and blessed be god , i fall by the axe , and not by the fiery tryal . ] the first period has in it , the very style , as well as the doctrine of the old covenant . there 's the doctrine of resistance in 't ; with an allowance ( nay and an obligation ) for every man to be seditious [ in his station . ] the second period means , that my lord russel fell under the revenge of the duke of york for promoting the bill of exclusion . this clause had my lords general assent as well as the rest ; but in conscience and in charity , i do firmly perswade my self , that it was gain'd by a surprize , when the disorder of his lordships thoughts , and the shortness of time , perhaps would not bear much deliberation ; for whereas the death of this poor gentleman is invidiously charg'd upon the duke , for his opposing popery ; the duke himself was to have been murder'd ( nay and the king too ) by the pretending anti-papal party ; and it was my lords heavy lot to fall under the fate of that conspiracy . and the bare murder was not all neither ; for those that call themselves the true protestants , were to have done the horrid fact : ( and according to the vote ) to have reveng'd it upon the papists . the pen-man after this , makes the unhappy gentleman to bless god , that he fell by the axe not the faggot ; when yet at the same time , so far was the faction from dreading the king , the duke and the government , that those very people that made the greatest noise with their fears , iealousies and apprehensions were themselves united in a conspiracy to blow up all , in one common ruine . now for the matter of foresight and expectation of mischief ; it is no wonder for men that run desperate courses to live in the apprehension of dangerous effects . [ i did believe ( says the paper ) and i do still , that popery is breaking-in upon the nation ; and that those who advance it , will stop at nothing to carry on their designs . i am heartily sorry , that so many protestants give their helping-hand to it . ] was there ever such a reckoning cast up betwixt the great god and a miserable sinner , and not one moment left to set things right in , betwixt that , and his appearance at the last tribunal ? here 's not so much as one syllable all this while , to my lords case , but only clamours for fear of popery ; invectives against the pretended bringers of it in ; legal protestants turn'd over into the popish calendar ; and all this while , the persecuted persons are the aggressors . god forgive the man , whoever it was ( if he has not sinn'd unto death ) that wrought upon my lord to own this enflaming paper . and i cannot but hope , in charity yet , that betwixt the delivery of it and the stroke , his lordship repented of the temerity , and found a place for mercy . but to spell a little upon these words [ i did believe , and i do still , &c. ] he does not say , upon what grounds ; he propounds no remedy ; offers no proof : we hear nothing by whom it is to be brought-in , or by what means : but it seems , there are both papists and protestants in the confederacy . why does he not tell us who they are , of both sorts ? or if it be only a bare conjecture , methinks the king and his councel should be able to see as far into this bus'ness as the prevaricator : or let it be as it will , i challenge the world to shew any one colourable reason for the printing of it , that 's honest : to give the adviser his due , this paper was never calculated either for my lords cause or service , any further than to make use of his name as a vehicle , to convey the spirits of this venom into all the corners of his majesties dominions . but he goes forward . [ i hope god will preserve the protestant religion , and this nation : though i am afraid it will fall under very great tryals , and very sharp sufferings . and indeed the impiety and profaneness that abounds and appears so scandalously barefaced every where , gives too just reason to fear the worst things which can befall a people . i pray god prevent it , and give those who have shewed concern for the publick good , and who have appeared hearty for the true interest of the nation . and the protestant religion , grace to live so , that they may not cast a reproach on that which they endeavour to advance . ] god deliver me from a confessour , at my last hour , that when i have but one moment left to make my peace with god in , shall put me upon employing that very instant in casting fire-balls into a nation , to set three-kingdoms in a flame : and instead of shrifting my own conscience , to be raking in the puddle of the iniquities of my neighbours . what 's the end of these terrifying alarums , but to gall and teize the people , without any hope of remedy , unless by flying to that damned principle of conditional obedience , to embrue my hands in the bloud of my soveraign ? what 's the english of this same [ publick-good ] here ; appearing [ hearty ] the [ true interest of the nation ] and the [ protestant religion ? ] what is it , but the old cause in a new dress ; and the direct encouragement of a schism , and sedition , against the authority both of church and state ? and then here 's still the never-failing topique at hand , of impiety and prophaneness with a characteristical note of the other party ; as men concerned for the publick-good , hearty for the true interest , and the protestant religion ; under which notion , the shammer of this paper upon my lord , did beyond all controversy , intend the conspirators : for it does not only answer his ordinary description of them ; but he would have told us in plain terms , if he had meant otherwise , or at least he would have cast in as much schism and rebellion into the other scale as would have kept the ballance even . not but that the sedition and prophaneness are now ( god be thanked for it ) come to be both of a side . and here again ; [ what ever apprehensions i had of popery , and of my own severe and heavy share i was like to have under it , when it should prevail ; i never had a thought of doing any thing against it basely or inhumanely ; but what could well consist with the christian religion , and the laws and liberties of this kingdom : and thank god , i have examined all my actings in that matter with so great care , that i can appeal to god almighty , who knows my heart , that i went on syncerely , without being moved either by passion , by-end , or evil-design . ] we are still upon the same train of uncertainties and generals . why should my lord have these apprehensions , by reason of his opposing popery ? when the king , the church , and the laws of the land are against introducing the religion of the church of rome , as much as his lordship : but if the paper means one popery , and the law another ; ( as 't is clear by the context of it , that the church-protestants and the papists are to be blown up into the air together ) the pretext of religion is degenerated into a point-blank sedition : and every man that suffers for treason , shall presently at this rate be made a martyr for the reformation . and again , will the composer of this paper have my lords suffering in this case , to be an argument that popery prevails ; because his lordship foresaw the hard measure he was likely to have , in case it should prevail ? neither will the lawfulness of opposing popery , in any sort , excuse the doing of it by unlawful means . there must be no seizing of guards in the case ; the fear of a false religion is no defence , either before god or man , for the violence of an actual rebellion . how much more forcible then is the condition of our present instance ; where the very men that pretend to fear popery , are so far from fearing it indeed , that it is one branch of the conspiracy to say they fear it : a second , to give it out , that the papists are about to kill the king ; and at the same time , to resolve to do it themselves : and the last round of the ladder , is , by consent , so soon as ever they have executed the villany , to make proclamation that the papists did it . but now we come to the deplorable nicety of my poor lords case ; which , in appearance , seems to be well nigh the single proposition , wherein the confessour and the penitent agreed ; and this was it , which cost both himself and that noble family so dear . popery was to be opposed it seems , but not basely or inhumanely ; the guards were not to be massacred or killed in their beds ; but if the same thing in effect might have been done bravely , and sword in hand , i see nothing in this paragraph to the contrary , but that in substance it might have been justifyed ; for basely and inhumanly are the two only exceptions that i find to the doing of it : and they do tacitly imply a kind of approbation of the thing , provided it might have been done in a way of reputative generosity and honour ; for here 's no regard either had or so much as intimated in that particular , to the laws either of god or of man. there follows indeed a kind of restriction ( by way of a salvo ) that the proceeding ought to hold a [ consistence with the christian religion , and the laws , and liberties of this kingdom . ] and where are we then ? if julian the first and the second ; if apostates , and the common bretrayers of kings , masters and people , shall be made the judges of that christian religion : or hunt and ferguson , the arbitrators of our common rights ? oh how i curse the first minute that ever gave admittance to any of these mutinous and sanguinary levites , any of these popular or seditious boutefeus , under the roof of that honourable house ! hin● ille lachrimae ! for that mistaken principle was the root of all this evil ; and the main incentive , ( i perswade my self ) to the doing of many ill things by the impulse of that delusion : had not a man better have a cloven foot in 's house , then one of these cloven tongues ? the devil , barefac'd , puts a man to his prayers ; he summons up his resolutions , and implores a powerful and a merciful god for his assistance , with a horrour all this while , for the character and the company of his seducer : but in the other case , a man abandons himself to the impostor ; consults no other oracle , but takes his enemy into his arms , and opens his heart for the spirit of errour to enter in , and take possession of him , pins his faith upon the sleeve of his guide , and swallows the ruin both of body , soul and estate , with greediness . he takes the broad way for the narrow , &c. god deliver all honest men out of the clutches of these parasitical and rapacious hypocrites ! the dictator of this paper says , that [ my lord examined all his actings : ] and truly so much the worse , if they were examined by applying them to false rules and measures : and then he vouches for the syncerity of my lords heart , which syncerity avails little too , if it be founded upon a wrong principle : and no purgation at all , neither , of his innocency , in case of an erroneous judgment . now to close this remarque ; the whole paragraph is mystery ; and there may be wrapt under it , what meaning soever the reader shall find reasonable to impose upon it : for a thing may be contrary to the laws both of heaven and earth ; and yet in his sense neither base nor inhumane . julian and hunt , make that which the law calls rebellion , to be consistent with our laws , liberties and religion : and then for the [ examining of his actings ] my lords monitor knows that ravillac did as much ; and in his own private thoughts , approved them too . our regicides here at home , did the same thing , and yet their actions never the better , or the more warrantable for having stood that tryal . we 'l come now to his reflexions upon the bill of exclusion . [ i cannot but give some touch about th● bill of exclusion , and shew the reasons of my appearing in that bus'ness , which in short is this : that i thought the nation was in such danger of popery , and that the expectation of a popish successor ( as i have said in parliament ) put the kings life lik●wise in such danger , that i saw no way so effectual to secure both , as such a bill . as to the limitations , which were proposed , if they were syncerely offered , and had passed into a law ; the duke then would have been excluded from the power of a king , and the government quite altered , and little more than the name of a king left . so i could not see either sin or fault in the one , when all people were willing to admit of t'other ; but thought it better to have a king with his prerogative , and the nation easie and safe under him , than a king without it , which must have bred perpetual jealousies and a continual struggle . all this i say , only to justifie my self , and [ not to enflame others , ] though i cannot but think , my earnestness in that matter has had no small influence in my present sufferings . ] with honour to my lords reasons for the bill ; the best and the truest reason that ever i met with for 't , was this ; that the exclusion of the duke would certainly draw the crown after it ; and that the suppressing of monarchy and episcopacy was the best expedient , that ever was heard of , for the preventing of tyranny and popery ; so that the disease was expresly invented for the sake of the remedy : in the parliament-case , the kings life , it seems , was in danger for the successors sake : and in the plot-case , the successors life was in danger , for the kings sake : there were limitations offer'd ( he says ) but whether syncerely offer'd or not , he makes a question , ( for which his majesty owes him a thousand thanks ) but whether the one or the other , they were however very heartily rejected ; and he gives this reason for 't . they would have left the duke only the name of a king , without the power ; but my lords prompter was resolv'd , that the duke should either have all or none ; and that the heir should be quite struck off rather than the crown maim'd . now upon this consideration ; ( and for the saving of the prerogative , and for the ease of the people , ) the paper-writer absolves my lord from either sin or fault , in the bus'ness of the bill ; forgetting upon set purpose on his lordships behalf , that my lord had promoted the bill before ever these limitations were thought of . touching the influence that my lords earnestness in that matter might have upon his after sufferings ; i shall easily agree with the supposer of it , that there might be something in 't ; for the pro●ect of secluding the duke , was a limb of that design , which afterwards grew up into a form'd conspiracy , and unhapp●ly brought this mistaken lord to his end. but to impute any part of my lords sufferings to the malice of a vindictive spirit , for what he either said , or did , in parliament , would lye open to so many disproofs and contradictions , that there is not place for any man in sound sense so much as to imagin it . my lord most unfortunately fell into a cabal of male-contents ; frequented their meetings ; joyn'd with 'em in their councils . there was a conspiracy carry'd on , which , by the mercy of god was seasonably detected : my lord , with others , apprehended upon it ; brought to a fair tryal , the matter legally prov'd : and his lordship himself , not able to deny the substance of the charge . upon this , he was found guilty , sentenced and put to death . and what 's all this to any court-influence of revenge , for his lordships earnestness about the bill ? but we have taken up an opinion in these late times , as if the putting of an indignity upon the heir of the crown were enough to make a man shot-free , and hard , as they say , and that the edw. . could never touch him after . but as i was saying just now , the faction had two capital designs in contemplation ; the one was the destroying of the duke and the king : and the other was the destroying of the king and the duke . the former was to have been ex●cuted by bill ; and the other by gun-shot . the passing of the bill had absolutely done the work ; but in a way of form , and by wotes and ordinances , which we have found to be every jot as sure , as protestant flayles or blunderbusses . for one disinherison opens a gap to another . and when they have once got the trick of putting by a successor , whom they do not like ; 't is fifty to one , the humour will take them of liking no successor at all ; and so by degrees , there will follow a transition from a dislike of the person to a dislike of the government : and the monarchy it self will be found as great a grievance , as the next heir . when they are once enter'd upon this train of reformation , there will be care taken that we shall never want more work for the tinker ; till the new state-menders may come to have the stopping of those holes that they made themselves : all councellors shall be popish , all ministers and officers , the guards , the militia , and all persons whatsoever in any station of trust and power , they shall be papists or popishly-affected , every man of 'em ; saving such only as shall stand the test of a secret committee . now by this time we are within one remove of a true protestant commonwealth : there is one question that i have put at least half a dozen times already , without receiving so much as the least pretence to an answer : and i shall offer it once again to the consideration of the exclusion-men , let any man shew me one argument , that strikes upon the succession of the duke , which does not equally operate upon the king in possession too . for the same popery that unqualifies the lawful successor for the inheritance of sovereign power , does as well unquallify the present occupant for the exercise of it : as it is an equal sin , in the sight of god , the destroying of a child in the womb , or the squeezing of the brains out when it comes into the world. consider now again , that as the king was to be wounded through the duke , so long as matters were to be carryed on with a countenance of authority , law and conscience ; so the duke was to be now wounded through the king , when they found themselves driven upon a forc'd put , and to the making of an attempt by violence : but still they were both to be destroyed , both ways ; only , vice versa ; the duke to go first in a parliamentary-way : and as hone said ) the king to go first in an assassinating way but wh●●'s all this still to the case of a dying man ? i shall proceed now . [ from the time of ch●sing sh●riffs , i concluded the heat in that matter would prod●c somthing of this kind ; and i am not much surprized to find it fall upon me ; and i wish what is done to me , may put a stop , and satiate some peoples revenge ; and that no more innocent blood be shed ; for i must , and do still look upon mine as such ; since i know i was quilty of no treason ; and therefore i would not betray my innocence by flight , &c. ] it was well judg'd , that the city-ryots would probably [ produce somthing of this kind ] that is to say , conspiracies and resolutions of tumult and rebellion : and the evil genius at my lords elbow , does well enough observe that there was no great matter of surprize in 't ; for my lord that was embarqu'd in the same vessel , to take his part in the same storm . but how comes legal justice to be call'd [ some peoples revenge ? ] or why may not all criminals whatsoever , that fall under the dint of the law , arraign the justice of the nation , upon the same terms ? it does no more hold , on the one side , that the city-heats should make my lord guilty , than on the other , that they should make him innocent ; neither do those distempers , in any sort , fall within the prospect of this question : beside , that this way of reasoning inverts the very nature , and tendency of them : for they are here represented as a subservient medium toward the advancing of a popish interest , when the contrary is as clear as day : and that it was a republican and a phanatical spirit that stir'd up , and animated all those broils ; and that they did it upon such grounds and principles too , as shook the very monarchy it self . but if my lord drew any ill bodings to himself from those disorders , it was by a prophetical foresight of the fatal miscarriages of the sedition that was then a brewing : and of his own unhappy share in the misadventure . we have spoken already to the point of revenge , and we shall speak further to his lordships innocence in the due place ; as to his [ averseness to the betraying of his innocence by flight , ] either the inference is not good ; or else , all those that are fled are guilty . the paper says , that he was [ guilty of no treason , ] but the judges were of one opinion , and my lords councel of another . [ i know ( says the author of the paper ) i said but little at the tryal , and i suppose it looks more like innocence than guilt . ] can it be imagin'd , that my lord did not defend himself as well as he could ? and it is the first time perhaps , that ever saying little to an accusation , was made an argument of a man's innocence : but of this hereafter , and so i shall go forward . [ i pray god ( says the paper ) lay not this [ my condemnation ] to the charge , neither of the kings counsel , nor judges , nor sheriffs , nor jury ; and for the witnesses , i pity them , and wish them well ; i shall not reckon up the particulars , wherein they did me wrong , i had rather their own consciences should do that ; to which , and the mercies of god i leave them . ] here 's a most scandalous defamation thrown out against the kings councel , the judges , sheriffs , jury and witnesses , all at a cast ; though the manage was so fair in all respects , that the justice and patience of the court was acknowledged by the very zelotes of the party themselves : they could not but confess , that the tryals were candid and clear ; they were heard at large ; the proofs indubitable , and seconded by their own confessions . but i must observe again , that this paper makes them guilty , only by a figure , and prays for them without charging them . it prays for the witnesses , [ wherein they did my lord wrong ; ] but he is not pleas'd to reckon up the particulars : nor is it said , that they did him any wrong at all . the penman will not charge my lords conscience with averring any thing that is false ; but he has colour'd it so , as to make the people believe he had wrong done him , and that will do as well . he leaves the particulars , however , [ to their own consciences and gods mercys : ] so that , in short , this paper is only a scotch mist from one end to the other . there 's a bold insinuation of injustice ; but not one syllable in proof , or so much as to colour it . but we 'le put the case now that my lord had really suffer'd all the wrong he complains of ; 't is true , it was the part of a generous christian to close his eyes with st. stephens prayer ; but then the printing of that prayer stands in a direct opposition to the seeming piety and resignation of it ; for it lays innocent blood to the charge of the government : and exposes the administrators of it to the uttermost rage and fury of the multitude , as the most abominable monsters upon the face of the earth ; and all this , without the least thought , hope , or possibility of any other benefit by it , than the tearing of all to pieces , and the making of this paper to do the work of the conspiracy . can any body think that his lordship would not have laid his finger upon the wrong , if he had suffer'd any ? or that if he could ( as he says ) have reckon'd up any particulars , that he would not have done it ? he says in another place ▪ [ i do freely forgive all the world , particularly those concern'd in taking away my life ; and i desire and conjure my friends to think of no revenge . ] these words are only the same prayer with the former , turn'd into sin ( as the prophet david says ) but manag'd another way : and the short english of this ejaculation is a prayer to almighty god to forgive his murderers ; with an intent to cast the guilt of shedding innocent blood now a second time upon the ministers of justice ? and what does the artificial hypocrite that penn'd this paper , but in the very act of conjuring my lords friends to think of no revenge , do all that is possible by this printed appeal , to draw on a publick vengeance from the irritated and seditious rabble and once again now . [ i never pretended to a great readiness in speaking , i wish those gentlemen of the law , who have it , would make more conscience in the use of it , and not run men down by strains and fetches , impose on easi● and willing juries to the ruine of innocent men , for to kill by forms and subtleties of law is the worst sort of murder : but i wish the rage of hot men and the partiality of juries may be stopped with my blood , which i would offer up with so much the more joy , if i thought i should be the last were to suffer in such away . ] this is only a strain and a fetch ( as the paper says ) for the running the same scandal over again , with a little varying the phrase . who are those unconscionable gentlemen of the law ? vvhom do they run down ? what are the strains and fetches ? or where are the easie and willing juries ? the ruin'd innocents ? or the murders according to art ? the outrageous men , and the partial juries ? the people are to understand this to be my lords case , though the author himself has not the face to make it so , either on the one side , or on the other ; and then he has wrought the character too high , in the expression of my lords offering up his blood [ with the more ioy ] instead of the less trouble or affliction ; and concludes with the laying of innocent bloud again to the charge of the government . upon the whole matter , this is only more and more calumny , and iniquity added to iniquity . whoever suggested this dictate to his lordship , might have minded him of those very gown-men and juries , that he speaks of , within the memory of man : and of a time , when people were destroy'd , not only by forms and subtleties of law , but by meer noise and tumult : and to the end , that nothing may be wanting to the filling up the measure of the scandal ; the king himself comes in for his share too , when he prays [ that he may be [ indeed ] the defender of the faith ] implying that he is only so as yet in shew and title . it may be another question now , in what creed we are to look for that faith , which the contriver of this paper would have his majesty to defend : or in what part of dr. burnet's history of the reformation , a body may be sure to find it . [ i have liv'd ( he says ) and now dye of the reformed religion ; a true and sincere protestant , and in the communion of the church of england , though i could never yet comply with , or rise up to all the heights of many people . ] that is to say , i am not of the church of rome in general , not a papist , but a protestant , and a church of england protestant too ; baring , the [ established by law ] college himself went thus far , and yet no body knew what to make of him at last . we have a hundred and fifty several sorts of english protestants , and consequently in his sense , so many communions of the church of england : for all the several sects have their several churches , and when they are put to the touch , every sect denominates it self of the church of england : so that instead of the simplicity of a declaration and confession , we have not hitherto so much as one line , that is not wrapt up in equivocation and mistery : but the only way of expounding his ●ntent in this particular must be by a collation of parts and comparing as we do scripture-difficulties ) one text with another . he complains in one place of bitterness and persecution , and charges the church-men with severity . he reflects in another place upon [ many protestants that give a helping hand to popery , ] now it cannot be imagin'd , that the shame confessor ( whoever he be ) reckons my lord , either among the persecuting , or among the popishly-affected-protestants ; so that there 's no church of england communion left him , but that of the dissenters . and what does he mean again , now , by the [ heights of many people ? ] the standard of a legal conformity is neither higher nor lower , than the established rule and measure : so that upon the unriddling of this clause , the wondrous difficulty terminates in a very plain resolution : i.e. that the protestant hereby intended , is a dissenting member of the non-conforming communion of the church of england . thus far we have had nothing but doubling and shifting : but after a diligent and a careful search for one clear and plain dealing-period or two , that might in some degree atone for the oraculous elusions of the rest ; this is the only point-blank-assertion that i find in the whole paper ▪ [ i shall averr , that what i said of my not hearing collonel rumsey deliver any message from my lord shaftsbury , was true , for i always detested lying , though never so much to my advantage ; and i hope none will be so unjust as to think i would adventure on it , in these my last words , for which i am so soon to give an account to the great god , the searcher of hearts and judge of all things . ] i take this to be the most remarkable passage in the paper , being the only point that my lord delivers upon his death , to be a truth , without power of revocation ; and it is done too , with a solemnity as dreadful as the contemplation of divine justice , and a judgment to come , can make it . all the rest is loose and dubious , and may be taken one way as well as another : but in this , the asseveration is positive and precise , i. e. that [ what my lord said of his not hearing collonel rumsey deliver any message from my lord shaftsbury , was true ] we 'le take it for granted now , that my lord did not hear the delivery of that message : that is to say , a message from the earl of shaftsbury , [ that it was high time to come to some resolution about the rising it does not therefore follow , that because my lord did not hear the delivery of the message , he knew nothing therefore of the contents of it ? his lordship heard the subject matter of the message debated ; and he heard the answer that was resolved upon in return to that message : which was in effect , [ that mr. trenchard was not ready , and therefore they could not as yet go on . ] nay , my lord did not deny the hearing of the answer , but put the question himself at his tryal , [ whether or no he consented to that answer : ] and collonel rumsey delivered upon his oath , that he did both advise about it , treat and consent ; so that it is not the value of a single-hair , ( if there were twenty thousand lives at stake upon it ) whether my lord heard that message delivered or not. what 's the meaning then of laying the stress of his salvation upon 't : he purges himself of no part of his charge by 't , but rather by the frankness of his protestation in a matter of little or no importance , and without leaving himself any room for an evasion , he draws a suspicion upon the candor and clearness of all the rest , for it looks odly to see a man so wonderfully solemn , and particular in one single case , where 't is not a farthing matter whether it be cross or pile : and yet at the same time so dark and doubtful in twenty other instances , where all that can be dear to a man of integrity and honour , is concerned . but the paper it self gives the reason of this different way of proceeding , in saying that my lord [ always detested lying : ] upon which consideration it has distinguished betwixt things true and false , by the peremptory strictness of the one , and the ambiguities and reservations of the other , which is the only key that opens the meaning of this paper . and there 's another thing to be observed , which is , that this very truth was designed as a means to lead the reader into a mistake , as if my lords not hearing the delivery of the message , were sufficient in consequence , to discharge him of the guilt and danger of the consultation . my lords adviser has shewed himself a great master in the doctrin of probabilities , this paper quite throughout . there 's but one plain truth in 't , and yet as the matter is ordered , there is hardly one falsity neither , but it runs altogether in appearance and disguise , like one of your turning pictures that shews you a beast on the one hand , and a man on the other . it was generally noted , that my lord had very little to oppose in his own defence at his tryal ; and his black angel has found out a shift for that too . [ i was advised not to confess matter of fact plainly ; since that must certainly have brought me within the guilt of misprission ; and being thus restrained from dealing franckly and openly , i chose rather to say little , then to depart from that ingenuity , that , by the grace of god , i had carry'd along with me in the former parts of my life : and so could easier be silent , and leave the whole matter to the conscience of the jury , then to make the last , and solemnest part of my life so different from the course of it , as the using little tricks , and evasions must have been . ] i cannot bring the several parts of this clause to a consistence one with another . my lord was advis'd against confessing plainly , franckly , openly . he follow'd that advice ; and in so doing , minc'd the matter , and confess'd not plainly nor franckly , not openly . that is to say ; he confess'd misteriously , and kept himself upon his guard : which , how prudent soever , was yet a departure from the scrupulous dignity of his lordships figure , in this paragraph ; and falls within the compass of the little tricks and chasions which i find in the very same period , condemn'd . but where 's the hurt now , of a man's employing all the honest arts , and methods , for the defence of his life that the cause will bear ? as desiring to know the pannel , for the purpose ; time to consider of it ; liberty of challenges , and the like . but to descend now from this elevated resolution to the very matter of fact ; i dare appeal to the most partial , or rather to the most favourable friend my lord had in the world , whether he thinks that his lordship abated any thing of the defence that he could or would otherwise have made , upon the reason here alledg'd ; of keeping up the congruity of his character , to the end that in his life and in his death , he might be all of a piece . i must take notice again , that it is a very extraordinary way , for a prisoner at the barr to be silent , where he has any thing to say for himself ; and so to clear the whole matter to the conscience of a jury , when in conscience they must necessarily find him guilty , if the proofs reach him ; and that he has nothing to say , to the contrary . and then there 's another foul blot too , in saying , that the [ confession of the fact , plainly , ] must [ certainly have brought my lord within the guilt of misprision . ] that same [ certainly ] has shew'd the world the very bottom of the business ; for what becomes of [ the words of a dying man ] then , that my lord knows of no plot , either against the kings life , or the government ] when here 's a plain confession of the knowledge of a conspiracy , and the concealment of it ? there can be no dispute upon this contradiction , but the denial must of necessity be either false , or double . the one pinches upon a point of honour ; the other looks only like a trial of skill : and so we shall content our selves to cast it into the heap of his other amphibologies . ( i make use of a hard word for a very ill thing , because i would not have the common people understand the meaning of it . ) and it is upon this condition , too , that the reader shall be at liberty to take all his other reservations by the same handle ; for upon the solution of this difficulty , depends the very issue of the question . there remains one slip more yet , wherein the author seems to have overshot himself . there 's a reproach fastened upon his lordships councel , as if they had train'd him into a snare , by misadvising him . 't is true , that the paper does not say expresly , whether they were profess'd gownmen , or particular friends that gave the advice : but yet for the reputation of his lordships prudence , it must be understood of lawyers ; as the only competent directors that my lord could make use of , in such an extremity . who can imagine , now , that any lawyer , ( though never so little skill'd in his profession ) could advise my lord upon fair instructions , and a manifest certainty of what would be sworn against him , to smother , or to extenuate the matter of fact ; least ( as the paper insinuates ) it should be found misprision of treason ? when effectually , this lawyer could have told my lord his doom beforehand : and that it would undoubtedly have been found , not only misprision , but treason it self . in which condition ; my lords councel , would rather have advis'd him to have thrown himself upon the kings mercy . and there is more then a tacit acknowledgment of my lords guilt , in several other parts of this paper : but i 'le take this following passage in my way to the rest . [ as i never had any design against the kings life , or the life of any man whatsoever ; so i never was in any contrivance of altering the government : what the heats , wickedness , passions , and vanities of other men have occasioned , i ought not to be answerable for ; nor could i repress them , though i now suffer for them : but the will of the lord be done , into whose hands i commend my spirit , and trust that thou , o most merciful father , hast forgiven me all my transgressions ; the sins of my youth , a●d all the errors of my past life ; and that thou wilt not lay my secret sins and ignorances to my charge , &c. ] i shall here recommend one special note to the reader : which is , that in five several places ( i. e. twice in the speech , and thrice afterwards ) this paper restrains my lords endeavour to discharge himself from the dint of the indictment , to the express hints , of the kings life , and altering or changing the government . as for example : [ god knows how far i was always from designs upon the kings person , or altering the government : in the words of a dying man , i profess i know of no plot , either against the kings life , or the government . ] and then afterwards ; [ i never had any design of changing the government , &c. ] i would have suffer'd any thing rather then have consented to any design to take away the kings life . ] and so again in the clause last above-mention'd . the hammering of this point over and over , so often , was , undoubtedly , to strike the deeper impression , and to create , in the short-sighted multitude , a stronger perswasion of my lords innocence . but why in the same words still ? and with so cautious , and particular a limitation , to those two articles ; if it were not to accommodate that popular cover to some hidden meaning ? but the fallacy that 's couch'd under [ the kings life ] and [ altering the government ] is expos'd already . it is said here , that my lord had no design against the life of any man whatsoever : 't is hard to imagine a war , and no body to be kill'd in 't : but there 's a salvo for that too ; that the individual person was not thought of . neither do i believe that my lord ever design'd to take away the life of dr. hawkins , though he said in his passion , that [ he hop'd to live to see him flead and hung up . ] that which follows next , speaks my lord privy to a great many ill things ; and it is not enough to say , that he could not repress them ; for they were of such a quality , that his lordship was bound , both by oath , and duty to discover them ; or at the least , in honour , and in conscience , to have avoided a conversation that carried on such dangerous designs . and now to speak one word to that which passes for his lordships last prayer . we have his own acknowledgment of a misprision of treason , and yet not one syllable upon that subject , in his parting confession . but he that wrote this paper is a profess'd enemy i perceive , to the christianity of a clear confession . i hope no body ( says the paper ) will imagine , that so mean a thought could enter into me , as to go about to save my self by accusing others ▪ the part that some have acted lately of that kind , has not been such as to invite me to love life at such a rate . ] a man shall not need to guess twice , who was the author of this sentence ; for 't is written with the very spirit of a carguelite that makes treason , a virtue , and repentance a mortal sin : and my poor lord , in the anguish of his thought , is left here to answer for the lewdness of another man , who , ( notwithstanding the justness of my lords sentence , ) is incomparably the greater criminal . if he ever was , or pretended to be a minister of the gospel , ( for there are julians in black-coats , and more julians then one too ) what could be more luciferian ; then to turn penitence into a scandal ; and to preach it for a point of religious honour , in a christian , not to discover his complices in a rebellion . surely the author of this paper was afraid of being discovered himself ; and therefore inculcates the principle , and recommends it . is it such an indignity , for a man to [ save himself by accusing others ? ] what is it then for a man rather to damn his soul by the perjurious concealment of a traytor ; then by discharging his duty , both to god and to his prince , to lay down this life in hope of a better , through the merits and intercession of a most mercyful saviour ? the pen-man's [ savin of himself , by accusing others , ] is only the false gloss of a reprobated seducer upon the text. and then the instance of his reproach upon the kings witnesses , in this matter , is a farther discovery of the venom of him that gave the dictate . this is a way chalk'd-out , not only for the encouragement , but almost the canonizing of conspirators . here is an acknowledgement however , that my lord could have accused others , if he would . we shall come now to the matter of fact. [ as to the conspiring to seize the guards , which is the crime for which i am condemned , and which was made a constructive treason for taking away the kings life , to bring it within the statute of edw. . i shall give this true and clear account . i never was at mr. shepheard's with that company but once , and there was no undertaking then of securing , or seizing the guards ; nor none appointed to view , or examine them ; some discourse there was , of the feasibleness of it ; and several times by accident , in general discourse , elsewhere . i have heard it mentioned as a thing might easily be done ; but never consented to as fit to be done , and i remember particularly , at my lord shaftsburys , there being some general discourse of this kind , i immediately flew out , and exclaimed against it , and ask'd [ if the thing succeeded what must be done next , but , massacring the guards , and killing them in cold blood ? ] which i look'd upon as so detestable a thing , and so like a popish practice , that i could not but abhor it : and at the same time , the duke of monmouth took me by the hand , and told me very kindly , my lord , i see you and i are of a temper . did you ever hear so horrid a thing ? and i must needs do him that justice , to declare , that i never observed in him but an abhorrence to all base things . ] my lord was charg'd by the indictment of high treason , for conspiring , compassing , and imagining the death and destruction of the king ; and the raising of a rebellion within the kingdom . now this was a consultation in order to that end : and for that which is here call'd a constructive treason , it was much a plainer act of treason then any thing in the articles against my lord chief justice scroggs ; and yet that pass'd for a very current , house-of-commons-treason . the paper says , that my lord was but once at mr. shepheards with that company : mr. shepheard swears it twice , with the same company : but that slip of memory shall go for nothing . there was [ no vndertaking to seize the guards , ] it seems ; nor any [ appointment to view , or examine them . ] that 's because it was not yet come to a resolution : but here 's no denyal at all , of a debate or consultation toward it : the exploit was found [ feisible , and several discourses about it . ] but said only to be in general , and by accident ; is it meant that they mett by accident , and so fell upon discourse only by accident ; and that this particular of [ seizing the guards ] fell in only as an accidental discourse ? this way of disguising the truth is as clear to any man that has eyes in his head , as if it were a plain confession of it ; for if it were meant good faith , the author would have strain'd himself for another invocation of [ the great god , the searcher of hearts , and judge of all things , ] to bear witness to the explicite truth of the case . but [ it was never consented to as fit to be done . ] now that fitness may referr to the time ; the means ; the ways , the instruments . they had not yet pitcht upon a safe , and effectual way perhaps , for the doing of it : but there was [ more , general discourse now of the same kind at my lord shaftsbury's ] and this was a terrible general discourse , for it made my lord immediately fly out , and exclaim against it . i wish the paper had set forth what this general discourse was ; and what the other was too , that fell in by accident ; and whether that general discourse and this general discourse , were not as good as all one : but in short ; such general discourse , it was , that it wanted but one step , of massacring the guards ; or cutting their throats in their beds ; which , the paper says , [ my lord abhorr'd it for , being so like a popish practice ] a presbyterian practice would not have done a miss neither in this place , if a body had had the murder of the late king ; montross ; the arch-bishop of st. andrews &c. in his thought . but shall any man at last be so weak , as to swallow it , that [ did you ever hear so horrid a thing , ] was only an exclamation upon a general and accidental discourse ? all the rest went down well enough , till it came to the cut-throat-part of it . and that was the point that startled them : the doing of the bus'ness , either in a brave , generous way , head to head ; or with cap in hand ; and a complement of loyalty , and respect , to desire his majesty , in these dangerous times , to sign a demise of his three kingdoms , to the vse of the councel of six ; or to a band of associators , for the security of his sacred person , and the protestant religion ; i do not find , ( by any thing i see yet ) that the men of honour ( if the paper-writer might have had his will ) would have boggl'd at such a way of proceeding ; but the doing of the thing basely , was the business ; and the scruple that was made , was upon a point of bravery , not conscience . but to continue the story . [ as to my going to mr. shepheards , i went with an intention to taste sherry ; for he had promised me to reserve for me the next very good piece he met with , when i went out of town ; and if he recollects , he may remember i askt him about it , and he went and fetcht a bottle : but when i tasted it , i said 't was hot in the mouth ; and desired that whenever he met with a choice piece , he would keep it for me which he promised . i enlarge the more upon this , because sir george jefferies insinuated to the jury , as if i had made a story about going thither ; but i never said , [ that was the only reason ] and i will now truly and plainly add the rest . ] by this paragraph , the reader is to be held in hand , that my lords business to mr. shepheards was to taste sherry : and the paper goes about to refresh mr. shepheard's memory , by such and such tokens , the word is [ with an intention to taste sherry ] which in common speech , does fairly insinuate , as if the tasting of sherry had been the chief end of his going ; whereas supposing that to be in his intention , it might be , nevertheless yet , the least part of his bus'ness : and further , the author of this paper has not thought fit to give us any sort of light , what his bus'ness was : nay , mr. shepheard , on the other hand , swears that it was a meeting by appointment , and that there was nothing of the sherry-story in the case . my lord , however , made use of this suggestion at his tryal ; and sir george jefferies reflecting upon it to the jury , this paper undertakes the excusing of one shift with another : the tasting of sherry was one reason , though not the only reason . but we are now to expect a true and plain account of the rest . [ i was the day before this meeting , come to town , for two or three days , as i had done , once or twice before ; having a very near and dear relation lying in a very languishing and desperate condition : and the duke of monmouth came to me , and told me , he was extremely glad i was come to town ; for my lord shaftsbury and some hot men would undo us all : how so , my lord , said i ? why ( answered he ) they 'l certainly do some disorderly thing or other , if great care be not taken , and therefore for god's sake ; use your endeavours with your friends to prevent any thing of this kind . he told me , there would be company at mr. shepheards that night , and desired me to be at home in the evening , and he would call me , which he did : and when i came into the room , i saw mr. rumsey by the chimney , though he swears he came in after ; and there were things said by some with much more heat than iudgment , which i did sufficiently disapprove , and yet for these things i stand condemned : but i thank god my part was syncere and well meant : it is , i know , inferred from hence , and was pressed to me , that i was acquainted with those heats and ill designs , and did not discover them ; but this is but misprision of treason , at most . so i dye innocent of the crime i stand condemned for , &c. ] here 's a short account of my lords coming twice or thrice to town ; and that he had a dear relation lying sick here : but whether he came upon a visit , or upon the bus'ness in question , the paper says nothing . the duke of monmouth complains to him , as above , of my lord shaftsbury and other hot headed men that would spoyl all ; this implyes my lords being antecedently privy to the matter in hand ; for he takes the hint immediately . [ how to my lord ? ] ( says he ) without needing to enquire either what men , or what bus'ness ? the answer was no more in effect then this. there are a company of mad fellows , that will out-run the constable , they will be shewing themselves too soon , and make some bedlam attempt or other , before we are ready for 'em , and then we are all ruin'd . so that it was not the design it self , but ( as this paper represents it ) the rash and imprudent manage , that was taken check at ; and now follows the meeting at mr. shepheards ; which this paper calls [ company ] as if it were a chance company , not a meeting : but mr shepheard speaks of it as a set - company : and mr. rumsey was likewise appointed to meet there . my lords contradicting mr. rumsey in a circumstance without any exception to him upon the main , looks like a tacit admittance of the rest of his evidence . the paper speaks further , of [ things that were said by some , with more heat than iudgment : ] but neither says who spake them , nor what the things were ; but 't is probable they were treason , by my lords disapproval of them : and it would have been well , if his lordship had at least told the things , though without naming the persons . it is remarkable , that the words are [ with much more heat than judgment ] if it had been with much more heat then honesty ; my lords disapproval would have reflected upon the cause ; but with much more heat then iudgment , strikes only upon the indiscretion . the paper thinks it hard , that my lord should be condemn'd for the things which he disapproved , whereas my lord was condemn'd for meeting , consulting & agreeing to raise an insurrection , &c. and it is the law that pronounces the sentence : my lords part , it seems , was sincere , and well meant . 't is a thousand pitties his lordship was not better enformed , for people under a mistake may do the worst things in the world with good meaning . and then methinks [ heats and ill designs ] are too soft a way of expressing such - horrible treasons . the paper calls it dying innocent of the crime my lord was condemned for , and but misprision of treason at the most , in concealing what he was privy to . here is the knowledg of treason implyed , in the misprision of treason confessed ; and there needs not much concurrence with traytors , to make a man guilty of treason . it is to be wish'd my lord would have declared , what sort of treason it was that he was made acquainted with ; whether the imprisoning or deposing of the king : and by what means and instruments to be executed . once again now , and i have done . [ as for the sentence of death passed upon me , i cannot but think it a very hard one , for nothing was sworn against me ( whether true or false i will not now examine ) but some discourses about making some stirs . and this is not levying war against the king , which is treason by the statute of edward the third , and not the consulting and discoursing about it , which was all that was witnessed against me . but by a strange fetch , the design of seizing the guards , was construed a design of killing the king ; and so i was ▪ in that cast. and now i have truly and syncerely told what my part was , in that ; which cannot be more then a bare misprison ; and yet i am condemned as guilty of a design of killing the king. here 's an insinuation of an unjust sentence , upon false evidence , though this paper confesses as much , on my lords part , as was sworn against him . the paper calls it [ nothing but some discourses about making some stirs ] and those sitrs are afterward expounded , to be [ levying war against the king ] and my lord was condemned for consulting about those stirs . these consultations , the court pronounces to be treason : my lord insists upon it , that they are only a bare misprison : and that the design of seizing the guards is wrongfully interpreted a design of killing the king. if this be so strange a fetch , what was it in the house of commons to make the charge against my lord chief justice scroggs to be treason ? the law-part has been learnedly , and copiously clear'd already , in certain reflexions upon this paper , called the antidote against poyson : the ouvert acts towards the accomplishing this treason , were abundantly made out at the tryal ; and undoubtedly that which was good law in the case of my lord stafford holds as good in the case of my lord russel : and sir william jones's opinion in this point , will weigh certainly against the opinion of the author of this paper . [ will any man deny ( says sir william jones ) that the meeting and consulting of several men together about killing the king , and changing the government is an ouvert act ? lord staffords tryal , p. . ] here is enough said , to set forth the inconsistencies of the speech spoken , and of the paper delivered to the sheriffs : and the disagreements of that pap●r with it self in several peremptory denïals , and point-blank confessions of the same thing . that is to say , according to the popular acceptation of words delivered with simplicity and candour : but then in the true protestant latitude of savings and reservations ; the connexion seems to be perfectly all of a piece ; and one line serves to expound another ; to the readers infinite satisfaction , that there is nothing intended upon the whole , but fallacy and illusion ; bating only here and there a stricture , where it cuts upon the government . in few words ; it is a reproach in the form of a vindication : the panegyrique of a pedant , instead of the confession of a penitent . the last prayer and agonies of a dying christian , dissolved into a floud of calumnie and bitterness against the church and state ; and nothing but the name , to entitle it to the thing it pretends to be : after so severe and needful a reflection upon this vagabond paper , for it fills all mouths and places , i reckon it a duty to accompany my zeal for the publick , in this particular , with all possible justice and respect to the memory of the dead . the unhappy circumstances of his deplorable fate duly considered . that my lords charge was proved and his , sentence according to law , his lordship hath acknowledged under his own hand ( whatsoever this ill-natured paper may pretend to the contrary . ) in one petition to his majesty , my lord does [ solemnly protest upon the word of a dying man , that he never had any intention or thought of doing hurt to his majesties sacred person , however by interpretation of law 't is imputed to him , and if his majesty should be pleased to execute the rigour of the law upon him ; he hoped that god would enable him , &c. ] in a second petition , his lordship [ humbly and sorrowfully confesses his having been present at those meetings , which he is convinced are unlawful , and justly provoking to his majesty , but being betrayed by ignorance and inadvertence , he did not decline them as he ought to have done , &c. ] i have the charity to believe now , that really according to the purport of these petitions . his lordships great misfortune was rather an error of principle , then a factiousness of malice : and it is no wonder , if he were somewhat deeper dyed then ordinary , that had ( but too frequently ) most desperate seducers at his elbow . what was that treasonous and atheistical libel of [ julian the apostate ] but the very scheme of this conspiracy , and calculated for the murder of the king , and the dissolution of the state ? and it was the same poysonous position that brought this unhappy lord to his ruine . as to this pernicious paper , i make no question but my lord signed it , and that he made it his own , by so doing : but it holds so little congruity with the state and exigence of his lordships case , that i am perswaded ( under his anxious circumstances ) he would have signed a blank upon the same terms , if the same person had presented it : for there is not one syllable in 't that avails him to any purpose imaginable : it pretends to truth and plainness ; and yet scarce six lines in 't without a riddle . it pretends to discharge my lord of the whole indictment : and yet in several places , either intricates , or confesses it . it pretends to deliver the whole truth of the matter , and yet leaves out the meetings at his own and mr. hamdens house , where the great pinch of the charge lay . nay the faction had proceeded so far to the captivating of this honourable persons judgment , that mr. montagues letter to the lordtreasurer , bearing date jan. . . st. n. that was read in the house of commons , takes notice how much the court of france depended upon him , for the crossing ( as he calls it ) of the court measures . [ mr. ruvigny's instructions are by the means of will. russel and other discontented people to give a great deal of mony , and cross all your measures at court. ] but to come more particularly now to the miserable principle that led him to his destruction . upon the munday after my lords condemnation , the reverend dean of canterbury , dr. tillotson , gave his lordship a pious and friendly visit : expressing the extreme affliction as well as compassion that he had for his present condition : and not without great admiration at my lords being engaged in a misfortune of that quality : but after a little discourse upon that subject , the dr. was much more troubled , to find that my lord was not only embarqu'd in that pernicious and wicked design , but possess'd with the principle of his chaplains [ julian the apostate ] that resistance was lawful in the case of religion , liberties and properties being invaded : whereupon the dr. applyed himself by argument and counsel to the setting of his lordship right in that particular , with all the freedom , tenderness and respect imaginable : and not without flattering himself at last , that he had gain'd his point upon my lords judgment , who promis'd the dr. at parting , to bethink himself seriously of what he had said . the next day dr. burnet tells the dean , that his discourse had wrought a very good effect upon my lord , and that he was now resolved to do all that might become a man under his circumstances , and to discharge his conscience both towards god and man. hereupon the dean applyed himself forthwith to a person of great honour , with this account of his success , desiring that the matter might be represented to his majesty , which was done accordingly , ( and the best office , which in such a case the dr. could render to his lordship . ) upon vvednesday , the dean gave my lord another visit , when taking for granted , that his lordship continued in his late resolution , he entertain'd him only with preparatory discourses toward the fitting of him for a better life . upon friday morning , the dean administred to my lord the holy sacrament , having previously receiv'd such satisfaction from him , as the occasion and the duty requir'd . but afterwards , mr. dean finding him wavering , went his way : and about five or six in the evening brought him a letter , which was excellently well accommodated and very pertinently applyed to the point in question . the dean deliver'd the letter to my lord and discours'd at large upon it , earnestly beseeching him to bethink himself , how much it concern'd him not to leave the world under so dangerous a mistake , but my lord seemed much colder now , than before , the dean however pressing him to enter into a strict and severe examination of himself , and so he departed , leaving the letter in his lordship's hand . the next morning ( being the day of his execution ) the dean waited upon my lord again , when he found him yet cooler , and utterly declining any occasion of farther discourse upon the old matter . upon this , the dr. desisted , and attended him afterwards , and pray'd with him on the scaffold : discharging himself , from first to last in all the parts of a churchman , and of a friend . a true copy both of the letter , and of the prayer hereafter follows , july . . my lord , i was heartily glad to see your lordship this morning in that calm and devout temper at receiving the sacrament , but peace of mind unless it be well-grounded will avail little : and because transient discourse many times hath little effect for want of time to weigh and consider it , therefore in tender compassion of your lordships case , and from all the good will that one man can b●ar to another , i do humbly offer to your lordships deliberate thoughts these following considerations concerning the points of resi●●ance , if our religion and rights should be invaded , as your lordship puts the case , concerning which i understood by dr. burnet , that your lordship had once received satisfaction , and am sorry to find a change . first , that the christian religion doth plainly forbid the resistance of authority . secondly , that though our religion be established by law , ( which your lordship urges as a difference between our case , and that of the primitive christians ) yet in the same law , which establishes our religion it is declared , that it is not lawful upon any pretence whatsoever to take up arms , &c. besides , that there is a particular law declaring the power of the militia to be solely in the king. and this ties the hands of subjects , though the law of nature and the general rules of scripture h●d left us at liberty ; which i believe they do not , because the government and peace of humane society could not w●ll subsist upon these terms . thirdly , your lordships opinion is contrary to the declared doctrine of all protestant churches : and though some particular persons have taught otherwise , yet they have been contradicted herein and condemned for it by the generality of protestants : and i beg of your lordship to consider how it will agree with an avowed asserting of the protestant religion , to go contrary to the general doctrine of the protestants ▪ my end in this is to convince your lordship , that you are in a very great and dangerous mistake , and being so convinced , that which before was a sin of ignorance , will appear of a much more heinous nature , as in truth it is , and call for a very particular and deep repentance ; which if your lordship sincerely exercise upon the sight of your error , by a penitent acknowledgment of it to god and men , you will not only obtain forgiveness of god , but prevent a mighty scandal to the reformed religion . i am very loath to give your lordship any disquiet in the distress you are in , which i commiserate from my heart , but am much more concerned , that you do not leave the vvorld in a delusion and false peace , to the hindrance of your eternal happiness . i heartily pray for you , and beseech your lordship to believe that i am with the greatest syncerity and compassion in the vvorld , my lord , your lordships most faithful and afflicted servant , john tillotson . dr. tillotson's prayer upon the scaffold with the late lord russel . o almighty and merciful god , with whom alone , live the spirits of just men made perfect , after they are delivered from these earthly prisons , we humbly commend the soul of this our dear brother into thy hands , as into the hands of a faithful creator , and most merciful saviour ; humbly beseeching thee that it may be pretious in thy sight , wash it , o lord , from all it's guilt in the blood of the immaculate lamb that was slain to take away the sins of the world ; that whatsoever defilements it may have contracted in the midst of this wicked world , by the lusts of the flesh , or the wiles of satan , being purged and done away , by a sincere and unfeigned repentance , through thy infinite mercy and goodness in our lord jesus christ , it may be presented pure and holy , and without spot , before thee ; o lord we humbly beseech thee to support thy servant and stand by him in this last and great contest , deliver him from the pains of eternal death , and save him , o lord , for thy mercies sake , and grant that all we who survive , by this , and other instances of thy providence , may learn our duty to god and the king , and that by this and other like spectacles of our mortality , we may see how frail and uncertain our condition is in this world , that it is all but vanity , and teach us so to number our days , that we may seriously apply our hearts to that holy and heavenly vvisdom while we live , which may bring us to life everlasting through jesus christ our lord , in whose holy name and vvords we conclude our prayers . our father , &c. having done this right to the truth by an impartial report of the matter of fact ; and this further right to the reverend dean , to publish the right that he hath done to himself in this affair , i shall super-add this note , that he had nothing to do in the paper that has made all this noise ; but to condemn so much as he heard of it . and in truth it was observed , that while my lord and the dean were together , they had neither pen , ink , nor paper . now though 't is true again , that when my lord , and doctror burnet were together , there was pen , ink , and paper called for ; it concludes nothing yet as to the writing of this paper . it is said indeed , that upon captain richardsons speaking to dr. burn●t about my lords making a speech ; he was answered by the doctor , that my lord only intended to speak a few words upon the scaffold ; and that what he had to say else , he would leave in a paper he intended to deliver to the sheriffs . there is more then enough said in reflection upon this scandalous paper ; that takes so much pains to possess the world that this unhappy execution was a murder . there was , effectually , a murder in the case . it was in the law an act of justice : but it was in him that poyson●d this unfortunate gentleman with that seditious maxim that brought him to the block , and that afterwards encouraged him to persist in 't : it was in him , i say , the basest , and the most treacherous of murders : and i look upon julian , with a respect to this conspiracy only as the rule to the example , the one directs the rebellion ; and the other proves it . the end. to the king's most excellent maiesty. the humble address of the society of the middle-temple. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the king's most excellent maiesty. the humble address of the society of the middle-temple. bernard, john. charles ii, king of england, - . middle temple (london, england) sheet ([ ] p.) printed for jacob tonson at the judges head in chancery lane near fleetstreet, london, : . letter, signed john bernard, speaker, rejoicing at the delivery from the rye house plot. reproduction of original in: newberry library, chicago, illinois. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . rye house plot, -- sources. great britain -- history -- charles ii, - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the king's most excellent maiesty . the humble address of the society of the middle-temple . dread soveraign , vvith hearts full of unspeakable joy we presume to approach your royal presence , and with all our souls bless almighty god for the wonderful discovery of the late hellish conspiracy begun and carried on by desperate persons of fanatical , atheistical and republican principles , who impudently assuming to themselves the name of true protestants and patriots , did at first by popular insinuations and other artifices , project the undermining the best religion and government in the world ; and afterwards being therein prevented by your majesties unwearied care and admirable conduct , proceeded to contrive the horrid parricide of your sacred person , the barbarous assassination of your royal brother , the dear partaker of your sufferings , the involving these nations in blood and confusion , and the utter destruction of this monarchy . as this society has been eminent for its loyalty and early tokens of duty and affection , particularly in their humble thanks for your gracious declaration , and their abhorrence of the late accursed and traiterous association , which we look upon to be a part of this damnable conspiracy , so we shall do our utmost to bring the villains to justice , especially those of this society , who to our great sorrow are in the number of the conspirators . and we do repeat our solemn protestations to stand by and defend your sacred majesty and lawful successors with our lives and fortunes , and beseech almighty god to cover with confusion the faces of your most secret enemies , that divine vengeance may overtake such of the traitors as by flight escape the justice of humane laws , whose guilt proclaims it self so loud , that they dare not trust even that mercy of which they have had so long experience . and as providence did never so signalize it self on behalf of any prince as of your majesty through the whole course of your reign , so may heaven showr down and continue its best blessings on the best of kings , and be never weary of working new miracles for your preservation . john bernard , speaker . london , printed for jacob tonson at the judges head in chancery lane near fleetstreet , . 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, july , and , . walcot, thomas, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) 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, july , and , . walcot, thomas, d. . hone, william, d. . russell, william, lord, - . rouse, john, d. . blague, william. england and wales. court of oyer and terminer and gaol delivery (london and middlesex). [ ], p. printed for richard royston, benjamin took, and charles mearn, london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng walcot, thomas, d. -- trials, litigation, etc. hone, william, d. -- trials, litigation, etc. russell, william, -- lord, - -- trials, litigation, etc. rouse, john, d. -- trials, litigation, etc. blague, william -- trials, litigation, etc. trials (treason) -- england -- london. rye house plot, . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion 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 , , and . . 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 . . at the sessions-house in the old baily , london : the court being me● and proclamation made for attendance , the proceedings were as follow . thomas walcot being set to the bar , and after having held up his hand , the indictment was read as follows . london . the iurors for our sovereign lord the king , upon their oaths present , that thomas walcot , late of london gent. as a false traitor against the most illustrious and excellent prince , our sovereign lord charles the second , by the grace of god , of england , scotland , france and ireland king , his natural lord , not having the fear of god in his heart , nor weighing the duty of his allegeance , but being moved and seduced by the instigation of the devil , and the true duty , and natural obedience , which true and faithful subjects of our sovereign lord the king , towards him our said lord the king , do bear , and of right ought to bear , wholly withdrawing , and with his whole strength intending the peace and common tranquillity of this kingdom of england to disturb , and war and rebellion against our said lord the king to move and stir up , and the government of our said lord the king within this kingdom of england to subvert , and our said lord the king from his title , honour and kingly name of the imperial crown of this his kingdom of england to put down and deprive , and our said lord the king to death and final . destraction to bring and put , the second day of march , in the year of the reign of our sovereign lord charles the second , king of england , &c. the five and thirtieth , and divers other days and times , as well before as after , at the parish of s. michael bassishaw , in the ward of bassishaw london aforesaid , maliciously and traiterously with divers other traytors , to the iurors aforesaid unknown , did conspire , compass , imagine and intend our said lord the king , his supreme lord , not only of his kingly state , title , power and government of this his kingdom of england to deprive and throw down , but also our said lord the king to kill and to death to bring and put , and the antient government of this his kingdom of england to change , alter and wholly to subvert , and a miserable slaughter amongst the subjects of our said lord the king through his whole kingdom of england to cause and procure , and insurrection and rebellion against our said lord the king to move , and stir up within this kingdom of england ▪ and to fulfil and perfect the said most horrible treasons , and traiterous compassings , imaginations and purposes aforesaid , the said thomas walcot as a false traytor , then and there , and divers other days and times , as well before as after , maliciously , traiterously and advisedly did assemble , meet together and consult with the aforesaid other traytors , to the iuror , aforesaid unknown , and with them did treat of and for the executing and perfecting their treasons , compassings , imaginations and purposes aforesaid ; and that the said thomas walcot as a false traytor , maliciously , traiterously and advisedly then and there , and divers other dayes and times , as well before as after , did take upon himself , and to the aforesaid other traytors did promise to be aiding and assisting in the execution of the treasons and traiterous compassings , imaginations and purposes aforesaid ; and in providing armour and armed men to fulfil and perfect the said treasons and trayterous compassings , imaginations and purposes aforesaid : and the said most wicked treasons , and trayterous compassings , imaginations and purposes aforesaid to fulfil and bring to pass , he she said thomas walcot as a false traytor , maliciously , traiterously and advisedly , then and there did procure and prepare arms , to wit , blunderbusses , carbines and pistols , against the duty of his allegeance , against the peace of our sovereign lord the king , his crown and dignity , and against the form of the statutes in that case made and provided , &c. cl. of cr. what saist thou , thomas walcot , art thou guilty of this high treason , whereof thou standest indicted , or not guilty ? capt. walcot . not guilty . cl. of cr. culprit how wilt thou be tryed ? capt. walcot . by god and my countrey . cl. of cr. god send thee a good deliverance . then were william hone , john rouse and william blague arraign'd , who pleaded not guilty to their indictments , and the court adjourn'd till the afternoon . when thomas walcot being again brought to the bar , after some exceptions , the following jury was impannel'd . nicholas charlton , christopher pitts , robert beddingfield , iohn pelling , william winbury , thomas seaton , william rutland , thomas short , theophilus man , iohn genew , iohn short , thomas nicholas . cryer . oyes , if any one can inform my lords the kings justices , &c. l. c. j. mr. sheriffs , this is an extraordinary case , it is reasonable the evidence should be well heard : i require you both to keep the court quiet . — mr. tanner , swear the kings evidence one at a time . clerk. thomas walcot , hold up thy hand : you of the jury look upon the prisoner and hearken to his charge : he stands indicted by the name of thomas walcot gent. prout in the indictment before mutatis mutandis . upon this indictment he hath been arraigned , and thereunto pleaded not guilty , and for his tryal put himself upon his countrey ; which countrey you are . your charge is to enquire , &c. mr. north. may it please your lordship , and you that are sworn , the prisoner stands charged , that he being a false traytor to the king , and intending to raise war and rebellion against the king , and to bring his majesty to an untimely death , did on the second of march in the five and thirtieth year of the king , at the parish of s. michael bassishaw , meet with other traytors like himself , and there conspired to bring these treasons to effect ; and accordingly promised to be aiding and assisting to provide arms for it ; and did actually provide several arms , as carbines , blunderbusses and pistols for the perpetrating this treason . this is the charge , to which he says he is not guilty . we will call our witnesses and prove it , and then you are to find it . mr. att. gen. gentlemen of the jury , the prisoner at the bar is accused of the highest of crimes , high treason against his sovereign lord , in compassing the murder of the king , in raising rebellion within this kingdom , to the overthrowing of the best constituted , and the most excellent government in the world. gentlemen , he does not stand alone ; and therefore he is charged in the indictment with a conspiracy with many others : i am heartily sorry to say there are many ; indeed there is hardly any kingdom or nation , wherein there are not discontented persons , whose narrow fortunes or malevolent spirits render them uneasie in that condition god almighty hath put them ; but to find men that pretend to be christians , or to have any thing of virtue , and under the best of governments , that indeed is a matter of wonder ; and indeed it casts so great a stain and reproach upon the protestant name , that it is not to be wiped off , but by the severest justice of the kingdom . gentlemen , this design was for a general rising , and at the same time to assassinate the king and the duke , of york : this is the design which the whole course of our evidence will open to you , and lies so naked , that i hope no englishman that lives , but will see through these men , that have made such a noise and tumult in these latter dayes . this design to assassinate the king , and the rising , was designed to be in october last , upon the king 's return from new-market ; and at that time there was a noble lord , that is gone now to his own place , as will appear by the evidence , that furnished them with considerable summs of money , for the providing men and arms for the assassinating the king at that time , but the assassinates were not then ready , as god appointed they should not be ready ; and so at that time they were disappointed . then the general rising was put off till queen elizabeth's day , which will open your eyes to see upon what grounds those tumultuous meetings were encouraged in the city , to the terror of all honest men : but that rising was also disappointed , because some of the conspirators were not ready with their men in the countrey : and then , gentlemen , though it was prest on by the person i mentioned , he then thought it high time to leave these confederates to themselves . gentlemen , after this we shall trace them in their several meetings and consultations : for there was a time that they struggled with themselves ; which should be effected first , whether they should first kill the king and the duke ; or whet●●r they should first rise , and so prosecute him in an open rebellion , and destroy him that way . and the course of our evidence will shew how ingenious these men were ; for it appears , there were men of great ingenuity and courage , as appears by the prisoner at the bar ; and they would discourse of these matters in phrates , that common persons should not understand them — capt. walcot . i do not understand you . mr. att. gen. i speak as loud as i can . at their meetings , for cutting off the king ; that was the executing of a bargain and sale ; and a short conveyance , to come to their end . the raising of a war , that was under the notion , and so to be discourst of , of executing a lease and release , to work both upon the possession and upon the reversion : and under these mystical terms they discourst of all these subjects , when they were in publick places . capt. walcot . i do not hear . mr. att. gen. you will hear the witnesses , and that will concern you more . then gentlemen , in these several meetings they contrived to allot every man his part , some were to provide arms , others were to provide men , to do the execution , which was last resolved upon to be at the rye , upon the kings last return from new-market . gentlemen , in all these parts , which i hope to prove , the prisoner will appear to have a principal part in them all : in all the consultations and advisings for the raising men , wherein he was to be a principal commander , according to the skill he hath ; but for the assassination at the rye , rumbold was to conduct the men hired for that purpose . gentlemen , accordingly the time was appointed for his majesty to come , and the assassinates to meet him there : but it pleased god , that that was disappointed by a miraculous fire , for so all englishmen may call it : and whereas they were to go down on friday to rumbold's house , and the king to come up on saturday , the fire brought him to town on tuesday : but notwithstanding this great providence to divert them , rumbold and others of the confederates , resolved to go on with it still ; and several places were appointed , and several officers appointed to view those places , either between hampton-court and windsor , or else to do it at the play-house , or upon the kings passage from the play-house by bedford-wall at covent-garden ; but if these should fail , they were resolved to do it at the bull-feast . gentlemen , they went further ; they provided arms ; which very arms opportunely fell into our hands : we seised those very arms that were bought for that purpose to kill the king and the duke . we shall go through with it ; i will name you the material places of their meetings , that so you may understand the witnesses ; the green-dragon tavern on snow-hill , the salutation tavern in lumbard-street , the angel tavern near the exchange , and mr. west's chamber in the middle temple ; these were some of the principal places , though they had several other places , wherein all these matters were consulted and transacted . they had prepared a new model of government , and they were for overturning all , as all these politicians do ; though they had a most excellent government , yet they had a better in their own brains ; or at least ; their share would be greater in it , as all rebels have a prospect of . gentlemen , for the other parts , we shall have less occasion to give evidence of now , for every one had their particular part ; some for the great design of the rising , some for the killing of the king , whereof that gentleman , the prisoner , was one ; and there were other parts assign'd to others , for taking and surprizing the tower. we will call our witnesses , and prove all that we have opened , and make it as clear to you as the sun shines : such a prodigious villany , nothing but a firebrand from hell could kindle in me●s minds , to kill the best of kings , and to destroy the best frame of government . gentlemen , i do not question your justice , but that this man shall pay what is due to the justice of the kingdom . mr. s. jeffreys . my lord , i only desire to give an account of the method of our evidence . capt. walcot . my lord , i desire i may have the favour of pen and ink. l. c. j. that you shall have . mr. s. jeffreys . my lord , and you gentlemen of the jury , mr. attorney hath already given you an account of the design that was to be put in execution by a parcel of evil men , whereof the prisoner at the bar we charge to be one . we shall not detain you longer with opening the matter , but beg the favour of the court , that we may acquaint you a little with the method we intend to follow in calling our evidence for the king against the prisoner at the bar. in the first place , my lord , we will call our witnesses , to give your lordship and the jury satisfaction , that there was a design in general , and that that design was first intended to be a general rising over all the kingdom ; in which design the prisoner at the barr had a very considera●● share , and was looked upon to be a very proper and fit person for the managery of that part of the design : for other meetings , and at what places , mr. attorney hath already opened to you . we will then come to more particular agreements that were between them , in order to the carrying on this admirable good work , as it hath been truly stated , for the destruction of the best and most merciful of kings , and for the destruction of the best of religions , the religion of the church of england . i take notice of it , because all men may know , the most of these persons , nay , all of them , concerned in this hellish conspiracy , were dissenters from the church of england . and the better to effect this horrid villany ( i am sure i want words , and so does any man else , to express the baseness of these crimes ) the better to effect this thing , the way it was to be done , was by taking off the king , and by taking off his brother too . at length after several debates and some proposals made between these persons , they came to a determination and an actual resolution , to take off the king and his royal brother . my lord , we will prove generally , that this was the intent of the design or the plot in general . my lord , we will then give you an account , that they entred into several consultations for a new model and frame of government ; for they intended to set up the people , and they had even fixt a certain superiority , and resolved as all people of their principles have a mind , according to their several inclinations to fix the power in the people ; gentlemen , an old tenent , that brought the kings father to that untimely and horrid end , by fixing the power in the people . these gentlemen had a mind to insinuate and ingage the people , by fixing the power in them , and saying that publick proclamations were to be made . and after this horrid and barbarous murder , intended upon the king and the duke , there were declarations to be made in the names of such and such lords , and the associating members of the last house of commons , these were the persons thought fit in whose hands the power of the whole kingdom should be lodged . gentlemen , after we have given you an account of the several meetings , then we will come to the prisoner at the bar , and prove against him , that he had not only an hand in the first part of the plot , about the rising , but he was also to be one of those villains that were to murder the king : i cannot express my self in more moderate terms , and i am sure no man can blame me that hears the proof . gentlemen , when we have thus given you this evidence , i hope we shall satisfie the court , and all mankind , that persons that have been thus guilty , under pretence of religion , or under any other pretence whatsoever , are fit objects of the severity of humane laws . if we prove against the prisoner at the bar , that he had an hand in this horrid conspiracy , i make no doubt but you will shew your selves to be englishmen , loyal men , and overtake all men that thirst after the kings blood . mr. sol. gen. gentlemen , we will call our witnesses , and as no man can doubt , but the murder of the king , that vile design , would have been seconded by a power to back that horrid villany ; so we shall shew you , that this gentleman was concerned in both parts , in the immediate assassination of the king , and the raising of arms. we need not go about to give you an history of the thing any other way than in applying it to this person , for there is no part of this conspiracy he can clear himself from , and all the evidence that speak of this design , speak of this man as a chief actor in it . m. att. gen. call col. rumsey . ( who was sworn . ) mr. sol. gen. col. rumsey , pray give my lord and the jury an account what you know of the prisoner at the bar , whether he were concerned , either in relation to the murder of the king , or the raising arms. l. c. j. mr. rumsey , raise your voice so audibly that you may be heard . col. rumsey . the first meeting i had with this gentleman , was at mr. west's chamber . mr. att. gen. before you begin to tell of your meeting , give an account of any rising that you have heard of . col. rumsey . sir , about the latter end of october , or the beginning of november , i was with my lord shaftsbury late at night , and he told me , that the duke of monmouth , my lord russel , my lord grey and sir thomas armstrong , were at one mr. shepherd's house near lumbard street . he desired me to go to know what they had done about the raising arms at taunton . i did go , and mr. shepherd carried me up to them , and they told me , that mr. trenchard had failed them about the men , and they could proceed no farther at that time . l. c. j. what shepherd was this ? coll. rumsey . mr. shepherd the merchant near lumbard-street , one mr. thomas shepherd . and so i came to my lord the next day and told him of it ; and then he made his preparation to be gone for holland . l. c. j. what discourse had you with my lord shaftsbury thereupon ? what did he say ? what made you believe he made preparation to be gone ? col. rumsey my lord , he said , there was no dependance upon those gentlemen that met , and he would leave england . after that a fortnight or three weeks , there was a meeting one day at mr. west's chamber , and there was mr. west , and mr. goodenough , and mr. wade , and some body else there was , but i cannot remember his name , captain walcot was in holland then . there it was proposed , nothing was to be done by a general rising ; but there was no surer way than to take off the king and the duke ; and that to that intent and purpose , they could not carry it on without mr. ferguson ; and so he was writ for into holland ; and he came out of holland upon that letter , and captain walcot with him . after mr. ferguson's coming back from holland , there was very suddenly a meeting again , and then it was concluded , that nothing was to be effected without taking off the k. and d. or to that purpose . mr. ferguson was not at that meeting . there were two or three meetings before captain walcot was there , to find out men , and they could not find out a number of men , without which mr. rumbold would not undertake it . so about three or four meetings after captain walcot came , and he was resolved at last to join in the matter ; but he would not have an hand in attacking the coach , but he would command a party that should charge the guards . l. c. j. what did he say ? col. rumsey . he would not meddle with the king in the coach , but he would command a party , that should charge the guards that came along with him . mr. att. gen. after what manner was it setled that it should be done ? col. rumsey . there were several parties : one small party was to have killed the postillion , another to kill the horses , and mr. rumbold with a certain number to seise the coach , and capt. walcot the guards . mr. att. gen. where was it to be done ? col. rumsey . at mr. rumbold's house . l. c. j. where is that ? col. rumsey . near hodsdon . l. c. j. for what purpose was mr. rumbold and those other men to attacque the coach ? col. rumsey . to murder the king and the duke . l. c. j. how was it designed to be done , by pistol , or how ? col. rumsey . by blunderbusses , and if they mist , then swords . mr. att. gen. did they give any directions about preparing arms ? col. rumsey . when that time fail'd , after the fire fell out at new-market . l. c. j. when was this to be done ? col. rumsey . when the king returned from new-market . l. c. j. about what time ? col. rumsey . the saturday before easter . l. c. j. i don't ask you the day ; but was it when the king was last at new-market , or before ? col. rumsey . last at new-market . l. c. j. when he was last at new-market , in his return from thence ? col. rumsey . in his return from thence . l. c. j. whereabouts ? col. rumsey . at rumbold's house which is near hodsdon . l. c. j. in hertfordshire ? col. rumsey . in hertfordshire . l. c. j. and you say , those methods were chalked out by them , that rumbold and some others were to attacque the coach , others to kill the postillion , others to kill the horses ; and this gentleman with a commanded party was to fall upon the guards ? you say this ▪ col. rumsey . yes , my lord. capt. walcot . i would beg leave , my lord — l. c. j. stay , captain walcot , you shall have leave to ask him any thing by and by ; but you must first let the kings council have done with him . mr. att. gen. i would ask you , what you know of a design at any other time . col. rumsey . i do know nothing , i heard by mr. west , but i knew nothing before . l. c. j. mr. rumsey , about what time was this resolution taken up , as near as you can ? i ask neither the day nor the week , but about what month ? col. rumsey . the beginning of it was in february . l. c. j. last february ? col. rumsey . last february . mr. ferguson and capt. walcot came to this town upon ash-wednesday . mr. s. jeffreys . what other meetings were you at , sir ? col. rumsey . this was the first , when the prisoner at the bar came in . the first time was at mr. west's chamber , where he came : there it was considered and debated . mr. s. jeffreys . very well , you say that was the first time capt. walcot came in . col. rumsey . it was at mr. west's chamber : this was before the king came from new-market , that they were to do this , and the number of men could not be got ready ; so there were several meetings afterward at mr. west's chamber , to consult whether they could raise the number they resolved upon ; and there were notes brought by mr. goodenough and mr. rumbold of many names , i cannot say who else brought notes of the mens names , to see that they might not be deceived in the number : and at that time , capt. walcot was there , and did undertake to go to mr. rumbold's house , and i think did go down to the very place . l. c. j. look you , sir , was there any number of men insisted upon for doing this villany ? col. rumsey . capt. rumbold did insist upon . men . l. c. j. but capt. walcot , how many was he to have ? col. rumsey . it was not divided to a perfect number . mr. s. jeffreys . what other meetings were you at with captain walcot ? col. rumsey . i was at the salutation with him , and the green dragon with him . mr. s. jeffreys . where is that ? col. rumsey . the green dragon is upon snow-hill . mr. s. jeffreys . where is the salutation ? col. rumsey . in lumbard-street . mr. s. jeffreys . now tell what discourses you had there . col. rumsey . that was about dividing the city into parts , to see how many men could be raised out of every part , and they were to be divided into fifteenths , and every man to lead a fifteenth , that they might not be at a loss . mr. att. gen. who was intrusted with this to do it ? col. rumsey . mr. goodenough , mr. west , and mr. wade . mr. att. gen. what account did they give of what they had done ? col. rumsey . m. goodenough gave an account of parts of the . and said out of them would be raised men , and made an estimate that the other . would not raise above as many more , for those were the most considerable parts , as wapping and southwark . mr. s. jeffreys . mr. ramsey , pray what consultation had you afterward , and what was done after ? l. c. j. pray let us go on a little gradatim , what was the reason that this was not effected when the king returned from new-market ? col. rumsey . the fire happened , and brought the king sooner from new-market than the men could be got ready . l. c. j. was there a day appointed for the doing this ? had you a prospect when the king would return ? col. rumsey . yes , it was commonly talked that it would be the saturday before easter , but he came on the tuesday before . l. c. j. then give us an account how that design was disappointed at that time . col. rumsey . the fire happened in new-market , and they were all in a confusion , and could not get their men ready by tuesday ; the news came upon friday to town . l. c. j. of the fire ? col. rumsey . of the fire , and there was a meeting . mr. ferguson lodged then in covent-garden , and sent to several to come to him , to see if men could be got together against tuesday , when the king was to come in , and it could not be done , and it was laid aside for that time . mr. att. gen. upon that what resolution was taken ? col. rumsey . then they had a meeting , and ferguson was not there , there was cap. walcot , mr. west and mr. goodenough ; this was immediately after this disappointment , i am not certain whether it was in mr. west's chamber : and that there might no accident happen afterwards to hinder it , it was resolved that money should be raised for the buying of arms , and mr. ferguson undertook to raise money to buy arms , and mr. west did undertake to provide them . mr. att. gen. who undertook to provide men ? col. rumsey . mr. goodenough and mr. rumbold . l. c. j. look you , colonel rumsey , after this disappointment , when this next meeting was , had you any further design upon the king then ? col. rumsey . yes , my lord. l. c. j. give us some account of that . col. rumsey . it was to be done a coming from windsor to london , or from windsor to hampton-court , or the play-house , and therefore that arms should be ready against any opportunity that should happen , let it be what it would ; and mr. west did undertake to provide arms , and he told me he bought them , and did not get his mony in six or seven weeks after , a day or two after going to ferguson , he told him now he might have his money , if he would send a note to major wildman ; but after he was told , that major wildman would not pay it by note , but he must send mr. rumbold to him for it , for he would trust no body else but him . and so mr. west did send mr. rumbold , and he was there at his house by six a clock in the morning , but he was gone out of town an hour before , so mr. west went to mr. ferguson , and he then told him that he should have money in two or three days , if he would come to him , and mr. west did go to him , and he paid him an hundred pound . mr. att. gen. was there any provision made for a rising now again ? col. rumsey . yes , this general rising , by this division of the city , was intended to be ready against the first opportunity that hapned . mr. att. gen. before this discovery , did you keep up these meetings ? mr. sol. gen. when was your last time ? col. rumsey . my lord , i think it was the very thursday before the discovery ; but then on friday or saturday , we had inklings that this was discovered , and did meet at the george upon ludgate hill. l. c. j. who met then ? col. rumsey . i think it was the very thursday before , i am not very certain , we m●t at the salutation in lumbard-street ; and there was captain walcott , mr. west , mr. wade , the two goodenoughs , and mr. nelthrop , and my self . mr. att. gen. what did it come to , pray what was your discourse then and resolution ? col. rumsey . the resolution was still to carry it on . we went thither to know of . mr. goodenough , what was done about the other thirteen parts , he told us he had no account , but he said , he thought he should have a meeting on saturday in the afternoon at ludgate-hill , at the george , to have his answer , but the discovery coming , there did only meet mr. norton , mr. bourne ; there was another , i don't know who the other was , there was a fourth . mr. att. gen. mr. rumsey , pray after the discovery , what did you resolve upon ? what meetings had you upon your flight ? col. rumsey . we met at capt. tracey's . mr. att. gen. what day was that ? col. rumsey . that was upon the monday after the discovery . mr. s. jeffreys . who was there ? col. rumsey . there was capt. walcott , mr. west , mr. wade , mr. nelthrop , the two goodenoughs , and mr. ferguson . mr. att. gen. what did you discourse of there ? col. rumsey . there was exclaiming against mr. keeling , and taking resolutions to be gone . l. c. j. mr. keeling ! what was keeling ? col. rumsey . mr. keeling was he that made the discovery . mr. s. jeffreys . have you ever been in keeling's company ? col. rumsey . i was that time we met at the salutation , he came in there for a quarter of an hour . l. c. j. look you , sir , do you know capt. - walcott ? are you sure it is that gentleman at the bar ? col. rumsey . yes , my lord. l. c. j. hath he owned always the name of walcott ? col. rumsey . yes , my lord. l. c. j. what did he say to mr. keeling , when he came to the salutation ? col. rumsey . there was in that very days gazette a report of a rising at cologne , and one gulick that headed them , and said mr. west to keeling , he should be our gulick . mr. att. gen. pray how did he interpret it at that time ? col. rumsey . mr. west said that gulick was keeling , gu was keel , and lick was ing . mr. s. jeffreys . a quirk upon his name . mr. att. gen. when you resolved to flie , had you any discourse of making a stand , and fighting the government then ? col. rumsey . not that i know of , i was not all the time with them . l. c. j. look you , colonel rumsey , let me ask you this , what was keeling to do ? was there any post assigned to keeling in this ? col. rumsey . i never saw him before . l. c. j. how long was it before the discovery , that you did see him ? col. rumsey . the thursday before . l. c. j. at the salutation tavern ? col. rumsey . yes , he was there call'd gulick . mr. s. jeffries . if captain walcot will ask him any questions , he may . l. c. j. look you , mr. walcot , now you may ask colonel rumsey ; tell me what questions you would have asked , and i will ask him . capt. walcott . i desire colonel rumsey may be asked , whether i ever met at mr. west's chamber , till after his majesties return from newmarket . l. c. j. look you , sir , you hear the question ; it is , whether ever mr. walcot met with mr. west , till after the king 's return from newmarket ? col. rumsey . till after ? l. c. j. till after the king's return . col. rumsey . yes , sir. capt. walcott . my lord , i have sufficient evidence against that . mr. s. jeffries . i think that he was to undertake the guards , that was before the king came from newmarket . l. c. j. he hath given this evidence , he was there , and he would not attaque the coach ; he would not meddle with the king , but he would fall upon the guards . capt. walcott . shall i speak a word , my lord ? l. c. j. look you , i will tell you , you shall have your answers to these things , you have pen , ink , and paper . capt. walcott . but i have a bad memory , and i am afraid i shall forget this very thing . mr. s. jefferies . i hope the jury will not forget it . l. c. s. look you , mr. walcott , we must not admit you to break in upon the king's evidence , when that is heard , you shall have your liberty to make your answer to any thing , and call any witness . col. rumsey . my lord , i will give one instance more : there was one meeting at the five bells in the strand , where there was only ferguson , captain rumbold , mr. west , goodenough , and my self : and mr. ferguson told us that night , that captain walcott would come the next meeting we had at mr. west's chamber . l. c. j. then captain walcott was not with you at the five bells ? col. rumsey . mr. ferguson told us he would come in the next time at mr. west's chamber , and there he did come . l. c. j. and that was before the king went to newmarket . pray , sir , answer this , was this before the king went to newmarket , or not ? col. rumsey . no , my lord , this was , when he was at newmarket ; for the king was at newmarket , when he and mr. ferguson came from holland , the king was then at newmarket . mr. s. jefferies . now we will call mr. keeling . ( who was sworn . ) mr. att. gen. pray will you acquaint my lord , and the jury , what you know of these conspiracies , and touching this man. mr. keeling . some time my lord , before the king went to newmarket , i was at the sun-tavern , and in company with richard rumbold , richard goodenough , and some others ; goodenough calls me forth of the room , and asked me what men i could procure ? i asked him , for what purpose ? he said , to go down towards newmarket . i asked , for what end ? he said , to kill the king , and the duke of york . i told him , i thought none . before the king came from newmarket , he renewed his question to me again several times : i had , in the interim , some discourse with burton and thomson ; burton told me , that barbor would be concern'd ; and he also told me , thomson would . the saturday after the fire hapned at newmarket , rumbold came down to my house , or the friday , the day that the news was of the fire , the day that he commonly came to town , he came to my house ; it was on the friday , to see those men i could procure , and he desired to see them on the morrow , which was the saturday before the king returned ; the saturday after the fire , i went into london , and met mr. rumbold that day at the exchange , and he then put me in mind of the matter again . i did go to burton , and thomson , and barbor , the place appointed on saturday was the mitre-tavern at the corner of dukes-place within aldgate . he did meet there , where there was some discourse hapned tending to that matter by rumbold ; the substance of which was , whether they were willing to go down ? i think he call'd the place by the name of , the rye , that is his house ; there being , says he , no greater conveniency than in that , i believe scarce in england for the executing such a design , being an house very intire to it self , and very remote from neighbors , besides the advantage that belongs to it of a court or wall. and , among other discourse , this was an argument to prevail with those persons : for , saith he , it will be a keeping one of the commandments , to kill the king , and the duke of york ; for , says he , if that be not done , there will be otherwise a great deal of bloodshed committed . he also told us the way that he design'd to effect this at his house ; that he had a conveniency for our horses ; and that there would be so many appointed to shoot at the postillon and the horses ; and that there would be so many appointed at the coach , and so many men to attaque the guards : and if there was a failure in shooting the coach-horses , that then there should be men in the habit of country-men , with a cart in the lane , and they should run this cart athwart the lane , and so stop the coach. i believe there might be some other particulars , which , at present , i do not remember . from thence we went to the exchange , and there we met in the afternoon at the dolphin-tavern in bartholomew-lane , there was rumbold , west , goodenough , and hone the joyner . and after we had been there a little , west asked rumbold , whether he heard the king would come home that night ? ho said , yes , he heard so ; but , said west , i believe he won't come till monday , and i hope he won't come till saturday , for that was the day appointed to go down to rye , to meet the king , and the duke of york . said rumbold , i hope they will not come till then : but , said west , if they do come , how many swan-quills must you have ? how many goose-quills ? and how many crows-quills , with sand and ink , must you have ? said they , six swan-quills , twenty goose-quills , and twenty or thirty crow-quills . l. c. j. explain that . mr. keeling . i am coming to it . i asked west or rumbold , or both of them , what they intended by it ? they told me swan-quils were blunderbusses , goose-quills musquets , and crows-quils were pistols , sand and ink , powder and bullet . this is all my lord as i remember in general as to the design . l. c. j. what can you say concerning the prisoner at the barr ? mr. keeling . i was at the salutation tavern and captain walcot was there , and when i came in , there was some person called me culing , and i a little stranged at it , not knowing the meaning ; says i , gentlemen , what do you design by it ? says one , here 's a good health to our english culing ; says west culing in dutch is keeling in english , and says mr. west , i hope to see mr. keeling at the head of as good an army in wapping as culing is at collen . i suppose captain walcot remembers it very well . i can say no more , sir , to the prisoner at the barr ; i remember not to have seen him any other time upon this design . mr. serj. jefferies . would the prisoner at the bar ask him any questions ? cap. walcot . my lord , i don't remember any such thing . if you please , my lord , to ask him , whether i call'd him culing , or said any thing more or less to him . mr. keeling . i don't say you did , but you were by , that i say . mr. serj. jeffreys . i think , mr. keeling , you were the person that made the discovery ; give an account of it for the satisfaction of the world . l. c. j. upon what occasion did you reveal this ? mr. keeling , if your lordship please i will give you an account . there was something happened before that time . some time before this thing was discovered , goodenough came down to my house , and i went with him to drink a dish of coffee , and there was in company with him richard rumbold , and his brother william ; that i believe mr. walcot knows ; and when we were by our selves , he pulls out some papers out of his pocket , and gave me one ; i asked him what he meant ; he told me he had divided the city and suburbs into twenty parts , and there was three divisions ; and says he , you know the persons better than i , and who you can trust with it ; one is for your self , and i would have you take to your assistance nine or ten men , more or less , that you can communicate it safely to , and they were to go to several persons , and ask them , supposing that the papists should rise , or that there should be a general insurrection , or a french invasion , are you in a posture of defence ? this was all we were to communicate of the matter to them , and this was to feel them , and see how many men they could raise . and he told me there was a design to kill the king and the duke , which was design'd to be done at the bull-feast , for mr. west had told me it was to be done between windsor and hampton-court . i asked him if that design went on , and he said no ; for the duke of york seldom came with the king from windsor to hampton-court , but it was to be at the bull-feast . and says he , these men are to be in a readiness , and it s designed that the thing should be laid upon the papists , as a branch of the popish plot. he also told me , there was one drawing a declaration , which would relieve poor people of that which seemed most burthensome to them , which was the chimney-money , and then the common people would fall in with them more readily . mr. att. gen. how came you to discover it ? mr. keeling . i will tell you , sir , i was troubled in my mind about it , and do declare that was the only reason ; i thought i did very ill in not discovering it and i had no peace nor satisfaction , nor content , nor did i mind my business , nor could i take that rest that at other times i did , and that was the moving cause , and no other . i thought if it were a sin in david to cut off the hem of saul's garment , it was a sin in me much more to kill my king. l. c. j. was there any post in this case assign'd to you ? was it requir'd of you to do any thing your self , more than to raise those men , and know whether they were in a readiness ? were you design'd to go down to rumbold's house ? tell what part you were to act . mr. keeling . in the first place , i was to raise some men , but i thought they looked upon me for one to go down my self with those men i raised ; but i remember not that i was asked the question . l. c. j. were any of those men to go down ? mr. keeling . those three i named were to go down , burton , thompson , and barber . mr. att. gen. call mr. bourne . l. c. j , tell us the manner of your revealing and discovering this , who you discovered it to . mr. keeling . i revealed it to one mr. peckham . i. c. j. who did he bring you to ? mr. keeling . to my lord dartmouth . l. c. j. and so you did discover the whole business to him ? mr. keeling . i had offered to discover it to another man before , but i thought he was careless , so i did not tell him positively what i thought to tell him , because i saw he slighted the matter , he was a minister of the church of england . then i went to mr. peckham , knowing he was intimate at court , and from thence to my lord dartmouth , and then i was carried to mr. secretary ienkins . mr. att. gen. was there no design to take off the mayor or the sheriffs in particular ? mr. keeling . i will tell you , goodenough did tell me , that the design was to secure the lord mayor , and the sheriffs ; and he told me , they had a design to secure the tower. mr. att. gen. were you employed to arrest my lord mayor ? mr. keeling . i did arrest my lord mayor . l. c. j. what are you ? how came you to arrest my lord mayor ? what are you by profession ? mr. keeling . a white salter , or oyl-man . l. c. j. how came you to arrest my lord mayor ? mr. keeling . i was put upon it by goodenough , and those men . l. c. j. as a special baily ? mr. att. gen. he was as a special bailiss . mr. keeling . under the coroner . mr. s. jeffreys . a special bailiss under a special coroner . mr. bar. street . was this coroner any time at any of your meetings ? mr. keeling . no , my lord. mr. bar. street . i am glad he was not . l. c. j. what say you , capt. walcott ? capt. walcott . my lord , i have nothing to say . mr. sol. gen. call zachary bourne . ( who was sworn . ) mr. att. gen. pray will you recollect your self , and tell what knowledge you have of the prisoner , what meetings you had , and what was agreed . l. c. j. raise your voice a little . mr. bourn . the occasion of my knowing captain walcott was mr. fergusons lodging at my house , captain walcott used to come thither , but it was sometime before i changed any words with him . mr. att. gen. speak aloud , mr. bourne . mr. bourne . mr. wade came presently after i came to town from the wells , and said , i must needs meet in such a place , it was at the dragon upon snow-hill , where we met several others besides captain walcott ; the business was a design to raise men , and divide the city into twenty divisions , in order to the securing of his majesty and the duke of york , and setting up the duke of monmouth l. c. j. was it securing or killing ? mr. bourne . it was not killing i think , we never expressed it killing at those meetings . i think every time i met them captain walcott was there . once i was at the salutation in lombard-street . l. c. j. what was the result of your meetings ? mr. bourne . to make all expedition imaginable . l. c. j. was it discourst how , or in what manner those persons were to be raised ? don't refer your self to the evidence that went before , but tell it your self . mr. bourne . the city was to be divided into twenty divisions , and to raise as many men could out of them , but they were not to tell the direct business , but if there should be occasion , or the papists should rise , they might know their strength , and what they were able to do . mr. att. gen. this was their pretence , because it should not be told those men . l. c. j. did mr goodenough bring any account of it ? mr. bourne . mr. goodenough brought an account of about four thousand ; three i think it was , or very near , out of those divisions he had an account of . l. c. j. was captain walcott there at that time ? mr. bourne . yes . mr. s. jeffreys . when the discourse was about securing the king and the duke , was captain walcott there ? mr. bourne . yes . l. c. j. did you hear what parties were design'd to be in this act ? mr. bourne . they were not come to that . l. c. j. did you break off from them before that ? mr. bourne . no , ●h : discovery prevented it . l. c. j. when was your first meeting ? about what time ? mr. bourne . about ten days before the discovery was made . l. c. j. was mr. west at any of your consults ? mr. bourne . yes , at some of them , and captain walcott was at three of them , if not at all , i think . l. c. j. what was to be done ? mr. bourne . they were to have seized my lord mayor and the two sheriffs , and some of the aldermen , and the chief ministers of state about town . mr. bar. street . was there any body designed for that particular business ? mr. bourne . no , not then , it was not come to that . mr. att. gen. was there any thing about my lord keeper ? mr. bourne . yes , mr. west did say to me , it should be my business to secure my lord keeper . i told him , i did not care to meddle with any of my neighbours . he said , he would call him to account with all his heart , he would put him in mind of colledge . mr. att gen. pray were you imployed to speak with any of the nonconformist ministers about it ? mr. bourne . i would have spoke to two of them , and mr. west was unwilling , for he said the ministers had destroyed all designs ever since constantines time , and he would have nothing to do with them now . mr att. gen. when was your 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 ha● 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 or 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 cal●●d him coxcomb . this was about the th of november . mr. att. gen. what time of november ? mr. west . the th . mr. att. gen. but upon what day ? mr. west . queen elizabeth's days . mr. att. gen. no , sir , that is the 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 or 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 se●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 insurrecti●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 hampt●n-court ; but that was never reported , and so laid aside . that is all i can say concerning the ass●ssination ; but i believe , they did intend to carry it on ; for coll. rums●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 should be kill'd , and as many of the lieutenancy as they could get ; and the principal ministers of state , my lord halifax , and my lord rochester that now is , and my lord keeper , for which they gave this reason , because he had the great seal ; and my lord rochester as like to stand by the dukes interest ; and my lord hallifax , as being one that had profest himself of the party before , and turn'd from the right side , and had put the court upon that which otherwise they would never have acted , nor had the courage to have done . as for my lord keeper , they said they would hang him for the murder of colledge , and upon the same post colledge had hung . sir iohn moor was to be kill'd , and to be hung up in guild-hall , as a betrayer of the rights and liberties of the city : and your lordships to be flead , and stuft , and hung up in westminster-hall ; and a great many of the pentional parliament hanged up , as betrayers of the rights of the people . l. c. j. how was this to be done ? to flea them , and stuff them ? mr. west . yes , i understood it so . mr. attor . gen. at these discourses was this gentleman present ? mr. west . he was not at my chamber so often as the rest ; he came not there till towards the latter end ; but he was there sometimes when these things were discours'd of . l. c. j. but you say , he did at last undertake to fight the guards ? mr. west . yes , upon the news of the fire , says he , i believe god shews his disapprobation of the thing . says mr. ferguson , i believe he reserves them for worse punishment . mr. walcot said , he desired to have his name conceal'd . why , says ferguson , why should you be ashamed , it is a glorious action , and such an action as i hope to see publickly gratifyed by the parliament ; and question not , but you will be fam'd for it , and statues erected for you , with the title of liberatores patriae . mr. s. jefferies . what is this ferguson ? mr. west . he is an independent parson . mr. s. jefferies . he preached excellent gospel . mr. west . says he , i have told some non-conformists , and they desired me to forbear ; but , says he , they are silly people , that do not know how to distinguish between killing a prince for difference in opinion about religion , and destroying a tyrant , for preservation of the rights and liberties of the people . he said , it was an action that would make all the princes of the world tremble , and teach them to use their subjects kindly . my lord , they did design at the same time , when the mayor and sheriffs were to be kill'd , that mr. papillon , and mr. dubois should be forced to take the office of sheriffs upon them ; and if they would not take it , they would use them as they did the other : and that sir thomas gold , or sir iohn shorter , or alderman cornish , should be set up for lord mayor : but rather alderman cornish , as the fitter person . i asked them further , what they would do with the king 's natural sons ? says he , they are good lusty lads ; i think we had as good keep them for porters , and watermen ; and for my lady ann , they had as good marry her to some country gentleman for a breed , to keep out foreign pretences . mr. s. jeffryes . i perceive they left nothing unconsidered . mr. att. gen. mr. west , to repeat all their passages would fill a volume ; but as to the continuation of the rising , and whether it was continued ? mr. west . i have a great many particulars , but have them not in method . mr. soll. general . answer questions then . mr. west . when mr. rumbold came to town , he said , he saw the king come by but with six guards , and believed he could have done it with six men , if he had been provided with arms. this is all i can say , except some little d●●course which i have not time to reduce into method . about christmas coll. rumsey told me , there was a design carrying on among the lords , and great men , by whom i alwaies understood , the duke of monmouth , my lord russel , my lord grey , lord howard , coll. sidney , major wildman , mr. hambden , for an insurrection ; and that this was designed to be done about march. coll. rumsey and i were discoursing o● it ; and coll. rumsey thought it fit to draw up some things , that we should require of them to do for the people ; and a paper was drawn up , but my lord russel said , they were rejected , and all should be left to the parliament . and coll. rumsey said , the duke was inclin'd to gratify the parliament ; but the lords about him were for great places , and they would suffer him to do nothing . mr. s. jeffryes . now tell us about culing . mr. west . i dined at a tavern with coll. rumsey , mr. wade , mr. nelthrop , mr. goodenough , capt. walcot , and mr. norton . mr. s. jeffries . what was your discourse there about ? mr. w●st . there was no discourse that had any particular point . mr. sollicitor . was there nothing of division of the city . mr. west . sir , goodenough gave some general account , but nothing was done upon it ; while we were there , in came mr. keeling to speak with mr. goodenough , and mr. nelthrop ; and in the gazette that day was an account of the insurrection at collen ; and mr. nelthrop when he came in , call'd this man , culing . what is that , what do you mean , says he ? i was then writing a letter , and told him , culing in dutch , was the s●me as keeling in english . mr. nelthrop took me aside ; says he , what will you say if i , and some friends of mine , deliver the city , and save the charter , and no body shall know of it till it be done ? but s●ys he , shall not i be hang'd for it ? said i , take heed what you do , no body will be hang'd for any good thing , as to the delivering of the city . there was a treaty between the scots , and our persons of quality here , and coll. sidney and major wildman had the management of it , as i understood . at last , they came down to some terms ; they would have had l. to buy arms , and came down at last to l. and the earl of argyle was to head them : but when mr. ferguson paid me for the arms , he told me , the scots business was quite off , and wildman and sidney haddone ill with the scots ; for after they had kept them , and treated with them two or three monrhs , they broke off because the scots would not declare for a commonwealth the first hour , and extirpating of monarchy , and the family of the stuarts : and that the scots answer was , that would be to destroy all their interest among the lords ; and providence might orderit so , as to bring it to a commonwealth , but that was a business of time . when this was broke off , mr. ferguson told me , that the duke of monmouth was willing to speak with me . and goodenough , and some others . i told him , i never had , nor was willing to speak with him . then he said , sir thomas armestrong would , i told him , i was not willing to speak with him neither : mr. goodenough , i believe , did speak with sr. thomas armstrong . we met at richard's coffee-house , and adjourn'd to the young devil tavern , there was capt. walcot , col rumsey , mr. wade , mr. goodenough and my self , and one holloway a merchant at bristol . mr. holloway did propose , since the scotch business was broke of , that they should try what forces they could raise here . and mr. ferguson did say , if three thousand men could be had , he believed the duke of momnouth and my lord russel would appear in the head of them . they were to divide the city into parts ▪ each th part into ths and ths , and to divide it into streets and lanes ; one principal man was to have a th part , and to have men under him and that they should not interfere with one another , they bought a great map of the city of london . my lord , i did not read one line in it : but mr. goodenough being a man of publick acquaintance by reason of his office did undertake it . i think he did propose mr. borne for one , and one mr. graines for another , and said he would speak with mr. keeling . we had several meetings after this , and mr. goodenough did report that there were men out of two of the hamlets . my lord , i stood here while mr. bourne gave his evidence ; but i suppose he hath a little forgot himself , for he told me he had spoke to one parson lobb , and he said to him he would try what his congregation could do ; that he had two in newprison , and he would set them out to see what they could do ; that they were poor men , but zealous in their way . i think mr. bourne hath forgot himself , for he did mention that he had spoken to parson lobb . mr. s. jefferies , then parson lobb was in ; there was another parson in . mr. west . yes , and he mentioned lobbs pound . mr. att. gen. the prisoner was at those several meetings , was he not ? mr. west . yes , and did shew himself ready to act his part . about a fortnight before the discovery brake out , mr. rombold told me they had a great jealousie mr. keeling would discover all the business ; that mr. keelings wife and mother cryed mightily , and charged him for neglecting his business ; and said they were afraid he would do a great deal of mischeif to honest people , for he had replied to them he would not want money , and he would be hanged for no body ; upon which rombold told me , if i was sure of this , says he , i would dispatch him , i would get him into the country and kill him ; but saies he , i will not kill an innocent man ; if i thought the thing was not so , i would not kill him for all the world. mr. keeling told him he had an overture from one shoote of fourscoure pounds a year . mr. att. gen. after you had notice of the discovery , did you meet ? mr. west . the saturday before the discovery , i dined with mr. rombold , and he took mr. keeling along with him ; saies he , we won't discourage him too much ; it may be 't is not so ; mr keeling told him he never wanted money so much in his life ; mr. rombold and one gal● that was to be one of the assassinates ; contrived to help keeling to money , and lent him . upon the sunday , i had notice the thing was discovered , and that keeling had accused me , and mr. goodenough , and mr. nelthrop . on the munday morning early i thought fit to retire ; but we did agree to meet at capt. walcots lodging . my lord , i came thither pretty ●arly , and all the people came afterwards that had agreed to come thither , but they designed to go beyond sea. i had no mind to go ; they had hired a boat , and gave . l. in earnest , but the next morning it was said the messengers were abroad , and that it was believed the river was beset , and there was no getting away ; then every man shifted for himself , & i shifted by the means of mr. bourne , who i thank him , helped me to a conveniency for two or th●ee days . when we were all retired , they got mr. keeling in the city , and rumbold discoursed him in the presence of several people , where he wished a great many imprecations upon himself if he had discovered . i told them i did not understand him ; for if he had made a discovery , it was a fine way to catch people in . then there was a discourse of killing him ; they proposed to him to go out of town : he refused them , but said he would go in a few days ; tha● night they followed him , and upon tracing of him , they found he had called out his brother , and that he and his brother were gone to the secretarys , and then it was taken for granted that discovery was made , and every man must shift for himself . had not keeling deceived them at that meeting at the tavern by the protestations he made , some body had killed him there . then mr. wade said , if the duke of mommouth would go into the west , we might try a push for it , and the prisoner at the bar said , i am satisfied god will deliver the nation , tho he does not approve of the presen instruments . l. c. just. have you done as to this gentleman at the bar ? capt. walc . when was it that i should say these words ? then i desire your lordship would ask him how many months ago it was he saies i gave him the paper ? mr. west . it was in october . capt. walc . then , whether i did not then lye ill of the gout ? mr. west . not at that time , my lord. this that i say of the paper was given me at my chamber , and then i think he was pretty well . capt. walc . my lord , i am not so natural a fool to think , for me to charge the guards , when another man kills the king , but i am as guilty as he that kills him . l. c. just. no doubt of it . mr. west . capt. walcot , i would not take away your life to save my own ; but i do take it upon me , that you did agree to command , or be one of those that were to fight the guards . l. c. just. what was the reason he would not kill the king ? mr. west . he said it was a base thing that way , being a naked person , and he would not do it . l. c just. so the point is the same , but only you distinguished in the point of your mistaken honour , and thought to kill the king was not so honourable a point , as to fight the guards . capt. walc . there is no difference between the one and the other , to do one and the other is the same thing . l. c. just. your judgment is now rectified ; but what say you to the matter ? for now you hear what is fastned upon you , that is , several consults about the securing or killing of the king ; and your advice was to kill him , and you did go down to romball's house , to view the place where it might be done the most 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 jenkin● . 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 th . . — 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 ●f his majesty thinks it advisable , i will f●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 person privy to it ; and that i might have the better opportunity to make good my word to his majesty , and to approve my self . your honours most humble servant , tho : walcot . mr. att. gen. swear capt richardson . ( which was done . ) capt. richardson . my lord , on sunday at night , mr. walcot desired to speak with me , and he seemed very desirable to wait upon his majesty , and unbosom himself to the king ; mr. attorney sa●d , i should give him notice , to prepare himself for his tryal : which i did , and told him , he should want nothing to prepare himself for his tryal . yesterday morning his son came , and i sent my clerk to stand between them , and he had prepared this little paper tyed close with a thread , which my man told me he did intend to give his son ; and he desired me , since i had discovered it , i would make no use of it . the letter was to captain tracy , that was his land-lord , to speak to coll. rumsey , that he would be tender of him ; and tell him , he had ground enough to serve the king upon other men : and also to speak to mrs. west , to desire , the same thing of her husband . the last words of the note were , if you cannot be private , leave the issue to god. l. c. j. mr. walcot , have you any thing to say for your self , against this plain evidence ? capt. walcot . my lord , they have taken a great deal of pains , and made long speeches , though very little of them relating to me , though too much . coll. rumsey tells your lordship of a design they had to assassinate the king , and carrying on a war , or something like it , when i was out of the kingdom ; that at mr. sheppard's house they drew up a declaration ; and that upon mr. trenchard's saying , things were not ready . this was before i came into england : and he says , this was agreed at mr. west's chamber befo●●● came out of holland : that rombald undertook it . then he says , that after i came over , i undertook to charge the guards while the king was killing . my lord , that was a very improbable thing : for i look upon it , that there is no difference between killing the king , and securing his guards . these gentlemen , by what they have said , do sufficiently convince the court , and all that hear them , that they are sufficiently dipp'd themselves . here they combine to take away my life , to save their own . then they tell you , ' that mr. goodenough , and mr. rombald brought notes about men that were to assassinate the king ; but they do not tell your lordship i was privy to any of these notes ; nor that i knew any of them . it 's in it self very improbable , that i would ingage in so desperate an undertaking with men i never saw , nor heard of in my life . then he tells you , that mr. ferguson had been at a place where i was , & there they inquired , what mr. goodenough had done : and withal , they told you , they met at my lodging ; now that their meeting was ar'my lodging , was by coll. rumsey's appointment , i knew nothing of it . most of these meetings were by coll. rumsey's appointment , or mr. wests : i accidentally came amongst them sometimes , but all my business was , only to hear news ; nothing was agitated concerning killing the king , or levying of war , more or less , as i know of . i must confess , i did hear that there was a design by a great many lords , and gentlemen , and others , for asserting of their liberties and properties , but i was never in any consultation with them , or any message to them ; nor i never saw one of these lords , that i know of , that are said to be concerned . therefore i say , 't is very improbable i should be so far concerned , as they seem to represent it ; they met at the five bells , they allow themselves i was not at that meeting . for mr. keeling , he does not at all charge me . what i said to mr. west , relating to the business he talks of in october last , that , my lord , is out of doors in point of time ; i pray god forgive him for what he has said , i can't say more than i have . l. c. j. pray where do you live ? where is your habitation ? capt. walcot . my habitation is in ireland , my lord. l. c. j. pray , what do you here ? capt. walcot . i was invited by my lord shaftsbury to go governor to carolina . l. c. j. that design was a great while ago frustrated . capt. walcot . my lord , it was some while before i came over , and so my lord gave his commission to another . but being in england , my lord shaftsbury invited me to go to holland with him , which i did ; and when he dyed , i came to london ; i had not been here a f●rtnight , but i fell ill of the gout , and that continued three months : another thing was , my son was here , and i designed to marry him , and make provision for my younger children . my lord , i have a competent estate , i hope it is no great crime for a man of an estate to be here . l. c. j. you confess , you heard some discourse of these things ; what made you to frequent their company , when you heard these things ? capt. wal. it was my folly to do it . l. c. j. ay , but you are to understand , that folly in these cases is treason . capt. walcot . i conceive , my lord , 't is only misprision of treason . i did hear of a great deal that these gentlemen have said , and that there would be an insurrection ; but i had no hand directly , or ind●rectly in it ; nor did it enter into my thoughts , either directly or indirectly , the death of the king. when some gentlemen have talked to me of it , i abominated it , and told them , it was a ●candalous thing , a reproach to the protestant religion : for my part , i had children would bear the reproach of it , and i would have no hand in it . l. c. j. look you capt. walcot , that you did deny to do the fact , to assassinate the king , that is very true , they say so , that you did always deny it , for you stood upon this point of gallantry , a naked man you would not assassinate . and then you talk of misprision of treason : for a man to hear of treason accidentally , or occasionally , and conceal it , is but misprision : but if a man will be at a consult where treason is hatched , and will then conceal it , he is guity of treason therein ; therefore do not mistake your case . so that your point of law fails you , and every thing fails you in this case . it appears plainly by them , that you were not only privy to the consult as an auditor , but as an actor ; you chose your post , and upon this point of gallantry you would venture your self , not upon a naked man , but upon persons that would oppose you . cap. wal. certainly no man that knows me , would take me for such a very fool , that i would kill the kings guards ; as if i were not sensible , that was equal treason with the other . mr. att. gen. ill men are always fools . capt. wal. 't is clear they have laid their heads together , they have contrived to take away my life to save their own ; 't is plain enough . l. c. j. there is nothing more reasonable , nothing more just in the world , than to make use of some traitors to discover and convict the others , else would treason be hatched securely . there is no body capable ( where treason does not take effect ) of making an evidence in such a case , but some of you that are the conspirators . you do not publish it at the market-cross . and if you could gain but this point , that none that are concerned with you in the conspiracy should be witnesses , it would be the securest thing in the world to hatch treason . for you would be upon this point , either it shall take effect , and then 't is too late ; or if it do not , and the conspirators are not to be believed , then i am secure no body in the world can convict me . juror . we desire he may be asked what he says to the letter . l. c. j. well , what say you to it ? you have made proposals you will discover others , and you will give intimation to the king of the measures the rest of the conspirators were taking in ireland , and other places ; upon what design did you write that ? and what induced you to it ? cap. wal. my lord , i have told your lorship , that i have heard a great many discourses relating to that thing , and heard it mostly by mr. ferguson , with whom i had a very great intimacy , and i did according to my promise give that accompt of it ; but if his majesty would not believe me , i can't help it ; but the king was not pleased with me , because i could not descend to particulars . and i could not , because i never had been in their company , nor knew nothing , but what i had once by a private hand ; i dealt ingenuously and truly with the king , and told him what i knew . l. c. just. pray observe the contents of your letter . you made this proposal , that you being in the proc●amation , you where one of the fittest men to understand and spell out the measures of the other persons . by this it is plain , you took your self to have an intimacy , and some intrigue with the other persons that you thought were impeached . your letter does import that you had such an interest with those persons , that they would have communicated their counsels to you . cap. walc . my lord , i never spake but with mr. ferguson , who was a man they did much confide in ; and i knew very well that by my interest in mr. ferguson , i shou'd have an interest in the rest . but truly whether the duke of monmouth be there , or not , i know not . i do not know him if i meet him . i was never at any consult , never at any of these debates . l. c. just. what did you mean by this , that this was your first crime ? you knew what you was charged with , it was for high treason . capt. walc . my lord , 't is my first crime . my lord , i have heard there was an insurrection intended , i have heard of the persons that were to carry it on ; i did look upon this as a misprision of treason ; but that i ever acted in it , or intended it , i utterly deny . l. c. j. the last question is , whether you have any witnesses ? cap. wal. i have only a young man or two , if he be here , to prove the time that i was ill of the gout , and therefore it is improbable i should be so far concerned . l. c. j. i must tell you before-hand , that an argument from the topick of probability , will do you but little service , when there is positive evidence against you . this it will import you to make a little anwser too , if you can , what you meant by your application to col. rumsey ; desiring cap. tracey to speak to him and mr. west , what do you mean by that ? cap. wal. my lord , would not any man in my circumstances desire a man to deal tenderly with him ? l. c. j. well , is this young man come in ? come sir , what have you to say on the behalf of the prisoner at the bar ? or will you ask him any questions ? cap. wal. only about what time i fell ill of the gout , and how long i continued so . l. c. j. do you know about what time he fell ill of the gout , and how long it continued ? wit. my lord , i can't certainly remember the time , but i believe it was about three months ; i can't tell certainly when it began . cap. wal. my lord , it is very improbable , that when i was not able to put a shooe on , nor wear a boot , i should ingage in so hazardous and desperate an undertaking . l. c. j. have you done sir ? cap. wal. yes , my lord. mr. sol. gen. may it please your lordship . — cap. wal. the iury will take notice , here are four men to save their own lives , swear me out of mine . mr. s. gen. may it please your lordship and you gentlemen of the iury , the evidence you have heard has been very long , and i observe that cap. walcot has complained of it ; it has been delivered mostly in general terms , and is afraid you should not apprehend it aright , to see those parts wherein he is concerned , but mistake what is said in general , to be spoken against him ; i will therefore do him the justice as to recapitulate that part of the evidence that does immediately concern himself . it has been very full , and given by every one of the four witnesses that have been produced against him , besides the letter under his own hand , which is twice as many more . the first witness i shall remind you of , is mr. west , tho not produced first , yet because his evidence goes further backward ; his acquaintance began with him in last summer vacation , he became soon intimate with him , and cap. walcot did unbosom himself , and tell him that there was a design to make an insurrection ; that it was my lord shaftsbury's design that he was to be an officer , i think he said a colonel of horse ; he invited mr. west to partake with him in that design , and did propose to him the advantage of a command in the army ; but he not being qualified , declined it . he tells you further , that he did acquaint him , there was a design to assassinate the king ; and 't is easie enough to be believed ; if there was one designed , the other was too . and you see all along the only dispute was , whether the assassination should be first , or follow ; for to raise arms against the king , is directly to assassinate the king ; for it cannot end any other way with security to those that raised it . he told mr. west he would not be concerned directly in the assassination ; but in the insurection he would ; he was perswaded to come in ; this was last october discoursed with mr. west , they were to rise in november . then col. rumsey comes in , and he tells you that there was a design to rise in november . the lord shaftsbury sent him to persons concerned in the conspiracy to know in what readiness it was ; but they being disappointed of men , whom they expected to rise in the country , they did defer it at that time ; at which my lord shaftsbury being concerned , went into holland , and i think the prisoner himself hath told you he went with him . the design was not then laid aside , but still carryed on , the most material man , mr. ferguson , being in holland , there was some little stop put to it , that is , to the swift progress of it ; & therefore he was s●nt for over to manage it , as being the only man , in whom all persons had confidence . when he comes over , he brings cap. wal. along with him , mr. ferguson meets at mr. wests chamber , this mr. west and col. rumsey give an account of , they both swear it . several meetings there was , in which cap. wal. was not , and possibly at those times he might be sick of the gout , and that might occasion his not being there . but afterwards , both tell you that cap. walcot did meet at mr. wests chamber , and there was debated particularly the assassination of the king ; and it was agreed to be at rombalds house called the rye , looking upon it as a very convenient place ; as those that know it say ; there being a narrow passage that it was easie to assault , and hard for persons to esape , and with or men , thereabouts ; it was a design very likely to have suceeded . cap. walcots share in this , was not directly the assassination of the king , that he would not be concerned in , being a soldier , it was beneath him to do that ; but his part was to fight the guards , he looked upon that as the more honourable employment ; men-that were armed , to ingage them . this is proved both my mr west and col. rumsey . in the next place , gentlemen , when this did not succeed , but was prevented by the great providence of god almighty , as you have heard , they carry on the design still , and take it into their counsels , and resolved to carry it on , either at windsor , or in his passage from windsor to hampton-court ; but no place was certainly fixed upon ; and i think the latter resolution was , that it should be done at the bull feast , an entertainment that was designed here in the fields . now gentlemen , while this was carrying on , it was necessary to carry on the other part too , that is the insurrection ; and that , cap walcot is all along concerned in . he is present at the meetings in the taverns , where they discoursed concerning raising men to secure the king. this is mr. bournes evidence , that at the dragon-tavern on snow-hill , there they met to consult to secure the king and the duke . that he was present at the meeting in london , this is sworn by all , by col. rumsey , mr. west , & mr. bourne , where goodenough was to give an account what success he had in the list , made of dividing the city in several parts , and raising men out of every division , and cap. walcot met for to know what progress they had made in it . gentlemen , every one of these are overt-acts to declare his intention to kill the king , and are all high-treason . the gentleman at the bar cannot attempt to mitigate his offence , by saying he would not directly assassinate the king , but would be the man to assist in raising arms ; this make him equally guilty . to conspire to raise arms against the king , certainly that is as great a declaration of his imagination of his heart to kill the king , as anything in the world . and this being proved upon him , there is no room for any ojections for him to make ; some he hath made , not worth the mention ; but because they are those he thinks fit to put his life upon , i will take notice of them to you . he says the witnesses are not to be credited , because they have been concerned in the same conspiracy . gentlemen , because they have been concerned , therefore they are to be believed ; for who should know this , but thos● that were so concerned ? i think , gentlem. there is no good man , no honest man would desire a better evidence , for better evidence could not have been had , unless the thing had taken success , and i am sure that is far from the heart of any man , that has the heart of a christian , to wish . does he pretend to intrap these witnesses in any contradictions ? does he pretend to say that these witnesses have consulted together to make up this story to accuse him for his life ? there is nothing pretended of it , but on the contrary he owns he met these men ; but the end of his going there , was only to hear news . i thought that had not been the proper place to hear news inicertainly no man that comes there , would have been admitted me●rly for curiosity ; certainly he must bring a mind to accompany them in all their villany ; but his own confession you have for that . i think he hath hardly confidence to deny , but he was at several consults for raising of arms at mr. vvests chamber . you were when goodenough gave an account , at the green-dragon tavern . you were where discourses were of raising arms to secure the king , and nothing he has said gentlemen , to clear himself . gentlemen , here is that above all evidence ; here is almost the confession of the prisoner , the letter of his own hand . that letter ( when he see his name in the proclamation ) acknowledges it , it is his first crime he says ; what was that crime ? he was proclaimed as a traitor : he says in his letter , that his life was at the king's mercy , that if his death would do the king more service than his life , god's will be done ; that if his m●jesty would admit him to come in , and use mercy , he would tell all he knew concerning england , scotland and ireland , which he thought would be more material than any thing that another discoverer cou●d tell . this shows he hath a deeper hand than any of these men that have given this evidence : you see they accuse themselves , they confess this , and 't is a great mercy they have so done , for all your lives and liberties in the person of the king are preserved ; and god be thanked , that you are here this day to sit in judgment upon that would have deprived you of them . l. ch. j. look you , gentlemen of the jury ; here is the pr●soner at the bar indicted of high treason , and 't is for conspiring the death of the king , and for endeavouring to raise arms within his kingdom against him . you hear he d●nies himself to be guilty ; you have heard the evidence , and this does plainly appear upon what you have heard , that there was a dangerous and desperate plot upon the king , to have destroyed him , that is most certainly plain , the prisoner himself conf●ssed it , that there were several consults and meetings concerning it ; and that this had a great progress from time to time , for near half a year is very plain ; that he was at 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 th●● 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 bu● 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 excu●● 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 ●●●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 ●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 evid●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 s●ar●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 . 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 th , 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 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 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 a●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 that meeting tell the jury what discourse you had , for many of these gentlemen are not the same that were on the jury yesterday . mr. keeling . it was discoursed then of the king 's coming home from new market the saturday after the fire . mr. west told mr. rumbold , he heard the king would come home that day , but says he , i don't believe it ; says rumbold , i hear he will come home on says mr. west . i hear so too . they said they hoped they would not come home on monday . says mr. west to mr. rumbold then , how many swan quills , goose quills , and crow quills , and how much sand and ink must we have ? i think the prisoner at the bar must needs remember it as well as i. it was agreed by mr. rumbold , i think i am exact in the number , and he was by and heard all the discourse . mr. att. gen. what did they mean by this ? mr. keeling . by swan quills , they meant blunderbusses ; by goose quills , muskets ; and by crow quills , pistols ; and by sand and ink , powder and bullet . he took acquaintance with me after that meeting ( for i never saw him , as i know of before ) and after some time he told me , he was one of them that was to go down to rye to assassinate the king. and since that , at a coffee-house in swithin's alley , he told me , it would never be well , till the black-bird and the gold-finch were knocked on the head ; they being terms i did not understand , i asked him what he meant , he said the king and duke of york . sir geo. jeff. you are sure that is the man ? mr. keeling . i am sure that is the man ; vvilliam hone. sir geo. jeff. what , is that the man that talked of the black-bird , and gold-finch ? mr. keeling . i am sure that is the man. mr. att. gen. now swear mr. west . sir geo. jeff. if mr. hone has a mind to ask him any questions , he may . hone. my lord , this i deny : as to the black-bird , i own it ; as to the gold-finch , i never heard a word of it till this time . sir geo. jeff. you had only a design upon the black-bird then . mr. west sworn . mr. att. gen. tell the court what you know of the meeting at the dolphin tavern . mr. west . i was there , and mr. keeling came in . there was several things said of swan quills , goose quills , and crow quills ; but this man did not come in till this discourse was over ; and i am sure i did not speak of any thing of this nature before this man in my life . but mr. goodenough did undertake to provide the men , and mr. goodenough said , he would try him , if he would make an attempt upon the duke without the king. and i asked him , whether he had seen mr. goodenough ? he told me he had ; says he , he spoke to me about a little job for the duke . mr. goodenough said , he had spoke to him fully about the thing . and i saw him often in the company of mannius , that was designed to be another of the assassinates . he was at my chamber once ; says he , master shall we do nothing ? i think he used these words , that if the duke of monmouth would be true , and appear , he could bring or threescore honest men of to'ther side the water to do the business : i asked him , what business ? says he , either a brisk push ( that i took for an insurrection ) for the two brothers : says i , what brothers do you mean ? says he , the captain and lieutenant : those were the two terms they used since the van●berring was printed . i think he was a pretty honest fellow before this time ; he was deluded by goodenough , i think , in the thing . l. ch. just. ( to mr. west . ) do you come to justify these things ? mr. west . my lord , he hath been deluded basely , and i am sorry for the poor fellow . l. ch. just. it is a very unusual thing , for one in your condition to use such expressions in such a case . sir geo. jeff. mr. west , you have been deluded . mr. att. gen. captain richardson , and sir nicholas butler . sir geo. jeff. i find he is not worthy of the mercy the king hath shewed him . mr. west . it was a word i put from me unawares . sir geo. jeff. my lord , we will give you an account of a design this man had long ago to kill the king. sir nicholas butler sworn . sir nicholas butler . my lord , i know the prisoner at the bar very well , i have known him many years , i have always known him guilty of plotting and contriving , and ready upon all occasions to embrace any thing for these purposes laid to his charge . particularly , when sir francis chaplain was lord mayor , his majesty and the duke stood at mr. waldoe's house , by reason of the angel-house being shaken . and he came to my house , and told me , he would discourse me upon some private matter , i called him into a closet , and he told me , they had a fair opportunity to take off the king and the duke at once ; i told him , that would do very well , but how will you do it ? says he , we will do it with cross-bows , we are to be half a dozen , and we will go into the steeple , where there is a window just opposite to the balcony , and a great deal of discourse we had to this purpos● . my intent was to divert him from this design , and told him how impossible it was they should escape the foot-guards , and horse guards , and multitude of people : and if he did not do the business effectually , he would be undone , and all the party . i rested satisfied he would have desisted upon this . but i knew the principles of these fifth monarchy men , and their associates , and thought it not safe to trust to his bare say so , that he would desist , but i went to the king and the duke of york , into my lord chamberlains chamber , where they came to me , and i gave them this account , and desired them to set some to watch the place , and to search if any were got into the steeple before they came ; and there was one horsal appointed , that did accordingly watch them , but none came : upon which some good-willers to it have reported that it was a sham-business , but i think that was not well done . but the thing was real , and when he was examined before the king in the secretary's office , he did confess all these things that i charged him with . mr. att. gen. sir nicholas butler , had you any discourse of killing the king at this time ? sir nicholas butler . no ; at last they did understand i kept a correspondence at court , and then they would tell me no more . mr. attorn . gen. since he was taken , what did he say about this matter ? sir nicholas butler . about this matter he did acquaint divers , he was one that was to kill the king and the duke . captain richardson sworn . capt. richardson . sir nicholas butler asked him in my presence ( i went along with sir nicholas when he examined him ) as to this thing , how he was concerned ? he said mr. goodenough 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 l. capt. richardson . he said he did not desire to stir , and goodenough told him he should have l. to buy him horse and armor : and told us the business of rye ; the place he did not know , but said it was ●●● place where the king was to be murdered . this is the substance of the examination taken ; sir geo. jeff. tho the p●l●ner at the bar did partly make a confession , yet for the satisfaction of the world. ●y lo●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 . . 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 comm●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 th , and divers other days and times , as well before as after , at the parish of st. michael bassishaw , in the w●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 sover●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 lord , we can grant you nothing till you have pleaded . therefore that which is put to you now is , whether you say you are guilty , or not guilty ? l. russel . my lord , i 'am not guilty . cl. of cr. culprit , how wilt thou be tryed ? l. russel . by god and my countrey . cl. of cr , god send thee a good deliverance . l. russel . my lord i thought a prisoner had never been arraigned and tryed at the same time , i have been a close prisoner . l. ch. j. for crimes of this nature , my lord , we do it continually . l. russel . it is hard , my lord. mr. att. gen. my lord hath no reason to complain for want of notice , for since monday seven-night he had notice of his trial , and the matters alleged against him he had notice of , for questions were put to him about this matter , he hath been fairly dealt with , he hath had the liberty of counsel to advise him ; there hath been no sort of liberty denyed him , which becomes any subject to have in this condition . l. ch. j. my lord , i do not know whether you hear mr. attourney . he says your lordship hath had a great deal of favour shown you already , in that you have been acquainted with the crimes for which you are now indicted , that you have had a great deal of warning given you , that you have had the liberty of counsel , which hath not been known granted to any under your lordships circumstances . he says , he doubts not but your lordship is prepared for your defence , because you have had so much knowledg , and warning of the time and matter for which you were to be called in question . l. russel . my lord , i am much to seek , i only heard some general questions , and i have witnesses , that i believe are not yet in town , nor will be , i believe , till night ; i think it very hard i can't have one day more . mr. attorn . gen. munday seven-night your lordship had notice . l. russel . i did not know the matter i was charged with . mr. attorn . gen. yes certainly , for i was with you my self , my lord ; and those questions you were examined upon , were a favour to you , that you might know what the matter was you were accused of . l. ch. j. my lord , without the king's consent we can't put off the trial ; if the king's council think not fit to put it off , we can't grant your lordship's request in this case . l. russel . i would desire a copy of the pannel of the jury , that i might consider of it ; for how else can i make any just challenge ? i thought the law had been very favourable to men upon their lives ; and therefore it had allowed people to have some little notice . l. ch. j. hath not your lordship had a copy of the pannel ? i think your lordship was allowed one , we gave order your lordship should have a copy of the pannel . mr. att. g. we did indulge him so far , that he might have a note of all the men returned . l. russel . i never had a copy of the pannel . l. ch. j. it was the fault of your lordship's servants then ; for i gave order for it my self . 't is such a favour , that in regard a man's life lies at stake , we never did deny it , to my knowledg . and therefore in this case i gave order to the secondary to deliver a copy . i know the king did not design to be hard upon my lord in his tryal , but that he should have as fair a tryal as ever any noble person had . l. russel . i pray i may have a copy then . sir g. jeff. if my lord had sent his agents , and it had been refused , there had been something in it . mr. att. gen. secondary normansel was with me , and i gave him my allowance , tho it was not his right . l. ch. just. that my lord may not be surprized , what think you of giving my lord time till the afternoon , and try some of the rest in the mean time ? mr. att. gen. truly , my lord , if i could imagine it were possible for my lord to have any witnesses , i should not be against it . l. russel . 't is very hard . mr. att. gen. do not say so , the king does not deal hardly with you , but i am afraid it will appear you would have dealt more hardly with the king : you would not have given the king an hours notice for saving his life . secondary trotman . i gave my brother normansell a copy of the pannel on my side , and hear that my brother normansell hath said that he delivered a copy . then secondary normansell was sent for , and the court staied for him some time . mr. atwood . my lord , a gentleman told me , he did not know whether it was fit , till he had consulted the attorny general ; afterwards i had a copy as it stood then , not as it is now . mr. attor . gen. i desire my lord may be asked who he sent for it ? lord russel . i did not send for it ; i inquired , and they said it would be refused . mr. attwood . no , the gentleman had it with the fair perriwig . l. ch. just. it was delivered to your servant , or agent , what did you do with it ? l. russel's gent. sir , the gentleman gave me out of a book some names . sir geo. jeff. what did you do with them ? l. russel's gent. i writ them down , they were not perfect , i did not know what they were . l. ch. just. sir , you were to blame not to deliver it to my lord. l. russel's gent. i was not bound to deliver an imperfect thing to my lord. l. ch. just. sir , you should have consulted your lords advantage , so as to have delivered any thing for his good . l. russel's gent. my lord was in the tower , i was not admitted to my lord. mr. attor . gen. did you give it to my lady ? l. russel's gent. yes , those names i had , my lady had . sir geo. jeff. how long ago was it ? mr. attwood . tuesday or wednesday last . l. ch. just. ( to lord russel ' s servant . ) look you , sir , when had you this ? l. russel . i had no pannel , i will assure you , delivered me ; i had some names of people that they said were usually on juries . l. ch. just. they were the names of the jury . l. russel . they were only the names of them that were like to be of the jury , no other pannel came to me . l. ch. j. my lord , there can be no other copy given , but the same that was delivered ; for your lordship does know in this case , any person accused , as your lordship is , may challenge ; and therefore there is a return generally of score , or score , and these are returned in case of your lordships challenge . when you have challenged so many as you please , then the men that stand after your challenge are to be of the jury : and therefore this is not like a pannel made up by the sheriff , in ordinary causes between man and man ; there they make a formal pannel , from which they cannot depart , when that is once returned ; but herein criminal cases , because of the challenge , they return either or : and i presume your lordship was attended with the names delivered . sir geo. jeff. how many names was delivered ? mr. atwood . above . l. russel . i had nothing of a pannel delivered to me , but some names . l. ch. just. there was never any formal pannel delivered to any person accused : the copy of it is in paper always . l. russel . how can i know who to challenge ? l. ch. j. my lord , the copy of it is in your hands ; your lordship hath been deceived in this , by not understanding the true nature of these things : if we were to give you a new one , we could give you but such an one . l. russel . i had no paper from the true officer . l. ch. just. no , but from your servant . mr. attor . gen. my lord , you will have cause to complain , if they are not the same men we now shall call . l. ch. j. my lord , that paper will guide your lordship in your challenges . l. russel . my lord , i did not mind it , i put it away . my lord , with your favour , i must needs insist upon having a pannel , and that you will put it off till the afternoon ; i have a witness that is not in town . my counsel told me it was never done , or very seldome , arraigning and trying at the same time ; except in case of common malefactors . l. ch. j. mr. attorney , why may not this tryal be respited till the afternoon ? mr. attor . gen. pray call the jury . l. ch. j. my lord , the kings counsel think it not reasonable to put off the tryal longer , and we can't put it off without their consent in this case . l. russel . my lord , 't is hard , i thought the law had allowed a pretty deal of favour to a man when he came upon his life . how can i know to except against men , that i never heard or saw one of them . cl. of cr. you the prisoner at the bar ; those good men that have been now called , and here appear , are to pass between you and our soveraign lord the king , upon your life or death , if you challenge any of them , you must speak as they come to the book to be sworn , before they are sworn . l. russel . my lord , may not i have the use of pen , ink , and paper ? court. yes , my lord. l. russel . my lord , may i make use of any papers i have ? l. ch. just. yes by all means . l. russel . may i have some body write to help my memory ? mr. att. gen. yes , a servant . l. ch. just. any of your servants shall assist you in writing any thing you please for you . l. russel . my wife is here my lord to do it . l. ch. just. if my lady please to give her self the trouble . mr. att. gen. my lord , you may have two persons to write for you if you please . l. russel . my lord , here hath been a name read , that i never saw in the list of the jury i had , i heard sir andrew foster called . l. ch. just. he is not called to be of the jury . cl. of cr. call iohn martin . he appears . l. russel . are you a freeholder of s. a year , i hope none are allowed in the pannel , but those that have freeholds ? l. ch. just. there is no pannel made in london by freeholders , we have very few freeholders capable of being impannel'd , because the estates of the city belong much to the nobility and gentlemen that live abroad , and to corporations : therefore in the city of london the challenge of freeholders is excepted . l. russel . my lord , i thought it had been always so , and the law had been clear in that case throughout england , that no man ought to be tryed for his life , but by those that have freeholds . my lord , i remember i read the statute of h. . where 't is positive , that no persons shall be judged in cases of life and death but by those that have s. a year . l. ch. just. my lord , that statute extends not to this case . read the statute . cl. of cr. whereas perjury is much used in the city of london upon persons , &c. l. ch. just. is this the statute your lordship has read ? l. russel . this is not in the case of life and death . l. ch. just. it is not , my lord. l. russel . that that i read is positive . and if your lordship will not allow of it , i desire my counsel may come and argue it , for 't is a matter of law , and i can't argue it , whether the jury are not to be freeholders . mr. ser. jefferies . there is nothing mentioned in that statute with relation to the city of london indeed , but the necessity of the thing requires it . mr. att. gen. it will not be material , 't is a collateral point ; for most of the jury have freeholds . l. ch. just. do you allow the exception ? mr. att. gen. no , my lord. l. ch. justice . therefore we must , if my lord stand upon it , hear his counsel . my lord , we will hear your counsel ; what counsel do you desire , my lord ? l. russel . the counsel that were allotted me . l. ch. just. no , you must have counsel assigned by us . the counsel that was assigned elsewhere signifies nothing . l. russel . mr. pollexfen , mr. holt , and mr. ward . the said persons were called , and came into court. l. ch. just. ( to the counsel . ) gentlemen , my lord here desires counsel , you are here assigned as counsel for my lord russel that is at the barr , 't is concerning a thing wherein he doubts the law , he would except to the jury upon this account , to the poll , because they have not freehold within the city of london , and he desires you may be assigned his counsel to make it out that this is a cause of challenge . mr. att. gen. 't is a case of treason , mr. pollexfen . mr. ward . we take it so . mr. pollexfen . my lord , perhaps if we had more consideration of it we should speak more , but if your lordship pleases to hear us what we can say ; first , we take it , with submission , at common law a freehold was necessary to make a man juryman . but that which falls out in this case is the statute of h. . c. . which statute i suppose is here in court , that statute says this ( if you please i will quote the substance of it ) that none shall be admitted to pass upon any inquest upon the tryal of the death of a man , except he have lands and tenements of the yearly value of s. now we are here i think within the words of the statute , and i take it to be no question at all were we not in a city and county . i think this would be no question upon any tryal in any county at large . the statute does not make any exception or distinguishment between cities and counties at large , but the words are general , as i have opened them . my lord , the statute does also provide in cases of freehold or marks . now , my lord , to prove this statute extends to london , tho a city and county , there are other statutes that have been made subsequent make it plain that it does so extend . but before i speak to them , there is , ● inst. fo . . that takes notice of this statute , and speaks it generally that the freehold ought to be in the same county , nor do i remember to have seen any book that distinguishes between counties at large and cities and counties . but statutes that have been made concerning cities and counties are a plain declaration that this is meant of juries both in cities and counties . i will mention the statute h. . c. . the substance of the statute is this , it takes notice that there were challenges in london for that they had not s. per ann. and that this challenge was to be made in the wards , which are the same with hundreds in the counties , so this statute is made to take away the challenge of s. freehold . this statute of h. . that takes away the challenge in london for not having s. is , with submission , a strong evidence and authority that it was before that time a good challenge , for otherwise to what end should they make a statute to take away the challenge , unless it were before a good cause of challenge . in the next place h. . c. . that extends to civil causes in london , and says , that in london jurors shall ( but provides only for london in civil causes ) be admitted in civil causes , that have goods to the value of marks . my lord , if that first statute , or the common law , had not extended to require freeholds in london , then there would have been no need of this statute that was made to inable men to be jurors that had goods to the value of marks . so that we take it to be good authority that by the common law freehold was required in all civil causes . then there is another statute h. . . and that will be a strong evidence to shew what the law is , for the statute says , in cities and burroughs , in tryals of murder and felony , if a freeman of the city of london is to be tried , the freemen shall be upon the jury , tho' they have not freehold , and then there is a proviso , that for knights and esquires that are out of the burrough , tho' they are arraigned in the burrough , that extends not to them , tho' in cases of murder and felony . as for this statute , we take this sense of it , first that it does not extend to treasons , for when it only names murders , and felonies , that makes no alteration as to treason , therefore that stands as before : but if there be any alteration , that extends only to freemen and burgesses that are to be tried , but not to knights and esquires , so that if we were in a case of felony and murder , i think we are not concerned in this statute , for we are no freeman nor burgesse , but we are an esquire , and therefore ought to be tryed by freeholders : so that for the law we relye upon these statutes , that we have looked upon as strong evidence , that there ought to be in the tryal of the life of a man , especially for treason , freeholders . first , if it were in civil causes , if this qualification be not in jury-men then an attaint would lye ; the penalty in an attaint is , that their houses should be pulled down , &c. this is provided by the law , to the intent the jury may be careful to go according to their evidence . 't is true , no attaint does lie in in criminal causes , but if so be in civil causes there be required freeholders , and an attaint lies if there be not , 't is not reasonable to think but there should be as great regard to the life of a man , as to his estate . next , my lord , i do not know any law that sets any kind of qualification but this of freehold , so that be the persons of what condition or nature soever ( supposing they be not outlawed ) yet these persons , if this law be not in effect , may then serve , and be put upon the life of a man. these are the reasons , my lord , for which we apprehend they ought to be freeholders . mr. holt. my lord , i would desire one word of the same side : we insist in this case upon these two things ; first , we conceive by the common law , every jury-man ought to have a free-hold , we have good authority for it , cokes first institutes , but if that were not so , i think the statute mr. pollexfen hath first mentioned , h. . c. . to be express in this point . my lord , the statute in the preamble does recite all the mischiefs , it says great mischiefs , ensued by iuries that were made up of persons that had not estates sufficient ; in what ? as well in the case of the death of a man , as in the case of free-hold between party and party : the statute reciting this mischief , does in express words , provide two remedies for the same in these cases : first on the life or death of a man , the jury or inquest , to be taken , shall have s. per ann. and so between party and party marks , so that this being the tryal of the death of a man , it is interpreted by stamford a. that is in all cases where a man is arraigned for his life , that is within the express words of the statute . besides this exposition that hath been put upon the statute , my lord , it does seem that the judgment of several parliaments hath been accordingly in severall times and ages . my lord , to instance in one statute that hath not been mentioned , and that is the of h. . c. . that does give the king power to award commissions of oyer and terminer , for tryals in any county of england . and that ( says the statute ) in such cases no challenge to the shire or hundred shall be allowed ; that is , you shall not challenge the jury in such a case , because they have not free-hold , are not of the county where the treason was committed ; but that upon the tryal challenge for lack of free-hold of s. a year shall be allowed , though it alters the manner of trying treason by the common law ; so that , my lord , here is the opinion of that very parliament ; that though it took away the usual method of tryals , yet it saves the prisoners challenge for want of free-hold . now indeed that statute is repealed ; but i mention it as to the proviso that it shews the judgment of that parliament at that time : my lord , those other statutes that have been made to regulate cities and towns corporate , why were they made ? h. . that no free-hold should be allowed , that shews that h. . did extend to these cases . but my lord , these statutes that shew the judgment of the parliament , sufficient to our purpose , do not extend to this case ; the statute goes only to murders and felonies , but not to treasons : and we are in the case of a penal statute , and concerning the life and death of a man , which ought to be taken strictly , it ousts the prisoner of a benefit ; and by parity of reason , if treason be not mentioned , your lordship can't by equity extend it to it , when it only mentions inferiour offences , and takes away the benefit in lower cases : like the case of the bishop of winchester , where the statute set down d●an and chapters , and other ecclesiastical persons , it shall not extend to bishops , because it begins with persons of an inferiour nature : no more shall murder and felony extend to treason . but further the statute only concerns freemen , for there is an express proviso in the case : for in case any knight , or esquire come to be tryed in the place , he has his benefit as before . my lord , we are in this case , as in the case not mentioned in the statute , we are not a freeman of london . my lord , there is another thing h. . c. . why there was not only requisite at the common-law , that the jurors had sufficient free-hold , but it was required it should be in the hundred ; and free-hold in the wards in the city is the same with free-hold in the hundreds in the country : so that the want of freehold in the hundred , was a good cause of challenge . so that i think it will hardly be denied , but that a jury that passes upon the life of a man , ought by the law , by the statute , and by the judgment of the parliament , to have free-hold . where is there then any statute whatsoever that makes a difference in this case , between london and other counties ? we are in the case of treason , we have taken our exceptions , and on behalf of the prisoner at the bar we pray the challenge may be allowed . mr. ward . my lord , i shall be short , because mr. pollexfen has observed these things so particularly already . i observe the statute of h. . is a general statute , and extends throughout the realm : now when the thing is thus general , there is no room to except particulars . and in this case 't is within the very words of the law , if the words be so generally penned in the negative , then we conceive there is no construction to be made upon them , unless some subsequent parliament alter it . coke's institutes . where 't is said in treason as well as any thing else , upon h. . there shall be freeholds . if they have provided in civil and other criminal causes , it were strange that this should be casus omissus , but there is no construction against a negative law. for the parliament taking care of the city of london ( as the subsequent statutes say ) that he that hath marks shall pass in civil causes , and then it says in murders and felonies , and that only confined to the freemen of the place , does sufficiently explain the law , where 't is not altered by any subsequent act , therefore i desire the challenge may be admitted . mr. att. gen. my lord , these gentlemens foundation is not good , for they prove it not by any books , that at common-law it was requisite for a juryman to have freehold . my lord , i deny their foundation , there is no such law , and at this day in all criminal cases where the statute does not direct it , as for riots and other informations for misdemeanour , there is no law restrains them , and they may be tryed by any men they have no exception against . then h. . says , none shall be admitted to pass upon the death of a man , ( i take it to extend to all capital matters , though it is pretty odly expressed ; for when a man is accused of other felonies and high treasons , 't is of the death of a man ) unless he have lands or tenements , of the yearly value of s. but i will take it as these gentlemen do at this time , it not being so at common-law , nor in other criminal cases , but what are provided for by the statute : as to other matters of felony and murder , no doubt there these challenges are to be taken upon the statute , but not for treason , because the statute of queen mary does expresly repeal that statute ; and no statute since takes away the force of that of queen mary ; that all tryals for treason shall be as at the common-law ; and according to this the constant practice in all cities ( not only london ) where persons have been indicted for high treason hath been . there was never any such thing pretended : most of these gentlemen have freeholds , but we would not have this point lost to the city of london ; so that the statute they speak of , and the interpretations of the several other statutes too , are to no purpose ; for we say by common-law all causes might be tryed by any persons , against whom there was not sufficient cause of challenge ; and the common-law is by that statute restored in this point . mr. sol. gen. my lord , i have little to say ; mr. attorney hath given a true answer to it , the foundation does fail them . it was not necessary at common-law , for a jury-man to have freehold : but then they must shew you , my lord , it is altered , and made necessary . the statute of h. . does not seem to extend to treason , but if it did , 't is now out of doors , by that of queen mary , whereby all tryals of treason are reduced to the common-law . this is that we answer , they fail in their foundation , they do not make it out , that it was necessary for a jury-man at common-law to have freehold . sir geo. jeff. my lord , i confess they have cited several acts of parliament , and upon them lay their foundation , and draw inferences from them : but they will find , that in several acts of parliament which they have quoted , there is a particular regard had for the preservation of the constant usage and custom for tryals within the city of london . that notwithstanding several acts of parliament have in other places ascertained the value of jurors ; yet they had still an eye that the city of london should continue in its usages . i think it will be necessary to put you in mind of the case of the city of worcester . it would be very hard , say they , because an attaint does not lye in criminal matters ; if you intend by that to have people of ability , 't is well known , that the ablest people in the city of london , have scarce any freehold in it ; for that most of the inheritances of the city of london remain in the nobility and in corporations . now in the case of my lord russel , he hath a peremptory challenge to , and i think i may adventure to say , there can scarce be more that can call themselves freeholders in london ; consider the consequence then , treason should be committed in the city of london , and there would not be enow in the city of london to try it . in the case of the quo-warranto brought against the city of worcester , to know by what warrant several took upon them the offices of aldermen ; the gentlemen at the bar objected that it was reasonable that no freehold should be determined , but by freeholders . but the judges of the kings-bench , ( the court being full ) for the necessity of the thing , lest there might not be sufficient freeholders in the city , having sent one of the judges of that court to your lorships of the common-pleas , for that reason did agree the challenge was not good . i know these gentlemen will please to remember the case ; so that i say , as in one case we ought to be tender of the life of the prisoner , so we ought surely to be tender of the life of the king , otherwise it may so happen , that the kings life may be incompassed , and treason commited in the city , and there would be no way in the world to try it ; therefore we pray for the king the challenge may be over-ruled . m. north. my lord , it is the practice to make the venire facias , without mentioning freehold , for it does not command , that they return so many men that have freehold , but probos & legales homines de visineto ; therefore at the common-law , those were good inquests to try any man that were not excommunicated , nor under any out-law . 't is true , there are statutes that say , all jury-men shall have freehold ; but we say these statutes do not extend to the city of london , but that it is governed by its own customs ; and we say it is the custom that citizens of ability have been returned , that have no freehold . but granting what we do not , but by way of supposal , my lord , it does not extend to this case , because tryals are to be according to the use at common-law , by the statute of queen mary , which does set them at large again ; and that is the reason the prisoner , in this case , hath his challenge for , and is in other cases restrained to ; so that we say , these men of ability are good , and there is no statute affects them . l.c.j. mr. pollexfen , do you find any judgment , that in cases of treason by common-law , they might except for want of freehold ? have you any resolution in the case ? mr. pollexf . i think there are books that say , at common-law there must be freehold . l. ch. just. what , in treason ? mr. pollexfen . no , my lord. l. ch. just. unless you speak of treason , you do not speak ad idem . for i do take it that in cases of treason , or in cases of felony , at the common law , they had no liberty to except to jurors , that they had not any freehold , but that at the common law any good and lawful men might pass . then take as introductive of a new law the statute of h. . i am of the mind that this statute of h. . peradventure may extend to treasons and felonies ; but when the statute of queen mary comes and says , all tryals shall be by such evidence , and in such manner , as by common law they ought to have been , i do not see how it is possible to make an objection afterwards of this nature . for , admitting this act of parliament of h. . had altered the common law , and given a challenge , why then when the statute of queen mary comes and sets all tryals at large in the case of treasons , then certainly the challenge is gone again , and i doubt you will not find one exception in this case , ever since that statute concerning the jurys freehold in cases of treason , but it hath generally passed otherwise , and there hath not been any ever excepted ; i doubt it will be a very hard thing to maintain such a challenge now . here are my lords and brothers will be pleased to deliver their opinions . it is a business of great consequence , not only for this noble person at the bar , but for all other persons . l. ch. baron . i agree with your lordship perfectly , but if the counsel had laid a right foundation that it had been so at common law , there had been much said ; but i take it at common law there was no challenge for want of freehold , and i am induced to think so , for otherwise what needed the statute of h. . been made ? but whether it extend to treason or no , i am not so clear . and if it did , it 's wiped off again by that of queen mary , which reduces all to the common law tryal . mr. just. wyndham . i am of the same opinion : i conceive at common law , lack of free-hold no good cause of challenge . 't is true , that challenge is given in some cases by act of parliament , yet i doubt whether it extend to a thing of so high nature as treason , for other statutes have not mentioned any thing of treason . but suppose . h. . did extend to it , yet it is very plain , the statute of . and . queen mary hath set all at large again . they are to be good and lawful men , and i do not find that any thing of the lawfulness must be the freehold . and therefore , i conceive this is no just exception in this case . mr. just. iones . my lord , i am of the same opinion . i am of opinion that the common law did not require freehold to be a good cause of challenge , in the case of treason , and the rather , because at the common law a man that was indicted of high treason , had liberty to challenge , peremptorily , to the number of . persons . my lord , if the common law be altered by the statute of h. . yet i take it , that the statute of . and . ph. and m. does restore the common law in this particular point . for whereas there was a statue of h. . to restrain the prisoner to the number of , for his challenge , now the statute restoring it to common law , the prisoner hath his challenge to , as he had before that statute of h. . so i take it , the king shall have his priviledge also to try a prisoner for treason , by persons that have not freehold . mr. just. charlton . i am of the same opinion . and truly the rather , because no president hath been offered of any such challenge before , and many men have suffered , and sure if it could have been , many would have made use of it . mr. just. levins . i am of opinion 't is not to be allowed . i do not think my self driven to the necessity to determine now whether freehold was a good challenge at common law in point of treason . i think the statute of ph. and m. hath restored the tryals to the common law. what was the common law ? the common law is the custom of england , which is other in cities than in countries , and the custom of london is part of that common law. so , tho it be a cause of challenge in a county at large , yet it is not a cause of challenge in cities , where freeholders are not to be found . now that which satifies me is , that this custom is restored by the statute of ph. and m. because never such a challenge hath been . and it is known when were tryed for treason together in this very place , and one of them a notable cunning lawyer , and if such a challenge were to have been allowed , no doubt he would have made use of it , but the challenge was not taken , and if he had made such a challenge , and it had been allowed , perhaps he could not have been tried : that was cook. i have heard several persons tryed for treason my self , and never heard it taken . therefore i am of opinion , that before any statute was made in this case , it was the custom in london to try without freeholds , and since by the statute of queen mary 't is restored . mr. baron streete . i think there was no such challenge at common law. the jury were only to be probos & legales homines , and no more , till the statute made it so , but there is a particular reservation for corporations . and certainly , if this should be admitted to be a good challenge , tho' it were between party and party , there would be in some corporations a perfect failure of justice . so that without doubt at common law there was no such challenge . as for the statute of h. . 't is gone by that of queen mary . if this were admitted within london , nothing would be more mischievous to this corporation . methinks we have been very nice in this matter , when the life of the king is at stake , and all the customs and priviledges of the city of london seem to be levelled at in this point . i am of the opinion with the rest of the judges , that this challenge ought to be over-ruled . justice withins . i am of the same opinion . l. ch. just. my lord , the court is of opinion , upon hearing your counsel , and the kings , that it is no good challenge to a jury in a case of treason , that he has not freehold within the city . but i must tell your lordship withall , that your lordship has nothing of hardship in this case , for notwithstanding that , i must tell you , you will have as good a jury , and better than you should have had in a country of l. or s. a year freeholders . the reason of the law for freeholds is , that no slight persons should be put upon a jury , where the life of a man or his estate comes in question , but in the city the persons that are impannell'd are men of quality and substance , men that have a great deal to lose , and therefore your lordship hath the same in substance , as if a challenge was allowed of freehold . it will be no kind of prejudice to your lordship in this case , therefore , if you please , apply your self as the jury is called , and make your exceptions , if you shall make any . l. ch. just. mr. bollexfen , you shall have liberty to stay any where here , if you please . counsel . here is such a great crowd , my lord , we have no room . then the iurymen were called , and after the lord russel had challenged one and thirty of them , the iury sworn were as follows . jur. iohn martin . william rouse . iervas seaton . william fashion . thomas short. george toriano . william butler . iames pickering . thomas ieve . hugh noden . robert brough . thomas omeby . then was made proclamation for information . cl. of cr. william russel esq hold up thy hand . ( which he did ) . you of the jury look upon the prisoner , and hearken to his cause . he stands indicted by the name of — pront before in the indictment . upon this indictment he hath been arraigned , and thereunto pleaded not guilty , and for his tryal hath put himself upon his country , which country you are : your charge is to inquire whether he be guilty of this high treason whereof he stands indicted , or not guilty : if you find him guilty , you shall inquire , &c. mr. north. may it please your lordship , and you that are sworn , the prisoner at the bar stands charged in this indictment with no less than the conspiring the death of the kings majesty , and that in order to the same , he did , with other traitors named in the indictment , and others not known , . november , in the th year of this king , in the parish of bassishawe , within the city of london , meet and conspire together to bring our soveraign lord the king to death , to raise war and rebellion against him , and to massacre his subjects . and in order to compass these wicked designs , there being assembled , did conclude to seize the kings guards , and his majesties person . this is the charge , the defendant says he is not guilty , if we prove it upon him , it will be your duty to find it . mr. att. gen. my lord , and you gentlemen of the jury , most of our evidence against this honourable person at the bar is to this purpose , this person , the duke of monmouth , my lord gray , sir thomas armstrong , and mr. ferguson , they were the council of state , as i may call them , to give forth directions for the general rising that hath appeared was to have been within this kingdom . the rising was of great concern and expence , and must be managed by persons of interest , prudence , and great secre●e . these gentlemen had frequent meeting in october and november last ( for then , you may refresh your memories again , was the general rising to be ) and there they did consult how to manage the rising , they consulted how to seize the king's guards ; and this noble person being mixed with these others , especially with ferguson , who with others of an inferior rank was also ingaged in a cabal for managing worser things ( tho' this is bad enough ) ; at several meetings they receive messages from my lord shaftsbury touching the rising . they being looked upon as the persons that were to conclude and settle the time and all circumstances about it . we shall make it appear to you in the course of our evidence , that those underlings ( for this was the great consult , and moved all the other wheels ) who managed the assassination , did take notice that these lords and gentlemen of quality were to manage and steer the whole business of the rising . it seems these gentlemen could not give the earl of shaftsbury satisfaction to his mind , for he pressed them to keep their day , which was the th of november last , but the honourable person at the bar , and the rest , made him this answer , that mr. trenchard had failed them , for that he had promised to have foot and or horse at four hours warning , but now it was come to pass , he could not perform it , that some persons in the west would not joyn with them , and therefore at this time they could not proceed , and therefore they must defer the day . and as a council , they sent my lord shaftsbury word he must be contented , they had otherwise resolved , and thereupon my lord shaftsbury went away , and mr. ferguson with him . to carry on this practice they took others into their council sir thomas armstrong was left out , and there falling that scandalous report upon my lord gray he was to be left out , and then there was to be a new council of six , whereas the inferior council to manage the assassination was seven . 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 , j●●● before the plot brake out , several from scotland came to treat with them how to 〈◊〉 work ; l. was demanded by the scots , in order that they should be read● 〈◊〉 scotland ; then they fell to , and at last ( for the scots love money ) they fell to , 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 h●d failed them , that he had promised foot and 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. trenchard they depended upon , for taunton , had failed them , who when he came up to town , first at the term , had assured them , that in three or four hours time , he could have one thousand foot , and three hundred horse : but now it came to be tryed , he answered it was not possible for him to undertake it , for people would not rush into it of a sudden , but have some time to prepare for their families . mr. att. gen. was it pretended there should be a rising at that time ? col. romsey , yes , the th . of november was appointed for the rising . l. ch. just. was it before that time , you went to press them from my lord shaftesbury ? col. romsey . yes , i think it was a matter of a fortnight before , or something more . for i think it was concluded sunday fortnight after my l. gray met . mr. attor . gen. but you say , besides what you heard there , you understood there was to be a rising at that time , was you to be engaged in this ? col. romsey . yes , i was ▪ l. ch. just. you must speak so , that what you deliver may be sensible ; for if you speak , i apprehend so and so , that will be doubtfull . col. romsey . no my lord , the rising was determined , and i was to have gone to bristol . mr. attor . gen. in what capacity , as colonel or captain ? col. romsey . there was no determination of that , no quality . l. c. just. by whose appointment was that ? col. romsey . my l. shaftsbury spake that to me . sir. geo. jeff. but pray col. romsey , this you are very able to know , what the debates were , and need not be pumped with so many questions ; pray was there any debate , when you came with the message from my l. shaftsburyes , was there a debate about the rising ? col. romsey . there was no debate of it , because they made answer , mr. trenchard had failed them . sir. geo. jeff. but did not they take notice of the rising ? give an account of it . col. romsey . i have done it twice . jury . we desire to know the message from the l. shaftsbury . l. ch. just. direct your self to the court : some of the gent. have not heard it , they desire you would with a little more loud voice repeat the message you were sent of , from my l. shaftsbury . col. romsey . i was sent by my lord , to know the resolution of the rising in taunton ; they answered , mr. trenchard , whom they depended upon for the men , had failed them , and that it must fall at that time , and my lord must be contented . mr. attor . gen. was the prisoner at the barr present at that debate ? col. romsey . yes . sir. geo. jeff. did you find him averse to it , or agreeing to it ? col. romsey . agreeing to it . baron street . what said my lord shaftsbury ? col. romsey . upon my return he said , he would be gone , and accordingly did go . sir. geo. jeff. if my l. russell pleases to ask him any questions , he may . l. russel . must i ask him now ? l. ch. just. yes my lord , propose your questions to me . l. russel . i have very few questions to ask him , for i know little of the matter , for it was the greatest accident in the world i was there , and when i saw that company was there , i would have been gone again . i came there accidentally to speak with mr. sheppard ; i was just come to town , but there was no discourse of surprizing the guards , nor no undertaking of raising an army . l. ch. just. we will hear you to any thing by and by , but that which we now desire of your lordship is , as the witnesses come , to know if you would have any particular questions asked of them . l. russel . i desire to know , if i gave any answer to any message about the rising : i was up and down ; i do not know what they might say when i was in the room ; i was tasting of vvine . l. ch. just. did you observe that my l. russel said any thing there , and what ? col. romsey . yes , my l. russel did speak . l. ch. just. about what ? col. romsey . about the rising of taunton . l. russel . it was sir tho. armstrong that conversed with mr. trenchard . l. ch. just. what did you observe my l. russel to say ? col. romsey . my l. russel did discourse of the rising . l. russel . how should i discourse of the rising at taunton , that knew not the place , nor had knowledg of trenchard . mr. attor . gen. now my lord , we will give you an accompt , that my l. russel appointed this place , and came in the dark without his coach. l. russel . my lord , i think the witness was asked , if i gave my consent . l. ch. just. what say you , did my lord give any consent to the rising ? col. romsey . yes my lord , he did . mr. attor . gen. pray swear mr. sheppard , ( which was done ) . pray will you speak aloud , and give an account to my lord , and the jury , of the meetings at your house , and what was done . mr. sheppard . in the month of october last , as i remember , mr. ferguson came to me in the duke of monmouth's name , and desired the conveniency of my house for him and some other persons of quality to meet there . and as soon as i had granted it , in the evening the duke of monmouth , my lord gray , my lord russel , sr. thomas armstrong , col. romsey , and mr. ferguson came . sr. thomas armstrong desired me , that none of my servants might come up , but they might be private ; so what they wanted i went down for , a bottle of wine or so . the substance of their discourse was , how to surprize the kings guards . and in order to that , the duke of monmouth , my lord gray , and sr. tho. armstrong , as i remember , went one night to the mews , or thereabout , to see the kings guards . and the next time they came to my house , i heard sir tho. armstrong say , the guards were very remiss in their places , and not like souldiers , and the thing was feasible , if they had strength to do it . mr. att. gen. how many meetings had you there ? mr. sheppard . i remember but twice sir. mr. att. gen. did they meet by chance , or had you notice they would be there that night ? mr. sheppard . yes , i did hear it before . mr. sol. gen. who had you notice would be there ? mr. sheppard . the duke of monmouth , my lord gray , my lord russel , sir tho. armstrong , col. romsey , and mr. ferguson . mr. att. gen. did they come with their coaches , or a foot , in the night time and in the dark ? mr. sheppard . i cannot tell ; it was in the evening , i did not let them in . mr. att. gen. was there any coaches at the door ? mr. sheppard . none that i heard , or saw , they came not altogether , but immediately one after another . sir geo. jeff. had they any debate before they went into the room ? mr. sheppard . no , they went readily into the room . sir geo. jeff. was my lord russel both times there ? mr. sheppard . yes , sir , as i remember . sir geo. jeff. had you any particular business with my lord russel , or he with you ? mr. sheppard . no , not at that time , but since i have had about the affairs of my lord shaftsbury . sir. geo. jeff. do you remember , col. romsey at the first time had any discourse about any private business relating to my lord russel ? col. romsey . no i do not remember it . mr. att. gen. besides the seizing of the guards , did they discourse about riseing ? mr. sheppard . i do not remember any further discourse , for i went several times down to fetch wine , and sugar , and nutmeg , and i do not know what was said in my absence . sir geo. jeff. do you remember any writings or papers read at that time ? mr. sheppard . none that i saw . sir geo. jeff. or that you heard of ? mr. sheppard . yes , now i recollect my self , i do remember one paper was read : sir geo. jeff. to what purpose was it ? mr. sheppard . it was somewhat in the nature of a declaration ; it was read by mr. ferguson , who was present at the reading , i cannot say whether they were all present or not . the purport of it was setting forth the greivances of the nation , but truly what particulars i can't tell : it was a pritty large paper . mr. att. gen. but you can tell the effect of it , when was that to be set out ? mr. sheppard . it was not discoursed , it was shewn only i suppose for approbation . mr. att. gen. who was it shew'd to ? mr. sheppard . sir tho. armstrong . sir geo. jeff. who else ? mr. sheppard . as i remember the duke was present , and i think col. romsey . col. romsey . no , i was not , it was done before i came . sir. geo. jeff. what was the designe of that paper ? recollect your self , what was the design ? mr. sheppard . the design of that paper , was in the nature of a declaration , setting forth the greivances of the nation , in order to a riseing , i suppose by the purport of the paper ; but cannot remember the particular words of it . foreman of the jury . can you say my , lord russ●l was there , when that declaration was read , as you call it . mr. sheppard . i can't say that . mr. att. gen. but he was there when they talked of seizing the guards ? mr. sheppard . yes , my lord was there then . l. russel . pray mr. sheppard , do you remember the time where these meetings were ? mr. sheppard . i can't be positive as to the time , i remember it was at the time my l. shaftsbury was absent from his own house , and he absented himself from his own house about michaelmas day ; but i can't be positive as to the time. l. russel . i never was but once at your house , and there was no such design as i heard of . i desire that mr. sheppard may recollect himself . mr. sheppard . indeed my lord i can't be positive in the times . my lord i am sure was as one meeting . l. ch. just. but was he at both ? mr. sheppard . i think so , but it was or months ago , and i can't be positive . l. russel . i can prove i was then in the country . col. romsey said there was but one meeting . col. romsey . i do not remember i was at two ; if i was not , i heard mr. ferguson relate the debates of the other meeting to my lord shaftsbury . l. russel . is it usual for the witnesses to hear one another ? l. ch. just. i think your lordship need not concern your self about that , for i see the witnesses are brought in one after another . l. russel . there was no design . sir geo. jeff. he hath sworn it . mr. att. gen. swear my lord howard ( which was done . ) pray will your lordship give an account to the court , what you know of a rising designed before my lord shaftsbury went away , and afterwards how it was continued on . l. howard . my lord , i appear with some confusion . let no man wonder that it is troublesome to me . my lord , as to the question mr. attorney puts to me , this is the accompt i have to give . 't is very well known to every one , how great a ferment was made in the city , upon occasion of the long dispute about the election of sheriffs : and this soon produced a greater freedom and liberty of speech one with another , than perhaps had been used formerly , tho'not without some previous preparations and dispositions made to the same thing . upon this occasion among others , i was acquainted with captain walcot , a person that had been some months in england , being returned out of ireland , and who indeed i had not seen for years before . but he came to me assoon as he came out of ireland , and when these unhappy divisions came , he made very frequent applications to me ; and tho' he was unknown himself , yet being brought by me he soon gained a confidence with my lord shaftsbury , and from him derived it to others , when this unhappy rent and division of mind was , he having before got himself acquainted with many persons of the city , had entred into such counsels with them , as afterwards had the effect , which in the ensuing narrative i shall relate to your lordship . he came to me , and told me that they were now sensible all they had was going , that this force put upon them — l. ch. just. pray my lord raise your voice , else your evidence will pass for nothing . one of the jury . we cannot hear my lord. l. howard . there is an unhappy accident happened that hath sunk my voice , i was but just now acquainted with the fate of my lord of essex — my lord i say , he came to me , and did acquaint me that the people were now so sensible , that all their interest was going by that violence offered to the city in their elections , that they were resolved to take some course to put a stop to it , if it were possible : he told me there were several consults and meetings of persons about it , and several persons had begun to put themselves into a disposition , and preparation to act ; that some had furnished themselves with very good horses , and kept them in the most secret and blind stables they could ; that divers had intended it , and for his own part he was resolved to imbark himself in it . and having an estate in ireland , he thought to dispatch his son thither ; ( for he had a good real estate , and a great stock , how he disposed of his real estate i know not ) ; but he ordered his son to turn his stock into mony to furnish him for the occasion : this i take to be about august . his son was sent away . soon after this , the son not being yet returned , and i having several accompts from him , wherein i found the fermentation grew higher and higher , and every day a nearer approach to action . i told him i had a necessity to go into essex to attend the concernes of my own estate , but told him , how he might by another name convey letters to me , and gave him a little cant , by which he might blind and disguise the matter he wrote about , when i was in the country . i receiv'd two or three letters from him , that gave me an account in that disguised stile , but such as i understood , that the negotiation which he had with my correspondents was going on , and in good condition ; and it was earnestly desired , i would come to town ; this was the middle of september . i notwithstanding was willing to see the result of that great affair , upon which all mens eyes were fixed , which was the determination of the sherivalty about that time . so i ordered it to fall into town , and went to my own house on saturday night , which was michaelmas day . on sunday he came to me , and dined with me , and told me ( after a general account given me of the affairs of the times ) that my lord shaftesbury was , secretted and withdrawn from his own house in aldersgate-street ; and that though he had a family setled , and had absconded himself from them , and divers others of his friends and confidents ; yet he did desire to speak with me , and for that purpose sent him to shew me the way to his lodging : he brought me to a house at the lower end of wood-street , one watson's house , and there my lord was alone . he told me he could not but be sensible , how innocent soever he was , both he and all honest men were unsafe , so long as the administration of justice was in such hands , as would accomodate all things to the humor of the court. that in the sense of this he thought it but reasonable to provide for his own safety , by withdrawing himself from his own house into that retirement . that now he had ripen'd affairs to that head , and had things in that preparation , that he did not doubt but he should be able , by those men that would be in readiness in london , to turn the tide , and put a stop to the torrent that was ready to overflow . but he did complain to me , that his design , and the design of the publick was very much obstructed , by the unhandsome deportment of the duke of monmouth , and my lord russel , who had withdrawn themselves , not only from his assistance , but from their own ingagements and appointments . for when he had got such a formed force as he had in london , and expected to have it answered by them in the country , they did recede from it , and told him they were not in a condition , or preparation in the country , to be concurrent with him at that time . this he looked upon but as an artificial excuse , and as an instance of their intentions , wholly to desert him ; but notwithstanding there was such preparation made in london , that if they were willing to lose the honour of being concurrent with him , he was able to do it himself , and did intend speedily to put it into execution . i asked him , what forces he had , he said he had enough ; sayes i , what are you assured of ? sayes he , there is above ten thousand brisk boys are ready to follow me , when ever i hold up my finger : sayes i , how have you methoded this , that they shall not be crushed , for there will be a great force to oppose you ? yes , he answered , but they would possess themselves of the gates ; and these ten thousand men in twenty four hours , would be multiplied into five times the number , and be able to make a sally out , and possess themselves of white-hall , by beating the guards . i told him , this was a fair story , and i had reason to think , a man of his figure would not undertake a thing that might prove so fatal , unless it were laid on a foundation that might give a prudent man ground to hope it would be successful . he said he was certain of it , but confessed it was a great disappointment , that these lords had failed him : i told him , i was not provided with an answer at that time , that he well knew me , and knew the general frame , and bent of my spirit . but i told him , i looked upon it as dangerous , and ought to be laid deep , and to be very well weighed and considered of ; and did not think it a thing fit to be entred upon , without the concurrence of those lords : and therefore desired , before i discovered my own inclination , to discourse with those lords . he did consents with much ado ; but sayes he , you will find they will wave it , and give doubtful and deferring answers , but you will find this a truth . i went to moor-parke the next day , where the duke of monmouth was , and told him the great complaint my lord shaftesbury had made , that he failed him : sayes he , i think he is mad , i was so far from giving him any incouragement , that i did tell him from the beginning , and so did my lord russel , there was nothing to be done by us in the country at that time . i did not then own i had seen my lord , but spake as if this were brought me by a third person , because he had not given me liberty to tell them where his lodging was . sayes i , my lord , i shall be able to give a better account of this in a day or two ; shall i convey it to my lord , that you are willing to give a meeting ? yes , sayes he , with all my heart : this was the second , third , or fourth of octobre ; i came to town on saturday , and was carried to him on monday ; and i suppose this was tuesday the second of october ; on wednesday i think i went to him again ( but 't is not very material ) and told him i had been with the duke of monmouth , and given him a punctual account of what i had from him ; and the duke did absolutely disown any such thing ; and told me , he never did give him any incouragement to proceed that way , because the countries were not in a disposition for action , nor could be put in readiness at that time ; sayes my lord shaftesbury , 't is false , they are afraid to own it . and sayes he , i have reason to believe , there is some artificial bargain between his father and him , to save one another : for when i have brought him to action , i could never get him to put on , and therefore i suspect him : and sayes he , several honest men in the city have puzled me , in asking how the duke of monmouth lived : sayes he , they puzled me , and i could not answer the question ; for i know he must have his living from the king ; and sayes he , we have different prospects ; we are for a common-wealth , and he hath no other design but his own personal interest , and that will not go down with my people now ( so he called them ) they are all for a common-wealth : and then sayes he , 't is to no purpose for me to see him ; it will but widen the breach , and i dare not trust him to come hither . sayes i , my lord , that 's a good one indeed , dare not you trust him , and yet do you send me to him on this errand ? nay , sayes he , 't is because we have had some mis-understanding of late ; but i believe he is true enough to the interest . sayes i , 't is a great unhappiness to take this time to fall out ; and i think 't is so great a design , that it ought to be undertaken with the greatest strength and coalition in the kingdom . sayes he , my friends are now gone so far , that they can't pull their foot back again without going further ; for sayes he , it hath been communicated to so many , that 't is impossible to keep it from taking air , and it must go on . sayes he , we are not so unprovided as you think for ; there are so many men , that you will find as brisk men as any in england . besides , we are to have or . horse , that are to be drawn by insensible parties into town , that when the insurrection is , shall be able to scour the streets , and hinder them from forming their forces against us . my lord , after great inlargement upon this head , and heads of the like nature , i told him i would not leave him thus , and that nothing should satisfy me , but an interview between him and the lords : no , i could not obtain it : but if i would go and tell them what a forwardness he was in , and that , if they would do themselves right , by putting themselves upon correspondent action in their respective places , and where their interest lay , well , otherwise he would go away without them . so i went again to the duke of monmouth , i spake to him only ( i never spake to my lord russel then , only we were together , but i had never come to any close conjunction of counsels in my life with him at that time . ) sayes i to the duke , this man is mad , and his madness will prove fatal to us all ; he hath been in a fright by being in the tower , and carryes those fears about him , that cloud his understanding : i think his judgment hath deserted him , when he goes about with those strange sanguine hopes , that i can't see what should support him in the ground of them . therefore sayes i , pray will you give him a meeting . god-soe , sayes the duke , with all my heart , and i desire nothing more . now , i told him , i had been with my lord shaftesbury , with other inlargements , that i need not trouble your lordship with : well , sayes he , pray go to him , and try if it be possible to get a meeting : so i went to him , and told him . sayes i , this is a great unhappiness , and it seems to be a great absurdity , that you are so forward to act alone in such a thing as this . pray , sayes i , without any more to do , since you have this confidence to send for me , let me prevail with you to meet them , and give them an interview , or else you and i must break . i will no longer hold any correspondence , unless it be so . sayes he , i tell you they will betray me . in short , he did with much importunity yield , that he would come out the next nightin a disguise . by this time it was saturday , i take it to be the sixth of october ; an almanack will settle that : so the next night being sunday , and the shops shut , he would come out in a concealment , be carried in a coach , and brought to his own house , which he thought then was safest . i came and gave the duke of monmouth an account of it ; the duke , i suppose , conveyed the same understanding to my lord russel ; and i suppose both would have been there accordingly , to have given the meeting ; but next morning i found collonel romsey had left a note at my house , that the meeting could not be that day . then i went to the duke of monmouth , and he had had the account before , that my lord shaftesbury did apprehend himself to be in some danger in that house , and that the apprehension had occasioned him to remove ; but we should be sure to hear from him in two or three dayes . we took it as a waver , and thought he did from thence intend to abscond hinself from us , and it proved so to me , for from that time i never saw him . but capt. walcot came to me and told me , that he was withdrawn , but it was for fear his lodgeing might be discovered , but he did not doubt , but in a week he would let me know , where his lodging was . but told me within such a time , which i think was or days , there would be a rising : and i told the d. of monmouth , and i believe he told my l. russel ; and we believed his frenzy was now grown to that heigth , that he would rise immediately , and put his design in execution ; so we endeavoured to prevent it . upon which my lord russel ( i was told ) and the duke of monmouth , did force their way to my lord shaftsburyes , and did perswade him to put off the day of his rendezvous . i had not this from my l. russel , for i had not spoke a word to him ; but the duke told me , my l. russel had been with him ( i had indeed an intimation that he had been with him ) ; but the duke told me , says he , i have not been with him , but my l. russel was , having been convey'd by col. romsey . after this day was put off , it seems it was put off with this condition , that those lords , and divers others , should be in a readiness to raise the country about that day fortnight , or thereabouts ; for there was not above a fortnight's time given : and says the duke of monmouth , we have put it off , but now we must be in action , for there 's no holding it off any longer . and says he , i have been at wapping all night , and i never saw a company of bolder , and brisker fellows in my life ; and sayes he , i have been found the tower , and seen the avenues of it ; and i do not think it will be hard in a little time , to possess our selves of it ; but says he , they are in the wrong way ; yet we are ingaged to be ready for them in a fortnight , and therefore , says he , now we must apply our selves to it , as well as we can . and thereupon i believe they did send into the country ; and the duke of monmouth told me , he spake to mr. trenchard , who was to take particular care of sommerset-shire , with this circumstance , says he , i thought mr. trenchard had been a brisker fellow ; for when i told him of it , he looked so pale , i thought he would have swooned , when i brought him to the brink of action ; and said , i pray go and do what you can among your acquaintance : and truly i thought it would have come then to action . but i went the next day to him , & he said it was impossible ; they could not get the gent. of the country to stir yet . l. russel . my lord , i think i have very hard measure , here is a great deal of evidence by hear-say . l. ch. just. this is nothing against you , i declare it to the jury . mr. att. gen. if it please you my lord , go on in the method of time. this is nothing against you , but it 's coming to you , if your lordship will have patience , i assure you . l. howard . this is just in the order it was done . when this was put off , then they were in a great hurry ; & capt walcot had been several times with me , & discoursed of it . but upon this disappointment they said , it should be the dishonor of the lords , that they were backward to perform their parts ; but still they were resolv'd to go on . and this had carried it to the latter end of october . about the th or th cap. walcot came to me , and told me , now they were resolv'd positively to rise , and did believe that a smart party might perhaps meet with some great men . thereupon i told the duke of it ; i met him in the street , & went out , of my own coach into his , & told him , that there was some dark intimation , as if there might be some attempt upon the kings person ; with that he strook his breast with a great emotion of spirit , & said , godsoe , kill the king ! i will never suffer that . then we went to the play-house to find sir tho. armstrong , & send him up and down the city to put it off , as they did formerly ; & it was done with that success , that we were all quieted in our minds , that at that time nothing would be done . but upon the day the king came from new-market , we din'd together ; the duke of monmouth was one , and there we had a notion conveyed among us , that some bold action should be done that day ; which comparing it with the kings coming , we concluded it was design'd upon the king. and i remember my l. gray , says he , by god , if they do attempt any such thing , it can't fail . we were in great anxiety of mind , till we heard the kings coach was come in , and sir tho. armstrong not being there , we apprehended that he was to be one of the party ( for he was not there ) . this failling , it was then next determined ( which was the last alarum and news i had of it ) to be done upon the th of november , the anniversary of queen elizabeth ; and i remember it by this remark i made my self , that i fear'd it had been discovered , because i saw a proclamation a little before , forbidding publick bonfires without leave of my lord mayor . it made some impressions upon me ; that i thought they had got an intimation of our intention , and had therefore forbid that meeting . this therefore of the th . of november , being also disappointed , and my l. shaftsbury , being told things were not ripe in the country , took shipping and got away ; and from that time , i heard no more of him , till i heard he was dead . now sir , after this , we all began to lye under the same sense and apprehensions that my l. shaftsbury did , that we had gone so far , and communicated it to so many , that it was unsafe to make a retreat ; and this being considered , it was also considered , that so great an affair as that was , consisting of such infinite particulars , to be managed with so much sineness , and to have so many parts , it would be necessary , that there should be some general council , that should take upon them the care of the whole . upon these thoughts , we resolved to erect a little caball among our selves , which did consist of six persons ; and the persons were , the duke of monmouth , my lord of essex , my lord russel , mr. hambden jun. algernone sidney , and my self . mr. attor . gen. about what time was this , when you setled this council ? l. howard . it would have been proper for me in the next place to tell you that , and i was coming to it . this was about the middle of january last , ( as near as i can remember ) ; for about that time , we did meet at mr. hambdens house . mr. attor . gen. name those that met . l. howard . all the persons i named before : that was , the d. of monmouth , my l. essex , my l. russel , col. sidney , mr. hambden jun. and my self . when we met there , it was presently agreed , what their proper province was , which was to have a care of the whole : and therefore it was necessary some general things should fall under our care and conduct , which could not possibly be conducted by individual persons . the things that did principally challenge this care , we thought were these ; whether the insurrection was most proper to be begun in london , or in the country , or both at one instant . this stood upon several different reasons : it was said in the country ; and i remember the d. of monmouth insisted upon it , that it was impossible to oppose a formed , well methodiz'd , and governed force , with a rabble hastily got together ; and therefore whatever numbers could be gathered in the city , would be suppressed quickly before they could form themselves : therefore it would be better to begin it at such a distance from the town , where they might have an opportunity of forming themselves , & would not be subject to the like panick fear , as in the town , where half an hour would convey the news to those forces , that in another half hour would be ready to suppress them . mr. attor . gen. was this determined among you all ? l. howard . in this manner that i tell you , why it was necessary to be done at some reasonable distance from the town . and from thence it was likewise considered , that the being so remote from the town , it would put the king upon this dilemma , that either the king would send his forces to subdue them , or not ; if he did , he must leave the city naked , vvho being proximi dispositioni to action , it would give them occasion to rise , and come upon the back of the kings forces ; if he did not send , it vvould give them time to form their number , and be better ordered . mr. attor . gen. my lord , we do not desire all your discourse and debates ; what was your other general thing ? l. howard . the other was , what countries and towns were the fittest and most disposed to action : and the third , what arms were necessary to be got , and how to be disposed : and a fourth , ( which should have been indeed first in consideration ) propounded by the d. of monmouth , that it vvould be absolutely necessary to have some common bank of . or l. to answer the occasions of such an undertaking . nothing was done , but these things were offered then to our consideration , and we were to bring in our united advice concerning them . but the last and greatest was , how we might so order it , as to draw scotland into a consent with us , for we thought it necessary that all the diversion should be given . this was the last . mr. attor . gen. had you any other meetings ? l. howard . we had about ten days after this at my lord russels . mr. attor . gen. the same persons ? l. how. every one of the same persons then meeting . mr. attor . gen. what debates had you there ? l. how. then it was so far , as we came to a resolution , that som persons should be sent to my l. argyle , to settle an understanding with him , & that some messengers should be dispatcht'd into scotland , that should invite some persons hither , that were judged most able to understand the estate of scotland , & give an account of it : the persons agreed on were , sir iohn cockram , my lord melvil , and another , whose name i have since been told upon my description sir hugh cambel . for this purpose we did order a person should be thought on that was fit — mr at. gen. do you know who was sent , and what was done upon this resolution ? l. howard . i have heard ( i never saw him in six months before ) that aaron smith was sent . mr. at. gen. who was intrusted to take care of that business ? l. howard . colonel sidney , we in discourse , did agree to refer it to colonel sidney , to have the care of sending a person . mr. at. gen. who acquainted you aaron smith was sent ? l. howard colonel sidney told me he had sent him , and given him sixty guineys for his journey . mr. at. gen. what more meetings had you ? l. howard we did then consider that these meetings might have occasioned some observation upon us , and agreed not to meet again till the return of that messenger . he was gone i believe , near a month before we heard any thing of him , which we wondered at , and feared some miscarriage , but if his letter had miscarried , it could have done no great hurt , for it carried only a kind of cant in it ; it was under the disguise of a plantation in carolina . mr. at. gen. you are sure my lord russell was there ? l. howard . yes sir , i wish i could say he was not . mr. at. gen. did he sit there as a cipher , what did my lord say ? l. howard . every one knows my lord russel is a person of great judgment , and not very lavish in discourse . sir g. jeff. but did he consent ? l. howard . we did not put it to the vote , but it went without contradiction , and i took it that all there gave their consent . mr. s●l . gen. the raising of money you speak of , was that put into any way ? l. howard . no , but every man was to put themselves upon thinking of such a way , that money might be collected without administring jealousy . mr. at. gen. were there no persons to undertake for a fund ? l. howard . no , i think not . however it was but opinion , the thing that was said , was jocosely , rather than any thing else , that my lord of essex had dealing in money , and therefore he was thought the most proper person to take the care of those things ; but this was said rather by way of mirth , then otherwise . mr. at. gen. what do you know else my lord ? l. howard . i was going to tell you , i am now at a full stop . for it was six weeks or more , before smith's return , and then drew on the time , that it was necessary for me to go into essex , where i had a small concern ; there i stayed about three weeks , when i came back , i was informed that he was returned , and sir iohn cockram was also come to town . l. c. just. did you meet after this ? l howard no my lord , i tell you , that i was forced to go three weeks upon the account of my estate , and afterwards i' was necessitated to go to the bath , where i spent five weeks , and the time of coming from the bath to this time , is five weeks more ; so that all this time hath been a perfect parenthesis to me , and more then this , i know not . l. c just. my lord russell , now , if your lordship pleases , is the time for you to ask him any questions . l. russell . the most he hath said of me , my lord , is onely hearsay , the two times we met , it was upon no formed design , only to talk of news , and talk of things in general . l. c. just. but i will tell you what it is he testifies , that comes nearest your lordship , that so you may consider of it , if you will ask any questions . he says after my lord shaftsbury went off ( all before is but inducement as to any thing that concerns your lordship , and does not particularly touch you ) after his going away , he says the party concerned with my lord shaftsbury did think fit to make choice of six persons to carry on the design of an insurrection or rising , as he calls it , in the kingdome . and that to that purpose choice was made of the duke of monmoth , my lord of essex , your lordship , my lord howard , colonel sidney , and mr. hambden . l. russel . pray my lord , not to interrupt you , by what party ( i know no party ) were they chosen ? l. h●ward . 't is very true , we were not chosen by community , but did erect our selves by mutual agreement , one with another into this society . l. russel . we were people that did meet very often . l. c. just. will your lordship please to have any other questions asked of my lord howard ? l. russell . he says it was a formed design , when we met about no such thing . l. c. just. he says , that you did consult among your selves , about the raising of men , and where the rising should first be , whether in the city of lond●n , or in more foreign parts , that you had several debates concerning it ; he does make mention of some of the duke of monmouth's arguments for its being formed in places from the city ; he says , you did all agree not to do any thing further in it , till you had considered how to raise money and arms ; and to ingage the kingdom of scotland in this business with you ; that it was agreed among you , that a ●ehenger should be sent into the kingdom of scotland . thus far he goes upon his own knowledg , as he saith , what he says after , of sending a me●enger , is by report only . mr. at. gen. i beg your pardon my lord. l. c. just. 't is so , that what he heard concerning the sending of aaron smith . mr. at. gen. will you ask him any questions ? l. russell . we met , but there was no debate of any such thing , nor putting any thing in method . but my lord h●ward is a man hath a voluble tongue , talks very well , and is full of ●iscourse , and we were delighted to hear him . mr. at. gen. i think your lordship did mention the camb●lls ? l. howard . i did ●tammer it out , but not without a ●arenthesis , it was a person of the alliance , and i thought of the name of the argyles . l. russell . i desire your lordship to take notice , that none of these men i ever saw , my lord melvile i have seen , but not upon this account . mr atterbury sworn . mr. at. gen. aaron smith did go , and ca●bell he went for is here taken . this is the me●enger . pray what do you know of the apprehending of the cambells ? mr. atterbury if it please your lo●dship , i did not apprehend sir hugh cambell my self , but he is now in my cu●tody ; he was making his escape out of a ●oodmongers-house , both he and his son. mr. at. gen how long did he own he had been at london ? mr. atterbury . four days , and that in that time he had been at three lodgings ; and that he and his son , and one baily , came to ●own together . mr. at. gen. ●● l●rd , we shall besides this , ( now we have fixed this upon my lord ) give you ●n●ccount , that these persons that w●re to rise , always took them as their pay-masters , and expected their assistance . mr. ●est , mr keeling and mr. lesgh . ●r west sworn mr. at. gen. that which i call you to , is to know whether or no , in your managery of this plot , you und●r●tood any of the lords were conc●rned , and which ? mr. west . my lord , as to my lord russell , i never had any conversation with him at all , but that i have heard in this , ●hat in the in●●rre●tion , in november , mr. ferguson , and colonel rumsey , did reli●me that my lord rus●ell intended to go down and take his post in the west , when mr trenchard had failed them . l. c. just. what is this ? mr. at. gen we have proved my lord privy to the consults , now we go about to prove , the under-acters did know it mr. west . they always said my lord russell was the man they most depended upon , because he was a person looked upon as of great sobriety l. russell . can i hinder people from making use of my name ? to have this brought to in●●uence the gentlemen of the jury ▪ and in●ame them against me , is hard . l. c. just. as to this , the giving evidence by hear-say , will not be evidence , what colonel rumsey or mr. fergu●●n , told mr. west , is no evidence . mr. at gen. 't is not evidence to convict a man , if there were not plain evidence before , but in plainly confirms what the other swears . but i think we need no more . sir g. jeff. we have evidenc● without it , and will not use any thing of garniture ; we will leave it as 't is , we wo●'t trouble your lordship any further . i think mr. attorney . we have done with our evidence . l. c. just. my lord russell , the kings counsel do think to rest upon this evidence that they have given against your lordship . i would put your lordship in mind of those things that are material in this ●●se , and proved again●t your lordship , here is colonel rum●ey does prove against your lordship this , that he was sent upon an errand , which in truth , was traiterous , it was a traiterous errand sent from my lord shaft●bury by him to that meeting . he does swear your lordship was at that meeting , and he delivered his errand to them , which was to know what account could be given concerning the design of the insurrection at taunton , and he says , your lordship being there , this return was made , that mr. trenchard had failed them in his undertaking in the business , and therefore my lord shaftsbury must be contented , and sit down satisfied as to that time . mr sheppard does likewise speak of the same time , that your lordship was there with the rest of the persons , the duke and others , that there was a discourse concerning an insurrection to have been made , ( though he is not so particular , as to the very notion of it , as colonel rumsey is ) as to the time they do agree . l. russell . col. rumsey is not positive that i say'd , or heard anything l. c. just. my lord , if you will have a little patience to hear me , i will tell you what it is presses you , there is this which i have mentioned , and mr. sheppard does say , there was a paper purporting a declaration then read among the company there , which was to be printed upon the rising , setting forth the oppressions and greivances of the nation and then my lord howard ( after a great dicourse concerning the many designs of my lord shaftsbury ) comes particularly to your lordship and says , that six of you , as a chosen counsel among your selves , ( not that you were actually chosen ) but as a chosen counsel among your selves , did undertake to mannage the great matter of the insurrection , and raising of men in order to surprize the kings guards , and for to rise , ( which is a rebellion in the nation . ) he says that you had sever●l consults concerning it . i told you the several particulars of those consults he mentioned ; now it is fit for your lordship , and 't is your time to give some answer to these things . l. russell . my lord , i cannot but think my self mighty unfortunate to stand here charged with so high and hainous a crime , and that intricated and intermixed with the treasons and horrid practices and speeches of other people , the kings counsel taking all advantages , and improving and heightning things against me . i am no lawyer , a very unready speaker , and altogether a stranger to things of this nature and alo●e and without councel ▪ truly my lord , i am very sensible , i am not so provided to make my just defence as otherwise i should do . but my lord , you are equal , and the gentlemen of the jury , i think , are men of consciences , they are strangers to me , and i hope they value innocent blood , and will consider the witnesses they may be accounted , they can't be credible . and for col rumsey , who it's notoriously known hath been so highly obliged by the king and the duke , for him to be capable of such a design of murdering the king ! i think no body will wonder , if to save his own life , he will endeavour to take away mine ; neither does he swear enough to do it . and then if he did , the time by the th . of this king is elapsed , it must be , as i understand by the law , prosecuted withisix months , and by the e. . a design of levying war is no treason unless by some overt a●●it appear . and my lord , i desire to know what statute i am to be tryed upon , for generals , i think , are not to be gone upon in these cases . l. c. just. ( to the attorney general● ) mr. attorney , you hear what it is my lord objects to this evidence , he says that as to those witnesses that testify any thing concerning him , above six months before he was prosecuted , he conceives the act of parliament , upon which ●e takes himself to be indicted , does not extend to it , for that says that within six months there ought to have been a prosecution , and my lord tells you , that he is advised , that a design of levying war , without actual levying of war , was not treason before that statute . mr. at. gen. to satisfy my lord , he is not indicted upon that statute , we go upon the e. . but then for the next objection : surely my lord is informed wrong ▪ to raise a rebellion or a conspiracy within the kingdom , is it not that which is called levying of war in that statute , but to raise a number of men to brake prisons , &c. which is not so directly tending against the life of the king. to prepare forces to fight against the king , that is a design within that statute to kill the king ; and to design to depose the king , to imprison the king , to raise the subjects against the king , these have been setled by several resolutions to be within that statute , and evidences of a design of killing the king. l. russell . my lord , this is matter of law ; neither was there but one meeting at mr. sheppards house . mr. at. gen my lord , if you admit the fact , and will rest upon the point of law , i am ready to argue it with any of your counsel . i will acquaint your lordship how the evidence stands . there is one evidence since christmas last . l. russell . that 's not to the business of sheppards house . my lord , one witness will not convict a man of treason . mr. at. gen. if there be one witness of one act of treason , and another of a d , another of a d , that manifest the same treason to depose or destroy the king , that will be sufficient . l. c. just. my lord , that has been resolved , the two witnesses , the statute requires , are not to the same individual act , but to the same treason if they be several acts declaring the same treason , and one witness to each of them , they have been reckoned two witnesses within the statute of edw. . sir geor. jef. if my lord will call his witnesse — l. russel . this is tacking of two treasons together , here is one in november by one witness and then you bring on another with a discourse of my lord howard , and he says the discourse passed for pleasure . l. c. just. if your lordship do doubt whether the fact proved against your lordship be treason or not within the statute of e. . and you are contented that the fact be taken as proved against your lordship , and so desire counsel barely upon that , that is matter of law. you shall have it granted . l. russel . i am not knowing in the law , i think 't is not proved , and if it was , i think t is not punishable by that act. i desire counsel may be admitted upon so nice a point . my life lies at stake ; here 's but one witness that speaks of a message . sir geor. jef. the fact must be left to the jury , therefore if my lord russel hath any witnesses to call , in opposition to these matters , let him . l. c. just. my lord , there can be no matter of law but upon a fact admitted and stated . l. russell . my lord , i do not think it proved , i hope you will be of counsel for me , t is very hard for me that my counsel may not speak for me in a point of law. l. c. just. my lord , to hear your counsel , concerning this fact , that we cannot do , it was never done , nor will be done . if your lordship doubts whether this fact is treason or not , and desire your counsel may be heard to that , i will do it . l. russell . i doubt in law , and do not see the fact is proved upon me . mr. sol. gen. will your lordship please to call any witnesses to the matter of fact ? l. russell . t is very hard a man must lose his life upon hearsay . col. rumsy says he brought a message , which i will swear i never heard nor know of . he does not say he spake to me , or i gave him any answer . mr. sheppard remembers no such thing , he was gone to , and again , here is but one witness and seven months agoe . mr. at gen. my lord , if there be any thing that is law , you shall have it . l. russell , my lord , colonel rumsey , the other day before the king , could not say that i heard it , i was in the room , but i came in late , they had been there a good while , i did not ●tay above a quarter of an hour tasting sherry with mr. sheppard . l. c. just. read the statute of e. . c. . my brothers desire to have it read . cl. of cro. whereas divers opinions have been before this time , in what case treason shall be said , and in what not : the king at the request of the lords and of the commons , hath made a declaration in the manner as hereafter followeth . that is to say , when a man doth compass or imagine the death of our lord the king , or of our lady his queen , or of their eldest son and heir , or if a man do uiolate the kings compagnion , or the kings eldest daughter unmarried , or the wife of the kings eldest son and heir ; or if a man do levy war against our lord the king , in his realm , or be adherent to the kings enemies in his realm , giving to them aid and comfort in the realm or elsewhere , and thereof be proveably attainted of open deed by people of their condition . and if a man counterfeit the kings great or privy seal , or his money : and if a man bring false money into this realm , counterfeit to the money of england , as the money called lushburgh , or other like to the said money of england , knowing the money to be false , to marchandise or make payment in desceit of our said lord the king , and of his people : and if a man slea the chancellor , treasurer , or the kings iustices of the one bench or the other , iustices in eyre , or iustices of ●●ise , and all other iustices designed to hear and determin , being in their places during their offices . and it is to be understood that in the cases above rehearsed , that ought to be iudged treason , which extends to our lord the king , and his royal majesty . l. c. just. my lord , that which is urged against you by the kings counsel , is this . you are accused by the indictment of compassing and designing the kings death , and of endeavouring to raise an insurrection in order to it ; that , that they do say , is , that these counsels that your lordship hath taken , are evidences of your compassing the kings death ; and are overt acts , declaring the same ; and upon that it is they insist your lordship to be guilty within that statute . l. russell . it is in a poynt of law , and i desire counsel . mr. at. gen. admit your consultations , and we will hear them . l. c. just. i would set your lordship right , for probably you may not apprehend the law in this case ; if your counsel be heard , they must be heard to this , that taking it , that my lord russell has consulted in this manner , for the raising of forces within this kingdom , and making an insurrection within this kingdom , as colonel rumsey and my lord howard have deposed , whether then this be treason ; we can hear your counsel to nothing else . l. russell . i do not know how to answer to it . the point methinks must be quite otherwise , that there should be two witnesses to one thing at the same time . mr. at. gen. your lordship remembers , in my lord staffords case ; there was but one witness to one act in england , and another to another in france . l. russell . it was to the same point . mr. at. gen. to the general point , the lopping point . sir g. jeff. there was not so much evidence against him , as there is against your lordship . l. c. just. my lord , if your lordship will say any thing , or call any witnesses to disprove what either of these gentlemen have said , we will hear your lordship what they say . but if you can't contradict them by testimony , it will be taken to be a proof . and the way you have to disprove them , is to call witnesses , or by asking questions ; whereby it may appear to be untrue . mr. sol. gen. if you have any witnesses , call them , my lord. l. russell . i do not think they have proved it . but then it appears by the statute , that levying war is treason , but a conspiracy to levy war is no treason ; if nothing be done , 't is not levying war within the statute . there must be manifest proof of the matter of fact , not by inference . mr. at. gen. i see that is taken out of my lord coke . levying war is a distinct branch of the statute , and my lord coke explains himself afterwards , and says , 't is an assuming of royal power , to raise for particular purposes . just. wythin . unless matter of fact be agreed , we can never come to argue the law. l. russell . i came in late . mr. sol. gen. pray my lord , has your lordship any witnesses to call , as to this matter of fact ? l. russell . i can prove i was out of town when one of the meetings was , but mr. sheppard can't recollect the day , for i was out of town all that time . i never was but once at mr. sheppards , and there was nothing undertaken of viewing the guards while i was there ; colonel rumsey , can you swear positively , that i heard the message , and gave any answer to it ? l. c. just. ( to colonel rumsey , ) sir , did my lord russell hear you , when you deliver'd the message to the company ? were they at the table , or where were they ? col. rumsey . when i came in they were standing at the fire-side , but they all came from the fire-side to hear what i said . l. russell . colonel rumsey was there when i came in . col. rumsey . no , my lord. the duke of monmouth and my lord russell went away together , and my lord gray and sir thomas armstrong . l. russell . the duke of monmouth and i came together , and you were standing at the chimney when i came in ; you were there before me . my lord howard hath made a long narrative here of what he knew , i do not know when he made it , or when he did recollect any thing ; 't is but very lately , that he did declare and protest to several people , that he knew nothing against me , nor of any plot , i could in the least , be questioned for . l. c. just. if you will have any witnesses called to that , you shall , my lord. l. russell . my lord anglesey , and mr. edward howard . my lord anglesey stood up . l. c. just. my lord russell , what do you ask my lord anglesey ? l. russell . to declare what my lord howard told him , about me , since i was confined . l. anglesey . my lord , i chanced to be in town the last week , and hearing my lord of bedford was in some distress and trouble , concerning the affliction of his son , i went to give him a visit , being my old acquaintance , of some years standing , i believe , for my lord and i was bred together at mandlin-college in oxon , i had not been there but a very little while , and was ready to go away again , after i had done the good office i came about , but my lord howard came in , i don't know whether he be here . l. howard . yes , here i am to serve your lordship . l. anglesey . and sat down on the other side of my lord of bedford , and he began to comfort my lord , and the arguments he used for his comfort , were , my lord , you are happy in having a wise son , and a worthy person , one that can never sure be in such a plot as this , or suspected for it , and that may give your lordship reason to expect a very good issue concerning him . i know nothing against him , or any body else , of such a barbarous-design , and therefore your lordship may be comforted in it . i did not hear this only from my lord howards mouth , but at my own home upon the monday after ; for i use to go to totteridge for fresh air ; i went down on saturday , this happened to be on friday , ( my lord being here , i am glad , for he can't forget this discourse , ) and when i came to town on monday , i understood that my lord howard upon that very sunday had been at church with my lady chaworth . my lady has a chaplain , it seems , that preaches there , and does the offices of the church , but my lady came to me in the evening . this i have from my lady — l. c. just. my lord , what you have from my lady is no kind of evidence at all . l. anglesey . i don't know what my lord is , i am acquainted with none of the evidence ; nor what hath been done . but my lady chaworth came to me , and acquainted me , there was some suspition — sir g. jeff. i don't think it fit for me to interrupt a person of your honour , my lord , but your lordship knows in what place we stand here , what you can say of any thing you heard of my lord howard , we are willing to hear , but the other is not evidence . as the court will not let us offer hear-says , so neither must we that are for the king permit it . l. anglesey . i have told you what happened in my hearing . then mr. howard stood up . l. c. just. come mr. howard , what do you know ? mr. howard . i must desire to say something of my self and my family first , my lord and i have been very intimate , not only as relations , but as dear friends . my lord , i have been of a family known to have great respect and duty for the king , and i think there is no family in the nation so numerous , that hath expressed greater loyalty , upon which account i improved my interest in my lord howard ; i endeavoured , upon the great misunderstanding of the nation , ( if he be here he knows it , ) to perswade him to apply himself to the king , to serve him in that great difficulty of state , which is known to all the world. i sometimes found my lord very forward , and sometimes i soften'd him , upon which parly , upon his permission , and more upon my own inclination of duty , i made several applications to ministers of state , ( and i can name them ) that my lord howard had a great desire of serving the king in the best way of satisfaction , and particularly in the great business of his brother . i wonder'd there should be so much sharpness for a matter of opinion , and i told my lord so , and we had several disputes about it . my lord , i do say this before i come to the thing . after this i did partly by his permission , and partly by my own inclination , to serve the king , because i thought my lord howard a man of parts , and saw him a man that had interest in the nation , tell my lord feversham , that i had prevailed with a relation of mine , that may be he might think opposite , that perhaps might serve the king in this great difficulty that is emergent , and particularly that of his brother . my lord feversham did receive it very kindly , and i writ a letter to him , to let him know how i had sof●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 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 ne●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 that conspiracy and imagination by , is the assembling in council to raise arms against the king , and raise a rebellion here . we have proved that to you by three witnesses . i shall endeavour as clearly as i can to state the substance of the evidence to you , of every one of them as they have delivered it . the first witness colonel romsey comes , and he tells you of a message he was sent of to mr. sheppards house to my lord russel , with several other persons who he was told would be there assembled together . and the message was , to know what readiness they were in , what resolutions they were come to concerning the rising at taunton . by this you do perceive that this conspiracy had made some progress , and was ripe to be put in action . my lord shaftesbury that had been a great contriver in it , he had pursued it so far , as to be ready to rise . this occasioned the message from my lord shaftesbury to my lord russel , and those noble persons that were met at mr. sheppards house , to know what the resolution was concerning the business of taunton , which you have heard explained by an undertaking of mr. trenchards : that the answer was , they were disappointed there , and they could not then be ready , and that my lord shaftesbury must be content . this message was delivered in presence of my lord russel ; the messenger had notice my lord russel was there ; the answer was given as from them all , that at present they could not be ready , because of that disappointment . col. romsey went further , and he swears there was a discourse concerning the surprizing of the guards ; and the duke of monmouth , my lord gray , and sir thomas armstrong , went to see in what posture they were in , whether it were feasible to surprize them , and they found them very remiss ; and that account they brought back , as is proved to you by mr. sheppard , the other witness , that it was a thing very feasible . but to conclude with the substance of col. romseys evidence , he says , my lord was privy to it , that he did discourse among the rest of it , though my lord was not a man of so great discourse as the rest , and did talk of a rising . he told you there was a rising determined to be on the th of november last , which is the substance of col. romseys evidence . gentlemen , the next witness is mr. sheppard , and his evidence was this : he swears that about october last , mr. ferguson came to him of a message from the duke of monmouth , to let him know , that he and some other persons of quality would be there that night ; that accordingly they did meet and my lord russel was there likewise ; that they did desire to be private , and his servants were sent away ; and that he was the man that did attend them . he swears there was a discourse-concerning the way and method to seize the guards ; he goes so far , as to give an account of the return of the errand the duke of monmouth , my lord gray , and sir thomas armstrong went upon , that it was feasible if they had strength to do it . then he went a little farther , and he told you there was a paper read , that in his evidence does not come up to my lord russel , for he did not say my lord russel was by , and i would willingly repeat nothing but what concerns the prisoner . this therefore col. romsey and mr. sheppard agree in , that there was a debate among them how to surprize the guards , and whether that was feasible , and mr. sheppard is positive as to the return made upon the view . the next witness was my lord howard ; he gives you an account of many things , and many things that he tells you are by hearsay . but i cannot but observe to you , that all this hearsay is confirmed by these two positive witnesses , and their oaths agree with him in it . for my lord shaftsbury told him of the disappointment he had met with from these noble persons that would not joyn with him ; and then he went from my lord shaftsbury to the duke of monmouth to expostulate with him about it ( for my lord shaftsbury was then ready to be in action ) and that the duke said he always told him , he would not engage at that time . this thing is confirmed to you by these two witnesses . col. romsey says , when he brought the message from my lord shaftsbury , the answer was . they were not ready , my lord must be contented . next he goes on with a discourse concerning my lord shaftsbury , ( that does not immedia●●ly come up to the prisoner at the bar , but it manifests there was a designe at that time ) he had brisk boys ( as he called them ) ready to follow him upon the holding up his finger . but it was thought not so prudent to begin it , unless they could joyn all their forces . so you hear in this they were disappointed : and partly by another accident too my lord howard had an apprehention it might be discovered , that was upon the proclamation that came out forbidding bonfires , to prevent the ordinary tum●lts that used to be upon those occasions . then my lord howard goes on and comes particularly to my lord russel : for upon this disappointment you , find my lord shaftsbury thought fit to be gone . but after that , the designe was not laid aside : for you hear they onely told him all along they could not be ready at that time , but the designe went on still to raise arms , and then they took upon themselves to consult of the methods of it ; and for the carrying it on with the greater secrecy , they chose a select council of six , which were the duke of monmouth , my lord of effix , my lord howard , my lord russel , mr. hambden , and col. sidney . that accordingly they met at mr. hambden's ( there was their first meeting ) and their consultation there was , how the insurrection should be made , whether first in london , or whether first in the country , or whether both in london and in the country at one time . they had some debates among themselves that it was fittest first to be in the country ; for if the king should send his guards down to suppress them , then the city that was then as well disposed to rise , would be without a guard , and easily effect their designes here . their next meeting was at my lord russel's own house , and there their debates were still about the same matter , how to get in scotland to their assistance ; and in order to that , they did intrust col. sidney one of their counsel to send a messenger into scotland for some persons to come hither , my lord melvin , sir hugh cambell , and sir iohn cockram . accordingly col. sidney sends aaron smith ( but this is onely what col. sidney told my lord afterwards , that he had done it , but ) you see the fruit of it . accordingly they are come to town , and sir hugh cambell is taken by a messenger upon his arrival ; and he had been but four days in town , and he had changed his lodging three times . now , gentlemen , this is the substance of the evidence that hath been produced against my lord russel . my lord russel hath made several objections , that he was accidentally at this meeting at mr. shephards house , and came about other business ; but i must observe to you , that my lord russel owned that he came along with the duke of monmouth , and i think he said he went away with him too . you observe what mr. sheppard's evidence was : mr. ferguson came to tell him the duke of monmouth would come , and accordingly the duke of monmouth did come , and brought his companion along with him , which was my lord russel ; and certainly they that met upon so secret an affair , would n●ver have brought one that had not been concerned . gentlemen , there are other objections my lord hath made , and those are in point of law ; but before i come to them , i would observe what he says to the second meeting . my lord does not deny but that he did meet both at mr. hambdens house and my lords own : i think my lord said they did meet onely to discourse of news ; and my lord howard being a man of excellent discourse , they met for his conversation . gentlemen , you can't believe that this designed meeting was for nothing , in this close secret meeting that they had no contrivance among them . you have heard the witness , he swears positively what the conversation was ; and you see the fruit of it , sir hugh cambell's coming to town , and absconding when it is discovered . now my lord russel insists upon it , that admitting these facts be proved upon him , they amount to no more than to a conspiracy to levy war , and that that is not treason within the statute of e. . and if it be onely within the statute of the th of this king , then 't is out of time , that directs the prosecution to be within six months . the law is plainly otherwise . the statute of the th of this king i will not now insist upon , though i believe if that be strictly looked into , the clause that says the prosecution shall be within six months , does not refer to treason , but only to the other offences that are highly punishable by that statute . for the proviso runs thus : . car. . provided always , that no person be prosecuted for any of the offences in this act mentioned , ( other than such as are made and declared to be high treason ) unless it be by order of the kings majesty , his heirs or successors , under his or their sign manual , or by order of the council-table of his majesty , his heirs or successors , directed unto the attorney general for the time being , or some other of the councel learned to his majesty , his heirs or successors for the time being : nor shall any person or persons by vertue of this present act incur any the penalties herein before mentioned , unless be or they be prosecuted within six months next after the offence committed , and indicted thereupon within three months after such prosecution ; any thing herein contained to the contrary notwithstanding . this word ( nor ) is a continuation of the former sentence , and the exception of high treason will go through all , and except that out of the temporary limitation of treason : but this is high treason within e. . to conspire to levy war , is an overt act to restifie the design of the death of the king. and the errour of my lord cook hath possibly led my lord into this mistake . but this , gentlemen , hath been determined ; it was resolved by all the judges in the case of my lord cobham , iac. a conspiracy to levy war against the kings person ( as this was a conspiracy to seize the guards ) what does that tend to , but to seize the king ? and that always hath been taken to be high treason . but there are some things called levying of war in law , that are not so directly against the king ; as if a number of men go about to levy men to overthrow all . inclosures , this by the generality of the intent , and because of the consequences , is accounted levying war against the king. a conspiracy therefore to levy such a war which by construction only is against the king , perhaps that may not be such an overt act as to testifie the imagination of the death of the king ; but other conspiracies to raise war against the king have always so been taken . 't is the resolution of all the judges in my lord dyers reports , the case of dr. story . a conspiracy to invite a forrein prince to make an invasion , though no invasion follow , is an overt act to prove conspiring the death of the king. and as it has been so taken , so it hath been practised but of late days . in the king's bench i take it , the indictment against plunket that was hanged , he was indicted for conspiring against the life of the king , and his charge went no further than for raising of arms , and inviting the french king in ; and he suffered . this is acknowledged by my lord cook ; for he himself said in the paragraph before that out of which this advice to my lord russel is extracted , that a conspiracy to invite a forein prince to invade the kingdom , is a conspiracy against the life of the king. and in the next paragraph , he says an overt act of one treason cannot be an overt act of another treason ; but constant practice is against him in that : for what is more common , than to indict a man for imagining the death of the king , and to assign the overt act in a conspiracy to raise arms against the king ? and sometimes they go on and say , did levy war against the king. now by my lord cook 's rule , levying war , unless the indictment be particular for that , is not an overt act for the compassing the death of the king ; but the contrary hath been resolved by all the judges in the case of sir henry vane , and it is the constant practice to lay it so in indictments . it would be a strange construction if this should not be high treason . 't is agreed by every body , to take the king prisoner , to seize the king , that is a compassing of the death of the king : and to sit in counsel to conspire to effect that , that is an overt act of the imagination of the death of the king : now no man can distinguish this case from that . and this consultation amounted to all this ; for plainly thither it tended . the consultation was to seize upon the kings guards , that could have no other stop but to seize upon the kings person , and bring him into their power . as to the killing of the king , i am apt to think that was below the honour of the prisoner at the bar ; but this is equal treason : if they designed only to bring the king into their power , till he had consented to such things as should be moved in parliament , 't is equally treason as if they had agreed directly to assassinate him . therefore i think there is nothing for you to 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 dang●●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 pr●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 o●●●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 ve●y well satisfied you will not easily be led into errour . for the instances that have been pu● , 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 the judgement of the lords in parliament , when i doubt not the prisoner at the bar did attend in the case of my lord stafford , wherein one witness gave an account of a conspiracy in england , turbervile of another in france ; and by the opinion of all my lords the judges , approved in parliament , that was enough , and he was convicted . the question is , whether we have sufficiently proved this matter . gentlemen , i must tell you , we rake no gaols , nor bring any pro●●gate persons , persons that wanted faith or credit before this time . i must tell you , that notwithstanding the fair notice that hath been given to the prisoner at the bar ( that you see he hath taken an advantage of it , he hath given an account of a private conversation with my lord howard before that noble person that was witness against him was taken ) he has not given you in all his proof hitherto , nay i say , he has not pretended any thing in the world : wherefore you , gentlemen , that are upon your oaths , should take it upon your consciences , that two men , against whom there is no objection , should come to damn their own souls to take away the life of this gentleman ; when there is no quarrel , no temptation wherefore these gentlemen should come in the face of a court of justice , in the face of such an auditory , without respect to that infinite being to whom they appeal for confirmation of the truth of their testimony : and if they had the faith of men or christians , they must necessarily conclude , that if they did swear to take away a mans life ●hat was innocent , god would sink them down presently into hell. gentlemen , in the next place i must acquaint you , that the first witness , col. romsey , it is apparent he was taken notice of by the prisoner as a man fit to be trusted , he was engaged by my lord shaftsbury : but , says he , would any man believe that that man that had received so many marks of the kings favour , both in advantage to his estate , his honour , and person , could be ever contriving such an hellish designe as this ▪ gentlemen , if you will argue from such uncertain conjectures , then all criminals will come off . who should think that my lord of essex , who had been advanced so much in his estate and honour , should be guilty of such desperate things ! which had he not been conselous of , he would scarcely have brought himself to that untimely end , to avoid the methods of publick justice . col. romsey tells you my lord shaftsbury was concerned in this conspiracy . i am sorry to find that there have been so many of the nobility of this land that have lived so happily under the benign influence of a gracious prince , should make so ill returns . gentlemen , i must appeal to you whether in your observation you found col. romsey to be over-hasty and an over-zealous witness ; he did not come as if he came in spight to the prisoner at the bar : you found how we were forced to pump out every thing ; but after he had been pressed over and over again , then he came to it : so that i observe to you , that he was an unwilling witness . gentlemen , give me leave to observe to you , the prisoner at the bar , before such time as mr. sheppard came up and gave evidence against him , says he , i come only by accident , only to tast a parcel of wine . mr. sheppard when he comes up , he tells you , there was no such design . ferguson ( that was the person he kept company with , the reverend dean and the rest of the clergy of the church of england , they were not fit to be trusted with it , but this independent parson ferguson ) he gives notice of the coming of these persons , and in pursuance of this notice they all come , they come late , in the evening , not in the posture and quality they use to go , for you find they had not so much as a coach. is it probable they came to tast wine ? wherefore did they go up into a room ? wherefore did they order mr. sheppard that none of the boys should come up , but that the master must fetch the sugar and wine himself ? wherefore you may perceive the action they were upon , there were only to be such persons as had an affection for such a cause . you find pursuant to what col. romsey says , that there was a direction to take a view of the guards , that sir tho. armstrong comes back and makes this report : says he , i have taken notice they are in such an idle careless posture , that it is not impossible to surprize them . this mr. sheppard he does not come , nor does he appear to you to come here out of any vindictive humor , to do the prisoner at the bar any hurt . in the next place we have my lord howard , he comes and positively tells you after he had given an account ( for you observe there were two parts to be acted in this horrid tragedy ; there was first the scoundrel sort of people were to be concerned to take away the life of the king and the duke , the great persons were to head the party in the rising ) they put themselves in proper postures , each of them consenting to something of the surprize , inasmuch as you observe that sir thomas armstrong and some other persons might not be trusted . they come and resolve themselves out of a general council , and they meet in a particular council of six , looking upon themselves as the heads of the party : and i must tell you many of them ( we live not in an age of such obscurity , but we know them ) how fond have they been of the applause of the people ! as that person incouraged himself yesterday , they were liberatores patriae that could murder the king and the duke . my lord , i must take notice that this noble lord is known to have an intimacy with him ; you observe with how much tenderness he is pleased to deliver himself , how carefully he reports the debates of the particular consults of the persons to be intrusted in the management ; he tells you that noble lord the prisoner at the bar was pitched upon , and algernoone sidney , a man famous about the town , for what ? to call in parties from some of his majesties other dominions , persons we know ripe enough for rebellion , to assist . pursuant to this , you find persons sent of a message for some to come over , whereof some are in hold : so that for all dark and obscure sort of matters , nothing can be brought better to light than this , of taking all matters together , with the concurring circumstances of time and place . gentlemen , i must confess this noble lord hath given an account by several honourable persons of his conversation ; which is a very easie matter . do you think if any man had a design to raise a rebellion against the crown , that he would talk of it to the reverend divines , and the noble lords that are known to be of integrity to the crown ? do you think the gentleman at the bar would have so little concern for his own life , to make this discourse his ordinary conversation ? no , it must be a particular consult of six , that must be intrusted with this . i tell you , 't is not the divines of the church of england , but an independent divine , that is to be concerned in this ; they must be persons of their own complexion and humour . for men will apply themselves to proper instruments . gentlemen , i would not labour in this case ; for far be it from any man to endeavour to take away the life of the innocent . and whereas that noble lord says , he hath a vertuous good lady , he hath many children , he hath vertue and honour he puts into the scale : gentlemen , i must tell you on the other side , you have consciences , religion ; you have a prince , and a merciful one too ; consider the life of your prince , the life of his posterity , the consequences that would have attended if this villany had taken effect . what would have become of your lives and religion ? what would have become of that religion we have been so fond of preserving ? gentlemen , i must put these things home upon your consciences . i know you will remember the horrid murder of that most pious prince the martyr , king charles the first . how far the practices of those persons have influenced the several punishments since , is too great a secret for me to examine . but now i say you have the life of a merciful king , you have a religion that every honest man ought to stand by , and i am sure every loyal man will venture his life and fortune for . you have your wives and children . let not the greatness of any man corrupt you , but discharge your consciences both to god and the king , and to your posterity . l.c.j. gentlemen of the jury , the prisoner at the bar stands indicted before you of high treason , in compassing and designing the death of the king , and in declaring of it by overt acts , endeavouring to raise insurrections and popular commotions in the kingdom here . to this he hath pleaded not guilty . you have heard the evidence that hath been against him , it hath been at large repeated by the kings counsel , which will take off a great deal of my trouble in repeating it to you again . i know you cannot but take notice of it , and remember it , it having been stated twice by two of the kings counsel to you ; 't is long , and you see what the parties here have proved . there is first of all col. roms●y , he does attest a meeting at mr. sheppard's house , and you hear to what purpose he says it was , the message that he brought , and the return he had ; it was to enquire concerning a rising at ta●nton ; and that he had in return to my lord shaftsbury was , that mr. trenchard had failed them , and my lord must be contented , for it could not be that time . you hear that he does say that they did design a rising ; he saith there was a rising designed in november , i think he saith the th , upon the day of queen elizabeth's birth . you hear he does say , there was at that meeting some discourse concerning inspecting the kings guards , and seeing how they kept themselves , and whether they might be surprized ; and this he says was all in order to a rising . he says that at this my lord russel was present . mr. sheppard does say , that my lord russel was there : that he came into this meeting with the duke of monmouth , and he did go away with the duke of monmouth as he believes . he says there was some discourse of a rising or insurrection that was to be procured within the kingdom ; but he does not tell you the particulars of any thing , he himself does not . my lord howard afterwards does come and tell you of a great discourse he had with my lord shaftsbury in order to a rising in the city of london , and my lord shaftsbury did value himself mightily upon men he hoped to raise ; and a great deal of discourse he had with my lord shaftsbury . this he does by way of inducement to what he says concerning my lord russel . the evidence against him is some consults that there were by six of them , who took upon them , as he says , to be a council for the management of the insurrection that was to be procured in this kingdom . he instances in two that were for this purpose ; the one of them at mr. hambden's house , the other at my lord russel's house . and he tells you at these meetings there was some discourse of providing treasure , and of providing arms , but they came to no result in these things . he tells you , that there was a design to send for some of the kingdom of scotland that might joyn with them in this thing . and this is upon the matter the substance of the evidence that hath been at large declared to you by the king's counsel , and what you have heard . now , gentlemen , i must tell you , some things it lies upon us to direct you in . my lord excepts to these witnesses , because they are concerned by their own shewing in this design : if there were any , i did direct ( some of you might hear me ) yesterday , that that was no sufficient exception against a mans being an evidence in the case of treason , that he himself was concerned in it ; they are the most proper persons to be evidence , none being able to detect such councils but them . you have heard my lord russels witnesses that he hath brought concerning , them , and concerning his own integrity and course of life , how it has been sober and civil , with a great respect to religion , as these gentlemen do all testifie . now the question before you will be , whether upon this whole matter you do believe my lord russel had any design upon the kings life , to destroy the king , or take away his life , for that is the material part here . 't is used and given you ( by the king's counsel ) as an evidence of this , that he did conspire to raise an insurrection ; and to cause a rising of the people , to make as it were a rebellion within the nation , and to surprize the king's guards , which say they can have no other end but to seize and destroy the king ; and 't is a great evidence ( if my lord russel did design to seize the king's guards , and make an insurrection in the kingdom ) of a design for to surprize the king's person . it must be left to you upon the whole matter : you have not evidence in this case as there was in the other matter that was tried in the morning or yesterday , against the conspirators to kill the king at the rye . there was a direct evidence of a consult to kill the king , that is not given you in this case ; this is an act of contriving rebellion and an insurrection within the kingdom , and to seize his guards , which is urged as an evidence , and surely is in it self an evidence to seize and destroy the king. upon this whole matter this is left to you . 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 . 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 ●●●●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 , 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 or 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 untrue thing for you . rouse . my lord , i only beg a little time , i don't design to make any evasion , that i am innocent i thank god i am . l. c. j. we can't give you any further time unless the king pleases , we are bound to try those he brings before us . sir g. jeff. because captain blage does desire not to be joyned to the other , we that are for the king are contented , that rouse be tryed first . [ then captain blage was taken away , and after several persons challenged by rouse , the iury that were sworn were ] robert beddingfeild , john pelling , william windbury , theophilus man , john short , senior . thomas nicholas , richard hoare , thomas barnes , henry robbins , henry kempe , edward raddish , edward kempe . cl. of cr. john rouse , hold up thy hand . you of the jury look upon the prisoner and hearken to his cause ; he stands indicted — prout antea in the indictment mutatis mutandis ; upon this indictment he hath been arraigned , and thereunto pleaded not guilty , and for his tryal put himself upon his country , which country you are , your charge is to inquire , &c. mr. jones . may it please your lordship , and you gentlemen of the jury , the prisoner at the bar stands indicted for high treason , in conspiring the death of the king , and in order thereunto consulting how to-seize the tower , and in providing of arms in order to destroy the king and subvert the government ; if we prove it upon him , you are to find him guilty . sir g. jeff. the prisoner at the bar was ( as you have been acquainted ) in that horrid conspiracy , whereof several of the conspirators have been brought to tryal , and received a verdict surely according to evidence . the prisoner at the bar did bear a proportion among the rest . it does occur to your memorys , there were several undertakers that undertook several stations ; some whereof were to undertake the blackest part of this horrid villany , by the taking off the king and his r. highness his brother ; others ( in order to the same design ) were to seize upon the king's guards , and so to deprive him of all manner of defence whatsoever , and to prevent all persons to make any defence against them , as you heard there was another part to be acted , therefore the town was to be divided into several divisions , i think there was twenty , but the most numerous and beneficial parts were thought to be about wapping . a particular part of the evidence was , that the tower was to be seized and the kings arms there , i know you observed that they took notice of a particular place of the tower that was most capable of access . this rouse is a gentleman very well known , 't is not the first time he hath been at this barr : he was here at a time when the common justice of the nation could not be obtained in this place , in so much that the judges who came to execute justice , had more reason to fear being executed upon the bench than the prisoner at the bar. it may easily appear how far mr. rouse was concerned ( i don't love to aggravate matters , he has crimes enough ) he was reckoned pay master to this rabble , he was to take care to manage those persons that were to seize upon the tower. he is a man of great skill in that subject , a doctrine wherein he was well tuto●ed under a lord you heard mentioned this morning , but he is in his grave and so i shall say no more of him . we shall give you an account of a design he had how to compass this business . black heath was looked upon as a convenient place , where there was to be a golden ball , for which the sea-men were to play in great numbers , and he that won the prize was to have the golden ball , but his eye was upon the tower all this while . he thought to allure these silly sea-men by the advantage of the honourable winning of this ball , and when they were fraighted with the success of this meeting , then it was proper to attack the tower. we shall prove the other prisoner that was at the barr ingaged with this prisoner at the barr. we shall not only prove this , but that mr. rouse hath been always of an inclination against the government . we shall call you witnesses , that he hath undertaken to dispute by what authority the king comes to govern into england , that he hath said he had forfeited his government , that he told an ordinary miscreant one of his levellers , that he had as much right to the crown as he had . my lord , if we prove this matter to your lordship , and the gentlemen of the jury , it will be high time for us to endeavour to preserve the crown upon that royal head , upon which all loyal men desire it should flourish as long as the sun and moon indure . mr. burton . call thomas leigh . ( who was sworn . ) mr. jones . pray give us an account what you know concerning mr. rouse . mr. north. of any design against the king , and providing arms. rouse . if it please you my lord , one word before he speaks : i have an exception against him . i wonder with what confidence you can look in my face at this time . kings counsell . nay , nay , speak to the court. rouse . my lord , he is a person that before he was taken up , was swore by two persons to have a hand in the plot , one was mr. keeling , the other mr. how of old street , and then being taken up , and conscious to himself that he was guilty of such notorious crimes , and knowing i was pretty well acquainted with him , he was deadly afraid i should come and swear against him , and thereupon he took the boldness to swear against me first . mr. north. my lord , he hath offered nothing of objection . rouse . i suppose with submission to the court , without he have his pardon , he is no evidence in this case . sir g. jeff. come tell us all you know . mr. leigh . if it please you my lord , i have been concerned in this conspiracy , i know something of it , but i believe mr. rouse knows a great deal more . mr. rouse takes me to the kings head tavern in swithins-alley , where after some time mr. goodenough came , where there was a clubb of men that was in the conspiracy . i had seen mr. goodenough before , he acquainted me that there was an apprehension our rights and priviledges were invaded , and it was time to look to our selves , for popery was designed , and arbitrary power ; and therefore he desired to know whether i would ingage in that affair to prevent it , and withall he told me , the city of london and middlesex was divided in twenty-parts , and he asked me to ingage in one part . i told him , my acquaintance did not ly where i lived , but i would get a part where my acquaintance was . i acquainted mr. rouse and mr. goodenough what men i had spoke to mr. goodenough told me , 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 of it : 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 pla●e , and b●●● 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 ? mr. leigh . mr. goodenough and several others . rouse . was it discoursed of before them ? mr. leigh . no , you never discoursed of it before them . rouse . you discoursed of going an hay-making in the country , says you , i will trust them one alone , but says you i am under an oath of secresy not to communicate it but to one at a time , but i make bold to acquaint you with it ; i give you an accompt what i heard from his own mouth . l. c. j. look you , what you heard from him will signify nothing unless you are able to make proof of it by other witnesses : if you will ask him any questions you shall . we will hear what you can say for your self at last . but you must not invade the kings evidence with any discourse at randome . rouse . did i ever put you upon any thing of this nature ? did you not tell me , there was a design to overturn the government , but you would not shed blood ? mr. leigh . i will answer ; i can't be positive whether i came to mr. rouse or he to me . i had been in his company several times before , and whether he discoursed it first to me or i to him i cannot tell , but when that point was discoursed , he was very zealous to get en captains , and that the ball might be played and the tower taken . rouse . d●d ever mr. goodenough and you and i meet upon such an accompt ? mr. leigh . yes , at the kings-head tavern . rouse . i can take my oath i never saw mr. goodenough but twice in your company , and i never knew you till may last . sir g. jeff. you came to a very strict alliance by that time it came to june . [ mate lee sworn . ] sir g. jeff. tell my lord and the jury what you know , the whole truth , and nothing but the truth . lee. the whole truth i will tell . about a week before midsummer or thereabouts i met mr. rouse , i think it was in popes-head alley , going to look after captain blage : says mr. rouse i have something to say to you , but he did forbear speaking it then ; so i went to the kings head tavern by the exchange , we went into a little room ; says he , there is something i would have you do . what 's that ? says i. says he , can't you get some sea-men sitting to make commanders of ships . i did not understand mr. rouse's meaning in it , but i thought mr. rouse being in employment might put me in , being destitute of employment , as well as other men . so after we did appoint to meet at wapping , at the sign of the blew-anchor in wapping-dock . says mr. rouse ; if i come not at ten of the clock do not look for me . says he , can you get no men that are fit to make commanders of ships ? says i , i have no acquaintance with any , i do not know but two or three : but says i , i will see what i can do . i waited for mr. rouse and mr. leigh next day ( both were to come . ) the next day i asked him , what he intended by the commanders of the ships ? where would he have those ships ? he answered some of the kings men of war that lay at deptford and woolwich to make guard ships . says i , what will you do if you have no powder and shot ? if you could take the tower , then you might provide them with every thing fitting . says mr. rouse we must secure the tower and whitehall both , or we can do nothing . says i mr. rouse , where is your oath of allegiance then that is to the king ? says he we will secure the king that he shall come to no damage , and he shall remain king still . if mr. rouse ha●h any thing to object against what i say , i desire to hear it , i speak nothing but the truth . sir g. jeff. did you meet with him at any other time ? lee. this was the first time he put out any such thing to me , concerning any such contrivance . sir g. jeff. did you meet with him afterwards ? lee. yes , we had some discourse , it was to the same effect , but it signifie● nothing , and my memory being shallow i do not exactly remember it . i know i must give an accompt of this before a greater court than this . mr. burton . mr. corbin ! sir g. jeff. i did acquaint you , my lord , that there was occasion to make use of evidence against the prisoner at the barr , i gave you an account how that evidence was not receiv'd . now i desire to give you proo● that the continual inclination of this man's heart was the killing of the king , and destruction of the government . [ mr. thomas corbin sworn . ] sir g. jeff. pray sir , tell my lord and the gentlemen of the jury , what meetings you had her ●ofore with the prisoner about the year eighty one or thereabouts . see whether you know him . mr. corbin . what i have to say against mr. rouse is only what i gave in evidence to the court before . rouse . when was that . mr. corbin . in eighty one. l. c. j. pray what do you know of him ; don't tell us what you gave in evidence , but you are on your oath to speak truth , not what you said then . mr corbin . my lord , some few days before the mem●ers for the city of london went for oxford , i happened to appoint a gentleman ( one mr wya● to meet me at mr. leeches in cornhill . mr. rouse came by , i knew him very well ; he was concerned in the commission for disbanding the army as well as i. he came in and saluted not only me but the master of the shop with how do you ? he entred into discourse , and said he intended to go for oxford , and that he had agree● with the coffee-men about town to furnish them with news , says he , there are several gentlemen resorting to your shop , it would do well if you had it . says mr. l●ch what shall i give you ? says he , if you will go to the tavern we will agree it over a glass of wine . but mr. rouse told me he had a kindness to beg o● me , and ( say he ) i would have you ingage some of your friends to deliver them speedily to such a person i shall appoint , de die ●n diem ; for says he , if they b● delivered by the ordinary letter-carrier , they won't turn to accompt , nor give satisfaction . by and by mr. wyat came in , ( that i was to meet at the stationers ) mr. wyat asked me , what i thought of the sessions ? mr. rouse made answer he did forsee it would be a very short sessions . says he , these frequent prorogations and dissolutions of the parliament wont avail him , for what ever the king has , the parliament gave him , and they may take it away , when they please . one bid him have a care what he said , and he replyed , the king had forfeited his crown , and had no more right to it than he had . l. c. j. mr. rouse , if you would ask him any questions pray direct your self to us and we will ask them . rouse . i desire he may be asked what was said before and after ? l. c. j. can you tell him ? do you know there was any previous or subsequent discourse to this , that m●ght a●y way alter it ? rouse . it was the same question pr●pounded in eighty one. mr. justice wi●hi●s . pray did he say the king had forfeited his crown ? mr. corbin . yes , and when he was r●buked for it , he reiterated it . sir g. jeff. we will trouble your lordship but with one peice of evidence more , only to give you an account mr. rouse is a man very well known in the city of london , yet when there were officers came to seize him he had forgot his name of rouse , and did not remember ●it . swear william richardson , ( which was done ) pray tell my lord and the jury , whether you were at the taking of this mr rouse , and what name he went by . mr. richardson . i was upon the fourth of july , instant , to search for one armiger , and coming to widow hays ●o●●ee-house ( i think they call it ) the widow told me there was no man in the house : i went down the street and came back again , and one said he saw a man go into the garden● says he do you stay here and i will go and see ; he saw this gen●leman , says he , what is your name ? he said johnson . i asked him and he said iohnson , i told him we must have an accompt of him . some said they did not know him . we weat to the half m●on taver● in alderseate-street , he sent for other men , they said they did know him , but they co●●● say nothing in his behalf . sir g. jeff. is that the man , johnson ? richardson . that is the man that said his name was johnson . l. c. j. look you now mr. rouse this is your time to speak for your self . what have you to say to this that is charged upon you ? you hear the first witness does say , that you would have , ingaged him in a design of raising of men , and you told him you designed to surprize the tower , and to that purpose he surveyed it with you , and you told him what your design was you met mr. goodenough about , it was to raise ● . en . goodenough was for killing the king , you it seems at first was but for securing the king , and making him do what you pleased ; but afterwards it was come to an higher matter , and then you had found out a way to ingage some captains to seize the tower , and others were to seize white-hall , both were to be done at once . what say you to this ? ( here are three witnesses that testify very strongly against you ) and the device you had to get men to black-heath to secure the tower. rouse . my lord , i stand here for my life ; it never entred into my heart , nor came out of my mouth , but he came to me several times about it , and i opposed it . at last he dogg'd me so often , that he gave me occasion to ask him the meaning of it . the first place i saw him in was the kings-head ( as he saith truly ) in swithins alley . there were several persons ( as they met there every day upon their private occasions ) that is true . he asked me a strange question , ( that was the first time i heard of it ) whether i was willing to oppose a foreign invasion that was like to be made speedily ? and whether i would ingage in the defence of it ? and this he did two or three times afterwards . to which i rep●yed , sir , i and every honest man are bound ( as we are subjects , and have taken the oaths of supremacy and allegiance ) to ingage in such a thing you put me upon , that was to ingage against a foreign invasion . the next time , he as●ed me how far i would assist if such a thing should fall out as a foreign invasion ? i wondered to hear it so often repeated ; i answered , i never had but one sword for several years , though i have had occasion for many in other countries , but i make no question but by the assistance of my friends , to raise an hundred arms , that was my very expression . but withal i demanded what he meant by invasion , and that i insisted upon several times ; for , says i , i know of none , and i hope there is none li●e to be . i took an accompt of this in characters , and have acquainted his majesty and the council with it . he replyed to me , says he , i wonder you are a stranger to such a thing , 't is true says he , that is the word goes up and down , but says he there is another kind of invasion meant by some men . i asked him what other invasion do you mean ? he answered presently , don't you know ? are you a stranger in england ? in israel ? says he there is an invasion upon our rights and liberties and all we have : whereupon i was a little startled . this was at the kings-head tavern . another time i desired him to explain his meaning , being a stranger to it , when i exp●essed my readiness to serve the king upon such an occasion in those words ; they that know me , know that i am not in the capacity of raising an hundred arms , but i intended it as god knows in opposition to a foreign invasion . but i thank god i took characters day by day , and with a resolution day by day to discover it , but he has got the start of me , for fear i would swear against him . he insisted still upon it that our rights and liberties were invaded , and that was the invasion all along intended , and that was the way to hook in persons only upon that pretence of a foreign invasion . i asked him in what manner he meant invasion ? says he , what with their doctrines on one hand , and oppression on the other , they lye so heavy that we can't bear it no longer . says i , what do you mean by this ? what course do you think of ? what can you propound to your self to extricate your self out of these troubles you so much complain of ? to which he answered , you are a stranger to what is a foot and hath been a foot a great while . do you not know the persons that are ingaged in the design ? ( i was a little inquisitive to know what was meant by the persons . ) no ( says i ) positively , i know not what you mean , i am a perfect stranger to these persons and this design , and i wished him and all others ( as they were men and christians ) that they would take care of opposing the government they lived under , that was my very words . says he , that we have considered very well , and how to secure the two things , and says he you shall see we will do it dexterously , without shedding a drop of blood , nay , says he , not the blood of the duke of york , though he be the veriest dog in england . i desired him to explain himself , he answered , the mischief of it is we can't agree among our selves , for it was vs and we at every word ; so i concluded he was of the cabal and clubb that met together on this design ( that hath come before your lordship ; ) and i am pretty confident there was such a h●llish design , though i thank god i had no hand in it . say i , who are the persons ? pray declare the bottom of this story you come to me about one day after another . with much ado , he told me mr. goodenough was one . after this discourse i never saw mr. goodenough but twice , once was at the king's-head tavern , where i believe was twenty ; the second time was a day or two after i saw the proclamation and his name in it . so much i speak of mr. goodenough . i asked him the names of the other persons that were ingaged in this design , and ( says he ) i must conceal them , for i am under an obligation ; but the first time i saw the proclamation against col. rumsey , and the others , says he , i was deadly afraid i was in the proclamation ; but ( says he ) all these persons are concerned and several others . thereupon he told me , that when they met they came to this resolution , of seizing the tower , the aldermen , and taking of london . says i , pray what money have you to carry on this ? money ! oh , says he , we don't want money ; says he , mr. goodenough hath assured me there is l. l. c. j. look you , you invert all his discourse : he hath sworn it against you . have you any evidence in the world ? you are not in a capacity to swear against him . rouse . my lord , he hath turned it upon me , he spake to me always in private . l. c. j. look you , you have fixed but upon one person , here was mate lee that gives a very threwd evidence against you ; did he come and teach you ? did he use these words ? rouse . my lord , i have nothing to say against mate lee , i hope he is an honest man. but i having a design to discover this whole thing , and having so much out of leigh the dyer — l. c. j. what did you use these words to him for then ? rouse . to satisfie the gentlemen that put me upon it , that i might come to the bottom of the design . mr. just. with : you say you know a great deal more : how came it to pass you never told the king one word of this 'till after you was taken ? rouse . i have told it since i was taken . mr. sol. gen. pray when you had got to the bottom of all this ( as you call it ) why did you deny your name ? rouse . i did not deny my name . sir g. j. he hath as many names as he has designs , and they are abundance . rouse . i did not know they were officers : i did not think there was any obligation upon me to tell every man my name . l. c. j. you hear what evidence is given against you concerning your discourse in eighty one , which though it be not the thing for which you are directly called in question , yet if you could clear your self of it , it would import you much , for that does show your spirit , and that you have had a long while a design against the king's life , if that be true ; therefore it would be very fitting that you purged your self of it , and that you could some way or other give an answer to what you said , that the king had forfeited his crown , and had no more right to it than one of those sorry persons you sp●●e to : and to say the parliament might take away the king's authority . these are strange treasonable expressions . rouse . my lord , though this thing be revived , which was out of doors two years since , and i suppose it is well known to your lordship , who was then upon the bench. as i was told , there was a word in the indictment called colloquium : he was asked what discourse passed before ? but if mr. corbin would remember himself , i do confess i did say these words ; but the words that followed , before . mr. just. with. what do you mean , the cart before the horse ? rouse . mr. wyat was urging of several discourses , the popish grandeur in deposing kings , and i gave this answer in these words : sir , ( says i ) if it were in the power of any pope to depose the king , then he might as well take away the crown off the king's head ; but he hath no such power ; if he had that power , says i , then the crown of england is yours as much as his . mr. sol. gen. what was the colloquium , when you said the parliament might take it away ? rouse . i never said that . l. c. j. i have heard a great deal of your discourse , if you think you can make any of it good by witnesses to your advantage , call them . rouse . my lord , i have not had time to collect my witnesses . how can it be supposed i should call witnesses : i don't know whether they are here . here are witnesses called to prove a matter , whereof upon a tryal two years past i was acquitted . mr. just. with. pray do not go away with that , here are two witnesses since . l. c. j. you were told , that was not the thing laid to your charge now , that does only shew the temper of your spirit , and how your inclinations hath been all along . look you , this you are now charged with is a design to seize and kill the king , and to that purpose to have entred into a conspiracy with goodenough and others , for the raising of men , and the making of a rebellion and insurrection here in the kingdome ; whereby you might have seized not only the king but his fort here the tower , and made your selves masters of hi● ships , and so en●red into a perfect war with him in his own k●ng●ome , to the destruction of himself and the government . you hear what the witnesses say against you . rouse . i do declare in the presence of god almighty , before whom i must stand , it never entred into my heart . mr. jones . if that would do , we should have none hanged . r●us● . i appeal to your lordship , and this honourable ●ourt , whether 't is likely for me , who am such a silly person to ingage in such a devillish design , especially being concerne with no person in the world about it ; for i declare , if i was upon ●en thousand o●ths , i never had any discourse with any person in the world a●out it . in the next place , i was n●ver in any meeting , though i have heard of several darkly that they met in london , and in several clubbs , but i could never find out the places . i desire to ask him , whether he knows with whom i did concern my self . l. c. j. look you , did you never meet him with any company concerning any of these treasonable designs that you have spoken of . mr. leigh . i will give your lordship and the jury an accompt . mr. rouse acquainted me he could make ten sea-captains , i acquainted mr. goodenough with it . he tol● me he w●ul● have a golden ball , and told me the charge . we went to the angel and crown t●●rn from thence he came to meet mr. goodenough to tell him what he had said to these captains . the next d●y he met mr. goodenough ; and mr. goodenough , mr. rouse , mr. pachin , and i , went from joseph's coffee house in exchange alley , and he discoursed about g●●● 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 peac● 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 . 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 th pleaded not guilty and put himself upon his countrey , was brought to the bar again friday , july 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 . thomas nicholas . richard hoare . thomas barnes . henry robins . henry kemp. edward radish . edward kemp. clerk. gentlemen of the jury , look upon the prisoner , and hearken to his charge . he stands indicted by the name of william blague , late of london , gent. that he together with john rouse , &c. mr. north. gentlemen , you that are sworn ; the prisoner at the bar , is charged with compassing the death of the king , and conspiring to raise war and rebellion , to destroy the government and take possession of it , that he did conspire with one rouse , and several others not yet known to bring these things to pass , and being join'd together to seize the tower , and to provide several arms : to this he hath pleaded not guilty , &c. mr. s. jeffreys . my lord , and you gentlemen of the jury , we shall not need to trouble you much with the prisoner at the bar , for this prisoner with him that went before were to undertake that part of this horrid conspiracy relating to the seizing the tower , because the same witnesses that were against the former , are against the prisoner at the bar. we shall not need to trouble you with the history , we will call our witnesses to prove it . — do you hear , lee , you must tell my lord and the jury what the prisoner at the bar was concerned in . l. c. j. what do you know of any treasonable practices of his ? mr. lee , i will acquaint your lordship and the gentlemen of the jury , that capt. blague , and mr. rouse were frequently at the tavern . i presume many times they came in about business , and sometimes there was discourses to carry on this conspiracy . mr. rouse told me he had acquainted capt. blague with it , about getting ten sea captains ; capt. blague told him they had better engage one or two ships to shoot morter-pieces into the tower , which would presently destroy it , and discoursing with capt. blague about the affair , he told me he would be ready , in a fortnight or three weeks . capt. blague . my lord , will you please to ask what time that was . l. c. j. you shall have any question asked by and by . capt. blague . very well . mr. lee. capt. blague told me he would be ready in a fortnight or something more , and he had an intention to lay in about fourteen guns in his own ship that he had bought , he would have twenty four in it , and lay it on southwarke side against the tower. he would venture his ship , but they must see they were provided with money for the seamen . i acquainted mr. goodenough with this , and mr. goodenough desired to speak with capt. blague , i told capt. blague of it , and we took coach at the stocks-market , and went to the kings-head in chancery-lane , where we met with mr. richard goodenough , and mr. francis goodenough , capt. blague asked what money they had provided , they said about l. says capt. blague , the seamen will swallow that up immediately . l. c. j. what did capt. blague say ? mr. lee. mr. goodenough and capt. blague discourst about the matter at the kings-head tavern at chancery-lane end , and the discourse about the matter was , how to seize the tower , he then told them again , the only way was to do it with morter-pieces , that he would venture his own ship and provide two hundred men . l. c. j. what did he say about money ? mr. lee. he asked what money was provided , he said there was about l. then , he said that would be easily swallowed , mr. goodenough said that there would be more provided at any time . cap. blague and mr. goodenough , both of them , drank a glass or two of wine together , and so at that time we parted . i met with capt. blague again , and bid me for god's sake , don't discourse before my mate such a one , but my mate lee is a very honest fellow : said he , i will undertake once in twenty times to dismount them six guns that face towards surrey side , which i understood to be about traytor's-bridge , he would undertake to dismount them . what discourse capt. blague , and mr. goodenough had a part i can't tell , but mr. goodenough told me , he would get some other captains to engage in that affair . that business was left to him and i , and i was desired to be frequently with capt. blague for the managing this affair of the tower , and saies he , i have had a commission , though not in england , by land as well as by sea. l. c. j. will you ask him any thing , sir ? now he shall be asked any thing that you will propose . first , you do propose to him about what time this meeting was . what say you to that ? mr. lee. if it please your lordship , i believe it was toward the latter end of may or the beginning of june . capt. blague . if you please , my lord , i will give you a journal or narrative of all my proceedings . l. c. j. will you ask him any more than that ? cap. blague . no , my lord. mr. s. jeff. we will call mate lee. this mate lee was the man that might not be trusted . — mate lee , tell my lord and the gentlemen of the jury , what discourse you have had with the prisoner at the bar , capt. blague , about seizing the tower. mate lee. i shall sir. the first discourse that ever i understood , was one time he and i was riding in a coach , saies capt. blague , one of these daies we shall have a ball to toss . i did not know the meaning of this ball , till afterwards mr. rouse and mr. lee and i came together , and he told me of tossing a ball upon black-heath . then i began to understand it . and after this , i can't tell whether it was before that , capt. blague , and i walking about the tower , and discoursing of this , my way was to scale the tower , and take it that way , saies capt. blague , the best way is to shoot morter-pieces on southwarke side ; this was all the discourse . mr. s. jeff. can you say any thing about the ship ? mate lee. nothing about the ship , but about morter-pieces on southwarke side . mr. s. jeff. what time was that ? mate lee. i cannot be possitive , about six weeks ago or less . mr. s. jeff. the first time was in the coach ? mate lee. that was about the ball , i did not understand it , only tossing up a ball , i did not understand the meaning of it , till afterwards mr. rouse and mr. lee and i came together . l. c. j. how came you to discourse with him concerning the best way of taking the tower ? mate lee. mr. rouse , and mr. lee and i , and capt. blague had been together . we discourst about taking the tower. and we had this discourse among our selves , which was the best way to take the tower , my approbation was scaling ladders , and hand granadoes , that was the best way . cap. blague's way was with morter-pieces on southwarke side . l. c. j. to what intent was this discourse , had you had any former discourse with any persons ? mate lee. not at all , if it please your lordship . the first discourse i had was with mr. rouse and mr. lee. l. c. j. and was that about taking the tower ? mate lee. to surprize the tower , and mr. lee and mr. rouse and i went down to view the tower. l. c. j. then afterwards capt. blague came in about the way to take it ? mate lee. this discourse with capt. blague about the tower was between him and i. i don't remember it in any other company . l. c. j. what was your business with capt. blague . mate lee. my business was with capt. blague to be his mate , and i was conversant with him at the exchange , the coffee-house and the kings-head tavern . and we had discourse about these things . l. c. j. come capt. blague , would you have him asked any question ? capt. blague . my lord , otherwise i had gone to sea soon after i came home , but so it was , that i had an occasion for pensilvania , and new-york , and coming one day to the exchange , i met mr. rouse , whom i had not seen in or years before , for mr. rouse made a voyage to virginia with me about years ago . now , my lord , meeting with mr. rouse , i had an occasion then to take up two ' or three hundred pounds , and knowing mr. rouse was a broker , i did imploy him to procure it me , but he did not ; however daily i came to him to dispatch that affair , and mr. rouse being a man for a tavern , i went to the kings-head tavern , and the sun tavern , if he was not at one place i found him at another , in order to perfect this business . so , my lord , when i came into his company , several people use to be with him that i never saw in my life , and mr. rouse would say sit down a little and i will go with you presently , so i would sit down and drink a glass of wine , and go to the places where the affair was to be managed , after i had done thus several days and to no purpose , i did it my self . now , my lord , mr. rouse in that time brought me acquainted with goodenough , because goodenough was in his company and mr. lee , not that i ever saw mr. goodenough in my life before , and not as mr. lee says that i ever was with him at the dragon . mr. lee. the kings-head tavern in chancery-lane . capt. blague . i was just coming home when mr. lee was going to meet with mr. goodenough , and i went in there and took a glass of wine and bid them farwel , and so went home . when i was with mr. rouse , i was asking what people they were that were in his company , he said very honest men , drank a glass of wine and went away , and still i found them together . i was saying to this mr. lee here , if you will go along with me , you shall give me as much for your passage as any of the rest of the passengers do . now at this time my ship was not in my possession , this very day three weeks i had it in my possession , and now at this very day she is in the carpenters hands , who is here now i suppose . l. c. j. well go on . capt. blague . now sir , whereas mr. lee reports that i discourst with mr. goodenough concerning any publick affairs , or any thing tending to the disturbance of the peace , then am i not a christian. besides sir , i did not speak twenty words , or ten words at the time but your servant sir , or here 's to you in a glass of wine ; and this i do speak in the presence of god almighty . and when i came into a room , i never staid longer than mr. rouse for my business was with him , and so went about my own affairs . as for mr. goodenough , i believe i was three times in his company before i could remember his name , i would ask rouse several times what do you call that man. but in reference to the tower that mr. lee speaks of , that must be touched at ; i do remember very well , i shall by no m●ans palliate it if i were presently to die , coming up from the ship we were coming by water , indeed i should have had possession of the ship a fortnight before , if they had done me justice , i had two or three hundred pounds for them before , but coming from the ship , we were coming up by water by the tower , i don't know how it was , i spake it to the waterman , this place is not well fortified , and if any occasion should happen this place lies in more peril and jeopardy than any place of the tower , and so it does . it is an ease matter for any to give their sentiments whether they be accepted of or no. this is the very thing i said , and then they were talking of a french war and the like . then i said you silly fools , if they should take it , it is but going over a t'other side and throwing half a dozen bombo's to them and set them out again . but however , mate lee , if he remember i told him the same thing at that same time , and i told mr. lee it was pitty a thousand times , that place was not better fortified . but as to what mr. lee says , to have two hundred men in a poor pink , i have refused several in that very ship , because i could not stow an hundred men , women , and children , and that i should press two hundred men in that ship , that will not hold . and besides it is a pink , let any one look upon her and see , whether that ship be fit or no to take in two hundred men. but whereas they say i had arms and such things , i bought the ship and arms together , i had blunderbusses , javelins and half-pikes , that is all . l. c. j. you forget to answer several things , you had discourse about a bank of money . capt. blague . a bank of money , my lord , i never discourst of . and as to the ball that my mate speaks of , my lord , i know no more what it means to this very day than one that never saw a ball. l. c. j. look you , sir , you were with mr. lee , this mr. lee hath sworn , he says you told him that you would undertake to get two hundred men , and you had bought fourteen pieces of ordnance already , and that you would within a fortnight's time , do you remember , bring your ship to southwark , and be ready to beat down that part of the tower. capt. blague . my lord , i have told you already the ship was not mine to bring till this day three weeks . l. c. j. that was within compass , for they tell you this discourse was about a month ago . capt. blague . it was in may , my lord , they talk of . l. c. j. no , they speak of about a month ago , you were to have them in a fortnights time . — what saies the first lee , what time does he speak of ? mr. lee. if it please your lordship , he said his ship would be ready , in a fortnights time or thereabouts . l. c. j. how long was that ago ? mr. lee. about a month or five weeks . l. c. j. to what 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 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 earn●st in discoursing of it , my way was , as i told your lordship before , scaling ladders and hand gra●●● 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 this is , and in order to what design . mate lee. the design was to take the tower. l. c. j. did blague and you discourse it to this purpose ? mate lee. capt. blague and i discourst it to that purpose of taking the tower. mr sol. gen. did you discourse of it as a thing that might be done , or that was intended to be done ? mate lee. we did discourse of it as a thing that might be done , or was intended to be done . l. c. j. now capt. blague , if you have any thing to ask him you may . capt. blague . ask him whether there were any projections or provisions made for the taking it , and whether or no there was any resolution taken , that the tower should be taken . mate lee. an 't shall please your lordship , the king's majesty asked me when i said what capt. blague said about taking the tower with mortar-pieces , if it please your majesty ? said i , i don't know whether there was any such thing discourst , that i did not hear . l. c. j. well , was there any thing provided or designed in order to it ? mate lee. an 't please your lordship , there was nothing of men or guns provided , that i did know or hear of . mr. s. jefferies . how many times did you talk with capt. blague about this ? mate lee , several times . l. c. j. had you any order from any other persons for to discourse capt. blague in order to this ? mate lee. no , an 't shall please your lordship , to the best of my knowledge i had no order , for they were commonly together , capt. blague , mr. rouse , and mr. lee , and i came to them when i had business with capt. blague . l. c. j. did you ever discourse this thing with capt. blague before them ? mate lee. i cannot be positive in that . mr. sol. gen. did those other persons that you said you discourst with engage you ? mate lee. mr. rouse and mr. lee and i went out , to view the tower how it might be taken . mr. sol. gen. did they engage you ? mate lee. yes , they did engage me . jury . my lord , we desire to have the witness asked whether the captain knew he went to view the tower. l. c. j. had he any intimation you went to view the tower ? mate lee. my lord , i cant be positive in that : some time after we met the captain , and did tell the captain we had view'd the tower ; but i don't remember what observations we made . mr. s. jefferies . nor what he said to you ? mate lee. no , nor what he said to me upon it . l. c. j. look you mr. lee , mate lee , the captain told you of this ball that was to be thrown upon blackheath , how long ago was it ? mate lee. an 't please your lordship , i cannot be positive , it was five or six weeks ago , i think it was the last time i rid along with him to to the kingshead tavern . i went to chancery-lane , and you gave me coach-hire for nothing , and then you spoke of tossing up the ball. l. c. j. what was it he said ? mate lee. this was all , i did not know his meaning , neither did he express his meaning , he was saying to the best of my remembrance , we shall see a ball tost up , i don't remember he said upon blackheath ; the confirmation of it was by mr. rouse and mr. lee , then i came to understand what the ball did mean. sir james butler . with his lordships leave , did you speak first to the captain about the tower , or did he speak to you , was it your motion to him , or his to you ? mate lee. i don't know but it might be my motion to him . sir james butler . then my lord give me leave to ask another . how were these mortar-pieces to be brought up , to be planted on southwark side to play upon the wall of the tower. mr. s. jefferies . that was t'other man , sir james . l. c. j. is there any thing more that you would have asked of any of these witnesses , or have you any witnesses of your own ? capt. blague . my lord , the witnesses that i have in reference to the number of men are here . i desire , my lord , you will be pleased to order them to come in , to know upon what account i shipped them . jury . my lord , pray let us ask t'other lee one question . l. c. j. the first lee. jury . we desire to know whether he heard anything of the ball or tossing it ? l. c. j. he hath told you a long story of it . mr. lee. the story of blackheath i acquainted you with it about mr. rouse . there was a golden ball to be plaid upon black-heath , a thousand seamen to be at the playing of this ball , ten sea captains to manage these thousand seamen , and after the play was over , every captain to take his division apart , and treat them with punch , and after that was done , to tell them they had other work to do , and to have long-boats and arms ready , to go and seize the tower. jury . did capt. blague acquaint you with this ? mr. lee. mr. rouse told me captain blague was acquainted with it , i never discourst with captain blague about it . captain blague told me the best way was to set a ship a to'ther side , and shoot mortar-pieces into the tower. l. c. j. what would you have mr. wright asked ? capt. blague . my lord , please to ask him upon what account he was shipped . l. c. j. was you shipped upon the captain 's ship , and upon what account ? mr. wright . an 't shall please your honour , i was shipped upon him almost four months and three weeks ago . l. c. j. upon what account ? mr. wright . i was shipped upon him upon the account of new york , england and holland . l. c. j. well what use do you make of this evidence . capt. blague . only , my lord , if you please to ask the rest , whether i have shipped any more men , or spoke with any more than these are . mr. wright . an 't like your honour , i have waited upon the captain ever since i have been shipped , i have waited upon him in london at the coffee-house about business : since i have belonged to him i was in pay although we had not a ship in possession : sometimes at the mayors court office , mr. briggs , sometimes with mr. rouse , who had something to do for ●●prain blague . i kept at the coffee-house commonly every day from eight or nine a clock in the morning , sufficient persons know me in london . i have kept at the coffee-house from nine or ten a clock in the morning till four or five in the afternoon , and so i have satisfied him about what people have inquired after him . capt. blague . call robert chappel . l. c. j. capt. blague what would you have him asked ? capt. blague . carpenter , declare to my lord how long you have been with me and upon what account i shipped you ? chappel . four months and an half . l. c. j. what besides ? chappel . we were to go to new york . i have been shipped four months and an half to go to new york : we came to the coffee-house in 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 . , sr. and wooden ones . l. c. j. what are they ? bellinger . above deck , 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 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 . . 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 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. you may read it . cl. of cr. will you have it read in latin or in english ? l. russell . in english. the clerk read to the words of conspiring the death of the king. l. russell . hold , i thought i had not been charged in the indictment as it is , of compassing and conspiring the death of the king. mr. att. gen. yes , my lord. l. russel . but , mr. recorder , if all that the witnesses swore against me be true , i appeal to you and the court , i appeal to you whether i am guilty within the statute of e. . they having sworn a conspiracy to levy war ; but no intention of killing the king : and therefore i think truely judgment ought not to pass upon me for conspiring the death of the king , of which there was no proof by any one witness . mr. att. gen. that is no exception . mr. recorder . my lord , that was an exception proper ( and as i think you did make it ) before the verdict ; whether the evidence does amount to prove the charge , that is proper to be observed to the jury ; for if the evidence come short of the indictment , they can't find it to be a true charge : but when the jury has found it , their verdict does pass for truth . we are bound by the verdict as well as your lordship , we are to go by what the jury have found , not their evidence . l. russel . without any proof ? mr. recorder . the jury must be governed by their evidence . l. russel . i think it very hard i must be condemned upon a point that there was not one thing of it sworn , therefore i think i may very legally demand arrest of judgment . mr. recorder . i hope your lordship will consider 't is not the court can give a verdict , it must be the jury . i believe there is no body in the court does delight in giving such judgments , especially against your lordship . the verdict is found , and the kings attorney general on behalf of the king does demand it . mr. att. gen. i do demand judgment of the court against the prisoner . proclamation made for silence whilst judgment was giving . mr. recorder . my lord russel , your lordship hath been indicted , and tryed , and found guilty of high-treason , the greatest of crimes , your quality is great and your crime is great . and i hope and expect that your behaviour and preparation in this condition will be proportionable . my lord , it is the duty of the witnesses to give evidence according to truth , it is the duty of the jury to proceed according to evidence , and 't is the duty of the court to give judgment according to the verdict . it is the kings pleasure signified by his attorney general , to demand judgment against your lordship according to this verdict , and therefore my lord i shall not delay it with any further circumlocution . the judgment the law hath provided , and is the duty of the court to give , is , that you be carried back again , to the place from whence you came , and from thence , be drawn upon an hurdle to the place of execution ; where you shall be hanged up by the neck , but cut down alive , your entrails and privy-members cut from your body , and burnt in your sight , your head to be severed from your body , and your body divided into four parts , and disposed at the kings pleasure . and the lord have mercy upon your soul. mr. att. gen. set up the other now . cl. of cr. set captain walcot to the barr , rouse , and hone. which was done and they bid severally to hold up their hands , which they did ; and captain walcot being asked what he could say why judgment of death should not pass upon him , said , cap. walcot . i have nothing to say , only i have one favour to begg of the court , whether it be proper to begg it now or no i can't tell . mr. recorder . what is it ? capt. walcott . i would beg the favour that the youth my son might come and see me , and some of my friends . mr. recorder . capt. richardson does not deny it to any man after he is condemned , that is a piece of humanity you need not ask , i never knew it denyed . then hone was asked what he could say against judgment . hone. i beg the same favour . mr. recorder . ay , ay , god forbid . you had best ask for some divine to come to you . then rouse was asked the same question . rouse . i would speak of the disadvantages i had when i came upon my tryal . when i was put upon my tryal you know very well , i begged the favour of some things ; one was a copy of the indictment , when i saw a person come before me , who in his own conscience knew was the author of all these things , i have nothing to say against the judgment or verdict , i always had a great veneration for the constitutions of the kingdom , i pray god forgive them that came against me . i wish i had no more weight upon my legs then i have in my own conscience . i prayed a copy of my indictment . these things unexpectedly came upon my tryal , that i had not opportunity to speak what i should . mr. recorder . we are content to hear you . but observe , you are to answer the question that is asked . why judgment should not pass upon you . you say you won't speak against the jury , we must not hear you , nor against the verdict . rouse . i have one word more , and that is , the vast difference between the indictment and their oaths ; the indictment was , that such and such words , and discourses , passed the second of march ; the oaths sworn were , that the words were not spoken then , but the last of june , which was three months difference , but however the jury have pleased to find it . i must throw my self at his majesties feet , i have nothing more to say . then silence was proclaim'd and judgement given against walcott , hone , and rouse , in like manner as upon the l. russel . finis . the protestant joyners ghost to hone the protestant carpenter in newgate with his confession. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the protestant joyners ghost to hone the protestant carpenter in newgate with his confession. hone, william, d. , attributed name. colledge, stephen, ?- , attributed name. sheet ([ ] p.) printed for j. smith, [london] : . imprint from colophon; place of printing from wing. an imaginary dialogue between william hone, "the protestant carpenter", and stephen college, "the protestant joiner", both of whom were executed for plotting against king charles ii. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hone, william, d. -- fiction -- early works to . colledge, stephen, ?- -- fiction -- early works to . treason -- england -- early works to . rye house plot, -- early works to . great britain -- history -- charles ii, - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the protestant joyners ghost to hone the protestant carpenter in newgate . with his confession . col. hone ! oh! hone ! oh! hone ! oh! hone. what dismal voice is this , nay , now i find i must be hang'd . this is as the sound of the last trump , shril and terrible as death . col. do you not know me yet , that and that for your confession . ( pinches him ) hone. oh my ribs ! oh my side ! col. the tryal being so near at the old baily , i am sent to torment thee , my ghost shall haunt thee to the gallows if thou confess a syllable . hone. my journeyman stephen ! the protestant joyner ! chip of the old block of rebellion ! dost thou not know thy old master ? col. yes , yes my old master the protestant carpenter that wainscoted the room at the devil for the green ribbon club , and carv'd rebellion and the sacred slaughter of kings about the frames and chimny pieces . yes , hone the carpenter that hew'd out the way to destruction , that swore the death of kings and princes , and now swears as hard for em and against himself , hone the betrayer of the cause , and impeacher of the brethren , hone the apostat , hone the backslider , hone the turncoat , hone the changling . hone. now let me die for a traytor , if thou be not thy self this very apostat , this turncoat , this changling . now thou art chang'd since i see thee ? thou look'st as if thou hadst been hang'd alive upon one of thy own gibbets , and fed all this while upon shavings and saw dust . col. yes , i was foreman of the plot , and carv'd it and plain'd it , till i made it as smooth as a deal board . any fool that kenw how to manage it might nap upon a king. but you with your hacking , and hewing , your splitting and sawing , have saw'd it all to pieces . your selves dropt into the saw-pit , and lye buried in your own dust . hone. indeed we have wanted thy helping hand , the cause has gone much down the wind since so hopeful a branch was lopt off from the root of rebellion . where hast thou been all this while . col. in hell , in a deeper vault then deerhams dungeon , fathom beneath the lowermost abyss where this plot was first brew'd , and where such plotters will be rewarded . hone. indeed this was a reach beyond the devils ela. but what hast thou been doing all this while ? col. building of gibbets for traytors and king-killers , and now they come so fast , that i want a journeyman . hone. canst thou not remove tyburn , it will save a world of carpenters work. col. that 's kept for whigs and plotters in this life ; how shad — l and the fat turnspit wou'd make a gallows swag , there are others have out-run the constable ; but hang it , rebellion is nothing till they be catch'd . hone. prethe stephen , who was catch'd at oxford . col. if i was catch'd , i made no pittiful howling lamentation , or whining confession , to the betraying of the cause or the brethren ; i brazend it out to the last . hone. with more then the doctors impudence till the rope choaked thee , for a lye never wou'd . but prethee tell me , for thy excellent skill in joyning dissenters , and turning monarchy into a common-wealth , how has thy master the devil imploy'd thee ever since thou dropt from the tree at oxford , like a solon goose into the lake . col. the first two years i was imploy'd in making protestant flayls . hone. protestant flayls ! i can tell thee where there are five thousand at this time in one place . col. you had best tell the king and council . hone. i have done it already . col. now legions of devils with flayls , be dashing out thy brains for years together , was there ever such an ass trusted with so great a secret ? hone. was there ever such an owl in pursuit of the eagle , when thou oughtest to have been mouseing amongst thy own vermin at home . well , thou art an angel of light , and the ass cannot chuse but open his mouth . what hadst thou to do at oxford with thy arms , and armour cap a pe , and protestant flayls to dash out the brains of monarchy , and overturn the whole structure of church and government . thou designedst a plaguy turn in the state , but that thou hadst thy last turn at the gibbet , and lest as thy journey-men to do thy work at new-market , where our whole plot was overturn'd , and now it is come to our turn to follow . col. indeed your plot at new-market , your cart cross the vvay , your tvventy blunderbuses , six inches diamiter ; your horse-races and hunting matches , your arms and insurrections , were in a fair way to take effect . but fires and dissolutions are fatal to our conspiracies . hone. and a rope will put an end to ' em . col. with your cowardly confessions , and treacherous impeaching of one another . hone. woud'st thou have me to brazen it out like thy self , and go to the devil with a lye in my mouth ? will a vote of the factious rump save us from the curse of king-killing hereafter ? will our putting it upon the papists ( as oats did on pickerin ) pass upon the devil . will m — pass for a head-piece ? west for a wise councellor , or the solamanca bloud-sucker for a saviour in the other world ? for my part , before i have to do with such a pack of rebels , i 'le turn loyal , confess , and repent though i hang for 't . the ghost had no sooner-heard him talk of repentance , but with much indignation incensed , he vanish'd in a flash of fire , throwing the bed-staves about the room , and the doors oft the hing's , with that terrible noyse , that it shook the foundation of the uppermost hell. with a terrible ratling of links and chains ; the noyse was given out that a prisoner had escaped , which alarm'd the captain , and his janizarys to pursue , but they could not catch him . london , printed for j. smith . . the last speech and carriage of the lord russel, upon the scaffold, &c. on saturday the st of july, approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the last speech and carriage of the lord russel, upon the scaffold, &c. on saturday the st of july, russell, william, lord, - . p. s.n., [london : ] caption title. place and date of publication from wing ( nd ed.). imperfect: stained, with slight loss of print. includes: the paper delivered to the sheriffs by my ld. russel. this item appears at reel : as wing r (number cancelled in wing nd ed.), and at reel : as wing ( nd ed.) l c. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . rye house plot, . executions and executioners -- england. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the last speech and carriage , of the lord russel , upon the scaffold , &c. on saturday the st . of july , . about nine in the morning , the sheriffs went to newgate , to see if my lord russel was ready ; and in a little time his lordship came out , and went into his coach taking his farewel of his lady , the lord cavendish and several other of his friends at newgate ; in the coach were dr. tillotson and dr. burnet , who accompanied him to the scaffold built in lincolns-inn-fields , which was covered all over with mourning . being come upon the scaffold , his lordship bowed to the persons present , and turning to the sheriff made this following speech . mr. sheriff . i expected the noise would be such , that i should not be very well heard . i was never fond of much speaking , much less now , therefore i have set down in this paper all that i think fit to leave behind me . god knows how far i was always from designs against the king's person , or of altering the government . and i still pray for the preservation of both , and of the protestant religion . mr. sheriff , i am told , that capt. walcot yesterday said some things concerning my knowledge of the plot : i know not whether the report is true or not . mr. sheriff , i did not hear him name your lordship . writer . no , my lord , your lordship was not named by any of them . lord russ. i hope it is not , for to my knowledge i never saw him , nor spake with him in my whole life , and in the words of a dying man , i profess i know of no plot , either against the king's life or the government . but i have now done with this world and am going to a better , i forgive all the world heartily , and i thank god i die in charity with all men , and i wish all sincere protestants may love one another , and not make way for popery by their animosities . i pray god forgive them , and continue the protestant religion amongst them , that it may flourish so long as the sun and moon indures . i am now more satisfied to die then ever i have been . then kneeling down , his lordship prayed to himself , after which dr. tillotson kneeled down and prayed with him , which being done his lordship kneeled down and prayed a second time to himself , then pulled off his wigg , put on his cap , took off his crevat , and coat , and bidding the executioner , after he had lain down a small moment , do his office without a sign , he gave him some gold , then embracing dr. tillotson , and dr. burnet , he laid him down with his neck upon the block . the executioner missing at his first stroke , though with that he took away life , at two more severed the head from the body : the executioner held up the head to the people , as is usual , in cases of treason , &c. which being done mr. sheriff ordered his lordships friends or servants to take the body , and dispose of it as they pleased , being given them by his majesties favour and bounty . the paper delivered to the sheriffs by my l d. russel . i thank god , i find my self so composed and prepared for death , and my thoughts so fixed on another world , that i hope in god , i am now quite weaned from setting my heart on this . yet i cannot forbear spending some time now , in setting down in writing a fuller account of my condition , to be left behind me , than i 'll venture to say at the place of execution , in the. noise and clutter that is like to be there . i bless god heartily for those many blessings , which he in his infinite mercy has bestowed upon me , through the whole course of my life : that i was born of worthy good parents , and had the advantages of a religious education ; which i have often thank'd god very heartily for , and look'd upon as an invaluable blessing : for even when i minded it least , it still hung about me , and gave me checks , and hath now for many years so influenced and possessed me , that i feel the happy effects of it in this my extremity , in which i have been so wonderfully ( i think god ) supported , that neither my imprisonment , nor the fear of death , have been able to discompose me to any degree ; but on the contrary , i have found the assurances of the love and mercy of god , in and through my blessed redeemer , in whom only i trust ; and i do not question , but that i am going to partake of that fulness of joy which is in his presence , the hopes whereof does so wonderfully delight me , that i reckon this as the happiest time of my life , though others may look upon it as the saddest . i have lived , and now die of the reformed religion , a true and sincere protestant , and in the communion of the church of england , though i could never yet comply with , or rise up to all the heights of some people . i wish with all my soul , all our unhappy differences were removed , and that all sincere protestants , would so far consider the danger of popery , as to lay aside their heats , and agree against the common enemy ; and that the church-men would be less severe , and the dissenters less scrupulous : for i think bitterness and persecution are at all times bad , but much more now . for popery . i look on it as an idolatrous and bloody religion ; and therefore thought my self bound , in my station , to do all i could against it . and by that , i foresaw i should procure such great enemies to my self , and so powerful ones , that i have been now for some time expecting the worst . and blessed be god , i fall by the axe , and not by the fiery tryal . yet , whatever apprehensions i had of popery , and of my own severe and heavy share i was like to have under it , when it should prevail , i never had a thought of doing any thing against it basely , or inhumanly ; but what could well consist with the christian religion , and the laws and liberties of this kingdom . and i thank god , i have examined all my actings in that matter , with so great care , that i can appeal to god almighty , who knows my heart , that i went on sincerely , without being moved , either by passion . by-end , of ill design . i have always loved my country much more than my life ; and never had any design of changing the government , which i value , and look upon as one of the best governments in the world , and would always have been ready to venture my life for the preserving of it , and would have suffered any extremity , rather than have consented to any design to take away the king's life : neither ever had man the impudence to propose so base and barbarous a thing to me . and i look upon it as a very unhappy , and uneasy part of my present condition , that in my indictment there should be so much as mention of so vile a fact ; though nothing in the least was said to prove any such matter ; but the contrary , by the lord howard : neither does any body , i am confident , believe the least of it . so that i need not , i think , say more . for the king. i do sincerely pray for him , and wish well to him , and to the nation , that they may be happy in one another ; that he may be indeed the defender of the faith ; that the protestant religion , and the peace , and safety of the kingdom may be preserved , and flourish under his government ; and that he in his person may be happy , both here , and hereafter . as for the share i had in the prosecution of the popish plot , i take god to witness , that i proceeded in it in the sincerity of my heart ; being then really convinced ( as i am still ) that there was a conspiracy against the king , the nation , and the protestant religion : and i likewise profess , that i never knew any thing , either directly or indirectly , of any practice with the witnesses , which i look upon as so horrid a thing , that i could never have endured it . for , i thank god , falshood and cruelty were never in my nature , but always the farthest from it imaginable . i did believe , and do still , that popery is breaking in upon the nation ; and that those who advance it . will stop at nothing , to carry on their design : i am heartily sorry that so many protestants give their helping hand to it . but i hope god will preserve the protestant religion , and this nation : though i am afraid i will fall under very great tryals , and very sharp sufferings . and indeed the impiety , and profaneness that abounds , and appears so scandalously bare-fac'd every where , gives too 〈◊〉 reason to fear the worst things which can befal a people . i pray god prevent it , and give those who have shew'd concern for the publick good , and who have appear'd hearty for the true interest of the nation , and the protestant religion , grace to live so , that they may not cast a reproach on that which they endeavour to advance ; which ( god knows ) hath often given me many sad thoughts . and i hope such of my friends as may think they are touch'd by this , will not take what i say in ill part , but endeavour to amend their ways , and live suitable to the rules of the true reformed religion ; which is the only thing can administer true comfort at the latter end , and revive a man when he comes to dye . as for my present condition , i bless god , i have no repining in my heart at it . i know for my sins i have deserved much worse at the hands of god ; so that i chearfully submit to so small a punishment , as the being taken off a few years sooner , and the being made a spectacle to the world. i do freely forgive all the world , particularly those concerned in taking away my life : and i desire and conjure my friends to think of no revenge , but to submit to the holy will of god , into whose hands i resign my self entirely . but to look back a little ; i cannot but give some touch about the bill of exclusion , and shew the reasons of my appearing in that business ; which in short is this . that i thought the nation was in such danger of popery , and that the expectation of a popish successor ( as i have said in parliamen ) put the king's life likewise in such danger , that i saw no way so effectual to secure both , as such a bill . as to the limitations which were proposed , if they were sincerely offered and had pass'd into a law , the duke then would have been excluded from the power of a king , and the government quite altered , and little more than the name of a king left . so i could not sea either sin or fault in the one , when all people were willing to admit of 'tother ; but thought it better to have a king with his prerogative , and the nation easy and safe under him , than a king without it , which must have bred perpetual jealousies , and a continual struggle . all this i say , only to justify my self , and not to inflame others : though i cannot but think my earnestness in that matter has had no small influence in my present sufferings . but i have now done with this world , and am going to a kingdom that cannot be moved . and to the conspiring to seize the guards , which is the crime for which i am condemned , and which was made a constructive treason for taking away the king's life , to bring it within the stature of edw. the d. i shall give this true and clear account . i never was at mr. shepheard's with that company but once , and there was no undertaking then of securing , or seizing the guards ; nor none appointed to view , or examine them : some discourse there was about the feasibleness of it ; and several times by accident , in general discourse elsewhere , i have heard it mention'd , as a thing might easily be done , but never consented to as fit to be done . and i remember particularly at my lord shaftsbury's , there being some general discourse of this kind , i immediately flew our , and exclaim'd against it , and ask'd , if the thing succeeded , what must be done next but massacring the guards , and killing them in cold blood ? which i look'd upon as in destable a thing and so like a popish practice , that i could not but abhor it . and at the same time the duke of monmouth took me by the hand , and told me very kindly . my lord , i see you and i are of a temper ; did you ever hear so horrid a thing ? and i must needs do him that justice to declare , that i never observed in him but an abhorence to all base things . as to my going to mr. shephards , i went with an intention to taste sherry ; for he had promised me to reserve for me the next very good piece he met with , when i went out of town ; and if he recollects , he may remember i ask'd him about it , and he went and fetch'd a bottle ; but when i tasted it , i said 't was hot in the mouth ; and desired that whenever he met with a choice piece , he would keep it for me : which he promised . i enlarge the more upon this , because sir geo iefferies insinuated to the jury , as if i had made a story about going thither ; but i never said , that was the only reason : and i will now truly , and plainly add the rest . i was the day before this meeting , come to town , for two or three days , as i had done once or twice before ; having a very near and dear relation lying in a very languishing and desperate condition : and the duke of monmouth came to me , and told me , he was extreamly glad i was come to town ; for my lord shaftsbury and some hot men would undo us all , if great care be not taken , and therefore for god's sake use your endeavours with your friends to prevent any thing of this kind . he told me , there would be company at mr. shephard's that night , and desired me to be at home in the evening , and he would call me ; which he did : and when i came into the room , i saw mr. rumsey by the chimny ; though he swears he came in after ; and there were things said by some with much more heat , than judgment , which i did sufficiently disapprove , and yet for these things i stand condemned . but i thank god , my part was sincere , and well meant . it is , i know , inferred from hence , and was pressed to me , that i was acquainted with these heats and ill designs , and did not discover them . but this is but misprision of treason at most . so i dye innocent of the crime i stand condemn'd for , and i hope nobody will imagine that so mean a thought could enter into me , as to go about to save my self , by accusing others . the part that some have acted lately of that kind , has not been such as to invite me to love life at such a rate . as for the sentence of death passed upon me , i cannot but think it a very hard one . for nothing was sworn against me ( whether true or false , i will not now examine ) but some discourses about making some stirs . and this is not levying war against the king , which is treason by the statute of edward the third , and not the consulting and discoursing about it , which was all that was witnessed against me . but , by a strange fetch , the design of seizing the guards , was construed a design of killing the king , and so i was in that cast . and now i have truly and sincerely told what my part was in that , which cannot be more than a bare misprision ; and yet i am condemned as guilty of a design of killing the king. i pray god lay not this to the charge , neither of the king's counsel , nor judges , nor sheriffs , nor jury : and for the witnesses , i pity them , and wish them well , i shall not reckon up the particulars wherein they did me wrong ; i had rather their own consciences should do that , to which , and the mercies of god , i leave them . only i still avers , that what i said of my not hearing col. rumsey deliver his message from my lord shaftsbury , was true ; for i always detested lying , tho never so much to my advantage . and i hope none will be so unjust and uncharitable , as to think i would venture on it in these my last words , for which i am so soon to give an account to the great god , the searcher of hearts , and judg of all things . from the time of chasing sheriffs , i concluded the heat in that matter would produce something of this kind ; and i am not much surprized to find it fall upon me . and i wish what is done to me , may put a stop , and satiate some peoples revenge , and that no more innocent blood may be shed ; for i must and do still look upon mine as such , since i know i was guilty of no treason ; and therefore i would not betray my innocence by flight , of which i do not ( i thank god ) yet repent , ( tho much pressed to it ) how fatal soever it may have seem'd to have proved to me ; for i look upon my death in this manner , ( i thank god ) with other eyes than the world does . i know i said but little at the trial , and i suppose it looks more like innocence than guilt . i was also advis'd not to confess matter of fact plainly , since that must certainly have brought me within the guilt of misprision . and being thus restrained from dealing frankly and openly , i chose rather to say little , than to depart from ingenuity , that by the grace of god i had carried along with me in the former parts of my life , and so could easier be silent , and leave the whole matter to the conscience of the jury , than to make the last and solemnest part of my life so different from the course of it , as the using little tricks and evasions must have been . nor did i ever pretend to a great readiness in speaking : i wish those gentlemen of the law who have it , would make more conscience in the use of it , and not run men down by strains and fetches , impose on easie and willing juries , to the ruine of innocent men : for to kill by forms and subtilties of law , is the worst sort of murder : but i wish the rage of hot men , and the partialities of juries may be stopp'd with my blood , which i would offer up with so much the more joy , if i thought i should be the last were to suffer in such a way . since my sentence , i have had few thoughts , but preparatory ones for death : yet the importunity of my friends , and particularly of the best and dearest wife in the world , prevailed with me to sign petitions , and make addresses for my life : to which i was very averse . for ( i thank god ) tho in all respects i have lived one of the happiest and contented'st men in the world , ( for now near fourteen years ) yet i am so willing to leave all , that it was not without difficulty , that i did any thing for the saving of my life , that was begging . but i was willing to let my friends see what power they had over me , and that i was not obstinate , nor sullen , but would do any thing that an honest man could do for their satisfaction . which was the only motive that sway'd , or had any weight with me . and now to summ up all , as i never had any design against the king's life , or the life of any man whatsoever ; so i never was in any contrivance of altering the government , what the heats , wickednesses , passions , and vanities of other men have occasioned , i ought not to be answerable for ; nor could i repress them , tho i now suffer for them . but the will of the lord be done , into whose hands i commend my spirit ; and trust that thou , o most merciful father , hast forgiven me all my transgressions ; the sins of my youth , and all the errors of my past life , and that thou wilt not lay my secret sins to my charge ; but wilt graciously support me during that small part of my life now before me , and assist me in my last moments , and not leave me then to be disorder'd by fear , or any other temptation ; but make the light of thy countenance to shine upon me ; for thou art my sun and my shield : and as thou supportest me by thy grace , so i hope thou wilt hereafter crown me with glory , and receive me into the fellowship of angels and saints in that blessed inheritance purchased for me by my most merciful redeemer , who is , i trust , at thy right hand , preparing a place for me ; into whose hands i commend my spirit . signed will. russel . the last speech & behaviour of william, late lord russel, upon the scaffold in lincolns-inne-fields, a little before his execution, on saturday, july , being condemned for high-treason in conspiring the death of the king, and the subversion of the government &c. : together with the paper delivered by him to the sheriffs, and signed with his own hand : also the last speeches, behaviour, and prayers of capt. thomas walcot, john rouse gent., & william hone, joyner, a little before their execution at tyburn, on friday the th of july, , being condemned for hihg-treason in conspiring &c. russell, william, lord, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : a or : ) the last speech & behaviour of william, late lord russel, upon the scaffold in lincolns-inne-fields, a little before his execution, on saturday, july , being condemned for high-treason in conspiring the death of the king, and the subversion of the government &c. : together with the paper delivered by him to the sheriffs, and signed with his own hand : also the last speeches, behaviour, and prayers of capt. thomas walcot, john rouse gent., & william hone, joyner, a little before their execution at tyburn, on friday the th of july, , being condemned for hihg-treason in conspiring &c. russell, william, lord, - . walcot, thomas, d. . rouse, john, d. . hone, william, d. . [ ], , , , p. : port. printed by j.c. and f.c. for thomas fox, london : . "impartially taken, and published by authority." this work appears on reel : as l , and on reel : as r (number cancelled in wing nd ed.). copy at reel : is bound with wing s (an antidote against poison). reproduction of originals in the huntington library and union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . walcot, thomas, d. . rouse, john, d. . hone, william, d. . rye house plot, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the last speech & behaviour of william late lord russel , upon the scaffold in lincolns-inne-fields , a little before his execution , on saturday , july . . being condemned for high-treason in conspiring the death of the king and the subversion of the government , &c. together with the paper delivered by him to the sheriffs , and signed with his own hand . also the last speeches , behaviour , and prayers of capt. thomas walcot , john rovse gent. & willam hone joyner , a little before their execution at tyburn , on friday the th of july . being condemned for high-treason in conspiring , &c. impartially taken , and published by authority . we do appoint thomas fox to print the speeches and papers of the late lord russel , capt. walcot , john rouse , and william hone ; and that no other person presume to print the same . saturday , july . . dudley north. p. rich. london : printed by j. c. and f. c. for thomas fox at the angel in westminster-hall . . the last speech and carriage . of the lord rvssel , upon the scaffold , &c. on saturday the st . of july , . about nine in the morning , the sheriffs went to newgate , to see if my lord russel was ready ; and in a little time his lordship came out , and went into his coach taking his farewel of his lady , the lord cavendish and several other of his friends at newgate ; in the coach were dr. tillotson , and dr. burnet , who accompanied him to the scaffold built in lincolns-inn-fields , which was covered all over with mourning . being come upon the scaffold , his lordship bowed to the persons present , and turning to the sheriff made this following speech . mr. sheriff . i expected the noise would be such , that i should not be very well heard . i was never fond of much speaking , much less now , therefore i have set down in this paper all that i think fit to leave behind me . god knows how far i was always from designs against the king's person , or of altering the government . and i still pray for the preservation of both , and of the protestant religion . mr. sheriff , i am told , that capt. walcot yesterday said some things concerning my knowledge of the plot : i know not whether the report is true or not . mr. sheriff , i did not hear him name your lordship . writer . no , my lord , your lordship was not named by any of them . lord russ. i hope it is not , for to my knowledge i never saw him , nor spake with him in my whole life ; and in the words of a dying man , i profess i know of no plot , either against the king's life or the government . but i have now done with this world and am going to a better , i forgive all the world heartily , and i thank god i die in charity with all men , and i wish all sincere protestants may love one another , and not make way for popery by their animosities . i pray god forgive them , and continue the protestant religion amongst them , that it may flourish so long as the sun and moon indures . i am now more satisfied to die then ever i have been . then kneeling down , his lordship prayed to himself , after which dr. tillotson kneeled down and prayed with him , which being done his lordship kneeled down and prayed a second time to himself , then pulled off his wigg , put on his cap , took off his crevat , and coat , and bidding the executioner , after he had lain down a small moment , do his office without a sign , he gave him some gold , then embracing dr. tillotson , and dr. burnet , he laid him down with his neck upon the block . the executioner missing at his first stroke ▪ though with that he took away life , at two more severed the head from the body : the executioner held up the head to the people , as is usual , in cases of treason , &c. which being done mr. sheriff ordered his lordships friends or servants to take the body , and dispose of it as they pleased , being given them by his majesties favour and bounty . the paper delivered to the sheriffs by my l d. russel . i thank god , i find my self so composed and prepared for death , and my thoughts so fixed on another world , that i hope in god , i am now quite weaned from setting my heart on this . yet i cannot forbear spending some time now , in setting down in writing a fuller account of my condition , to be left behind me , than i 'll venture to say at the place of execution , in the noise and clutter that is like to be there . i bless god heartily for those many blessings , which he in his infinite mercy has bestowed upon me , through the whole course of my life : that i was born of worthy good parents , and had the advantages of a religious education ; which i have often thank'd god very heartily for , and look'd upon as an invaluable blessing : for even when i minded it least , it still hung about me , and gave me checks , and hath now for many years so influenced and possessed me , that i feel the happy effects of it in this my extremity , in which i have been so wonderfully ( i thank god ) supported , that neither my imprisonment , nor the fear of death , have been able to discompose me to any degree ; but on the contrary , i have found the assurances of the love and mercy of god , in and through my blessed redeemer , in whom only i trust ; and i do not question , but that i am going to partake of that fulness of joy which is in his presence , the hopes whereof does so wonderfully delight me , that i reckon this as the happiest time of my life , though others may look upon it as the saddest . i have lived , and now die of the reformed religion , a true and sincere protestant , and in the communion of the church of england , though i could never yet comply with , or rise up to all the heights of some people . i wish with all my soul , all our unhappy differences were removed , and that all sincere protestants would so far consider the danger of popery , as to lay aside their heats , and agree against the common enemy ; and that the church-men would be less severe , and the dissenters less scrupulous : for i think bitterness and persecution are at all times bad , but much more now . for popery , i look on it as an idolatrous and bloody religion ; and therefore thought my self bound , in my station , to do all i could against it . and by that , i foresaw i should procure such great enemies to my self , and so powerful ones , that i have been now for some time expecting the worst . and blessed be god , i fall by the axe , and not by the fiery tryal . yet , whatever apprehensions i had of popery , and of my own severe and heavy share i was like to have under it , when it should prevail , i never had a thought of doing any thing against it basely , or inhumanly ; but what could well consist with the christian religion , and the laws and liberties of this kingdom . and i thank god , i have examined all my actings in that matter , with so great care , that i can appeal to god almighty , who knows my heart , that i went on sincerely , without being moved , either by passion , by-end , or ill-design . i have always loved my country much more than my life ; and never had any design of changing the government , which i value , and look upon as one of the best governments in the world , and would always have been ready to venture my life for the preserving of it , and would have suffered any extremity , rather than have consented to any desigu to take away the king's life : neither ever had man the impudence to propose so base and barbarous a thing to me . and i look upon it as a very unhappy , and uneasy part of my present condition , that in my indictment there should be so much as mention of so vile a fact ; though nothing in the least was said to prove any such matter ; but the contrary , by the lord howard : neither does any body , i am confident , believe the least of it . so that i need not , i think , say more . for the king , i do sincerely pray for him , and wish well to him , and to the nation , that they may be happy in one another ; that he may be indeed the defender of the faith ; that the protestant religion , and the peace , and safety of the kingdom may be preserved , and flourish under his government ; and that he in his person may be happy , both here , and hereafter . as for the share i had in the prosecution of the popish plot , i take god to witness , that i proceeded in it in the sincerity of my heart ; being then really convinced ( as i am still ) that there was a conspiracy against the king , the nation , and the protestant religion : and i likewise profess , that i never knew any thing , either directly or indirectly , of any practice with the witnesses , which i look upon as so horrid a thing , that i could never have endured it . for , i thank god , falshood and cruelty were never in my nature , but always the farthest from it imaginable . i did believe , and do still , that popery is breaking in upon the nation ; and that those who advance it . will stop at nothing , to carry on their design : i am heartily sorry that so many protestants give their helping hand to it . but i hope god will preserve the protestant religion , and this nation : though i am afraid it will fall under very great tryals , and very sharp sufferings . and indeed the impiety , and profaneness that abounds , and appears so scandalously bare-fac'd every where , gives too just reason to fear the worst things which can befal a people . i pray god prevent it , and give those who have shew'd concern for the publick good , and who have appear'd hearty for the true interest of the nation , and the protestant religion , grace to live so , that they may not cast a reproach on that which they endeavour to advance ; which ( god knows ) hath often given me many sad thoughts . and i hope such of my friends as may think they are touch'd by this , will not take what i say in ill part , but endeavour to amend their ways , and live suitable to the rules of the true reformed religion ; which is the only thing can administer true comfort at the latter end , and revive a man when he comes to dye . as for my present condition , i bless god , i have no repining in my heart at it . i know for my sins i have deserved much worse at the hands of god ; so that i chearfully submit to so small a punishment , as the being taken off a few years sooner , and the being made a spectacle to the world. i do freely forgive all the world , particularly those concerned in taking away my life : and i desire and conjure my friends to think of no revenge , but to submit to the holy will of god , into whose hands i resign my self entirely . but to look back a little ; i cannot but give some touch about the bill of exclusion , and shew the reasons of my appearing in that business ; which in short is this : that i thought the nation was in such danger of popery , and that the expectation of a popish successor ( as i have said in parliamen ) put the king's life likewise in such danger , that i saw no way so effectual to secure both , as such a bill . as to the limitations which were proposed , if they were sincerely offered , and had pass'd into a law , the duke then would have been excluded from the power of a king , and the government quite altered , and little more than the name of a king left . so i conld not see either sin or fault in the one , when all people were willing to admit of 'tother ; but thought it better to have a king with his prerogative , and the nation easy and safe under him , than a king without it , which must have bred perpetual jealousies , and a continual struggle . all this i say , only to justify my self , and not to inflame others : though i cannot but think my earnestness in that matter has had no small influence in my present sufferings . but i have now done with this world , and am going to a kingdom that cannot be moved . and to the conspiring to seize the guards , which is the crime for which i am condemned , and which was made a constructive treason for taking away the king's life , to bring it within the statute of edw. the d. i shall give this true and clear account . i never was at mr. shepheard's with that company but once , and there was no undertaking then of securing , or seizing the guards ; nor none appointed to view , or examine them : some discourse there was about the feasibleness of it ; and several times by accident , in general discourse elsewhere , i have heard it mention'd , as a thing might easily be done , but never consented to as fit to be done . and i remember particularly at my lord shaftsbury's , there being some general discourse of this kind , i immediately flew out , and exclaim'd against it , and ask'd , if the thing succeeded , what must be done next but massacring the guards , and killing them in cold blood ? which i look'd upon as so destable a thing , and so like a popish practice , that i could not but abhor it . and at the same time the duke of monmouth took me by the hand , and told me very kindly , my lord , i see you and i are of a temper ; did you ever hear so horrid a thing ? and i must needs do him that justice to declare , that i never observed in him but an abhorence to all base things . as to my going to mr. shephards , i went with an intention to taste sherry ; for he had promised me to reserve for me the next very good piece he met with , when i went out of town ; and if he recollects , he may remember i ask'd him about it , and he went and fetch'd a bottle ; but when i tasted it , i said 't was hot in the mouth ; and desired that whenever he met with a choice piece , he would keep it for me : which he promised . i enlarge the more upon this , because sir geo. jefferies insinuated to the jury , as if i had made a story about going thither ; but i never said , that was the only reason : and i will now truly , and plainly add the rest . i was the day before this meeting , come to town , for two or three days , as i had done once or twice before ; having a very near and dear relation lying in a very languishing and desperate condition : and the duke of monmouth came to me , and told me , he was extreamly glad i was come to town ; for my lord shaftsbury and some hot men would undo us all , if great care be not taken , and therefore for god's sake use your endeavours with your friends to prevent any thing of this kind . he told me , there would be company at mr. shephard's that night , and desired me to be at home in the evening , and he would call me ; which he did : and when i came into the room , i saw mr. rumsey by the chimny ; though he swears he came in after ; and there were things said by some with much more heat , than judgment , which i did sufficiently disapprove , and yet for these things i stand condemned . but i thank god , my part was sincere , and well meant . it is , i know , inferred from hence ▪ and was pressed to me , that i was acquainted with these heats and ill designs , and did not discover them . but this is but misprision of treason at most . so i dye innocent of the crime i stand condemn'd for , and i hope nobody will imagine that so mean a thought could enter into me , as to go about to save my self , by accusing others . the part that some have acted lately of that kind , has not been such as to invite me to love life at such a rate . as for the sentence of death passed upon me , i cannot but think it a very hard one . for nothing was sworn against me ( whether true or false , i will not now examine ) but some discourses about making some stirs . and this is not levying war against the king , which is treason by the statute of edward the third , and not the consulting and discoursing about it , which was all that was witnessed against me . but , by a strange fetch , the design of seizing the guards , was construed a design of killing the king , and so i was in that cast . and now i have truly and sincerely told what my part was in that , which cannot bemore than a bare misprision ; and yet i am condemned as guilty of a design of killing the king. i pray god lay not this to the charge , neither of the king's counsel , nor judges , nor sheriffs , nor jury : and for the witnesses , i pity them , and wish them well , i shall not reckon up the particulars wherein they did me wrong ; i had rather their own consciences should do that , to which , and the mercies of god , i leave them . only i still averr , that what i said of my not hearing col. rumsey deliver his message from my lord shaftsbury , was true ; for i always detested lying , tho never so much to my advantage . and i hope none will be so unjust and uncharitable , as to think i would venture on it in these my last words , for which i am so soon to give an account to the great god , the searcher of hearts , and judg of all things . from the time of chusing sheriffs , i concluded the heat in that matter would produce something of this kind ; and i am not much surprized to find it fall upon me . and i wish what is done to me , may put a stop , and satiate some peoples revenge , and that no more innocent blood may be shed ; for i must and do still look upon mine as such , since i know i was guilty of no treason ; and therefore i would not betray my innocence by flight , of which i do not ( i thank god ) yet repent , ( tho much pressed to it ) how fatal soever it may have seem'd to have proved to me ; for i look upon my death in this manner , ( i thank god ) with other eyes than the world does . i know i said but little at the trial , and i suppose it looks more like innocence than guilt . i was also advis'd not to confess matter of fact plainly , since that must certainly have brought me within the guilt of misprision . and being thus restrained from dealing frankly and openly , i chose rather to say little , than to depart from ingenuity , that by the grace of god i had carried along with me in the former parts of my life , and so could easier be silent , and leave the whole matter to the conscience of the jury , than to make the last and solemnest part of my life so different from the course of it , as the using little tricks and evasions must have been . nor did i ever pretend to a great readiness in speaking : i wish those gentlemen of the law who have it , would make more conscience in the use of it , and not run men down by strains and fetches , impose on easie and willing juries , to the ruine of innocent men : for to kill by forms and subtilties of law , is the worst sort of murder : but i wish the rage of hot men , and the partialities of juries may be stopp'd with my blood , which i would offer up with so much the more joy , if i thought i should be the last were to suffer in such a way . since my sentence , i have had few thoughts , but preparatory ones for death : yet the importunity of my friends , and particularly of the best and dearest wife in the world , prevailed with me to sign petitions , and make addresses for my life : to which i was very averse . for ( i thank god ) tho in all respects i have lived one of the happiest and contented'st men in the world , ( for now near fourteen years ) yet i am so willing to leave all , that it was not without difficulty , that i did any thing for the saving of my life , that was begging . but i was willing to let my friends see what power they had over me , and that i was not obstinate , nor sullen , but would do any thing that an honest man could do for their satisfaction . which was the only motive that sway'd , or had any weight with me . and now to summ up all , as i never had any design against the king's life , or the life of any man whatsoever ; so i never was in any contrivance of altering the government . what the heats , wickednesses , passions , and vanities of other men have occasioned , i ought not to be answerable for ; nor could i repress them , tho i now suffer for them . but the will of the lord be done , into whose hands i commend my spirit ; and trust that thou , o most merciful father , hast forgiven me all my transgressions ; the sins of my youth , and all the errors of my past life , and that thou wilt not lay my secret sins to my charge ; but wilt graciously support me during that small part of my life now before me , and assist me in my last moments , and not leave me then to be disorder'd by fear , or any other temptation ; but make the light of thy countenance to shine upon me ; for thou art my sun and my shield : and as thou supportest me by thy grace , so i hope thou wilt hereafter crown me with glory , and receive me into the fellowship of angels and saints in that blessed inheritance purchased for me by my most merciful redeemer , who is , i trust , at thy right hand , preparing a place for me ; into whose hands i commend my spirit . signed will. russel . the speeches of captain walcot , jo. rouse , and will. hone , on friday the twentieth of july , . captain thomas walcot being drawn to tyburn in one hurdle , john rouse and william hone in another , and there put into a cart , the reverend dr. thomas cartwright , dean of rippon , and one of his majesties chaplains in ordinary , with mr. smith the ordinary of newgate , began to acquaint captain walcot , that this was the last time he had to spend in the world , and therefore desired him to make a good use of it , telling him , that as death leaves him , so judgment will find him ; and earnestly exhorted him to make an ingenious discovery and confession of what he knew touching the conspiracy and treasons of which he had been found guilty , and received sentence to die . to this captain walcot replyed , that he had some papers in his pocket , of what he had prepared to say in writing , because his memory was bad ; therefore he desired they might be pulled out , and he would read them . then dr. cartwright and the ordinary spake to hone and rouse to the effect before-mentioned , earnestly desiring them to confess the whole of what they knew ; instancing some places of scripture to them , as joshuah's advice to aeloan , &c. my son , confess , and give glory to god whom you have dishonoured , &c. telling them , they would have imbrued their hands in the blood of a merciful and good prince who had often pardoned , and gave many acts of oblivion and indemnity to his subjects ; and whose reign hath preserved the purity of the protestant religion amongst us : that we cannot enjoy more than we do enjoy : with other good admonitions for them to make cleer discoveries of the truth of what they knew . captain walcot in the mean while was prepared to read his speech . dr. cartwright askt him if he could discover any more than he had done already . walcot . i 've not in the general . i told the king the thing was laid very deep : there was a gentleman with me last night , i told him what i told the king , and that was all : i told him i thought an act of indulgence would be very necessary , because he had a great many men to take judgment of . i know not the particulars of the design ; but the king hath the lord howard , mr. west , and others that know more than i. i was never in councel with them , nor never with them above four , five , or half a dozen times . then looking upon his paper , he began his speech as follows . this great concourse of people do not only come here to see me dye , but also to hear what i shall say ; and because i would not be reproached , and thought to be an atheist when i am gone , i have two or three words to speak for my religion . i do believe in three persons , and one god , and i expect and hope to be saved by the merits and righteousness of his son christ jesus , without the hope of an advantage by any merits or righteousness of my own . and i believe that the scriptures of the old and new testament are the word of god ; that they were not written according to the will of man , but holy men of god writ them as they were inspired by the holly ghost . i believe that these scriptures ought to be the rule of our faith , and the method of our worshipping of god : i believe that as christ is the head of his church , so he is their law-giver , that it is not in the power of any council or conclave of cardinals , or power upon earth whatsoever ; to set up the precepts and traditions of men , and to make them of equal validity with the word of god. i believe it was not because the jews rejected and crucified christ , that he rejected them , but because they rejected his word ; which appears by the three thousand that god by one sermon of peters converted ; they being prickt in their hearts , and touched in their ▪ consciences , cryed out , men and brethren what shall we do ? and they were that day added to the church . it was certainly because the jews rejected the word and gospel of christ , that the things were hid from their eyes which belonged to their peace . it is a dreadful thing to reject the word of god ; and it is a dreadful thing to live in a sinful course of life , till god withdraws his spirit from us : for it is said , it shall not always strive with man. death is the wages of sin . i believe had not adam sinned , he and we his posterity had not dyed . death is said to be the king of terrours , but it is only so to those that are terrifyed with a terrifying conscience , that have the arrows of the almighty sticking in them , from convictions of great guilt , and see no hopes of mercy , have no assurance of pardon ; but those that are christs , he takes away the terror , and horror , and sting of death , he enables them to say with paul , to me to live is christ , and to dye is gain : he enables not only to get unto christ , but into christ ; and so they have communion and fellowship with the father and the son. it is no hard matter to get the notions of the promises of the gospel into our heads ; but unless the lord is pleased to apply them to our hearts , we cannot believe : except we be in christ as branches in the vine , we are not christians indeed . it was the case of poor francis spira ; he was certainly a knowing man , but notwithstanding he had not faith to apply the promises . christ hath said , that he that believes in him , though he were dead , yet shall he live ; and he that lives and believes in him , shall never dye . so if we be able to apply the promises by the spirit of god , we may have comfort through faith : but then faith is the gift of god , and faith comes by hearing the word of god , and receiving it in the love of god. i shall not be tedious , mr. sheriff , i shall be very short . mr. sheriff . take your own time . walcot . as to the present occasion of my death , i do neither blame the judges , nor the jury , nor the kings councel : i only blame some men that in reality and in truth were deeper concerned , and more engaged than i , that came in as witnesses against me ; who swore me out of my life to save their own , and who for fear they should not do it effectually , contrived that , that i will appeal to you all , whether there be a probability in it or not : for they said that i made it a scruple of conscience to have a hand in killing the king , or to embrue my hands in his blood , but was so generous as to undertake the charging his guards , whilst others did it , and to the end another might do it . truly i will appeal to all that know me , whether they believe me so much an idiot , that i should not understand it was the same thing to engage the kings guards , whilst another killed him , as to kill him with my own hands . but however , by their swearing against me , they have secured their own lives and estates , and made my blood the price of theirs . i confess i was so unfortunate and unhappy , as to be invited by colonel rumsey , ( one of the witnesses against me ) to some meetings , where some things were discoursed of , in order to the asserting our liberties and properties , which we looked upon to be violated and invaded . but it was he , and mr. west , and some gentlemen that are fled , who were the great promoters of those meetings . i was near a quarter of a year ill of the gout , and during that time mr. west often visited me , and still his discourse would be , concerning lopping the swo sparks ; that was the word he used , meaning the king and the duke ; and proposed it might be done at a play : this was his frequent discourse : for he said , then they would dye in their calling : it was his very expression . he bought arms to do it with , without any direction of mine ; i never saw the arms , nor i never saw the men that were to do it : though they said they had fifty imployed to that end . i told several of them , that the killing the king would carry such a blemish and slain with it , as would descend to posterity ; that i had eight children , that i was loath should be blemished with it : and withal , i was confident the duke of monmouth would revenge his fathers blood , if it were but to vindicate himself from having any hand in it . mr. west presently told me , that the duke of monmouth did not refuse to give an engagement , that he would not punish those that should kill the king. and now i desire to forgive all the world from the very bottom of my heart ; and i pray god of his mercy from my heart to forgive them , even mr. shepherd , who delivered me up , who promised to carry me into holland , but instead of that , he brought me into the condition wherein i now am . i do desire with all my heart to forgive the witnesses ; and withall do earnestly beg , that they may be observed , that some remarks may be set upon them , whether their end be peace , and that they die the common death of all men . certainly , though it be the law of the land i ought to die and the king may justly and reasonably put me to death for being in those meetings where a war was debated ; yet i think these men are guilty of my bloud , that were as deep in as i , and have betrayed me , and taken in away . then in the next place i beg leave , mr. sheriff , to speak one short word of advice to my friends , that hath been often given to me , though i was not so fortunate and so happy as to take it , and that is , that they would neither hear any man speak , nor speak themselves , that which they would not have repeated : for there is no such thing as faith in man to man whatever there is in man to god : either the tears of a wife , or a family of little helpless children , something or other will tempt and provoke men to betray one another . when god hath a work to do , he will not want instruments , for he can make them ; nor will he want a way to do it , for he can contrive it and bring it to pass . and i do most heartily desire , and my earnest prayer to the almighty is , that this may be the last bloud spilt upon this account . i know acts of indulgence and mercy in the king would make him much easier in his government , and would make his people sit much easier under it , and that the lord may encline his heart to mercy , ought to be the prayer of every good man. what hath happened , and what hath been the present occasion of our calamity , i suppose every man knows ; what provocations have been on the one hand , fears and necessities , jealousies and sufferings of the other ; i will not intermeddle with , resolving to use my utmost endeavour to make that peace and reconciliation with my god , which is impossible for me to make with men ; and to make it my hearty prayer to the great god before whom i am in little time to appear , that he would stench this issue of bloud , and find out some other way to preserve these kingdoms in unity and peace , to the honour and glory of his great name , and the eternal comfort of his people . one word , mr. sheriff , i desire leave to speak as to ireland , because the king prest it hard upon me , and several people have been with me about ireland , how far ireland was concerned in this matter . i do aver here , as in the presence of god , before whom i am now going to appear , that i do not know an english-man nor protestant in ireland engaged in it . what i did know , was onely of one scotish gentleman in the north ; and the king knows it , but he says he does not believe it . for they that were concerned , i was never in any of their councils : i never saw any of those lords , but the duke of monmouth , and that was i believe above six months ago . i never saw nor spoke with one lord , onely my lord howard ; i heard my lord howard say , that they did not value ireland , for it must follow england . i have not more to say , mr. sheriff : but truly you will do an act of a great deal of charity , if you will prevail with the king for an act of indulgence and liberty to his people ; i think so : and so the lord have mercy upon me . dr. cartwright . you blame them for that which is their vertue , and not their crime ; that they have been witnesses for the king. walcot . i was not for contriving the death of the king if you 'll believe me . dr. cartwright . you blame them for betraying of you in contriving the war , upon which the death of the king must have followed , if your treason had gone forward , for else you could not have defended your self from that justice to which he hath brought you : and therefore you to lay that as a crime upon your witnesses , is indeed very strange . walcot . sir , i think it was but reasonable that i should suffer that is due from justice , and reasonable by the law ; but these men , they did not come in against me till they did it to save themselves . dr. cartwright . better late than never : a man had better save his soul and body too , than die as now you do , for crimes that ought to make every good mans heart relent ; and therefore for your blaming them , it was for that which was their duty to do ; they have not committed a crime in that , but a very meritorious act . walcot . they have revealed it with that aggravating circumstance , which i think no rational man will be guilty of . dr. cartwright . that circumstance which you call aggravating , is no aggravation at all : that is rather a mitigation of your crime , to make them believe that you were tenderer of the kings person than to shoot him when he was not armed . but you confess you were consulting this crime . walcot . i was not to have a hand in the kings death . dr. cartwright . but it was proposed when you were there . walcot . it was so . dr. cartwright . and it was agreed to be done . walcot . truly i do not know how far it was agreed ; i was there many meetings . dr. cartwright . these very meetings you could not but be sensible of . walcot . there were several meetings wherein the business of the kings life was never spoke of . dr. cartwright . that was agreed in those meetings ; but you had a tenderer conscience . walcot . i say , they were for asserting our liberties and properties . dr. cartwright . i would fain have you explain that . walcot . truly , sir , since you do press me to speak , we were under general apprehensions , and so were those lords that are likely to suffer , as i have heard ; they were under general apprehensions of popery and slaveries coming in . dr. cartwright . what signe was there of it ? you had no persecution at all ; you were allowed by the law to meet five in a house , besides those of the family . it is true , the conventicles have been disturbed of late ; and i would have you look upon it as a judgment of god , to bring you to this for forsaking the church of england : you have forsaken communion with that church in that way you were instructed from your youth . walcot . i do not come here to dispute of religion , but i come here to die religiously , if it please god to enable me . dr. cartwright . i pray god enable you : but i would not have you charge that as a crime upon the witnesses , which was their duty . walcot . i can't tell how to excuse my witnesses for aggravating things against me , and making them worse than really they were . dr. cartwright going to reply ; walcot . pray , sir , give me leave ; for a man to invite a man to a meeting , to importune him to this meeting , to be perpetually solliciting him , and then to deliver him up to be hanged , as they have done me — dr. cartwright . it was a crime to sollicite you to those meetings ; but when you were in , it was a duty in you and in them to reveal it : if god had given you the grace to reveal them , the turn had been theirs which now is yours . and whereas you say you cannot excuse them , that is uncharitable . walcot . i do forgive them , and i desire with all my heart god would forgive them . dr. cartwright . you confess you were guilty enough to take away your life . walcot . i was so . the same measure we mete to another , that measure god will mete to us : then , sir , i do leave it to god. dr. cartwright . then you pray this may be the last blood spilt upon this account . walcot . i do so . dr. cartwright . would not you have traytors brought to their end ? you talk of spilling blood , as if it were innocent blood now spilt , when you do confess and own the guilt . but i shall give you no further disturbance , but my prayers to almighty god for you , that god would give you mercy . and then turning to hone. dr. c. mr. hone give glory to god , and unburthen your conscience , for you have but a short time to stay here . hone. i have nothing further to say , but that i have been guilty of the crime . dr. c. you are so ? h. yes , i am guilty of this crime according to the law of the land. dr. c. i , and according to the law of god ? h. yes . dr. c. you say according to the law of the land , a man may be sworn out of his life by false witnesses , but you were guilty of conspiring the death of the king , and raising an insurrection ? h. truly i must say as the captain well minded , i was drawn in . thou sawest a thief , and thou consentedst with him : so i say , that i was drawn in , i saw the thief and consented ; i have looked upon my self since to be the more guilty of blood , and my circumstance was to be drawn in , and insnared ; for i never was at any of their meetings , none of their cabals , but in a publick coffee-house or tavern , where they discoursed the matter of fact : and i was to meet the k. and the d. of york . but i did not know at that time when , or where , nor what was my business . dr. c. but you were to assist ? h. yes , i promised that , to assist . dr. c. do you beg god and the kings forgiveness for it , from the bottom of your heart , that you have been guilty of this : for if the blind lead the blind , both shall fall into the ditch ; as well he that leads , as he that is led , although he that leads may fall deeper : there are circumstances make one mans crime greater than another ; the greatness of theirs do's not lessen yours . h. i believed that then i was very near another snare : i was resolved to go down into the country , and not meddle in the thing at all , and had been in the country , but meeting with keeling , ( i freely forgive him for whatsoever is done , ) he called me , and discoursing with him , i did say i was for killing the k. and saving the d. of york . dr. c. why was you for saving the d. of y. h. i do not know what to say as to that : there was no reason . dr. c. what was your own private reason for killing the k. and saving the d. of y. h. as to that i think this , that the d. of y. did openly profess himself to be a r. catholick , and i did say i had rather dispose of the k. than the d. of y. dr. c. had you rather a papist should reign over us , as you take him to be , than the k. ? h. i do not know what to say to that . dr. c. that do's deserve a reason , mr. hone. you ought to give some reason of that , you cannot but have some reason ; if you had had a design to kill the d. and save the k. then it might be to prevent popery , but you say the quite contrary . god in heaven forgive you for your murderous design . h. i know as little of this as any poor silly man in the world ; i was fain to gather it , i had it not so down right , i was drawn into it , however i am now to die : as for the witnesses , i desire the lord to forgive them . dr. c. they have not wronged you , they have done their duty . dr. c. rouse what say you ? rouse . as a man and a christian , in the first place , as god hath made me a christian through his grace , that the world may understand , that i do not dye as capt. walcot saies , an atheist ; i do here declare in the presence of god , and this vast number of people , what faith i dye in : in that very faith which was once delivered , and in the belief of that doctrine which the church of england makes profession of , and is agreeable to the word of god , being founded upon the doctrine of the prophets , and apostles , whereof jesus christ is the corner stone . there have been very various opinions concerning me , upon the account of the various imployments that i have been exercised in , both here , and beyond sea : it has been my lot to fall under such circumstances , and to fall under such misrepresentations and censures , upon the account of some publick imployments , that i have been in for the k. and after i returned from flanders , upon the account of disbanding , it was almost morally impossible for such a one in my capacity , to stand right in the affections and opinions of all people . when i was imployed in flanders , in the payment of that army , i was then between rocks ; i will leave it to the judgment of all sorts of people , you know the country , i need not particularise , nor reflect upon opinions , and the like . but i having been bred up in england , and had that education it pleased god to give me , i was not fond of , nor carried off with , that debauchery in those times : and sometimes , more than once or twice , it was my lot that i was like to have been murthered for pleading for , and justifying the actions of the king of england . since my return , and being imployed under sir tho. player , and some others about disbanding , there it came to my lot , because i could not humour some gentlemen , who neither feared god , nor honoured the king ( i will not say so of all , for i know some were very worthy gentlemen , that scorn'd any of those actions , which some would attempt . there is one worthy gent. i can speak very honourably of ) that so they might have their pockets full of money , did not value how the accounts were stated , and at the very same time i was under many temptations of handfuls of guineas in my hand to do so and so , to cheat the k. and because i would not do that , i was looked upon as a jesuit . i did wave all these things under those circumstances . it hath been my lot likewise being imployed by sir t. p. and the rest of the commissioners to fall into those companies and places where my lord shaftsbury and others have been , and have had some kind of discourse , which was not treason , but rather a thing that i ever abhorred , and declared a detestation of : since these hurly burlys , concerning parliaments going off , and coming on , did discontent the people upon one account or another , i confess i have been a hearer , and have understood too much of some kind of meetings , which i pray god forgive them for , and especially those that call themselves protestants , being times worse than any others . that there have been such kind of designs , and meetings , and clubbs , i have not been ignorant of ; god forgive me that i have not been as careful and as diligent , and as ready and forward to discover it a great while since . that i ever had a hand in it , or the least thought or resolution , or intention to appear in it , but rather , on the contrary , have declared my opinion against it both in the sight of god , and man , as a breach of the laws of god , and the laws of the land , and contrary to our duty , who are bound to pray for the king , and all that are in authority . i do declare in the presence of god , i am a perfect stranger , and i thank god my conscience is clear , i have acquainted his majesty in council , and i have had the honour to be admitted into his majesties presence in private almost half an hour on saturday was seven-night , where i was as clear and above board , and as faithful to his majesty as i could be in an humble manner , according to my duty ; where i offered to have some time , and place allotted , that i might give him a whole scheme of the business : for there were a great many gentlemen that had a respect forme ; it was their opinions that i had a general knowledge of all the clubbs , and all the designs that ever were since the king came in , but they were under a mistake . i gave his majesty an account to the best of my knowledge , and when i had done , his majesty seemed to be pleased , and to thank me for it ; but before i had power to put it in writing , and wait upon his majesty , the providence of god did so order it , the council thought it fit that i should be committed to prison , where i was some days ; i have had more kindness among heathens and indians , i pray god to forgive them for it , i had not liberty to send to my wife big with child , in two days where i was . sir , i shall not hold you in suspence , and multiply words , but what is most proper to this occasion . what i have given to his majesty in council , and what i have spoken to his majesty , in private , is nothing but the naked truth to clear my own conscience , that i may not go out of the world with any thing upon me : i wish those that call themselves protestants would discharge their duty better to god and the king , than either i or the best subject ever did . i have lookt upon 't as an obligation ever since i knew what it was to be a man , to carry my self obedient to those that god has set over me , especially the king and those that are in authority ; and i have made it my practice to pray for the king , as for my own soul. that it has been my lot to be acquainted with those vanities of clubbs , and persons , no rational man will wonder , considering the circumstances and places i was called to . there is one particular gentleman , mr. sheriff ; i must desire the favour to clear my self by something that i took occasion to speak of yesterday . i did acquaint you , mr. sheriff , with what i had spoken to the king , how i was interrupted in the further discovery of what i had a mind to say . what was further said yesterday , it was nothing but the naked truth : in the first place , as to what was afterwards discourst of , as to some particular persons , namely and particularly sir thomas player , i must do justice to all the world . that he hath been acquainted with the lord shaftsbury , none , here , will wonder ; but that he hath been very shy of his company since he came out of the tower : for he told me many times , he never was in his company but once , for he did not like some things , and saw some designs that he was afraid were going on ; and thereupon sir thomas player was so ingenuous and honest to the king , as to break off . i always look'd upon him as a very loyal subject , and i must declare in the presence of god and all these people , i never heard him speak one dishonourable word of the king ; what he may have had with others is best known to himself . i have been in several clubbs eating and drinking , where it has been discourst to accommodate the kings son , the d. m. that there was a design to set up the d. of m. i will not say while the king raigns , though some extravagant hot-headed men have taken upon them to discourse these things , but not any worthy man : i know those that were worthy to be called by that name , have declared in my hearing , that in opposition to the d. of y. if the king be seised , they would stand by the d. of m. there are others , ( i will not give nicknames to any , you are wise men , and know what i mean by speaking in the general , ) that were for a common-wealth , and some there were , two or three persons . i shall be as plain as i can , and i hope you will bear with me since it came to my lot to come to the knowledge of it . some were for the d. of m. some for a commonwealth , and some , but very few , not worth naming , were for the d. of bucks : but that i think fell at last between these two , being the greater part , as far as i did apprehend by discoursing here and there in the city , which i did very frequently do . but the way of these gentlemens discoursing these things was only one at a time , especially a very industrious gentleman that hath made it his practice a long time , ( for it hath been my lot to be acquainted but two months and that too long , ) which is the witness that comes against me , and i pray god to forgive him , and i blame him not for discovering me , but for the words he spake himself , by way of instigating me to enter into a design against the king ; they were his own words and not mine . i blame him not for discovering any thing whereby the king may be served . he did tell me several times there were clubbs in london , but i could never get out of him the places where the clubbs were . yet i endeavoured what possibly i could to come to the bottom of that design ; for my intent was to make a faithful and true discovery , that i might not go to whitehall or a justice of peace , with an idle story , or a sham : but at last i got out of him that rich. goodenough was chiefly instrumental . this was a very few days before notice was given , this certain person thomas lee the dyer , that he was sworn against by one how : i asked him the meaning . he told me that that how was a very rascal . i asked lee , sir , what course shall be taken ? for what by the doctors-commons of the one hand , and what by the persecutions of the other , we must think of a way how to relieve it . there is some design in hand , says lee , don't you know ? ho , said i , i would be glad to hear : there is an invasion , said he , going on , a design against the king and the government , but that was only a fallacy ; but he discovered afterwards to me that there was a resolution , and a certain number of people about the city and the nation , to make an attack upon the tower of london , upon the city of london , upon whitehall , and upon st. james's : i said what do you design then ? have a care that you don't shed more innocent blood , for the land is stained with blood too much already . no , saith he , the resolution as mr. goodenough saith , is not to spill a drop of blood , but only to secure the kings person , that the papists do not kill him , and then saith he we will deal with the d. of y. as we please . they were his own words to the best of my remembrance . afterwards this gentleman was sworn against by one mr. keeling in east-smithfield , saith he , he 's a rogue and a dog , and i have seen him but once these nine months , and i had no discourse but only drunk a glass of drink ; which proves since to the contrary . being then in company at the kings-head tavern in swithens-ally near the exchange , news was brought , he was sworn against , he did not know what to do , but found out a place near london-wall , and desired me to go to one or two about the matter , he knew not how to obscure himself , his house was beset , messengers after him , and likewise a kind of judgment or execution ; how to put both ends together he knew not . i told him , if he would i had a bed , he might go to my house . i never heard a word from rich. goodenough one way nor another of any design against the k. and the government , whom i have known this seven years ; only this lee told me , his hand was as deep as any other . it s true , this gentleman comes and swears against me , that i should be the only person to ingage in taking the tower of london . sir john — you know very well in what capacity i have been , and how very uncapable i was in my person to take the tower of london . i speak in the presence of god , before whom i am to appear in a few minutes , i never had any such thought , never had any such desire , never consulted with any persons of quality , never discoursed of any arms in order to it , but only this i was saying . this fellow being set on ( and i think a more proper person than any man in the world ) for that he was a little low in the world , he was under a temptation of being thrown out by an anabaptistical church , for some kind of failings , he was under a temptation to make himself somebody , therefore he did close with mr. goodenough and some others ; and when the first proclamation came forth , he himself told me , i never knew it before , that rumsey , captain walcot , nelthrop and goodenough and west were concerned in this design , he was the man told me : and when the second proclamation came out , then he could tell me of those too ; i told him he was a wretch he had not discovered it betimes ; as to his swearing against me , for which god forgive him , that i had a hand in taking the tower of london , the thing is this : he knew i was intimately acquainted with a certain captain , one blage , who was my servant years ago in virginia ; he hath been a very faithful and honest servant , i believe , to his majesty for these years , particularly five years in three of his majesties men of war. i know very well the man is of such a principle that he abhors to ingage in any wicked design . but only lee discoursing at random about taking the tower , captain blage gave this answer , ( for he is a very jocular man , ) if i were of a mind to take it , were it for the service of the king , if there were an enemy coming in , saith he , i would with six ships well manned and armed with guns undertake to take the tower : upon what account he said it , i don't know , but i believe in my conscience he had no more design to put such a thing in practice , than i have to cut my own throat at present ; captain blage had heard these discourses pro and con , saith he or men would do it , it 's weak in such a place , i wonder his majesty dos not make it stronger . now when he came to swear , as soon as he was taken up , he took occasion to swear against me , all the discourse he used in pressing me to undertake this design . mr. sheriff rich. pray , if you have any thing that was not told in court , discover it , but you need not go over that which was in court. rouse . mr. sheriff , i have nothing at all to say , either to blame the judges , or the jury , or the witnesses themselves , the greatest of all . i thank god i was not any way to have had any hand in it : but the very words themselves that came out of his mouth he makes me the author of , but i freely forgive him , as i desire god would forgive me : tho he did tell me positively there were five hundred arms to be brought out of the countrey . i heard of such a thing , i confess , here and there , but could never know the authors of it , nor the clubbs where it was discoursed : it was lately that he told me , goodenough told him , that the king was to be taken off as he came from windsor , that there was several things to be done in order to it , that they wanted a place of meeting , and some thought of salisbury plain , and some of black-heath , but the most convenient place pitched upon was black heath . they were discoursing how to gather the people together ; some were for communicating it privately , others for a ball. they asked my thoughts : said i , the best way will be , if you throw up a silver ball , to get the people together : for my design was to get what i could out of them . thereupon he went to mr. goodenough , and discours'd him , and told him , that my opinion was , to throw up a silver ball and declare , all those that will come and drink a bowl of punch , shall be welcome , and that by this means they would have gathered thirty or forty thousand men in two or three dayes time , which otherwise would have been a fortnight a doing : but for himself , i will not blame him , nor lay any thing to his charge of which he is not guilty . i must needs give him his due . i do not remember that ever he insisted upon shedding of blood , but that he hath discoursed in very opprobrious terms and base language of the duke of york ; by calling him rogue , and dog , and such things : and that we will do his work : that is true . and , that after the king's decease , the duke of monmouth , having a vogue with the people , must of necessity succeed : i cannot tell what i can say more as to that ; that is the chief thing i have to say , if i have not forgot any thing . mr. sheriff rich. mr. rouse , you would do well to name those persons that were with you in that consultation . rouse . there was no consultation at all , sir. that i had was from this thomas lee's mouth himself , that there were five hundred arms to be brought in ; that he had it from richard goodenough , and nelthorp , and mr. west , and that mr. west particularly knew from whom these arms were to come , for he gave me a hint that part of the arms were bought by mr. west . mr. sheriff rich. who proposed the way of the ball ? rouse . sir , he was saying , there was several propositions made in the club where goodenough was , and some thought of one way and some another , but they could not find out a proper way ; saith he , what do you think ? said i , if the people meet together they may throw up a ball , just in that careless way , i said so . so he came to me afterwards , and said , that he had discoursed with mr. goodenough , and mr. goodenough told him , that there was forty thousand pound in bank , and if such a ball cost thirty or forty pound , it mattered not , to carry on such a design as that was . here captain walcott spake . captain walcot . sir , i desire you to take notice of this , among other things , that so far as i ever heard of this business , it is of no longer a date than august or september last : i would not have this consequence of it , so as to stifle the popish plot. mr. sheriff . do you know any thing of the popish plot that hath not yet been discovered ? capt. wal. no , sir. hone. i had but the knowledge in march last of this business . capt. wal. i do not know nor ever heard , that it was older than august or september last . mr. sheriff . ordinary , do your office. ordinary to walcot . have you fully discharged your conscience ? capt. walcot . i have . but it being said that rouse was interrupted , mr. sheriff north. if you have any thing to say , mr. rouse , go on , but do not make repetitions . who pulled his paper out of his pocket and looked on it . rouse . he declared further , mr. sheriff , that when once the thing came so far that the tower and city was taken and so many men gathered together , they would quickly increase ; and the method was , to go to whitehall with swords in their hands , and to demand priviledges and liberties , not to take away the kings life , but only let the d. of y. look to it : for he was resolved upon it that he should not succeed the king. then he delivers another paper , being his petition to the king , and some more notes in short-hand . ordinary . have you fully satisfied your conscience . rouse . i have sir a word or two to speak to the people . i have discharged my conscience as to any thing as to what i was acquainted with . it had been happy for me if i had not heard of it ; but that i had a hand in it i thank god i am free . dr. c. you had a hand in the concealing . rouse . that i had . dr. c. and in maintaining the correspondency without discovering it ; and you do diminish your crime . rouse . no sir , i don't desire it . mr. sheriff , i do freely acknowledge and confess that it is just in god in the first place , and righteous and just in the king , that i die ; and that i die justly for concealing it . i would lay no blame upon the king nor any other person in the world. i did not conceal it upon any account to his majesty's prejudice nor any man in the nation ; and i hope god will give more grace to those persons that do succeed . i beg a word or two i had almost forgot , as a man and as a christian , that it is a thing of such evil consequence , i have found it by bitter experience now , for such and such publick places to be visited , especially by those that are professors of the protestant religion , and particularly coffee-houses , where it is very well known too much time is spent , and families , and wives , and children , suffer too much : i pray god the people may take notice of it and lay it to heart that spend their time so , thinking it is but a penny and a penny ; and so discourse of state-affairs as if so be they were gods counsellors in the government of the world , running from the coffee-house to the tavern and from the tavern to the coffee-house , which hath been the debauchery of this age ; and so bring them into this dilemma to discourse of those things neither pleasing to god nor the king , nor themselves , but their prejudice . the profanation of the sabbath-day is commonly discourst of in this place ; god forgive me for not observing it as i should . i pray god those that follow me may be more careful of their duty to god and man , for the good of themselves , their souls , and their families ; those that are young especially and coming up , that they may chiefly mind their concerns for eternity , and that they would pay their duty and homage to the king and those that god has set over them , and not neglect that great command to pray for the king and all that are in authority . being asked if they had any thing more to say , they said , no. mr. ordinary then prayed with them , and sung a psalm ; and then they desired to pray themselves ; which was granted . captain walcot's prayer . o lord , our god , thou art the god of present help in time of trouble , a god , that hast promised to be with thy people in the fire and in the water . o lord , we pray thee , that thou wilt afford thy presence to thy poor suffering servants at this time , that thou wilt enable us to pray with faith , to trust in thee , to be in expectation and hope of mercy from thee . o lord , thy servant that speaketh doth confess , that the iniquities at his heels have justly overtaken him , that just and righteous art thou in all thy judgments , that he hath reason to bear thy indignation , because he hath sinned . o lord , we beg , even for thy son christ jesus's sake , that our sins may not be brought to our remembrance in order to our despondency or discouragement , or our despairing in thy mercy , but rather , o lord , in order to an assurance that our great god hath pardoned and forgiven them in the blood of his son. o do thou bath each of our souls in that fountain set open for sin and for vncleanness . give us , o lord , inward spiritual strength from thy self , and give us cause to bless thy name for inward supporting graces , for inward assistances . o let us find an increase of spiritual strength , let us be assured that our sins are done away , and let us also be assured that our names are written in the book of life , and let it be such an assurance as may be matter of joy and rejoycing to our souls . o do thou enable every one of us , from the inward evidence of thy spirit , to say with thy servant job , that we know and are assured that our redeemer lives . o do thou give us such an assurance of an interest in thee , that we may be inabled in deed , in reality , and in truth , to say , that we have run our race , and we have finished our course with joy : o let us now receive the fruit of those many petitions that we have put up unto thee . o let us now find the spirit influencing our hearts to a yielding patience , and a thorow subjection to the will of god : let us find thy spirit assuring us that we are thine . o let us have stronger evidences of thy love , stronger testimonies of thy affection : o give us some inward tastes of those heavenly joys that we hope through the mercy of jesus christ in a little time to have a more full fruition of . o lord , do thou speak peace to every one of our consciences ; enable us to take hold of thy strength that thou may'st make peace with us , and let us not be discouraged , o lord , since we have a high-priest that can be touched with our infirmities : let us with boldness have access to the throne of grace , that we may obtain mercy and grace to help in time of need . o take away the sting and terror that is in death in any one of us , by assuring us of our interest in thee , by assuring us that our names are recorded in the book of life ; tho we lye under a sentence of death from man , we beg that we may have a sentence of life eternal from our god ; and tho we meet thee , o lord , in a field of blood , we beg that thou wilt come to meet with us in a field of mercy . o lord extend thy mercy , thou lord whose compassions faileth not , cause the bowels of thy tender pity to yearn with compassion towards us : enable every one of us , o lord , to die believing in jesus christ , to die hoping in his mercy , to die , relying upon him for justification , for sanctification , and for adoption . o lord , though we have been prodigals , we desire to return to our fathers house where there is bread enough . o enable us to come unto thee as children to their parents . o let our prayers be offer'd with so much fervour in christ jesus , that thou may'st think it reasonable to assure us of thy love. o let the intercession of jesus christ be accepted . o lord , we beg that he may be our advocate ; if our advocate be our judge , certainly we cannot miscarry . o let jesus christ be the hope of every one of our souls ; and lord let not our hope be like that of the hypocrite , but let our faith be built upon the rock of ages , and let us not fail from the apprehension of affliction and punishment from men . yet , o lord , do thou so order our hearts and our spirits aright , that thou may'st be the lot of our inheritance , and our portion for ever . o do thou interest us in thy self ; lord carry on thy own work. we desire to come unto thee that we may have life . lord help us , lord put to thy helping hand , lord teach us truly to leave no sin unrepented of in any one of our hearts . and o lord , we beg that with us thou wilt give us leave to recommend unto thy care our poor wives and children : thou hast promised to be the father of the fatherless and the husband of the widdow ; and thou hast commanded us to cast the care of them upon thee . o do thou make provision for them , deal kindly with them , imprint thy own image upon them , and enable them to bear this severe stroke with patience . o lord , stand by and support them ; let their ways be found so pleasing and acceptable unto thee , that thou may'st think it reasonable to make all their enemies at peace . lord , interest them in thy love , and do thou favour them with thy mercies and loving . kindnesses . o lord , we also beseech thee in the behalf of these poor kingdoms wherein we are , that thou wilt be merciful to them , prevent divisions among them , heal all their breaches , compose their differences , make all that are thine of one heart and mind in the things of thee our god. and lord , if it be thy will , do thou rule in the heart of the king , that he may rule and reign for thee , and for the good of thy church and people . lord , favour us with thy mercy , assure us of thy love , stand by us in the difficult hour , take us into thine own care , cause thy angels to attend us , to convey our souls as soon as they are divided from our bodies , into abraham's bosom , into the paradice of our god. and lord , we beg that thou wilt be with us , with thy extraordinary presence , helping us to trust in thee , doing for us beyond what our narrow hearts are able to ask or think . all which we beg for the sake of thy son jesus christ , in whom , o lord , this little time do thou give us hearts to give thee all glory , honour , and praise , nom and for evermore . amen . sweet jesus , amen . hone's prayer . glorious lord our god , thou art the god of the whole creation , and the god that created the heavens and the earth in six days ; by thy power we stand here before thee : lord , help us to be looking up unto jesus christ , who is exalted to be a prince and a saviour to give repentance to israel , and remission of sins . now , lord , for thy mercies sake we would be helped to say , that power that raised up christ from the dead , that is able to raise up our poor souls before thee from death to life . o lord , for thy mercies sake wash all our souls in the bloud of jesus christ , which speaketh better things than that of abel : and , lord , for thy mercies sake pardon all our sins , from our first , our original sins , and our sins of sabbath-breaking , and our sins of transgression , and the sin for which we are condemn'd ; o lord , pardon it , and let us not go out of the world with one sin hid in our souls . for thy mercies sake pardon all our sins ; and , lord , do thou preserve this nation , and put it into the heart of the king to be merciful , and to rule in truth and righteousness . and for thy mercies sake , rule the affairs of this nation , and help to rule and govern all things for the government of our souls and our spirits , for thy mercies sake ; and help us that with joy we may be received into glory , into the eternal habitations : for christ is sent into the world to that purpose , to save sinners , of whom we are chief . and , lord , for thy mercies sake , let me have a true belief in jesus christ aright , to be looking up unto him for life and for salvation . oh that we might perish if we perish , and be found doing thy will to the utmost of our power . lord accept of us , and help us and be with us this little time we shall be in this world . all which we beg for the sake of our lord jesus christ , to whom be glory with the kingdom both now and for evermore . mr. rovs's prayer . o lord our god , who art nearer to each and every one of us , than we are to our selves : it is not all the confessions to men in the world , were it confessed by the tongues of angels , those glorious spirits above , that can avail any thing with the great god , against whom we have sinned , or that can procure pardon for the least transgression which deserves , eternal wrath . and therefore for the sins that we have been guilty of , either against the first or the second table , either against god as our creator , christ as our redeemer , or the holy and blessed spirit as our sanctifier , the sins that we have committed against thy holy church , and that faith that i hope we die in the belief of , the sins that we have been guilty of against our neighbours , upon one account and another , the sins that we have been guilty of against our governours and rulers , to whom thou hast obliged us under manifold obligations , both as men and christians , the sins that we have been guilty of in our several places , relations and capacities whatsoever , whatever have been their circumstances and their aggravations , the least whereof deserves everlasting death , without the merits of jesus ; for all those greater or lesser sins , whether that original sin we brought into the world with us , that source and fountain , and foundation of all other sins , those actual sins and transgressions against any of those that thou hast set over us , or those that have been equal with us ; those relation-sins , as husband and wife , as master and servant , in every relation and capacity ; lord forgive them , and wash them away in the blood of the lamb of god , that stands at the right hand of the majesty on high . and because we have no worthiness of our own to recommend us to thee , therefore we beg thee for thy sons sake to fetch arguments from thy self . our righteousness is as filthy rags , and the best of us are as a menstruous cloath . fetch arguments from the riches of thy grace , from the goodness of thy nature , from the multitude of thy mercies , from the blood of thy son , from that blessed , eternal intercession that we hope he is making for us , and for all that belong to the election of grace , and shall be brought to glory . remember thy churches , hasten the fulfilling of thy promises , the accomplishing of thy prophesies through the world , the downfal of the man of sin , and the destruction of all thy true churches implacable enemies . lord hasten the day of the calling the jews , and the fulness of the gentiles ; put an end to wars and rumours of wars , let the desire of all nations come . dwell in these three nations , be a wall of fire round about them ; prevent any kind of insurrection at home , all manner of invasion from abroad ; let those that tarry behind , enjoy peace , and truth , and righteousness . dwell in and reign in the heart of the king , lord bless and prosper him in his person , give him a long , a prosperous , and an happy reign . good father we pray thee , let him live here with a flourishing crown upon his head , till thou in thy due time shalt receive him to an eternal crown hereafter . bless him in his royal family and relations , in his royal brother . bless him in his royal consort , make the king a nursing father , and the queen a nursing mother . confound all hatred , malice and envy , all evil speaking , every thing that is contrary to sound doctrine , and give thy people that live under him , to shew that dutifulness and respect as becomes christians , and as becomes loyal subjects . bless the clergy , by whatsoever names or titles distinguished , make them sound in their doctrine , and make them useful and unblameable in their lives and conversations . help them to mind the souls committed to their charge , and help them to do their duty , that they may be able to say , behold here are we and the children whom thou hast given us . now lord bless all the nation from the highest to the lowest , from the prince to the peasant , of all sorts , ranks and degrees . give loyalty towards our dread sovereign , who is a merciful and gracious prince , whom thou hast set as thy vicegerent to reign over us , who can do nothing but what is just and equal before thee , to whom he must give an account of all his transactions , even to thee the king of kings . and lord grant peace and love and unity one among another , and the practical observation of thy holy day , and those duties that relate to god and man. grant that those that follow after us , may take particular example by us . we must needs acknowledge and smite upon our thighs , that we in justice are brought hither , that we have nothing to do , but to condemn our selves , and justifie the justice of the land , and to pray god to bless his majesty to reign in these nations , and those that shall succeed him upon the throne . all which we beg upon the account of our lord jesus christ , who was dead , and behold he lives , to whom with thy self and eternal spirit , we desire to ascribe , as is due , all honour , praise , and glory everlasting . amen . there was these lines more in the paper delivered by captain walcot , than what you have before seen . as to ireland , i am very inclinable to believe , could i have charged any body there , with being ingaged in the matter for which i suffer , i might have had my life ; but by the blessing of god , i will charge no man wrongfully , no not to save my life ; and these being some of the last words i am to speak , i do aver i knew not an englishman , or protestant in ireland any way ingaged in it . besides , i was told , they that were mostly concerned , did not value ireland , and said it must of course follow england . something i heard of one gentleman in the north , and whether it be true or false i will not determine . finis . the history of the plot anatomised: or the late sham fanatical-plot, briefly and plainly laid open wherein, those worthy patriots who were charged therewith, are vindicated from the malicious and false aspersions cast upon them by a late author. in a letter to a friend. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the history of the plot anatomised: or the late sham fanatical-plot, briefly and plainly laid open wherein, those worthy patriots who were charged therewith, are vindicated from the malicious and false aspersions cast upon them by a late author. in a letter to a friend. l'estrange, roger, sir, - . [ ], p. printed for m.r., london : in the year . attributed by wing to roger l'estrange. copy has print show-through. reproduction of the original in the lambeth palace library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion the history of the plot anatomised : or the late sham fanatical-plot , briefly and plainly laid open . wherein , those worthy patriots who were charged therewith , are vindicated from the malicious and false aspersions cast upon them by a late author . in a letter to a friend . psalm . , . shall the throne of iniquity have fellowship with thee , which frameth mischief by a law ? they gather themselves together against the soul of the righteous ; and condemn the innocent blood. london , printed for m.r. in the year . sir , having been several times importun'd , to give you my sentiments as to the late presbyterian plot ( as it was called ) against his late majesty , and the then d. of yorks lives , tho' i am sensible of my inability for so important a work , not only as it is an undertaking vastly transcending my talents , but also as being wholly unacquainted with any of the persons accused thereof : yet lest i should seem morose , i shall endeavour as briefly as may be , to communicate to you , what i could collect , after a diligent perusal of the ( pretended ) true account of the late horrid conspiracy , and other papers that have been published about it , and what information i could procure otherwise from persons who were more or less acquainted with some of those that were charged therewith . who the author of that true account is , i never made it my business to enquire , nor was i in this kingdom for two years after publication thereof , only if the old proverb hold true , ex ungue leonem , i am ready to believe that this gentleman may possibly have been one of those who were so instrumental in carrying on arbitrary and despotick power , and introducing popery and slavery . but seeing i design to give it you in as few words as possible , i shall forbear unnecessary digressions , only seeing the author seems to look back a little upon the ingratitude of that party , in exposing his late majesties most just and merciful government , unto contempt , &c. i judge it may not be unnecessary to reflect upon some of the most remarkable passages since his late majesties restauration . and the first place let any one consider how much of his justice was extended to them in punctually performing the treaty at breda , or of his mercy , either in this or the neighbouring kingdom ; witness those severe acts that were passed here against them without the least remorse , upon a pretended , and which was afterwards prov'd a sham-plot , as appear'd by the relation of it published several years ago , wherein the publisher of it was so particular as to mention the names of several substantial persons about this city of undoubted credit , with the places of their abode , who would avouch the truth thereof ) whereas when the bill for uniting of protestants , and the ease of protestant dissenters had past both houses , it was put by that it might not pass into an act ; which if it had , would both have prevented what designs they might afterwards have on foot , either for their own security in particular , or of preserving their liberty , and the protestant religion in general , and that inevitable danger the whole protestant interest , not only in these three kingdoms , but even all europe over was exposed to , had not god miraculously inspired that renowned prince ( whose noble progenitors have been signally honoured by god to be instruments of bringing back the captivity of his sion , and delivering them from the insupportable burthens laid upon their backs by idolatrous , and beyond all comparison , inhumanely barbarous and merciless papists : ) i say , had it not pleased god to eat up as it were that religious prince with the zeal of his house to that height , that he resolved to hazard not only his estate , but even his life it self , rather than not appear for the defence of the protestant religion at such a juncture when popery was coming in like a flood to overflow our land , and to crown him with success suitable to so pious and noble an enterprize . this in short may satisfie the world how great sharers the dissenters in this kingdom were either of his justice or mercy . as for those of the neighbouring kingdom , 't would swell a book to a volume , to recount the many oppressions they groaned under , even before they could be charged with any rebellion , save that in the reign of king charles the first , wherein the generality of both nations were concerned : and i may truly say , that the ground of that association of the nobility and gentry , of that kingdom , and taking up arms against their soveraign , was the imposing of the service-book without having the concurrence of the parliament thereto , with some other oppressions of the like nature . it 's well known that several persons were executed in scotland after the late king's restauration , who could not have been charged with any crime more than what the generality of the people there , might have been accused of , meerly upon the account of being presbyterians . and how severely those in galloway , and places adjacent , were opprest , having souldiers quartered upon them , to whom they were not only obliged to give free quarters , but likewise six pence a day to each souldier ; all which they patiently lay under so long as they had wherewith to pacifie that barbarous crew ; but at last , all being eat up , their long continued oppression , which according to that of solomon , maketh even the wise man mad ; upon an accidental engagement upon their own defence with some of the souldiers , wherein some few of them were killed , the country people fearing they should be severely punished , although they had only defended themselves against the outrage of the souldiers , got to a body , and took up arms in the year . for their own defence ; after which time , not only the persons who were actually concerned , who were but a very small number in comparison of the rest , but the whole body of the presbyterians there were branded with the names of rebels and enemies to the government ; and what treatment many of them have had since that time , was little inferiour to that the french protestants had from the dragoons . these things i only thought fit to mention in general , to shew that even before they had appeared in arms , the mercy that was extended to them was not such as some men would make the world believe . but to proceed . he tells you in the first place how his majesty , when he had suffered such abuses , and personal affronts from those seditious persons , yet could have no redress here while by their packing the juries , as in colledge's case , &c. but was forced to remove that infamous person into another county . how conformable that was to the laws of the land , i will not determine ; however this i may say , that whatever that person might be guilty of , it may be shrewdly suspected , that several of his evidence were no honester men than those who are so meerly by profession . another instance he gives is the earl of shaftesbury , who whatever this gentleman may say in general of his notorious crimes for which he was discarded , yet he does not , and without doubt could not , lay any thing in particular to his charge , during his discharge of that office , and some of his greatest enemies have acknowledged him to have acquitted himself as well as any that ever was in that station , he having till that time behaved himself with the height of loyalty , even in the acception of those who under that sacred name palliated their arbitrary designs : nor can he much stain his memory by any thing that he charges him with , when acquitted by the ignoramus jury , especially if we consider what captain wilkinson declared as to his having been tampered with , and that with such temptations as might in all probability have prevailed upon those who were not a great deal above the common size of honesty , and that the persons that came to him among other things after such large proffers as they made him , told him , that though they had several witnesses , yet they were such fellows , ( as honest men , as our gentleman terms them ) that no body would believe ; and that it could enter into the mind of no rational man , that the earl of shaftesbury , if either his quality or wisdom were considered , would admit such persons into his company , much less joyn counsels with them ; but that such a man as the captain was , both in regard of the reputation he had in the world for honesty , and of his having been known to have been frequently admitted into the said earls presence , about his concerns in carolina , would be easily believed ; and so could they have then perverted this honest gentleman , they might have taken off this ( for ought i could ever yet hear then innocent ) nobleman , meerly because he was so indefatigably industrious in unravelling that hellish popish conspiracy that had been a hatching for the overthrowing the protestant religion in these kingdoms ; nay , his late majesty himself was pleased to say to the captain in council ( when he was sent for before them upon his emitting this narrative ) that if he would really say upon his honest word that what he had published therein was true , he would believe him , which he did : yet the accusers of that nobleman , to salve their credit , were pleased to indict him of high treason , but we never yet heard that they called him to answer to the indictment . and besides , it cannot but be fresh in the memories of a great many , that the very same honest men the witnesses , a little before the tryal , were drinking in a tavern without or near temple-bar , and in their cups quarrelled with one another , and saluted one another with the names of perjured rogue , you had — pounds for swearing against colledge , &c. the man of the house , and some that were with him having over heard them , had them before a justice , but the justice either out of fear , or some other sinister motive dismissed them . now let our author brand that jury with what ignominious names he pleases , i appeal to all the world , whether , these particulars considered , that ignoramus ▪ jury , as it was then ignominiously called , could according to conscience proceed otherwise than they did . and besides , my lord howard himself , who was afterwards one of the evidences , in all his depositions mentions nothing of this , who undoubtedly had the earl of shaftesbury been projecting any such design at that time , would have had it readilier communicated to him , than any irish evidence , and was a person that could have contributed much more assistance . so that i humbly conceive our author might have done himself and the party he espoused much more service had he omitted this relation ; for every reasonable man must needs conclude this to have been a meer sham ; and if our author commits such a grand escape as this in the beginning of his history , he may run the risque of forfeiting the credit of the whole . but i perceive that he has been carried out with such a precipitant zeal in vindicating my lord mayor's absolute prerogative in chusing sheriffs , and the taking away the city charter , that he has a little forgot himself , and so verified the old proverb , canis festinans coecos parit catulos . but seeing our author glories so much in this piece of justice , that now things were returned into their right channel ; i think , seeing we may say so now from a much better ground , that as the arbitrary proceedings of several malicious men are now like to be called in question ; it would not be amiss if sir john moore , who introduced those sheriffs contrary to the vote and election of the livery , be made give an account of his then proceedings ; and that if he can prove that as he was mayor he had such a power inherent in him , then he shall satisfie the world that he has done nothing but what became a good patriot , tho' i will not say but he might have made choice of better persons : and if he has usurped that power at the instigation of the court , that then the said sir john moore is as liable to punishment , if not more , than any person now in custody , he having taken down the hedge of our security , and made the first breach for tyranny and arbitrary power , for besides the introducing such sheriffs as furnisht us with such juries as were wholly at the devotion of the court , whereby originally , the guilt of all innocent persons that were executed since that time is to be laid to his door , so likewise the same action of his made way for the turning out old aldermen , taking away of the city charter , upon which ensued the taking away of all other charters throughout the kingdom , which has proved of so fatal consequence to us since . he next proceeds to set forth the indirect ways used by the factious party in scotland , of whom he says the earl of argile , and president of the session were the heads , against whom he vomits up his gall for wording of the test , and adding thereto the very same clauses that have since given any colour of scruple to themselves . but pray what were those clauses ? i doubt the author was afraid to name them , lest he should have discovered himself of what kidney he was . however for satisfaction to the world i shall here set them down ; the said earl of argile and president of the session being two of the lords of the articles , whose business it is to draw up all bills that are to be presented to the parliament in order to be passed into acts , upon mentioning of the bill made no opposition against it , only the said noble patriots said , that as it was very necessary to preserve the succession in the right line , so it was no less requisite that at the same time a clause should be inserted in it for the maintaining of the protestant religion ; which motion , tho' it galled some then at helm there , as being a great obstruction in their way , yet could not be refused , lest there designs should appear above-board , and then it would have been wholly rejected . and this action of the said earls brought down that wrath upon his head which was afterwards the cause of all his troubles and misfortunes . for a little afterwards he was impeached of high treason , and illegally condemned , as all the most eminent lawyers in that place gave it under their hand ; which paper the said earl had with him at the time of his escape , otherwise could those in power then have found it , they had been served with the same sawce . as for the jury that condemned him , tho' our author affirms them to have been most of his own relations , yet it is well known that the marquess of montrose ( who was foreman of the jury ) tho' his cousin , yet always bore a great hatred to him , there having been for above these hundred years an irreconcileable hatred betwixt these two families , nor was there any of the jury that were well affected to him . and for the other nobleman , he being warned of his danger by the earls treatment , thought it requisite for him to withdraw himself , that he might not likewise become a sacrifice to the rage of his inveterate enemies , and went into holland , where he staid till of late ; in all which time he acquitted himself so well , that malice it self could not charge him with any seditious practices . it is no less false , that his life was not intended to be taken away ; for it is well known that the gentleman who was sent up in order to procure his pardon , found it utterly impossible to be obtained , and therefore dispatcht an express to his friends , wherein he acquainted them , that unless he could make his escape out of the castle of edinburgh , where he was then prisoner , he would certainly be executed in a few days ; this express arrived but four hours before the post , and when the post was come , which among other things had the warrant for his execution , the captain of the said castle being not to be found for an hour or two after , the earl in the mean while made his escape . when the captain came home , which was about nine or ten a clock at night , he sent to the earl of argile's apartment to shew that he must speak with his lordship , they having been privy to his escape , answered , that he was not well , and was then asleep ; notwithstanding he came into his chamber , in order to acquaint him with the day of his execution , and after search found no man there but his page lying on his bed. but , to proceed to this plot , as it was pretended to be managed here , the designs were said to be to assassinate the king , particularly at the rye-house , as he was coming from new-market , and to raise a rebellion . and these bloody designs were said to have been carried on by two different clubs , to wit , one of several commoners , and the other of a council of six , whereof most were noble-men . i shall first make a little scrutiny into the former ; viz. that wherein keeling , west , &c. were concerned . and about the pretended discovery of this plot ( or rather trapan ) for to gain the further credit to it , a great noise was made about the fire that a little before was in new-market , which , said they , had it not happened , his majesty and the duke had undoubtedly been cut off ; viz. if his majesty had not by reason of that fire been forced to come unexpectedly to london , and that a fortnight before the time he used to part thence at ; and it is well known how many pulpits resounded with this . and as , after the best observation i could make of all the passages that i heard of , i always was , so i still am of opinion , that that fire was set on purpose by some of the popish party to gain credit to this plot. for , had not this fire consumed some of the king's apartments , he would have staid his usual time at new-market , and then having incurred no danger by the way , this plot would have lost all its nerves and sinews ; for then few would have believed they had any such design ; seeing if they had , they would not have neglected such an opportunity as that . nor were the preparations suitable to such an undertaking made ; and tho' there were some very foolish persons among them , yet 't is well known that mr. ferguson and some others were of greater policy than to undertake such a dangerous enterprize , and not have all things suitable for it prepared before-hand , and rather than sailed of it , would have waited thereabouts a fortnight before , if not had some likewise at new-market to give them certain notice of the day ; but instead of that , no preparations at all ; but west , as he said , had bought forty stand of arms , for which he said he had the money at last from mr. ferguson ; tho' it 's more probable , as will appear afterwards , that west might have this money some other way , may be from some of the popish faction , to the end that those arms being seized , might prove a confirmation to their depositions , which so much stood in need of it . nor are their depositions restricted to this only , at the rye-house , for they say that they would do it there , or at the play-house , or as he went to windsor , or at whitehall , &c. a plain demonstration that they had not fixed upon that particular place ; and that being the place in all probability they could have most easily effected that design in , consequently they had not agreed upon any such design . in the next place , this may be confirmed by the concurring testimony of all the persons that were executed , who denied their ever having given any consent to any such design , as to assassinate the king , ( hone only excepted , who talked more like a mad-man than any thing else , he having declared that he was for killing the king , and saving the duke , and when both the judges , and that gentleman d.c. since bp. of c — ( who has lately been obliged to run his country ) wondring thereat , askt him why he was for killing the king , and saving the duke , he at last replyed , that he was a poor ignorant man. he likewise declared that he was brought in by keeling , who , he said , was more guilty than any of them . so that what this hone said signified not much as to the rest , for he having been a person of so mean parts , might be easily brought to say any thing monsieurs the witnesses pleased . captain walcot at the place of his execution , tho' he died with all the signs of one that had a suitable impression of another world upon him , and so would no doubt have cleared his conscience by confession of so foul a crime , and begging pardon for it , had he been guilty of it , yet utterly denies his having ever consented to such an horrid design ; besides that the said captain is said by coll. rumsey to have been a long time at least against it . and the said captain likewise declared that 't was col. rumsey that first introduced him into those meetings , where , such dangerous things were discoursed of ; and that he , and west , and keeling , were the forwardest to talk of such things . mr. rouse likewise utterly denies his having ever assented to any such design ; and besides , that the words which were spoke by the witnesses in their hearing were made use of as evidence against them . and mr. holloway who was taken at nevis , in his answer to the many questions proposed to him by sheriff daniel , particularly as to this design of assassinating the king and duke , confirms the same : for he utterly denied that any such thing was agreed upon ; nay on the contrary , that there were but very few for it , to use his own words , not above four or five , of whom rumsey , west and keeling were three , and that the rest looking upon it as a design which so small a number could not accomplish without their aid and assistance , took no further notice of it . and being askt in particular if captain walcot , rouse , and ferguson were for that design of cutting off the king , he answered in the negative . and it is worth the while to take notice how severe a check this sheriff had at court , for his proposing so many questions to this prisoner , which plainly shews that some there were afraid lest their tricks should appear to the world ; and the truth is , by the sincerity of this person a great deal of the odium of this plot was removed , the most hainous part of it then seeming in in all probability to have been a contrivance of their adversaries . and mr. rumbold himself , who is said by them to have been one of the deepest in this conspiracy , at his execution in scotland utterly denied his in the least consenting to any such barbarous design . and mr. nelthrope , at his execution in the west of england in the year . protested that it was a thing highly against his judgment , and which he always detested , and that he never was in the least concerned in it , neither in purse nor person , nor ever knew of any arms bought for that intention , nor did believe there was any such design , or that he ever heard of any disappointment in such an affair , or arms , or time , or place , save what after the general design , mr. west spoke of as to arms bought by him . to conclude , zachary bourne , who was likewise one of the evidence , and who had the plot communicated to him by ferguson , in whose house he lodged never mentions mr. ferguson's speaking any thing to him of that assassination , tho' he says that one roe spoke to him of it , and west . by all which it plainly appears that there was no design of assassinating the king and duke ; but that this horrid project of taking off the king , was at first proposed by the witnesses , on purpose to ensnare others , and that the same , tho' some few were brought over , was absolutely upon proposal rejected by most of them , and those who did reject it , being three times the number of the others , knew that they could not effect it by themselves , and so took no further notice of it . i say , it plainly appears to have been so , if we consider , under what suitable apprehensions of eternity all those that were executed , went off this world. and that they were so ingenuous as to confess there had been some design on foot , which , how honest soever it might have been , yet seeing it would be interpreted an association against the government , could not excuse them , as matters then went , from being made examples of justice . and it is well known that the principles of the protestant religion do not allow any man to go out of this world with a lye in his mouth , tho' those of the romish ( if i may so call it ) church do . and i cannot but wonder when i reflect how a great many protestants should have been so lavish in their charity to papists , as to conclude , because they all went off the world , denying the crimes for which they were justly condemned , ( especially when they know what injunctions are laid upon them by their priests ; viz. that they may confess nothing that may prejudice mother-church under pain of damnation ) that they were innocent of the crimes they were accused of , and yet have so little to spare to those of their own faith , who yet they know cannot die with any comfort , or hopes of pardon , except they make a frank confession of the crimes they are guilty of , much less if they persist in an obstinate denyal thereof . but it is well known that the papists not only went off the world with a lye in their mouths as to their being guilty of the horrid crimes they were condemned for , but likewise as to their having ever before their tryal been with any of the witnesses that appeared against them , when yet 't was well known that they had been very familiar with them . to mention only one of them , the late lord stafford in his last paper declared with great asseverations that he had never seen stephen dugdale before his tryal , whereas a little after his execution , it was proved by the depositions of above fifteen witnesses , who all lived by his countrey house , that the said stephen dugdale was often familiarly entertained by the said lord stafford , and that he has left the company of several considerable gentlemen to discourse with the said dugdale , and that they had been observed discoursing several times above an hour together ; which may fully inform us what credit is to be given to any of that persuasion , as to any thing relating to the advancement of mother churches interest . i shall now proceed to the plot said to be managed by that council of six ; viz. the duke of monmouth , the earl of essex , the lord russel , the lord howard , collonel algernon sidney , and mr. john hambden , junior . where we shall briefly take notice of what is most remarkable in the tryals of those of them who were arraigned , and what is observable as to others who were not . i shall begin with my lord russel's tryal , and first in the evidence of colonel rumsey , i find this seeming contradiction ; viz. that he being sent by the earl of shaftesbury to the said lord then at mr. sheppard's with the duke of monmouth , lord gray , sir thomas armstrong , and mr. ferguson , to know if the rising in taunton went on , and that they , or some of them returned answer that it did not go on , and that yet they afterwards had a discourse about viewing the guards , in order to seize them , when notwithstanding he says afterward that they were only to seize the guards , when the rising went on . besides , it is more than probable that the duke of monmouth , or sir thomas armstrong knew well enough before what posture the guards were in , and how to surprize them , without all that debate which he says was held there . and this is all the evidence this souldier of fortune gives in , which yet might have been done without any design against the kings person . another thing is in mr. sheppard's evidence , who was at the same time at that meeting in his own house , who , besides his saying in one place that my lord russel was at two meetings in his house , and afterwards acknowledging that he could not be positive whether or not , was of so unfaithful a memory , as to forget a remarkable passage which he had discovered before , to wit , that of ferguson's reading a declaration , which he said nothing of till sir george jefferies askt him about that declaration , and then he returns , yes now i recollect my self , i remember one paper was read . now he could not have known that , if he had not heard it of sheppard before , for rumsey declared he was not there when it was read , tho' sheppard seemed to be as positive in that , that he was present then , till the other contradicted him , as he was in what he gave in against my lord russel . now i say the loyal scimus jury-men might have taken notice that the evidence of a person so forgetful as sheppard seemed to be , in forgetting so material a passage which he had given in evidence but two or three days before , should not have been accounted of so great weight in case of a noblemans life , as they reckoned it . the next evidence was my lord howard , who to prepossess the jury with a belief of this plot , begins with such a base insinuation , that i think had any of the jury had the least common either honesty or discretion , they would have suspected the evidence of this lord ; for he first begins so low , that they could not hear what he said , which did more argue a guilty conscience than any thing else , and when he was desired by my lord chief justice to raise his voice , he pretended that the news of my lord essex's fatal end had sunk his voice ; whereas all that are acquainted with his lordship , know very well that he was not of that temper ; only this was said , to insinuate , as was afterwards sufficiently buzz'd about , that the earl of essex to escape the hand of justice had cut his throat , that the jury might have a deeper impression upon them of the reality of this plot. as to the deplorable murder of this nobleman , i need not say any thing of it here , there having been lately some informations published relating to that noble lord's murder , of that weight , that few honest men now doubt of the said earls having been assassinated and murdered by barbarous russians ; and i doubt not but in a little time those bloody cannibals , the horrid actors thereof , shall be brought to condign punishment . only this i may say , that this was made use of to persuade the jury of my lord russel's guilt , that one who was engaged in the same plot , out of a sense of such unpardonable guilt , that he who had received such singular marks of his majesty's grace and favour should be so inhumane as to embark in such a horrid design against his life , to evite that disgrace that must needs attend him here , had laid violent hands on himself : and this very thing had such influence on the jury that they brought in my lord russel guilty ; some of them having since declared that had it not been for this they had found him not guilty . but when men are forced to have recourse to such unheard-of villanies to carry on their wicked and malicious designs , it is easie to imagine what shall be the fate of those persons they have a pique at . and this barbarous murder of the earl of essex in order to gain credit to their plot , and to be an additional , if not main evidence against my lord russel , is sufficient with all thinking men to invalidate this plot. for they that imployed those russians knew well enough that if any could expect a pardon that earl might , and that besides , his majesty having such a respect for him , and so firm a persuasion of his honesty , and consequently , that he would not be engaged in any such design against his life , might have doubted of the reality of this plot , which indeed he did at first ( as our author well observes ) having sufficiently known what counter-plots had been hatched before , and proved abortive , and therefore to gain credit to it , they found themselves obliged to have redress to such unchristian means ; and the success did not deceive them , for after his having been given out by the inquest for felo de se , his late majesty did really believe it . the next thing remarkable in my lord howard's evidence is , that he says in his hear-say evidence , that the duke of monmouth told him , that my lord russel was with shaftesbury , being conveyed to him by rumsey ; who undoubtedly , had he conveyed him to my lord shaftesbury , would have been admitted with him , he being , as he pretended , so much in the said earls councils , and so might have given some account in his evidence either of what past between them , or at least , that he conveyed the said lord to my lord shaftesbury , which he does not in the least make mention of . but my lord howard might say what he pleased , there being no body to contradict him , as to this . another thing remarkable , is , that upon the attorney generals asking my lord howard in these words ; did he sit there as a cypher , what did my lord say ? the said lord howard answered him in these ; every one knows my lord russel is a person of great judgment , and not very lavish in discourse . and upon sir george jefferies returning ; but did he consent ? my lord howard answered ; we did not put it to the vote , but it went without contradiction , and i took it , that all there gave their consent . lord russel's tryal , pag. . so that here was no positive evidence that my lord russel gave his consent , but only that my lord took it so ; so that all that was sworn here against my lord russel was , that he was present when such discourse was talkt , and because he did not say any thing , therefore my lord howard believed he consented to it . so that had those gentlemen of the jury had the least grain either of conscience or common sense , they would not have brought in this nobleman of high treason upon such evidence as this , seeing ( as the said lord says in his last speech ) this could be termed no more than misprision . besides , the said lord howard declares , that there was no way condescended upon for raising of money , which yet must be the first step to levying war , the main point of his indictment that what evidence was given concerned . and to conclude , what i could observe from this tryal , the evidence that came in for this noble lord were sufficient to have invalidated that of my lord howard against him , for they declared that the said lord h. in their hearing , with hands lifted up to heaven , and with great asseverations protested that he knew nothing against my lord russel . now i appeal to all the world ( how strongly soever the court carried it otherwise ) whether a man that dare solemnly appeal to god as to any mans innocence , if he afterwards swear against him , be not formally perjured . for pray what is it that constitutes perjury ? not the presence of the judge i hope , for if a judge meerly asks a man a question , and he answer with a lye , no man can call him perjured ; but his adjuring him by god and all that is sacred . now that a man can do this to himself , is evident from the holy scripture , and has been ever acknowledged by all casuists , that whosoever privately takes gods name to a falshhood , is equally guilty of perjury as if he did it before a judge . nor were any of the kings council able to answer this objection ; for all that they say about it in summing up the evidence , is my lords not revealing himself to them ; whereas here was more than a not granting of it , which he might easily have done as effectually , and much more safely by waving it , and saying , how should he know ? or what did it concern him ? or some such expressions , by which he might have been sufficiently secured from their informing against him ; and not had recourse to such an expression as this , as i shall answer to god , i know nothing against him . and thus much as to the tryal of this noble lord. by which the reader may sufficiently see what an honest jury he had , who without any valid evidence could contrary both to the law of god and man condemn this innocent nobleman . it may not be amiss in the next place to hint at some particulars in colonel sidney's tryal , whose jury though not the same men , yet were of the same loyal consciences ; the crimes laid to his charge were levying of war , and conspiring the death of the king , and writing a treasonable book . now it could not be said that those were two overt acts in the same treason , for he might have writ that book , and yet not conspire against the life of the king ; and besides , 't is more than probable that book was writ long before there were any such designs or discourses on foot , and therefore both particulars ought to have been proved by two witnesses ; whereas for the former , though to prepossess the jury there were two or three hear-say evidence , yet my lord howard's evidence only was positive ; and though there was evidence enough to have invalidate his , yet the court was pleased not only not to take any notice of it , but even to discourage and check them ; there were besides those who appeared at my lord russel's tryal several others brought , proving the above said asseverations , one of l. h's intimate friends declaring , that if he had been upon his oath before the king he could not have more firmly believed him . the same witness said that the reproof he had at my lord russel's tryal had made him forget some particulars ( which shews what ingenuity was in the gentlemen of the court when any person was before them they had a mind to bring in guilty . ) and when the same gentleman in the conclusion said according to his conscience , that if he were of that gentleman's jury he would not believe him , mr. attorney was pleased to say , that he ought to be bound to good behaviour for it . mr. blake , another witness for colonel sidney deposed , that when he asked my lord howard six weeks before his tryal why he had not his pardon , his lordship replyed , i can ascribe it to no other reason ; but i must not have my pardon till the drudgery of swearing is over . one would think the jury might have considered that a man under so strong a temptation as swearing for life is , might be easily induced to stretch things to the utmost , if not to go beyond the truth ; and therefore should not have laid so much stress upon his evidence . then trace and penwick declared that my lord howard protested before god , colonel sidney knew nothing of it ; and the former declared , that he likewise said colonel sidney's goods might be sent to his house . and the latter , that he desired to have his plate , and promised to secure it for him . as for the other part of his indictment , the book which was found in his closet ( though the same book now would not be accounted so heretical , especially if it were not cull'd out in pieces here and there , but read as continued with the rest of the matter of the book , that then so much preacht up loyalty , which was nothing else but a praeludium to popery and slavery , whereof we have had sufficient experience since , being abated several degrees , reason having got some more ascendant over it ) all the proof of this was , that some gentlemen deposed , that they believed it was his hand , which is no full evidence in law ( as has been admitted in other cases . ) but besides , one mr. wharton declared , that it was so easie a hand , that if he had but any of those sheets of paper for a small time , he would undertake to imitate it so as they should not know which is which . but this was taken no notice of . but this labour of calling in witnesses might have been well spared : for it might have easily been foreseen that those who had confirmed the belief of their plot by the treacherous and ( that wants a due name to express the heinousness of it ) assassination of one nobleman , and made that a means to take off another by such law as was dispensed then , would not let it suffer in its reputation by his being cleared , though they had had no other than hear-say evidence . and had an angel been sent from heaven to give in evidence for him , they would have observed the same advice which st. paul gave as to new doctrines , viz. not received it . and well they might , for there was never a plot of such advantage to them as this was , which took off those who were for stripping them of their diana madam arbitrary . as to sir thomas armstrong , none will deny but he had very hard measure dealt him ; for when he pleaded the statute of edward th . which allows that before sentence be pronounced upon an outlawry , a year must expire , yet though the year was not expired , he was condemned upon it . nor was it to the purpose what the then chief justice answered , to wit , that he had not delivered himself up ; for he ought to have had the full time allowed him that was mentioned in that statute , before execution should be awarded . and when sir thomas desired the benefit of the law , he after a domineering manner insulted over this gentleman in his misery , ordering him to be executed on friday next according to law ; whereas i suppose there 's no gentleman in england deserves to have the full benefit of the law in his own sense more than his lordship . the last of the persons executed for this plot , was mr. sheriff cornish , of whose tryal i need not say any thing , seeing the whole nation is sufficiently sensible of the hard measure he was served with ; who making more solemn application to god for vindication of his innocency , has brought down the vengeance of god upon some of the jury already , there being three our four of them who have died sudden and unnatural deaths , the last of whom is very remarkable ; ( viz. the vintner on fish-street-hill , the same person who in the beginning of the last summer ( by his stingy covetous humour ) occasioned the death of that worthy gentleman sir charles pynn ) who having been present at the late dreadful fire in thames-street , was , at the blowing up of a house , killed by a piece of timber , by carpenters called the cornish . it may not be amiss here to insert a passage of sheriff cornish and his son , with my l. howard ; the latter of whom encountred with my lord at guild-hall about the time the heat was in chusing sheriffs , and going into a tavern with his lordship , he endeavoured to inflame this gentleman against the government , with all the specious pretexts he could , telling him the citizens were asses ; that it was in their own power to redress themselves , if they would ; but the gentleman replied , that it was their business to mind their own private affairs and trade , and not to meddle with matters of government ; he being wary , and not so easily to be brought in as might be supposed . the gentleman going home , gave account of it to his father , who forbid his son the said lord's company . the other , of the sheriff himself was thus ; my lord howard a little after dined at sheriff cornish's house ; and after dinner my lord desired to speak with him in private , but mr. sheriff cornish refused , telling his lordship , if he had any thing to say that was lawful , he might freely speak in presence of the company ; if any thing that was unlawful , he would not hear it ; nor would he go into a room with him , lesthis own friends might think that they had some business betwixt them that might not be talkt of before company ; so that the said lord had at that time no private discourse with him ; and suspecting him more , he gave a watch word to his brethren the aldermen that were for the preserving the privileges of the city , and were therefore hated at court , to have a care of coming into my lord howard's company , for that he was sure he had a design of ensnaring some people . so that had it not been for mr. cornish , it 's like we should have had some of the aldermen brought in as actors in this plot. as to what our author says as to the duke of monmouth's being privy to the pretended assassination of the king ; herein he basely asperses him ; for there is no positive evidence for this in his whole history . for col. rumsey in his further information , page . of the copies of informations , says , that when it was asked by some present , whether the duke of monmouth would not revenge his fathers death , that ferguson undertook to have it under the duke's hand against the next meeting , and that when they met again , he told them there was no saying any such thing to the duke : a plain evidence that the duke knew nothing of that design . and whereas my lord howard in his supplement to his former information , page . of the informations ( by the title you may observe that , as the gentleman declared at mr sidney's tryal , this was part of his drudgery-work ) has these words ; about the th or th of october , after a stop put to the then intended insurrection , the duke of monmouth told me , that he had seriously thought of it , meaning the insurrection , and that after diverse ways proposed and seriously considered of , he was clearly of opinion that there was nothing so easie to be accomplished , nor so probable to do the work so effectually , as to fall in upon the king about new-market [ observe , not the rye-house ] with a smart party of horse , about forty or fifty , which he said he could soon have in a readiness . to which i answered , that i was of the same opinion , but whether or not it would be decent for him to appear in person in an attack to be made when the king was in person , deserved his consideration . two days after i spoke to him of it again , and askt him what thoughts he had of it ; he answered me , that it could not be brought about soon enough . in his deposition at my lord russel's tryal , page he has these words ; and this had carried it to the latter end of october . about the th or th captain walcot came to me and told me , now they were resolved positively to rise , and did believe that a smart party would meet with some great men. thereupon i told the duke of it ; i met him in the street , and went out of my coach into his , and told him , that there was some dark intimation , as if there might be some attempt upon the king's person ; with that he struck his breast with a great emotion of spirit , and said , god so , kill the king ! i will never suffer that . then he went to the play-house to find sir thomas armstrong , and sent him up and down the city to put it off , as they did formerly ; and it was done with that success , that we were all quieted in our minds that at that time nothing could be done . now i desire the reader to judge how these two depositions can be reconciled together : and yet betwixt the one passage and the other , according to his deposition , but four or five days intervene . i do not know if any things so contradictory are to be found in dr. oats's depositions , for which he has been enjoyned four years severe penance . these are all the depositions i could meet with that relate as to the duke of monmouth's being privy to the assassination of his majesty ; and the former , to wit , that of coll. rumsey , seems to acquit him from being privy thereto . and as for my lord howard's , the one accuses him as guilty of it , and the other plainly acquits him . so that had the author of that history been at the pains to peruse my lord russel's tryal , he would have had so much respect either to his own , or the credit of his history , as to have left out this passage in my lord howard's supplement . as to the depositions taken in scotland , i cannot think any of them valid in law , nor will any reasonable man , when he considers what tortures two of them were put to there , which were nothing inferior to those of the spanish inquisition , viz. mr. carstairs and mr. spence ; the latter of whom had first his leg put into the boot ( an instrument there never much in use till of late , wherein they put in their leg , and drive in wedges till the bone is bruised ) afterwards his two thumbs were put in an instrument they call tomikins , wherewith they squeezed them till the bones were likewise bruised ; which any body may know must needs cause exquisite pains , and then he was kept ten or eleven days without sleep , there having constantly been by him day and night two sentinels with iron pricks to keep him from sleeping , who , when-ever he began to slumber job'd him with those iron pricks . now a gentleman tortured in this manner you may be sure , though he endured so long a time that he extracted admiration even from his enemies , though their cruel hearts harboured no such guests as pity and compassion , yet he could not long subsist , and therefore was necessitated to condescend to their demands : mr. carstairs though he was exempted from the boot , as may be , supposing him none of the best of horsemen , yet his thumbs severely paid of it , they having squeezed them thirteen or fourteen times ; the pain whereof did so torture him , that , as is reported his shrieks might have been heard a quarter of a mile off , and when he was wearied out with their cruelty , he promised to confess to them what he knew , provided they would not make use of it against any man , which they did ; and yet they made use of it against mr. bailie of jerviswood : and they not only broke their promise to him , but also left out and put in sentences and words , ( may be to make it better sense , that our author might have the less trouble in composing his history ) which mightily altered the sense of his deposition , and taught them to speak more of a plot than ever he did himself . and the said mr. carstares , after having acquainted his friends , as i have heard it of several of their own mouths ( knowing that having been so ingenuous as to tell his friends how he had been abused in this particular , he might have been brought before my lord's inquisitors , to have been examined again ) quickly withdrew himself from that kingdom . now as to the rest of the evidence there , you may easily be persuaded , that they , seeing what treatment those two had , would take what care they could to save themselves from the like ; and so what pain might extort from the former , fear might do the same from them . and if served in their evidence as mr. carstare's was , they durst not say any thing against it , as remaining still there , and so further questionable for it . by what has been above said , it plainly appears that there was no design of taking off the king concluded upon in either of their meetings , but that it was first mentioned in discourse by the evidence , as the most compendious way to free themselves and the nation from the fears they at that time were possessed with ; but that very few of the rest ever assented to so barbarous a design , but expressed their greatest detestation of it ; nor can they be blamed so much for not discovering of it , especially seeing they knew it could not be accomplished without their aid . nor is it probable that either my lord russel , or any of their club , had it ever directly communicated to them , whatever my lord howard would suggest to the contrary , in the words immediately following those last mentioned in my lord russel's tryal ; viz. that upon the day that the king came from new-market they dined together , the duke of monmouth , and the lord gray , with others being there , that a notion was conveyed among them ( by whom he does not mention , and therefore 't is most probable 't was done by himself ) that some bold action should be done that day , which , says he , comparing it with the king 's coming , they concluded it was designed upon the king , and that my lord gray affirmed with an oath , that if they attempted any such thing it could not fail . that they were in great anxiety of mind till they heard the king's coach was come to town , and that sir tho. armstrong not being there , he was supposed to be one of the party . now why such a notion should be conveyed among them at that time , i cannot understand ; ( especially when it was false , there having been no preparation made thereto , except it was conveyed to ensnare them ) and that by his lordship himself ; and i am apt to think , that , to use his own words in his supplement , this might be the first time it was mentioned , and that when his lordship could not have such entertainment for it amongst those lords as he wished , he committed it to his brethren the evidences , to have the notion conveyed by them to the others , who he thought would entertain it more favourably . one thing the reader may take notice of , that his lordships words in the relation of it , are very ambiguous , and may be taken in several senses , particularly these words , we were in great anxiety of mind , till we heard the king's coach was come in , &c. but i shall not further trouble the reader with it , not doubting but that every honest english man is by this time satisfied of the innocency of all the gentlemen that suffered , as to the pretended design of taking off the late king. as to the other part of the accusation ; viz. levying war , with design to alter the government ; if every thing be duly weighed , we shall find this nothing near as it was represented to be , tho' there is not the least doubt but they have had some consultations among them as to the securing their religion and properties , in a time when there were such apparent dangers hanging over their heads , and that in those meetings many things might be proposed pro and con . but that noble-men of that integrity and religion , as the earl of essex , and my lord russel were , should be concerned in any design to overturn the government , no man that was ever intimate with them will believe . it is too plain now that those whom it most concerned to support the government and established religion , were the persons that made the greatest breaches therein , and that their illegal proceedings gave just ground of fear and suspicion of a design on foot by them to overturn the old establishment , and to introduce popery and slavery : for in the first place , the popish plot was endeavoured by all means to be stifled , and several attempts made to turn it upon protestants ; and tho' it pleased god several times to bring to light their hidden contrivances , yet were they still countenanced by authority ; and tho' there had been some of the branches lopt off , yet all persons that were not wholly blinded , might easily have seen that the body it self remained untouched , yea rather cherished . and it is well known how those that were most active against it were discountenanced . parliaments were dissolved and laid aside , as finding that it was impossible to support that cause , and carry on their designs so long as that great court fate . all underhand means were used to divide protestants among themselves , and to stir up feuds and animosities between them , which they so far prevailed in , that one party of them used their utmost endeavour to ruine another , never considering the common enemy that was hovering over their heads to devour both . manifest breaches were made upon their priviledges by endeavouring to set up such publick ministers as would be wholly at the interest of the court ; issuing out quo warranto's against cities and corporations , that they might become wholly in the power , and at the devotion of the court. and this once obtained 't was easie to imagine what treatment every honest protestant might expect . a party was employed , and others by their rewards allured , to cry up boundless monarchy , to assert its absolute power , and that if kings should act the greatest tyrannies , yea greater than ever yet were perpetrated in the world , even against the whole body of the people , yet it was their bounden duty to submit , and to hold out their throats if they had a mind to cut them ; yea , that it was one of the most damnable sins that could be committed , for people to use any means for their own preservation . and this , as it was a great temptation to princes , while they hoped by this means to carry on whatsoever designs they pleased , and made them assume the boldness to act things which otherwise they would never have hazarded upon , so it could not but be very terrifying to all those who had not quite shut their eyes . and this terror was encreased while they considered , that if it was so with them , even under one who was a profest protestant prince , what could they expect when one should rule over them who was wholly abandoned to the counsel of priests and jesuits ? i say , all these things considered , it is none of the greatest matter of admiration if those who had as lively an impression of the misery and unspeakable danger of being left to the mercy of the jesuits , as if they had been already sprawling under their feet , were roused up to act some things they had otherwise never thought of , much more be easily drawn into a snare by such as were set on to trapan them . so that what designs some of those honest noblemen and gentlemen had , and the great zeal they expressed towards their religion and liberties , ought not to have been requited with that ignominy and disgrace that their memories have been loaded with by too many of late years . we may easily imagine with our selves , that if it had pleased god to have punished us so far for our sins ( which undoubtedly have deserved greater judgments than were ever yet inflicted upon mortals ) as to have put a stop to our late glorious preservation , by blasting the designs of those whom he made use of as instruments for the final deliverance of his church from the tyrannies and idolatries of that scarlet whore , those noble lords and gentlemen who joyned in so good and pious designs , had been maligned and defamed in the same manner ; nay , and no doubt had been mete with the same measure they were ; and there would not have been wanting court-parasites who would have represented them as the basest miscreants . and yet i hope there is no sincere protestant , but does , and always did , from his first hearing of it , approve of so glorious an undertaking , and sent up his most ardent prayers to god almighty for his success on so just an enterprize , whatever some wicked wretches , who are a stain to humane nature , would have persuaded us to the contrary , that so having stript us of what god and the laws of our country had conferred upon us for our defence , they might have satiated their barbarous cruelty with our blood. and therefore seeing we have all the reason in the world to believe that the earl of essex , my lord russel , and some other honest patriots , had no design either against the late king's person or government , nor any sinister aim before them , but entred upon those counsels meerly for the good of the king and people in general , it would be the height of uncharitableness as well as ingratitude , to suffer our selves any more to be imposed upon so far , as to give heed to the undeserved aspersions , the writer of that history of the plot , or any other court historian hath cast upon them . but i hope there are some now here , who , both as being persons of known abilities , and likewise such as can give a more particular account , as having been privy to all of it themselves , will both do those lords the justice , and themselves the favour , as to vindicate their own innocency , and expose the falshoods of that history . before i conclude , i shall only reflect a little on the carriage of some hot-headed men of the church of england since the pretended discovery of this plot , who took occasion thence to inveigh afresh , with all the raileries that malice it self could invent , against protestant dissenters , representing them as the worst of men , worse than papists , yea even than heathens ; and by this means they did so far prevail upon the ignoranter sort of common people , that till this day many of them harbour most uncharitable sentiments of them ; so that 't is very usual for them to say , that they would rather be papists than presbyterians . which very expression is enough to render them odious to all good christians , and shews how little they have of that religion they profess ; while they thus malign persons who agree with them in all the substantials of religion , meerly because they cannot condescend to the use of some ceremonies , which all moderate men have acknowledged to be in themselves indifferent , and which may be used or omitted as the church shall see expedient , without any sin ; and yet have such a favourable opinion of the papists , tho' they are guilty of gross idolatry , and have so corrupted the christian religion , as in a great measure to render it useless for that great end for which it was instituted ? viz. the salvation of souls . nor did their malice rest in traducing of dissenters , but they vomited up their call against most of the churches abroad , particularly the church of holland and geneva , as maintaining those they call damnable common-wealth principles . they also cast dirt in the face of the most renowned reformers , such as calvin , beza , &c. and represented them as the worst of men , meerly because they had written against arbitrary ●and boundless power ; and it is not long since , at the instigation of those men , ( tho' to the great dissatisfaction of all honest men , and good patriots of the church of england ) some of their works were publickly burnt at oxford : whereby in effect they strengthned the hands of papists , and joyned with them in aspersing the memories of those whom god had made so instrumental in delivering a great part of europe f●om the tyrannies and idolatries of the church of rome ▪ and consequently in blemishing the reformation it self . yea it is too well known how they hated and maligned the learnedest and gravest of the clergy , & the body of the discreet & religious laity of our own church , ( who , blessed be god , were times their number ) and branded them with the opprobrious name of trimmer , who in effect have under god preserved these kingdoms from bloodshed and confusion , which must needs have ensued , had those hot-heads had the upper hand , so far as to have filled up the house of commons in parliament . and these were the men who were generally preferred at court , as being the only persons whose principles and interest led them to advance arbitrary and despotick designs . and i may justly say , that next to that hellish crew of jesuits , none have had a greater hand in all the confusions and distractions that have been in these kingdoms for a great many years past than these very men . i might have reflected on their carriage since our late glorious deliverance , but since i design'd to confine my self within these bounds i shall forbear , and in the mean while am yours , &c. finis . a proclamation, indicting a solemn and publick thanksgiving throughout the kingdom of scotland, to be kept upon the ninth of september next, for his majesties safe delivery from the late phanatical conspiracy against his majesty, his royal highness and government. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, indicting a solemn and publick thanksgiving throughout the kingdom of scotland, to be kept upon the ninth of september next, for his majesties safe delivery from the late phanatical conspiracy against his majesty, his royal highness and government. scotland. privy council. scotland. sovereign ( - : charles ii) sheet ([ ] p.) printed by the heir of andrew anderson, printer to his most sacred majesty, edinburgh : anno. caption title. royal arms at head of text; initial letter. dated at end: given under our signet at haly-rude-house, the seventh day of august, one thousand six hundred and eighty three. and of our reign, the thirtieth and fifth year. signed: will. paterson, cls. sti. concilij. ms. notes at foot of text. imperfect: creased with slight loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng public worship -- scotland -- early works to . rye house plot, -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms a proclamation , indicting a solemn and publick thanksgiving throughout the kingdom of scotland , to be kept upon the ninth of september next , for his majesties safe delivery from the late phanatical conspiracy against his majesty , his royal highness and government . charles by the grace of god , king of great britain , france and ireland , defender of the faith , to our lyon king at arms and his brethren heraulds , macers , pursevants , and messengers at arms , our sheriffs in that part conjunctly and severally , specially constitute , greeting ; to all and sundry our good subjects greeting ; forasmuch as almighty god in his mercy , and by his wonderful providence , hath brought to light , defeated and confounded a most un-natural , traitorous and diabolical conspiracy , contrived and carried on by persons of phanatical , atheistical and republican principles , for taking away our sacred life , and the life of our dearest brother james duke of albany , subverting of our government , and involving these kingdoms in bloud , confusion and miseries ▪ concerning which treasonable conspiracy , we have emitted our royal declaration to all our loving subjects , at our court at whitehall , the th . of july last , in this th . year of our reign , which we have ordered to be re-printed here . and we being deeply sensible of the humble and grateful praises and adoration , we owe to the divine majesty , for this great and signal instance of his watchful care over us , whom he hath so long preserved , and so often delivered by miracles , have out of our religious disposition , readily approven of an humble motion made to us for commanding an solemn and general thanksgiving , to be religiously observed throughout this whole kingdom , to offer up devout praises and thanksgiving to almighty god , for this eminent and miraculous deliverance granted to us , and in us , to all our loyal and dutiful subjects ; as also , fervently to pray that god may continue his gracious care over us , and his mercies to these kingdoms , and more and more bring to light , defeat and confound all traitorous conspiracies , associations and machinations against us , our dearest brother and government ; we with advice of our privy council , have therefore thought fit by this our royal proclamation , to indict a general and solemn thanksgiving , to be observed throughout this kingdom , that all our loving subjects may offer their devout praises and gratulations , and their fervent prayers and supplications to almighty god for the purposes foresaid ; and we strictly command and charge , that the said solemn thanksgiving be religiously and devoutly preformed by all our subjects and people within this our kingdom , upon the ninth of september next ; and to the end this part of divine worship , so pious and necessary , may be uniformly and at the same time offered by all our loving and loyal subjects ; we hereby require the reverend arch-bishops and bishops to give notice hereof to the ministers in their respective diocesses , that upon the lords day immediatly preceeding the said th . day of september next , as also upon the said th . of september they cause read and intimat this our royal proclamation from the pulpit in every paroch church , together with our foresaid declaration , dated at our court at whitehall as said is , and that they exhort all our subjects to a serious and devout performance of the saids prayers , praises and thanksgiving , as they tender the favour of almighty god , and the safety and preservation of our sacred life and government ; certifying all such as shall contemn or neglect this so religious and important a duty , they shall be proceeded against , and punished as contemners of our authority , and as persons highly disaffected to our person and government . and ordains these presents to be printed . given under our signet at haly-rud-house , the seventh day of august , one thousand six hundred eighty and three . and of our reign , the thirtieth and fifth year . per actum dominorum secreti concilij . will. paterson . cls. sti. concilij . god save the king . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty . . the tryal and process of high-treason and doom of forfaulture against mr. robert baillie of jerviswood traitor ... baillie, robert, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal and process of high-treason and doom of forfaulture against mr. robert baillie of jerviswood traitor ... baillie, robert, d. . mackenzie, george, sir, - . p. printed by the heir of andrew anderson ..., edinburgh : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, . trials (treason) -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal and process of high-treason and doom of forfaulture against mr. robert baillie of jerviswood traitor . by his majesties special command , as a further proof of the late fanatical conspiracy . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno dom. . the tryal and process of high-treason , and doom of forefaulture against mr. robert baillie of jerviswood traitor . cvria justiciariae s. d. n. regis tenta in praetorio burgi de edinburgh viges●mo tertio die mensis decembris . per nobilem & potentem comitem georgium comitem de linlithgow , dominum livingstoun , &c. justiciarium generalem totius regni scotiae , & honorabiles viros , domines jacobum foulis de colintoun justiciariae clericum , joannem lockhart de castlehill , davidem balfour de forret , rogerum hoge de harcarss , alexandrum seaton de pitmedden , & patricium lyon de carss , commissionarios justiciariae dicti . s. d. n. regis . curia legitime affirmata . intran mr. robert baillie of jerviswood prisoner indited and accused , that where notwithstanding by the common law of this , and all other well governed nations , the conspiring to overturn the government of the monarchy , or of the established government of this kingdom , or the concealing , and not revealing of any treasonable design , project , or discourse tending thereto ; or the assisting , aiding , or abaiting such as have any such designs , does infer the pains and punishment of treason . and by the third act of the first parliament of king james the first , the rebelling openly against the kings person : and by the thretty seventh act of his second parliament , the resetting , maintaining , or doing favours to open , or not our rebellers against the kings majesty , is declared treason , and punishable by forefaulture . and by the hundred fourty and fourth ▪ act of the twelfth parliament of king james the sixth , it is declared treason to reset , supply , or intercommune with traitors . and by the first act of the first session of his majesties first parliament , it is declared , that it shall be high treason for the subjects of this realm , or any number of them , less or more , upon any ground , or pretext whatsomever , to rise , or continue in arms , to make peace or war , without his majesties special approbation . and by the second act of the second session of his majesties said first parliament , to plot , contrive , or intend death , or destruction , or to put any restraint upon his majesties royal person , or to deprive , depose , or suspend him from the exercise of his royal government , or to levy war , or take up arms against his majesty , or any commissionated by him , or to intice any strangers , or others , to invade any of his majesties dominions , or to write , print , or speak any thing that may express or declare such their treasonable intentions , is declared treason , and punishable as such . likeas , by the second act of his majesties third parliament ▪ it is declared high treason in any of the subjects of this realm , by writing , speaking , or any other manner of way to endeavour the alteration , suspension , or diversion of the right of succession , or debarring the next lawful successour . nevertheless , it is of verity that the said mr. robert baillie of jerviswood , shaking of all fear of god , respect and regard to his majesties authority and laws ; and having conceived most unjustly , a great and extraordinary malice and hatred against his majesties person and government , and having designed most traiterously to debar his royal highness , his majesties only brother , from his due right of succession , did amongst many other traiterous acts , tending ▪ to promove that wicked design , endeavour to get himself elected one of the commissioners for negotiating the settlement of a colony of this nation in carolina , in one or other of the dayes of the moneths of january , february , march , april , or may , one thousand six hundred and eighty three years ; and that he might thereby have the freer and better access to treat with the earls of shaftsbury and essex , the lord russel and others , who had entered into a conspiracy in england against his majesties person and government , and with colonel rumsay , walcot , west , and ferguson , and others who had likewise conspired the murder of his majesties sacred person , and of the person of his royal highness ; and finding that he could not get himself elected one of the said commissioners , he resolved to go to london upon his own expenses , and declared to severals ( whom he took great pains to draw in●o be his accomplices ) that his design was to push foreward the people of england , who did nothing but talk , that they might go on effectually ; and after he had settled a correspondency here , he did go up to london in one or other of the saids moneths , with sir john cochran and commissar monro , and did then , and there , transact with the saids conspirators , or one or other of them , to get a sum of money to the late earl of argile , a declaired traitor , for bringing home of men and arms , for raising a rebellion against his majesty , and invading this his native countrey ; and so earnest was he in the said design , that he did chide those english conspirators , for not sending the same timeously , and lamented the delayes used in it ; and perswaded the late earl of argile and others in his name to accept of any sum , rather than not to engage : and amongst the many meetings that he had at london , for carrying on the said traiterous design , there was one at his own chamber , where he did meet with the lord melvil , sir john cochran , and the cessnocks elder and younger , and amongst others , with mr. william veatch a declared traitor , and there he did treat of the carying on of the said rebellion , and of the money to be furnished by the english for argyle , for buying of armes . and that if the scots would attempt any thing for their own relief , they would get assistance of horse from england ; and from that meeting , he or ane , or other of them did send down mr. robert martin to prevent any rysing , till it should be seasonable for carying on of their designs , which mr. robert , after he came to scotland , did treat with polwart and others , for carying on of the said rebellion ; by securing his majesties officers of state , his castles and forces , and by putting his correspondents here , and there associats , in readiness , to assist the late earl of argyle , and after the said mr. baillie had engadged many of his countrey-men in england , and had assured his correspondantts here , that the english were resolved to seclud his royal-highness from his due right of succession , thereby to encourage them to concur in the said rebellion , and exclusion , he flew to that hight , that he did particularly and closly correspond with mr. robert ferguson , sir thomas armstrong , collonel rumsay , and walcot , who were accessory to that horrid part of the conspiracy , which was designed against the sacred life of his majesty , and the life of his royal-highness , and did sit up several nights with them , concerting that bloody massacer : at least the said mr. robert baillie of jerviswood was , and is guilty of having correspondence with the late earl of argyle , and mr. william veatch declared traitors , and of being art and part of an conspiracy , for assisting of these who were to rise in armes against his sacred majesty , and for exclusion of his royal brother , and of concealing and not revealing the accession and proposals of others for that effect . wherethrow he has committed , and is guilty of the crymes of high treason , rebellion , and others abovespecified , and is art and part of the samine , which being found by ane assize , he ought to be punished with forfaulture of life , land and goods , to the terror of others to commit the like hereafter . his majesties advocat produced an act , and warrand from the lords of his majesties most honourable privy council , for pursuing , and insisting against the said mr. robert baillie of jerviswood , whereof the tenor follows : edinburgh , the twenty two day of december , one thousand six hundred and eighty four years . the lords of his majesties privy council , do hereby give order and warrand to his majesties advocat , to pursue a process of treason and forfaulture , before the lords of his majesties justiciary , against mr. robert baillie of jerviswood , to morrow at two a clock in the afternoon preceisly , and the saids lords do hereby require and command , sr. george lockhart of carnwath , and sr. john lauder advocats , to concur , and assist in the said process with his majesties advocat , from the intenting untill the end thereof , as they will be answerable upon their alledgance . extract by me , sic subscribitur . colin mckenzie , cls. sti. concilij . pursuers . sir george mckenzie of roshaugh our soveraign lords advocat sir george lockhart sir john lauder . advocats . procurators in defence . sir patrick hume . mr. walter pringle . mr. james graham . mr. welliam fletcher . mr. william baillie . advocats . the pannals procurators produced ane act of his majesties privy council , in their favours , wherof the tenor follows : edinburgh , the twenty third of december , one thousand six hundred eighty four years , the lords of his majesties privy council having considered ane address made to them , by mr. robert baillie of jerviswood , now indited at the instance of his majesties advocat , before the lords commissioners of justiciary , of treason , do hereby require and command sir patrick hume , mr. walter pringle , mr. james graham , mr. william fletcher , mr. james falconer , mr. william baillie advocats , to consult , compear , and debate for the petitioner , in the process of treason , mentioned in his address , without any hazard , as they will be answerable at their peril ; extract by me , sic subscribitur . william paterson , cls. sti. concilij . after reading of the inditement , the lord justice general required the pannal to make answer thereto . the said mr. robert baillie pannal pleaded not guilty . mr. walter pringle advocat , as procurator for the said mr. robert baillie of jerviswood pannal , alleadges that he ought not to passe to the knowledge of an assize , because he had not got a citation upon fyfteen days , or at least on a competent time , which is usual , and absolutely necessar in all actions , and much more in criminal pursuits , especially , seing , if a competent time be not allowed to the pannal , he is precludit of the benefit of ane exculpation , without which he cannot prove his objections against witnesses , or assyzers , or any other legal , or competent defences ; and by the late act of parliament concerning the justice court , all pannalls are allowed to raise precepts of exculpation , and thereupon to cite witnesses , for proving the objections against witnesses , and assyzers , which necessarily pre-supposeth , that a competent time must be allowed to the pannal to execut his diligence , or otherwise , how is it possible he can prove an defence of alibi , or any other just defence : and as this is most consonant to that clear act of parliament , and to material justice , and to the rules of humanity , so this point has been already fully and often decided , and lately in the case of one robertson in july . the instance whereof , is given by his majesties advocat in his book of criminals , and title of libels , where the lords found , that albeit robertson got his inditement in prison , yet he behoved to get it upon fifteen dayes . his majesties advocat oppons the constant tract of decisions , whereby it is found , that a person incarcerated may be tryed upon twenty four houres ; and the late act of parliament is only in the case where a summons or libel is to be raised ; but here there is no libel or summons , but only an inditement ; nor was any exculpation sought in this case , before the tryal , which is the case provided for by the act of parliament . the lords , justice-general , justice-clerk , and commissioners of justiciary , repell the defence , in respect the pannal is a prisoner , and that it has been the constant custom of the court , and that the pannal made no former application for an exculpation . sir patrick hume for the pannal , alleadges ( alwayes denying the libel , and whole members , and qualifications thereof ) that in so far as the libel is founded upon harbouring , maintaining , and intercommuning with the persons mentioned in the dittay , the pannal ought to be assoylzied ; because it is res hactenus judicata , he having been formerly pursued before the lords of his majesties privy council for the same crimes , and fined in an considerable sum ; and therefore that crime cannot now be made use of as a ground of treason against the pannal . his majesties advocat answers , that he restricts his libel , to the pannals entering in a conspiracy ; for raising rebellion , and for procuring money to be sent to the late earl of argile , for carrying on the said rebellion ; and for concealing , and not revealing ; neither of which is referred to his oath ; and consequently was not res judicata , there being nothing referred to his oath ; but his converse and correspondence with some ministers , and others within the kingdom , and his own gardiner , and his writing letters to my lord argile ; and oppons the decreet of council it self , and restricts the libel to all the crimes not insisted on in the decreet . sir patrick hume replyes , that as to the corresponding with the late earl of argile , at any time since his forefaulture , was expresly proponed as an interrogator to the pannal in that pursuit , at his majesties advocat's instance against him , before the lords of his majesties privy council , and that not only his own correspondence by himself ; but also by major holms , mr. carstares , robert west , thomas shepherd , richard rumbold , and collonel rumsay , as the interrogator bears , as appears by a double of the act of council , written by the clerk of councils servant , and is offered to be proven by my lord advocats oath : and as to any correspondency with mr. veitch , it is not relevant , since he was not declared rebel . sir john lauder for his majesties interest , answers , that he oppons the decreet of privy council , where no such interrogator was put to the pannal , and the decreet must make more faith than any pretended scroll , and cannot be taken away by his majesties advocats oath , to his majesties prejudice ; and for mr. william veitch , he stands expresly forefault in anno . and the doom of forefaulture , is ratified in the parliament . sir patrick hume oppons the reply , that as to the corresponding with mr. veitch , it does not appear , that he is the person mentioned in the act of parliament ; and albeit he were , as he is not , he having thereafter come home to scoland , all the punishment inflicted upon him was banishment , not to return under the pain of death , which did take off any former punishment ; and it was no crime in any person to intercommune with him , especially in another kingdom ; and by the late act of council in anno . even the conversing , and intercommuning with declared traitors , is restricted to an arbitrary punishment . his majesties advocat oppons the standing doom of forefaulture against veitch , and the proclamation , or act of council it ●elf . the lords , justice-general , justice-clerk , and commissioners of justiciary , having considered the libel , pursued by his majesties advocat , against mr. robert baillie of jerviswood , with the lord advocats declaration , whereby he restricts the same to the crimes not insisted on in the decreet of council formerly pronunced against the pannal . they find the same relevant as it is restricted , to infer the pain of treason , and remits the same to the knowledge of the assize , and repells the remnant defences proponed for the pannal , in respect of the decreet of council produced , bearing no such thing as is alleadged , and of the answers made by his majesties advocat thereto . assisa . the earl of strathmore . the earl of belcarras . sir george skeen , provost of aberdene . sir james fleming , late provest of edinburgh . sir john ramsay of whitehill . adam hepburn of humby . andrew bru●e of earleshall . john stuart , tutor of alpin . alexander miln of carrin . mr. james elies of stenhopsmilns . sir william drummond of halthornden . major andrew white , lieutennent of edinburgh castle , mr. david grahame , sheriff of wigtoun . colin m ckenzie , collector of ross. david burnet merchant . the assise lawfully sworn , no objection of the law in the contrary . hiis majesties advocat for probation adduced the witnesses and writs aftermentioned ; and first , walter earl of tarras . sir patrick hume procurator for the pannal , objects against the earl of tarras , that he cannot be a witness , because he is socius & particeps criminis ; and it is clear by the . chap. stat . rob. . concerning these that are excluded from bearing of testimony that socij & participes ejusdem criminis , vel incarcerati & vinculati , cannot bear testimony : as also , the earl of tarras being presently under an inditement of high treason , and under the impressions of fear , and death , no person in his circumstances can be admitted a witness , as is not only clear from the foresaid statute , but from the common law. his majesties advocat answers , that it is an exception from that rule , both by the common law , and ours , that in the crime of lese majestie , and especially , that branch therof , which we call a conspiracy , socius criminis may be a witnes , and which is introduced very reasonably by lawyers , to secure the common interest of mankind , which is the chief of all interests ; and because conspiracies cannot be otherwayes proved , and not to allow this manner of probation , were to allow treason , since no man can prove a plot , but he that is upon it , and how can a man object against him as a witness , whom himself trusted with his life , his fortune , and their common plot , nor is the intenting of the lybel any stronger qualification , since every man that is socius criminis , is under the same impression , and it would rather seem the greater and nearer apprehensions a man has of death , he will be the more sincere and faithful ; nor has the earl of tarras , nor did he ever seek any security , in order to his deponing . and this has been constantly , and latlie , conform to the common law , as may be seen in the hundreds of citations set down by mascard , de probationibus , vol. . conclus . . num . . and the contrary citations prove only , that regularly socius criminis cannot be a witnes . sir patrick hume replyes , that the statutes of robert the first is opponed , and non est distinguendum ubi lex non distinguit , and not only was he socius criminis , which is acknowledged , but he is incarceratus , and lying under an indytment of high treason , and has thrown himself on the kings mercy , and it is not proper he should be a wintess , seing he is in the kings mercy , who may give him his life or not , and there was never a person in these circumstances , that ever was admitted a witness . mr. walter pringle adds , that the earl of tarras , is not only in the case of a person who stands indyted for high-treason ; but must be look'd upon , as a person condemned for the said cryme , seing he fully , and amply confest the cryme : & confessus habetur p●o convicto , and never any lawyer asserted , that damnatus criminis lesa majestatis could be admitted as a witnes , and there is nothing more clear , then that by the common law , and the law of all nations , this objection ought to be sustained , for the civil law is clear , leg . . cod ▪ de testibus , and matheus in his title de probationibus , cap. de testibus , doth assert positivlie , that the cryme of lese majestie , heresie , and generally all these crymes quae sine sociis non possuut facile admitti , are not excepted . and he asserts , that the lawyers , viz. gomesius , & decianus , who are of another opinion , do acknowledge , nominatum a reo damnandum non esse , and that they contravert only , an nominatio rei sit indicium sufficiens ad torquendum nominatum . sir george lockhart repeats , and oppons the answer , and the cryme lybelled , being a conspiration of treason , which of it's own nature is manadged , and caryed on by secrecie and contrivance ; and which is only known to the complices of the treason , and which cannot be commited sine sociis , the law of this kingdom , and of all nations , do allow socios criminis to be testes habiles , and not only are they admitted in the case of such conjurations , but generally in omnibus criminibus exceptis , amongst which the crime of perduellion , and lese majestie is the chief , and it is absolutly impossible , that plots , and conspirations of treason can be otherwayes proven , then per socios , and such as are participes criminis , and which is the common opinion of all lawyers , as may appear by farin . quest : . and the authorities cited by him , and which is the inviolable practique of this kingdom : and as to that pretence , that the earl of tarras is under a process of treason , and has submitted to his majesties mercy , and that confessus habetur pro convicto , it imports nothing , and infers no more then that he is socius criminis , and is still a habil witnes , as to conjuration of treason socius criminis hoc ipso , that it is acknowledged , or proven , being still under the hazard of process , or condemnation , which law regards not in regard of the secrecie involved in the nature of the crime , that either witnesses neque actu neque habitu , can be present , so that the objection amounts to no less then that conjurations of treason cannot at all be proven : and as to the law cited from the majestie , it imports no more then that the objection regulariter pro●edit in crimes , which of there own nature are not perdifficilis probationis , and are not inter crimina excepta such as the cryme of conspiracy and treason is ▪ mr. william fleteher oppons the objection , and reply , and further adds , that albeit crimen lesae majestatis be reckoned inter crimina excepta , and so have some priviledge , as to the qualification of witnesses , yet it cannot be denyed , but there are some objections competent against witness adduced for proving conspiracies , and treason , verbi causa , that a witnes is a capital enemy , or that he is sub potestate accusatoris , and the objection new pleaded , being taken complexlie , viz. that the earl of tarras is not only socius criminis , but also , that he is publico judicio reus , upon the same crime , and that as means to procure his majesties favour , he has submitted himself , and come in his majesties mercy , by an acknowledgment of the cryme , before the dyet of citation , he is obnoxious to a most just objection , viz. that he is sub potestate , and by the submissiou , and confession , his life and estate is now in his majesties hands , so that he is not only in the case of a reus confessus , but in the case of a witnes , who does absolutely depend upon his majesties advocat the pursuer ; and as a privat accuser , could not adduce his own servants to be witnesses , because they are testes domestici , and depend upon him , so far less ought a witnes to be adduced , who not only depends , as to his estate , but as to his life , and the law gives a very good reason , and which is mentioned by paulus , lib. . receptarum sententiarum , cap. . parag . ult . in these words ▪ de se confessus , non est au●●endus ut testis , ne alienam salutem in dubium deducat qui de sua desperavit ; and as to the pretence that a conjuration is a cryme so occult , that it must either be proven by such witnesses , or otherwayes the guilty person will escape . it is answered ▪ that in this case , his majesties advocat had an easie remedie , for he might have pursued the pannal , before he pursued the witnes , and the terror and apprehension of the event of a process for treason cannot be constructed otherwayes , then to have influence upon the deposition of the witnes ; and as to the citation out of farinacius , it is only in the case of socius criminis , but when he comes to treat de teste accusato vel carcerato . quest. . articulo to . he sayes , regula sit in accusato quod is pendente accusatione à testimonio repellitur ▪ and be the d . rule of the same article , he sayes , it is a principle quod carceratus testimonium ferre prohibetur , and he gives this reason , quia praesumitur , quod falsum testimonium diceret pro aliquo qui ei promiserit se liberare a vinculo , and limits this rule , that he must be carceratus propter crimen . sir patrick hume adds , that it is a certain principle , that any person that is guilty infamia juris , cannot be a witness , no more than a person that is convict , and condemned of treason ; and if he were convict , and condemned of treason , he could not be a witness , even in the case of treason : so neither can the earl of tarras in this case be received a vvitness , for he being adduced a vvitness after he received his inditement , and confessed the crime , is equivalent , as if he had been actually convict ; and whatever may be pretended , that testes infames may be admitted ; yet it was never asserted by any lawyer , that a person convict of treason can be admitted a vvitness . the lords repelled the objection against the earl of tarras , and ordains him to be received a witness . walter earl of tarras , aged fourty years , married , purged , and sworn ; being interrogat , if about the time that sir john cochran , and commissar monro got their commission from the carolina company for london , the pannal mr. robert baillie of jerviswood did not desire the deponent to speak to commissar monro , to try if he could get him the said pannal added to that commission , depones affirmative . being interrogat , if the said jerviswood , the pannal , did not tell the deponent , that he was resolved to go to london however upon his own expenses , and that his and their going about the carolina bussiness , was but a pretence , and a blind ; but that the true design was , to push foreward the people of england , who could do nothing but talk , to go more effectually about their bussiness , depones affirmative . depones that the pannal did settle a correspondence with the deponent , whereby he was to give an account to the deponent of what should pass betwixt the countrey party in england , and the scots men there : and on the other hand , the deponent was to vvrite to him what occurred here ; depones that the pannal did say to the deponent , if the king would suffer the parliament of england to sit , and pass the bill of seclusion , that that was the only way to secure the protestant religion . depons that the pannal said to him , that the king might be induced to do so , if the parliament would take sharp , or brisk measures with him , or the like . depones these words were spoke to him by the pannal , since the holding of the last session of this current parliament ; and before the pannal and commissar monro went for london . depons that after the pannal went to london , he did give the deponent an account by letters , that things were in great disorder there , and that he hoped there would be effectual courses taken to remeid them . depones that mr. robert martin did come to mr. pringle of torwoodlies house in may . or thereby , and brought a letter to the deponents lady unsubscribed , but the deponent knows it was jerviswoods hand-writing , who was then at london , and that mr. martin told the deponent , that things in england were in great disorder , and like to come to a hight , and that the countrey party were considering on methods for securing the protestant religion . and that archibald , sometime earl of argile , was to get ten thousand pounds sterling , whereas thirty thousand pounds sterling was sought by the scots-men at london , which was to be sent over to holland to provide arms ; and that the late earl of argile was to land with these armes in the west-highlands of scotland , and that the deponents friend jerviswood the pannal , was to be sent over with the money . depones that philiphaugh and he went to gallowshiels house , where they met with polwort and gallowshiels , and that it was talked amongst them there , that in case those in england should rise in arms , that it was necessary in that case , that so many as could be got on the borders should be in readiness to deal with straglers and seize upon horses , and that thereafter they should joyn with those that were in arms on the borders of england . depons , that in the case foresaid , it was said , it was convenient the castle of stirling , berwick , and some other strengths should be seiz'd upon ; and it was likewise spoke amongst them , that some persons should be employed to inquire what arms was in that countrey . depons , that it was spoke then , that the best time for argyle was to land in the west when there was a stur in england , or scotland , or words to that purpose . depons , that every one desired another to speak to such particular persons as they could trust , by letting a word fall indirectly upon supposition , in case of the rising in england concerning the affair for preparing of them : and that he was told by philiphaugh thereafter , that there was a word and sign to be used amongst them , viz. the sign was by loosing a button on the breast , and that the word was harmony . depons , the pannal spoke to the deponent to advertise torwoodlie , that he might acquaint mr. william veitch a forfault traitor , who was in northumberland , that he might keep himself close , and be on his guard , lest he should be catch'd ; which was since the pannal was prisoner in the tolbooth of edinburgh . and this is the truth , as he shall answer to god. sic subscribitur , tarras , linlithgow . i. p. d. alexander monro of bear-crofts , aged fourty five years , or thereby ; solutus , solemnly sworn and purg'd . depons , that the earl of tarras proposed to the deponent , that jerviswood might be made one of the commissioners for the affair of carolina , for that he could not safely stay at home ; and that the deponents answer was , that he had no interest in the affair , and so could not be a commissioner . depons , that the pannal did wait for the deponent at wooller , and did go alongst with him to london , and that by the way he heard him regrate his own hazard and others , because of blackwoods sentence ; and that he heard him regrate the hazard our laws , and liberties , and the protestant religion were in . depons , that the pannal spoke to the deponent and others , more then once at london for getting of money from the english to be sent to the late earl of argile , for bringing home arms for the said earls use , as he understood , for carrying on an insurrection , and rebellion in scotland . depons , that at the time libelled , in jerviswoods chamber in london , mr. william veitch a forfault traitor was present ; and that sir john cochran did at that meeting expressly speak of money to be sent to argile for bringing home arms for invading the kingdom of scotland ; and that at another occasion he heard some of them say , that there would be twenty thousand men in scotland who would assist the rebellion , and that he heard sir john cochran and jerviswood speaking of it , but cannot be positive which of the two said it . depons , that at that meeting he heard jerviswood speak , but did not hear him oppose that ●reasonable proposal ▪ or contradict the overture proposed by sir john cochran . depons , that mr. robert martin was sent down from that meeting which was at jerviswoods chamber , to scotland , to try what the people of scotland would do for their own safety : and that it was understood that the people of scotland should not rise till there should be a rising in england , and that the commission was granted to mr. robert martin by all the persons present , whereof jerviswood was one , and that there were present the lord melvill , sir john cochran , cessnocks elder and younger , mr. william carstares , mr. william veitch , jerviswood , and the deponent ; and depons they did contribute money for mr. martins journey : depons , that at his return he meeting with the deponent , told him , that matters were in that condition in scotland , and that the countrey was in such a condition as little would kindle the fire in order to the rebellion . and this is the truth , as he shall answer to god. sic subscribitur , alexander monro , linlithgow , i. p. d. james murray of philiphaugh , aged . years , married , purged and sworn , produces four leaves of depositions , emitted by him before the lords of the secret commitie , and all written and subscribed with his own hand , which being publickly read , in presence of the justices , and assize , he adheres thereto , in all points , whereof the tenot follows . upon the day of may , . upon a letter from mr. pringle of torwoodlie , i came to his house in the morning , and he presently led me to a chamber , where i found mr. robert martin , who was lately come from london , with whom we stayed a little , and discoursed of the news ▪ and about the present condition , and temper of england , and in particular of london , which mr. martin said , was much irritated through some attempts upon their priviledges , either as to the concern of the sheriffs , or their charter , but that all honest men were of good heart ▪ and very brisk , and after some general discourses to this purpose , torwoodlie , and i left him , and walked out a little , and he told me , he was expecting the e. of tarras presently , for he had sent to him ; and mr. martin had a letter to him from jerviswood , then he told me that there were great matters in agitation at london , and that mr. martin had come down with a commission from our friends there , ( i do not remember he named any ) but that i behoved not to expect , he would impart his instructions to me , for he was to communicat them only to polwart and himself , ( at least for these shyres ) and they were to pitch on such as they thought fit to intrust with the affair , whereupon he assured me , that he had great confidence in me , and his kindness to me oblidged him to send for me , to acquaint me , that matters were now come to a crisis , and that he had reason to think england would shortly draw to arms , and stand by them , till they were satisfied anent the bill of exclusion , and what other security they could propose for the protestant religion , and their liberties , and that it was no project of any inconsiderable party but a design through the kingdom , and that many of the finest men , and of the greatest interest and credit there , had adjusted almost every thing necessar for the purpose , and had concerted matters with our friends there , in order to concurrence from this , and had agreed to advance money for furnishing armes here , ( i do not remember he told me more particulars at this time ) but said , polwart would be at gallow-shiels that night , and it would be necessar that the e. of tarras and i should confer with him fully , on the business , about this time the e. of tarras lighted , and torwoodlie having left us for a little time , being gone to bring mr. martin , the e. of tarras asked me , what news , i told him of mr. martins being there , but that he had given me no account of the design of his down-coming , which perhaps he would acquaint him with , but by what i had heard from torwoodlie , i understood it to be , to engadge us to rise in arms shortly , whereat the e. of tarras hummed , and said , he would look ere he leapt , such a leap , or some such expressions , presently mr. martin came , and the e. of tarras and he retired a little , after the reading an letter , he gave him , the contents whereof was ( as the e. of tarras informed me ) only an order from jerviswood , to deliver some money to the bearer , which he had left with him , and the e. of tarras called for his servant , and bad him bring up the money ; in the mean time , torwoodlie asked me , if i had acquainted the e. of tarras with what he spoke to me , and i told him , i had let something of it fall to him , but it was not to be thought , that persons of sense & quality would engadge in such designs at random ; so torwoodlie said , that ( though mr. martin would not commune with us upon his commission directly ) yet he thought it would be fit , we conferred , and without taking notice of his commission , discoursed of things upon suppositions , and as our own privat notions , abstract from any prospect of a present design , so after dinner , we four went to a chamber , and after some general discourses , of the discontents of both kingdoms , these suppositions following were discoursed ( and as i remember ) mr. martin started them all , or the most part ) viz. what if the countrey party in england should have thoughts of going to arms ( whereof he knew nothing but only supposed such a thing , for discoursing a little freely , and to know our sentiments , what we thought could be expected here in such a case ) would it not be expedient to have a settled correspondence betwixt that party there and here , and might not matters be so adjusted , that both kingdoms should draw out in one day , and might not as many be expected to undertake in these shires , and about edinburgh , as would serve to surprize , and seize our rulers ( i do not remember any named , but the then chancellour and thesaurer ) and some to joyn with these on the english borders , to assist them to surprize berwick ; and if for that effect , any horse , or dragoons , that should be in the bounds might not be surprized , that their horse and arms might be gotten to furnish the countrey people , and stirling castle ; and if argile should at the same time land in the west , and raise that countrey , would not these measures contribute much to the advancement and security of the interest of that party here , since thereby the government would be disordered , and such steps would encourage all that had an inclination to the countrey party , to draw to them frankly , and scar many of the other side to act against them , and so they might have leasure to joyn from all places ; and might it not be expected , there would be as many in this kingdom , as would be able to deal with the forces here , at least divert them from troubling england . this is the sum , as i remember , of what was proposed , and discourst of , though i cannot distinctly say , it was in this method , and expression , nor was all moved at once , but droped now and then , as the discourse seem'd to give rise to it ; and though i cannot fully re-count all that was spoke on these heads , and tell distinctly , what this and that man said ; yet i remember these following answers were giving , and ( as i judged ) acquiesced to by the whole company ; and they were certainly the e. of tarras , his sentiments and mine , and every one that spoke , used this or some such precaution , that if they were concerned , or to give counsel in any such case , as they were not , &c. ) . as to the settling a correspondence , it was confest to be very convenient for those of a common interest ; but the present circumstances of affairs were such ( as was thought , ) that none could be found here who was sit to mannage it , and would undertake it . . as to the trysting at the same time , it could not be done without the devulging the design to all ranks of people , which none would undertake , except these already in desperat circumstances , and they could not have generally much influence . . the thing was not at all adviseable for this kingdom , since if any of englands own measures miscarried , they would not stur for any such trust ; and the spring of their motions being always at london , there might happen an interruption near the appointment , whereof these here could have no timous notice , and so might keep tryst , whereby they would be exposed a prey ; and if they should subsist any time , or prevail ( which was hardly possible ) the multitude that must be imployed , are tainted with such wild and unruly principles , that if once they got the sword in their hands , they would never be brought to order without a greater force to over-awe them ; neither would any expectation of argiles landing , be a just ground for such a tryst , considering the uncertainty of sea-voyages ; and if argile were to be the head , undoubtedly many people would conclude that he were to be suspected of private designs , and that restoring him , might lay him aside : as also , that dispair might blind his usual prudence , and prompt him to unsolid , and undigested methods ; and so it was to be expected , that few of the gentry ( except such as he had special influence on , or such as were under hard circumstances ) could embarque with him . . as to the surprising rulers , &c. it was inveigh'd against , as an action not to be thought of amongst protestants ( especially when the very design of it was pretended , to secure that religion , which taught its professors to abhor and detest such principles as popish , yea un-christian ) since it could not be effectuat without blood-shed of people , secure in peace , which being by all approven , divines and casuists condemned as unlawful , and meer assassination ; it was not to be doubted , that as such a practice would cast a blot upon the whole affair , and quite take off any pretence of defensive arms , so it would scar many from joyning . these things were reasoned again and again : but i do not remember there was any formal conclusion made , but the discourse was let fall ; and mr. martin told us , if any of us had a mind for a suit of armour , he could provide as many as we pleased , from one who had made a great many lately , to honest men at london , of a new fashion , very light , and at an easie rate ; so torwoodlie and i gave him our measures , e. of tarras told he had a suit already ; then torwoodlie said to the e. of tarras and me , we would meet polwort at gallowsheils , and desired we might commun with him , anent what we had been discoursing , so we hasted away , that if possible , we might both get home that night , it being saturnday , and we unfurnished , for staying abroad , and torwoodlie whispered me just as i was mounting ( as i think ) that he was not clear we should commun before gallowshiels , for he was sometimes too much good-fellow , or the like ; so the e. of tarras and i rod away together , and upon the way we were both of opinion , that the suppositions we had discoursed of , were in effect propositions , and resolv'd , if they were insisted on by polwort , as we suspected , we would adhere to the former answer , and would undertake nothing in these methods ; when we came to gallowsheils , the laird was abroad , and polwort was not come , so we had thoughts to go away , being both damped with what had passed , and inclining to be free of farder medling ; but the lady would by no means hear of our going till her husband came ; who , she assured us , was about the doors , and she having sent to call him , he would be in presently ; yet it was so late ere he came , that the e. of tarras could hardly have day enough to go home with ; so gallowsheils would not let him go , and he would not stay , unless i stay'd , so we both stayed ; and not being resolv'd to discourse with gallowsheils on what passed , we went to the tavern , on pretence i might call the baillie , and seek horses for lime , and stay'd there till polwort came ( which seemed unknown to gallowsheils ) then we returned to gallowsheils house , and after supper polwort whispered the e. of tarras and me , and enquired if we had seen mr. martin ; and we having told him we had , he enquired , if we were free to commun on the affair before gallowsheils , we told , as he thought fit , for we could trust him ; then he whispered gallowsheils , and ( as i understood afterwards ) asked if he was free to commune on matters of great secrecy and importance with that company , to which he assented , then we sat down closs together , and as i remember , polwort began the discourse ; but since i am not able to follow exactly the method of our conference , or keep the very expressions used , or repeat all that was spoke , or to tell distinctly what was every mans part of the discourse ; i shall set down the heads , and most remarkable passages thereof , that i remember in some articles following ; . polwort signified that he was credibly informed ( but i do not remember he named his informer ) that the countrey party in england would draw to the fields shortly , as he heard before lambass , wherewith gallowsheils seem'd visibly surprized ; and being asked , if his heart fail'd him already , he said he did love it better truly to be walking in his own parks in peace , and quiet , than to be medling in such matters ; however he assured the company , that if there came any troublesome world , he would joyn with them firmly ; and the f. of tarras said , he wondred to hear of any such resolution in england , for he took it for a principle amongst that party there , that they should make no stir in the kings life ( which the whole company owned to be their opinion and desire ) because that might strengthen the dukes interest ; and he suspected it was the project of the common-wealths men , with whom he believed , few scots gentlemen would joyn ; and he was almost perswaded the d. of monmouth would not concur in any rising during the kings life , to which it was answered by polwort , that he had indeed heard that principle had been generally agreed to , but it seem'd they found , they behoved either to do their business now , or lay aside hopes of doing it hereafter , which might be , that if the charter of london were let fall , they would not only lose all safe opportunity of digesting matters ; but a great part of their strength , and he heard all things were concerted mutually , betwixt monmouths friends and the heads of the commonwealth party ; and tho he heard monmouth was shy on that account , yet it was hop'd he would engage , for otherways he would be deserted by that party . . polwart told us the suppositions above-written as overtures concerted betwixt our friends at london , and the principal men of that party there ; so the e. of tarras and i renewed our former answers also above-written , and maintained them with all our vigour , wherein gallowshiels joyned forwardly with us ; and polwart asserted , we went on very good grounds , and he was fully of our opinion , if things were entire , but referr'd it to be considered , whether it were better to comply with some of these methods , tho not so proper and justifiable as were to be wish'd , then to disappoint the business totally , which might be of the best consequence to all the party , yet we did not condescend as i remember to undertake any of these methods . and there was a further argument adduced against the trysting above-written , viz. that is was talked there was a day appointed in england lately in shaftsherry's time , which did not hold , so they were not to be relyed upon . . it was proposed to be considered what methods were most proper in the companies opinion for scotland to follow in case of englands rising , whereanent it was said , that all that could be expected or desired from scotland , was , that upon the certain news of englands being in the fields , those in the southern shires who would own that party , should presently rise , and ( how soon they could get as many conveen'd as would be able to deal with stragling parties , or any sudden rising in the countrey ) march to joyn them , and that it would be fit these in the northern shires of england waited near the borders for such , and that they had officers trysted there to command , and that then it would be seasonable for argile to land in the west , and these parties on the borders might divert the forces til he had time to put himself in a posture . these things seem'd to be the sentiments of the whole company , but were not finally determined till the opinion of others who were to be communed with by polwart were knowen : and it was represented , there behoved not to be any wilful and obstinate adhering to our own thoughts of things , ( but an mutual condescendance to others concerned , ) otherwise it were not possible to bring a publick design to any good issue . . all the company seem'd to agree , that they should undertake nothing or move in that affair , till they had a full and certain account what england proposed , what methods they resolved to follow there , who were to be their heads , and that if they design'd any attempt on the kings person , or overturning monarchy , they would not be forward or clear to joyn : and it being here insinuated , that the most they could do ( at least for which there could be any plausible pretence to justifie ) was to draw together , and without any act of hostility , send addresses to his majesty for redress of the present abuses of the government , and for obtaining sufficient security against the hazard they apprehended to their religion and liberties . it was said by polwart that he was apt to think , that was their very design , for he had heard it was generally believed by that party in england , that if once they were in a body , the king would be prevailed with to quite the duke , to be tryed for popery , correspondence with france , and accession to the popish plot , and then if the king were once free from the influence of the dukes counsels , they were confident he might be moved to reform their abuses , and secure their religion and liberties for the future to their contentment . . it was resolved , that till we got the foresaid account from england , and were satisfied thereanent , and knew others here ( who were to be communed with ) their sentiments of what methods were most proper for us , in case we should undertake , we should not meddle further ; only it was left to the earl of tarras and me , if we thought fit to acquaint sir william scot younger with some of the matter of this conference overly , without taking notice of our informers ▪ or such an conference ; and it was recommended to all to be enquiring ( at such as they had some trust in ) indirectly about the affection of our neighbours , and what arms there was amongst them ; that if we should get an satisfying account , and resolve to joyn , we might know where to seek men and arms suddenly ; here it was said by polwart , as i think , that if the e. of tarras , torwoodlie , gallow-shiels , and i once took horse , he thought the most part of the west end of of tiviotdale and selkirk shire would soon come to us , especially , when they heard england was risen , then we trysted to meet there against mid-summer fair , betwixt and which the forsaid account was expected , but in case it came to any of our hands sooner , we promised to advertise the rest , that we might meet presently , if the case required ; this is the substance and sum of what passed at the forsaid conference , that i can now rememeber ; but i remember , i was likewise told these following particulars in privat ▪ by polwart , or torwoodlie , ( which of them , i cannot distinctly tell ) the day of the forsaid conference , or within a short time after . . that polwart keeped the correspondence with our friends at london , i remember not positively of any of them that was named , to be on the entrigue there , except my lord melvil , sir john cochran , jerviswood , and commissar monro ( for i hardly knew any of the rest ) and as i think , commissar monro was call'd his correspondent there . . that the money to be advanced by the english partie to scotland was ready , when mr. martin came from london , and it was expected , that within few days after , it would be dispatched with some confident to holland , ( whither by bills , or in cash , i cannot say ) it was call'd ten thousand pound sterlin , and was to be imployed ( as i was told ) by that confident , at argyles sight , for buying arms , providing ships to transport them with argyle , to the west here , and such other charges . . that how soon our friends at london got notice of the safe arrival , of the confident forsaid , and all other things were finally concluded there ( which was expected would be about the midle of june , as i remember ) they would come home , and as they passed , would give them , or one of them , an particular account of all resolutions taken , to be communicat to the rest , that it was not to be expected by letters , that behoved to be under figures , and dark expressions , and as i remember , they were written as it were about the carolina business , or some houshold furniture , as i was told , for i never remember , i saw any letter , either direct to london , or sent from it on that head . . i was told there was a sign , and a word agreed on by that party , so that men might know with whom they might use freedom , the word , as i remember was harmony , and the sign , the opening two buttons in the breast coat and shutting them presently ; this i communicate to the earl of tarras , but does not mind i ever saw it used , except when i visited park-hay here in town , about the end of june ; we discoursing a little freely , he asked if i had the word and sign of the carolina men , and i having given them , he said something to this purpose , that he was afraid that the carolina business did not go well , for there had been some of the managers expected here ( as i think he named jerviswood or commissar monro ) these eight days past , but there was none come , nor could he learn that any of their friends had heard from them for several posts . polwart , torwoodlie , and i met at gallowshiels , on midsummer fair , but i mind nothing passed but private whisperings . dated september . . and subscrived thus , james murray . edinburgh , december . . the deposition above-written being read to the said james murray of philiphaugh , in presence of the justices and assizers , he adheres thereto in all points upon oath . sic subscribitur , james murray . linlithgow , i. p. d. the said james murray further depons , that at their meeting at gallowshiels , it was resolved , that they should keep up their cess unpayed till their next meeting at midsummer , which was to be at gallowshiels , and should deal with all these they had influence upon to do the like , and that upon the supposition mentioned in his oath given in . it was spoke amongst them that the troupers horses should be seized upon , when they were grasing . and this is the truth , as he shall answer to god. sic subscribitur , james murray . linlithgow , i. p. d. hvgh scot of gallowshiels , aged . years , married , purged , &c. and sworn . depons , that the earl of tarras and philiphaugh did come to the deponents house , in may , . and polwart came likewise there , where there were discourses and proposals , that if the english would rise in arms , their friends in the south shires should rise with them ; and that they should seize the horses belonging to the kings troops where they grased , and the town of berwick , and the castle of stirling : and likewise it was there discoursed anent the late earl of argiles coming to invade scotland , but because of the uncertainty of sea voyages , there was not much stress laid upon it . depons , it was also proposed , that some of the south countrey whom they trusted in should be acquainted with it , and that endeavours should be used to learn what arms was in the countrey . depons , there was some such discourse there , as that the earl of tarras , philiphaugh , torwoodlie , polwart , and some others should draw to horse with the first when the rising should be in readiness , that it might be expected that the south parts of teviotdale and selkirk shire would joyn with them . and this is the truth , as he shall answer to god. sic subscribitur , hugh scot. linlithgow , i. p. d. his majesties advocat produc'd other depositions , emitted by gallowshiels before the lords of the secret committee , whereof the tenor follows . edinburgh , the of september . gallowsheils depons , that the e. of tarras and philiphaugh , being in his house in may . discoursed of an intended rising in england , and of proposals made to scots men , to rise with them , and of london in particular , and that polwort was present at that meeting , and told he was sure the englishmen intended so , and that it was discoursed at that meeting amongst them , that it were fit to seize berwick and stirling ; and that it was talked amongst them of bringing the duke of york to tryal , and that the king would abandon him . sic subscribitur , hugh scot. perth , cancel . queensberry george mckenzie . jo. drummond . george mckenzie . edinburgh , october . . sederunt . lord chancellour . lord president . lord secretary . lord advocat . the laird of gallowsheils , prisoner in the tolbuith of edinburgh , being call'd and examin'd upon oath , depons , that in the moneth of may . the e. of tarras , hume of polwert elder , and laird of philiphaugh , came to the deponents house , himself being absent , at his coming home , they were speaking of the security of the protestant religion ; and of a party in england , who would secure , or seize the king or duke , and that if any should rise in arms to defend them , or to rescue the king and duke : there was another party who would rise in arms against them , it was proposed , that some countrey men should be spoken to , to try their resolutions , and that the resolutions of england should be told them , to see if they would concur . but the deponent does not remember that this proposition was approven , or undertaken to be done by any present ; nor does he remember who mannag'd the discourse . it was likewise propos'd , to seize the officers of state , especially the chancellour and thesaurer , and they said , sir john cochran was to come to the west from england , for advancement of the design ; and that the earl of argile was to land in the west-highlands , and to raise that countrey . of these matters , all these who were present discoursed , as of an affair that they were agitating , and wherein themselves were particularly concerned , though at that time they did not conclude what their carriage should be ; the reason why the deponent cannot be more particulars is , because he was sometimes going out , and sometimes walking up and down the room ; and though the deponent cannot be positive of the very words ; yet he is positive they were either these words , or words to that purpose . sic subscribitur , hugh scot. perth cancellarius . edinburgh , december . . hvgh scot of gallowsheils being solemnly sworn in presence of the justices and assize , adheres to the depositions within , and above-written in all points , sic subscribitur . hugh scot. linlithgow , i. p. d. his majesties advocat in fortification of the former probation , adduces the printed copy of mr. william carstares depositions , emitted before the officers of state , and other lords of privy council , and leaves the same to the assise , and uses it as an adminicle of probation ; for though it was capitulat , that he should not be made use of as a witness ; yet it was agreed , that the deposition should be published : and likewise produces the principal deposition signed by himself , and the saids lords . the lords , justice-general , justice-clerk , and commissioners of justiciary , admit the paper produced as an adminicle , and refers the import thereof to the inquest , and ordains the printed paper as it is collationed , to be taken in , and considered by the inquest . sir william paterson , and mr. colin mckenzie , clerks of his majesties privy council being interrogat , if they heard mr. william carstares own the depositions read , depons they saw and heard him swear , and own the same upon oath , and they collationed the printed copie with the original formerly ; and now they heard it collationed , sic subscribitur , will. paterson . colin mckenzie . the deposition of mr. william carstares , when he was examined before the lords of secret committee , given in by him , and renewed upon oath ; upon the . of december . in presence of the lords of his majesties privy council . edinburgh castle , september . . mr. william carstares being examined upon oath , conform to the condescention given in by him , and on the terms therein-mentioned ; depons , that about november , or december . james stuart , brother to the laird of cultness , wrot a letter to him from holland , importing , that if any considerable sum of money could be procur'd from england , that something of importance might be done in scotland : the which letter , the deponent had an inclination to inform shepherd in abb-church-lane , merchant in london of ; but before he could do it , he wrot to mr. stuart above-nam'd to know from him , if he might do it ; and mr. stuart having consented , he communicat the said letter to mr. shepherd , who told the deponent that he would communicat the contents of it to some persons in england ; but did at that time name no body , as the deponent thinks : sometime thereafter , mr. shepherd told the deponent , that he had communicat the contents of the letter above-named , to colonel sidney , and that colonel dunvers was present , and told the deponent , that colonel sidney was averse from imploying the late earl of argile , or medling with him , judging him a man too much affected to the royal family , and inclin'd to the present church-government ; yet mr. shepherd being put upon it by the deponent , still urg'd , that one might be sent to the earl of argile ; but as mr. shepherd told him , he was suspected upon the account of his urging so much ; yet afterwards he press'd , without the deponents knowledge , that the deponent being to go to holland however , might have some commission to the earl of argile , which he having inform'd the deponent of , the deponent told him , that he himself would not be concern'd , but if they would send another , he would introduce him ; but nothing of this was done : upon which the deponent went over , without any commission from any body , to holland , never meeting with james stuart above-nam'd : he was introduc'd to the earl of argile , with whom he had never before convers'd ; and did there discourse what had past betwixt mr. shepherd and him ; and particularly , about remitting of money to the said earl from england ; of which the said mr. stuart had written to the deponent , namely of pounds sterling ; and of the raising of horse and dragoons ; and the securing the castle of edinburgh , as a matter of the greatest importance : the method of doing this was propos'd by the deponent , to be one hour , or thereby , after the relieving of the guards : but the earl did not relish this proposition , as dangerous ; and that the castles would fall of consequence , after the work abroad was done . james stuart was of the deponents opinion for seizing the castle ; because it would secure edinburgh ; the magazins and arms , as to the horse and dragoons . my lord argile was of opinion , that without them nothing was to be done ; and that if that number were rais'd in england to the said earl , he would come into scotland with them ; and that there being so few horse and dragoons to meet them , he judg'd he might get the countrey without trouble , having such a standing body for their friends to rendezvous to ; and the said earl said he could show the deponent the conventient places for landing , if he understood ; and as the deponent remembers , where the ships could attend . the deponent remembers not the names of the places . the deponent spoke to the lord stairs ; but cannot be positive that he nam'd the affair to him , but found him shy : but the earl of argile told him , he thought stairs might be gain'd to them : and that the earl of lowdoun being a man of good reason , and disobliged , would have great influence upon the countrey , and recommended the deponent to major holms with whom the deponent had some acquaintance before , and had brought over a letter from him to the earl of argyle ; but the deponent had not then communicate any thing to the said holms . james steuart laid down a way of correspondence by cyphers and false names , and sent them over to holms , and the deponent , for their use ( which cyphers and names , are now in the hands of his majesties officers , as the deponent supposes , ) and did desire the deponent earnestly to propose the . pound sterling above-named to the party in england , and did not propose any less ; for as the earl told the deponent , he had particularly calculate the expence for arms , ammunition , &c. but james steuart said , that if some less could be had , the earl would content himself , if better might not be ; but the earl always said , that there was nothing to be done without the body of horse and dragoons above-mentioned . during the time of the deponent his abode in holland , tho he had several letters from shepard , yet there was no satisfactory account , till some time after the deponent parted from the earl of argyle , and was making for a ship at rotterdam to transport himself to england . james steuart wrot to him that there was hopes of the money . the next day after the deponent came to england , he met with sir john cochran , who , with commissar monro , and jerviswood , was at london before he came over ; and depons , that he knows not the account of their coming , more then for the perfecting the transaction about carolina : and having acquainted sir john cochran with the earls demands of the pound sterling and the . horse and dragoons , sir john carried him to the lord russel , to whom the deponent proposed the affair , but being an absolute stranger to the deponent , had no return from him at that time ; but afterwards having met him accidently at mr. shepards house , where he the lord bussel had come to speak to shepard about the money abovenamed , as mr. shepard told the deponent . the deponent ( when they were done speaking ) desired to speak to the lord russel , which the lord russel did , and having reiterate the former proposition for the . pound sterling , and the . horse and dragoons , he the lord russel told the deponent , they could not get so much raised at the time , but if they had . pound to begin , that would draw people in , and when they were once in , they would soon be brought to more ; but as for the . horse and dragoons , he could say nothing at the present , for that behoved to be concerted upon the borders . the deponent made the same proposal to mr. ferguson , who was much concerned in the affair , and zealous for the promoving of it . this mr. ferguson had in october or november before , as the deponent remembers in a conversation with the deponent in cheap-fide , or the street somewhere thereabout , said , that for the saving of innocent blood , it would be necessary to cut off a few , insinuating the king and duke , but cannot be positive whether he named them or not , to which the deponent said , that 's work for our wild people in scotland , my conscience does not serve me for such things ; after which the deponent had never any particular discourse with ferguson , as to that matter ; but as to the other affair , ferguson told the deponent that he was doing what he could to get it effectuate , as particularly that he spoke to one major wildman who is not of the deponent his acquaintance . ferguson blamed always sidney , as driving designs of his own . the deponent met twice or thrice with the lord melvil , sir john cochran , jerviswood , commissar monro , the two cessnocks , mongomery of langshaw , and one mr. veitch , where they discoursed of money to be sent to argyle , in order to the carrying on the affair , and tho he cannot be positive the affair was named , yet it was understood by himself , and as he conceives by all present , to be for rising in arms , for rectifying the government . commissary monro , lord melvil , and the two cessnocks were against medling with the english , because they judged them men that would talk , and would not do , but were more inclined to do something by themselves , if it could be done . the lord melvil thought every thing hazardous , and therefore the deponent cannot say he was positive in any thing , but was most inclined to have the duke of monmouth to head them in scotland , of which no particular method was laid down . jerviswood , the deponent , and mr. veitch , were for taking money at one of these meetings . it was resolved , that mr. martin , late clerk to the justice court should be sent to scotland , to desire their friends to hinder the countrey from rising , or taking rash resolutions upon the account of the council , till they should see how matters went in england . the said martin did go at the charges of the gentlemen of the meeting , and was directed to the laird of polwart and torwoodlie , who sent back word that it would not be found so easie a matter to get the gentrie of scotland to concur : but afterwards in a letter to commissar monro , polwart wrot that the countrey was readier to concur than they had imagined , or something to that purpose . the deponent , as above-said , having brought over a key from holland , to serve himself and major holms : he remembers not that ever he had an exact copy of it , but that sometimes the one , sometimes the other keeped it , and so it chanced to be in his custody when a letter from the earl of argyle came to major holms , intimating , that he would joyn with the duke of monmouth , and follow his measures , or obey his directions . this mr. veitch thought fit to communicate to the duke of monmouth , and for the understanding of it was brought to the deponent , and he gave the key to mr. veitch , who as the deponent was informed , was to give it and the letter to mr. ferguson , and he to shew it to the duke of monmouth ; but what was done in it , the deponent knows not . the deponent heard the design of killing the king and duke , from mr. shepard , who told the deponent some were full upon it . the deponent heard that aron smith was sent by those in england to call sir john cochran , on the account of carolina , but that he does not know aron smith , or any more of that matter , not being concerned in it . shepard named young hamden frequently as concerned in these matters . signed at edinburgh castle , the . of september , . and renewed the of the same moneth . william carstares . perth cancell . i. p. d. edinburgh castle september . mr. william carstares being again examined , adheres to his former deposition , in all the parts of it , and depones he knows of no correspondence betwixt scotland and england , except by martin before named ; for those gentlemen to whom he was sent , were left to follow their own methods . veitch sometimes , as the deponent remembers , stayed sometimes at nicolson , stabler●s house , at london-wall ; sometimes with one widow hardcastle in more-fields . the deponent did communicate the design on foot to doctor owen , mr. griffil , and mr. meed , at stepney , who all concurred in the promoting of it , and were desirous it should take effect ; and to one mr. freth in the temple , councellor at law , who said that he would see what he could do in reference to the money , but there having gone a report , that there was no money to be raised , he did nothing in it ; nor does the deponent think him any more concerned in the affair . nelthrop frequently spoke to the deponent of the money to be sent to argyle , whether it was got or not , but the deponent used no freedom with him in the affair . goodenough did insinuate once , that the lords were not inclined to the thing , and that before , they would see what they could do in the city . the deponent saw mr. ferguson , and mr. rumsay , lurking after the plot broke out , before the proclamation , having gone to ferguson , in the back of bishopsgate-street , at some new building , whether he was directed by jerviswood , who was desirous to know how things went. rumsay was not of the deponent his acquaintance before , but they knew as little of the matter as the deponent . this is what the deponent remembers , and if any thing come to his memory , he is to deliver it in betwixt ▪ and the first of october . and this is the truth , as he shall answer to god. william carstares perth , cancell . i. p. d. at edinburgh , the . of december , . these foregoing depositions , subscribed by mr. william carstares deponent , and by the lord chancellor , were acknowledged on oath by the said mr. william carstares , to be his true depositions ; and that the subscriptions were his , in presence of us undersubscribers . william carstares . perth cancell . david falconer . george mckenzie , queensberry . athol . his majesties advocat for further probation , adduces the examinations of mr. shepard , taken before sir leolin jenkins secretary of state for england , with the information or deposition of mr. zachary bourn , relating to the plot , sign'd by him and secretary jenkins , of which depositions the tenors follow . the examination of thomas shepard of london merchant , taken upon oath before the right honourable sir leolin jenkins knight , his majesties principal secretary of state , the . day of december . . the deponent saith , that ferguson told him on , or about the moneth of april last , that an insurrection was intended both in england and in scotland , and that for the settling that affair betwixt the two nations , mr. baillie , mr. monro , sir john cochran , sir hugh and sir george campbels , with some others ( whose names this deponent heard not ) were come to london . that the deponent had some acquaintance with mr. baillie , mr. monro , and sir john cochran , and none at all with sir hugh and sir george campbels ; that mr. baillie told the deponent , that the earl of argile demanded thirty thousand pounds of the english to capacitat him to begin the business effectually in scotland , and that he the said baillie likewise told the deponent , that having concerted things with the lord russel and others , he the said baillie found an impossibility of raising that sum ; after which the said baillie had acquainted the deponent , that they were certainly promised ten thousand pounds , which sum was agreed to be payed into the deponents hands , in order to be remitted into holland , for the providing of arms ; and that the said baillie told the deponent at divers times , that the said sum , or at least one half of it would be payed such a day , and such a day ; and sometimes asked the deponent , if he had received any part of the said money , to which the deponent replyed that he had not , and that he the deponent scarce thought any would be payed . and the deponent also saith , that having had some little conversation with sir john cochran , he remembers well , that both of them did sometimes lament the delays in not paying in the money , and said , that although the said ten thousand pounds were pay'd in , they , the said sir john cochran and mr. monro , fear'd it would be too little ; and this deponent further sayeth not , as to any new matter . but the deponent being asked , to explain what he thought was meant by the words above written , vi●s , to capacitat him ( the earl of argile ) to begin the business , he , this deponent sayeth , that he did understand by the word business , an insurrection in scotland . sic. subscribitur , thomas shepard . jurat coram . l. jenkins . the information of zachary bourn of london , brewer ▪ taken upon oath , the tenth day of december . before the right honourable mr. secretary jenkins . the informant deposeth , and sayeth , that mr. baillie sat up one night , if not two , with mr. ferguson , and went several times in the evening with him to the duke of monmouth , and the chief mannagers of the conspiracy ; that ferguson told the deponent , that he the said baillie was the chief man for the scots , next to the lord argile ; that the said , baillie did sit up the greatest part of one night , with the said ferguson ; at which time this deponent believeth they were busie in preparing the intended declaration , which the deponent has the more reason to believe , in as much as the said ferguson did go about to show him the deponent , such a paper , wherein the said ferguson was hindered by the coming up stairs of some person , to speak with the said ferguson , that the said ferguson told the deponent , that the main business of the said baillie , in meeting the saids conspirators , was in order to get from them the ten thousand pounds , promised for the buying of arms ; for the insurrection intended in scotland . that the deponent saw mr. william carstares come often to the lodgings of the said ferguson ; but that the said ferguson never told the deponent of any discourse held by him with the said carstares : and further this deponent saith not . sic subscribitur , zac. bourn . jurat coram . l. jenkins . his majesties advocat likewise produced several warrands , and papers to prove , that those depositions are sign'd by sir leolin jenkins . his majesties advocat also produced the books of adjournal , bearing mr. william veitch to be a forefault traitor , and the act of parliament whereby the forefaulture is ratified . his majesties advocat's speech to the inquest . my lords and gentlemen , you have now a conspiracy against his majesties sacred person , and royal government , so fully discover'd , that they must want reason as well as loyalty , who do not believe the discovery ; and they must be enemies to sincerity , as well as to the king , who do not acknowledge it . beside , that the councils of all the three nations , thought the proof sufficient , for indicting a general thanksgiving through all these nations ; and that the judges of england thought the same strong enough to infer forefaulture of life and estate , against some of all ranks there ; you have a discovery made here from the late e. of argiles own letters , and the confession of his own emissaries , the two surest proofs that law ever invented , or the nature of humane affairs can allow ; and i am this day to add to all this , a new sett of proofs in the process that i now lead against this pannal , from the confessions of noblemen and gentlemen , who have been engaged in this wicked conspiracy ; and who from a sense of their guilt , are content freely to depose against their nearest relation , and their most intimate friend , in which having thus cleared to you , that there was really such a conspiracy , i shall , in the next place , proceed to prove this pannals accession to it . it cannot be imagined , that we would willingly involve our countrey men in it , without a conviction stronger then our kindness to scotland ; nor did his majesties servants accuse this pannal , without the opinion of the ablest lawyers of the kingdom , who did ▪ with them concur , to think that there was not the least occasision of doubting left , to the most indifferent inqueist of his guilt , after they had seriously , and with reflection , read over , and pondered the probation now laid before you : the person accused of accession to this cryme is the ring-leader of all those , who in this kingdom concurr'd with the english conspirators , as you may see by the testimonies of all who have deposed ; and it was indeed sit and just to begin with the most guilty , so that if he be not convicted , there should no man be punished for this conspiracie ; all the noise we have heard of it , is but a cheat , the kings judges have been murderers , all the witnesses have been knaves , and such as dyed for it have been martyrs . the accession charged on this pannal , is not an accidental escape , nor is it proved by witnesses , who can be suspected of unkindnes to his person , or his cause , for it is a long tract of a continued design , gone about with the greatest deliberation and concern imaginable , and proved by his nearest relations , and persons so deeply engadged in that cause , ( for which he suffers , ) that they were content with him to venture their lives and fortunes in that quarrel . he is not accused of a crime that can amount only to a single murder , though that be a dreadful cryme , but a rebellion , which was to draw upon us a civil war , that murder of murders , in which hundreths of thousands were to fall ; and to crown all , he was to begin , and to be the chief promoter of a rebellion , in which one of the first steps was to kill his sacred majestie , and his royal brother ; and one of the chief witnesses which i have led against him , is bourn , which bourn confessed that he was to kill the king , and who confesses the pannal sat up several nights with ferguson , the other contriver of the kings murder , and so familiar was he with him , that bourn depons , that the said pannal had been with ferguson ▪ at the drawing of the manifesto , whereby he was not only to be an actor , but to be the justifier of that horrid villanie : and therefore bourns depons , that ferguson , ( the best judge in that case ) looked upon him as the chief man , next to argyle ; but because no man is presumed to go to such a hight , without previous inclination and motives , i shall to convince you , that this gentleman was very capable of all that was lybelled against him , remember you , that he is nephew , and son in law to the late war●stoun , bred up in his family and under his tutory ; about the time of this plot it was undenyably known , and is now sufficiently proved , by two present witnesses , the earl of tarras and commissar monro , that he thought himself desperat , knowing himself to be guilty of treason by blackwoods case ; and as it 's presumable , that a man that 's guilty of one point of treason , will commit another ; so when a man is desperat as to his life and fortune , he is capable of any thing ; he was likewise animated to commit this cryme , by the intelligence he had that there was a plot in england , carryed on by men of so great parts , fortune and influence , and by the too probable hopes , that they would get all the western shires to joyn with them here , because of the common guilt , in which they had engadged themselves , by their late extravagances , they made and account of an assistance of twenty thousand men ; and by philiphaughs deposition , that these gentlemen expected the concurse of the southern-shires ; and thus , i am to prove to you a cryme , which is in it self , so probable and liklie , that it should need little probation , tho i have adduced for your conviction sufficient evidences , albeit the cryme were in it self very unliklie . the crymes which i hope i have proved , are , that jerviswood the pannal transacted for money to the late earl of argyl , a declared traitor . . that he designed to raise a rebellion . . that he intercommuned with the earl of argyle and mr. veitch declared traitors . . that he was present , where it was treated , either that argyle should have money from the english and assistance from scotland , or that a rebellion should be raised , and that he did not reveal the samine ; and all these being found relevant separatim , it is sufficient for me to have proved any one of them . and if a gentleman was lately found guilty of high-treason , by the opinion of all the lords of session , for not revealing , that sir john cochran sought fifty pound sterling from him , though he refused the same , and tho he believed , it was sought for a charitable subsistance to preserve him from starving ; what deserves this pannal , who sought thirty thousand pound sterling , to buy him arms , to invade his native countrey ? that jerviswood was designing to carry on a rebellion , or at least was accessory , or ( as our law terms it ) was art and part thereof , is clearly prov'd ; but that in this occult and hidden crime , which uses not to be prov'd by clear witnesses ; i may lead you thorow all the steps of the probation , which like the links of a chain , hang upon one another . you will be pleased to consider , that . it is proved that he desired a blind commission to go to england , not to manage the affairs of the carolina company , as he confess'd , but to push the people of england to do something for themselves , because they did only talk and not do ; and what he would have them to do , appears too clearly , because he tells the earl of tarras it was probable , that if the king were briskly put to it by the parliament of england , he would consent to exclude the duke from the succession : here is not only a treasonable design , ( though a design be sufficient in treason ) but here are express acts of treason proved , viz. the treating with the earl of tarras upon this design , the settling a correspondence with him for the prosecution of it , and the writing letters from london to him concerning it , and the sending down mr. martin to compleat it by a general rising : as he design'd to push on the english , so he prosecutes closely this design upon all occasions . on the road he complains cunningly and bitterly , that our lives , laws and liberties , and the protestant religion were in danger , the stile and method of all such as design to rebel ; after he arrives at london , he engages the conspirators there to assist the late earl of argile ▪ a declar'd traitor , with money to buy arms ; this was indeed to push the english to do the most dangerous things by the most dangerous man ▪ and in the most dangerous methods . he enters also in a strict correspondence with ferguson the contriver ▪ with shepard the thesaurer , and carstares the chaplain of the conspiracy . alexander monro another present witness , proves that he argued with him , that it was necessary to give argile money expressly for carrying on the rebellion , and that they did meet at jerviswoods chamber where this was spoke of , and from which mr. robert martin was sent to their friends in scotland to know what they would do ; and though the silly caution was , that they sent him to prevent their rising , yet a man must renounce common sense , not to see that the design was to incite them to rebellion , and to prevent only their doing any thing in this rebellious design , by which they might lose themselves in a too early and abortive insurrection here , till things were ready in england . for , . this comission was given him in a place , and by a company who had been themselves treating immediatly before of sending money to the late e. of argile to buy arms , and certainly those arms were to be bought for men , and not for a magazine . . they were treating how many men could be raised in scotland . . carstares deposition bears , that martin was sent to hinder rash resolutions , till they saw how matters went in england , and the return to their embassy bore , that it would not be an easie matter to get the gentry of scotland to concur ; but afterwards better hopes of their rising was given , which could not have been , if the true commission had not been to raise scotland . . that sir john cochran made a speech to that purpose , is expressly prov'd , and that jerviswood spoke to the same purpose , is prov'd by a necessary consequence ; for since it 's prov'd that he spoke , and that he did not speak against it , it must necessarily follow that he spoke for it , though the witness is so cautious , that he cannot condescend upon the words now after so long a time ; and it is against sense to think , that jerviswood who in privat press'd the same so much upon commissar monro , and who was the deacon-conveener here , and who , as mr. martin their envoy declared , was the person who was to be sent for the arms , should not himself have been the most forward man in that design , but above all exitus acta probat , this commissioner , ( who being a meer servant , durst not have proposed any thing from himself , being a mean person , and being one , who , as the earl of tarras deposes , would say nothing , but what was in his paper : ) does expresly declare , that he came from jerviswood and others ; and in the meeting with him , a rebellion is actually formed , and it is resolved , they should seize the king's officers of state , garisons , and forces , and that they should joyn with the late e. of argyle , and put their own forces in a condition to joyn with these forces that were to come from england , and they gave a sign , and a word , which uses only to be done in actual war ; so here is treason clearly prov'd , by two present witnesses , from the first design to it's last perfection . nor can it be objected , that they are not concurring witnesses , but testes singulares upon separat acts , for in reiterable crimes , witnesses deposing upon different acts ; do prove if the deeds tend to the same end ; as for instance , if one witnes should depose , that they saw a traitor sit in a council of war , in one place , and in another place , they saw him in arms , or that one saw him assist at a proclamation in one place , and saw him in arms in another ; or that one saw him writ a treasonable paper , and another saw him use it ; these witnesses are still considered as contestes , or concurring witnesses , and ten or twelve inqueists have so found , and upon their verdict , rebells have been lately hang'd . the learn'd judges of england being all met together did expresly find , that one witnes proving , that a. b. said , that he was going to buy a knife to kill the king , and another deposing , that he saw him buy a knife , without telling for what , that these two witnesses were contestes , and prov'd sufficiently the cryme of treason , yet there the one witnes , prov'd only a remote design , and the other an act , which was indifferent of it's own nature , and became only treasonable by the connexion ; but no vvitnesses ever deposed upon things so coherent , and so connected together , as these do , for they depose still upon the same person , carrying on the same design of a rebellion ; as to which , in one place , he is exciting his own nephew , and telling him his resolutions , and settling a correspondence with him , at another time , he presses commissar monro to the same rebellion . at a third , he holds a meeting at his own chamber , and speaks concerning it , and from that meeting , he sends a trusty , who formes the rebellion . besides all this , tho two vvitnesses be sufficient , i have adduced mr. william carstares chief conspirator , and who choos'd rather to suffer violent torture , than to disclose it , he likewise deposes upon all these steps , and connects them together , and this his deposition is twice reiterated , upon oath , after much premeditation . and i likewise adduce two depositions taken upon oath , by sir leolin jenkins , who was impower'd by the law of england , and at the command of the king , and the council of england , upon a letter from his majesties officers of state here , in which deposition , shepard , one of the vvitnesses , deposes , that baillie came frequently to him , and desired him to advance the money , and lamented the delays , and that there was so little to be advanced ; and who should be better believed then one who was his own trustie , and a person who was able to advance so great a sum ; bourn , another of the vvitnesses , deposes , that ferguson told him , that the pannal spoke frequently to him concerning the same money , and that he sat up several nights with ferguson upon the said conspiracy ; and who should be better believed then fergusons confident , and one who was so far trusted in the whole affair , that he was to take away that sacred life , which heaven has preserv'd by so many miracls . against these three depositions , you have heard it objected , that non testimonia sed testes probant , especially by our law , in which , by an express act of parliament , no probation is to be led , but in presence of the assise and pannal . to which it is answered , that these depositions are not meer testimonies ; for i call a testimony , a voluntar declaration , emitted without an oath , and a judge ; but these depositions are taken under the awe of an oath , and by the direction of a judge . ● shepard was confronted with the pannal himself , and he had nothing to say against him ; whereas the great thing that can be objected against testimonies ( and by our statute especially ) is , that if the party who emits the testimony had been confronted with the pannal ; the impression of seeing a person that was to die , by his deposition , would have made him afraid to depose laxly ; and the pannal likewise might , by proposing interrogators and questions , have cleared himself , and satisfi'd the judges in many things depos'd against him : but so it is that mr. shepard having been confronted with the pannal , before the king himself , who is as far above other judges , in his reason and justice , as he is in his power and authority ; he deposes that the pannal was the chief mannager of this conspiracy , next to argile , and that he was so passionat to have this money to buy arms , that he lamented the delays ; and can it be imagined that mr. shepard whom he trusted with his life and his fortune , and whom all their party trusted with their cash , would have depos'd any thing against him that was not true , especially when he knew that what he was to depose , was to take away his life and his fortune ; or that if the pannal had been innocent , he would not when he was confronted with mr. shepard , before the king himself , have roar'd against mr. shepard , if he had not been conscious to his own guilt . there is a surprise in innocence , which makes the innocent exclaim , and it inspires men with a courage , which enables them to confound those who depose falsly against them ; and in what occasion could either of these have appear'd , more than in this , wherein this gentleman was charg'd to have conspir'd with the greatest of rascals , against the best of princes ; and that too in presence of the prince himself , against whom he had conspir'd , but guilt stupifies indeed , and it did never more than in this gentlemans case , whose silence was a more convincing witness than mr. shepard could be mr. carstares likewise knew when he was to depone , that his deposition was to be used against jerviswood , and he stood more in awe of his love to his friend , than of the fear of the torture , and hazarded rather to die for jerviswood , than that jerviswood should die by him : how can it then be imagin'd , that if this man had seen jerviswood in his tryal , it would have altered his deposition ; or that this kindness , which we all admir'd in him , would have suffer'd him to forget any thing in his deposition , which might have been advantageous in the least to his friend : and they understand ill this hight of friendship , who think that it would not have been more nice and careful , than any advocat could have been : and if carstares had forgot at one time , would he not have supplyed it at another ; but especially at this last time , when he knew his friend was already brought upon his tryal : and that this renew'd testimony was yet a further confirmation of what was said against him ; and albeit the kings servants were forced to engage , that carstares himself should not be made use of as a witness against jerviswood ; yet i think this kind scrupulosity in carstares for jerviswood , should convince you more than twenty suspect , nay than even indifferent witnesses ; nor can it be imagined , that the one of these witnesses would not have been as much afraid of god , and his oath at london , as at edinburgh ; and the other in the council-chamber in the forenoon , as in the justice-court in the afternoon . . the statute founded on , does not discharge the producing of testimonies otherways than after the jury is inclos'd ; for then indeed they might be dangerous , because the party could not object against them : but since the statute only discharges to produce writ , or witnesses , after the jury is inclos'd ; it seems clearly to insinuat , that they ought to prove when they are produc'd in presence of the party himself , as now they are . and though the civil law did not allow their judges to believe testimonies , because they were confin'd to observe strict law ; yet it does not from that follow , that our juries , whom the law allows to be a law to themselves , and to be confin'd by no rule , but their conscience , may not trust intirely to the depositions of witnesses , though not taken before themselves , when they know that the witnesses , by whom , and the judges , before whom these depositions were emited , are persons beyond all suspition , as in our case . but yet for all this , i produce these testimonies , as adminicles here only to connect the depositions of the present witnesses , and not to be equivalent to witnesses in this legal process ; albeit , as to the conviction of mankind , they are stronger than any ordinary witnesses . when you , my lords and gentlemen , remember that it is not the revenge of a privat party , that accuses in this case ; and that even in privat crimes , such as forgery , or the murder of children , &c. many juries here have proceeded upon meer presumptions , and that even solomon himself , founded his illustrious decision , approv'd by god almighty , upon the presum'd assertion of a mother ; i hope ye will think two friends deposing , as present witnesses , adminiculated and connected by the depositions of others , though absent ; should beget in you an intire belief , especially against a pannal , who has been alwayes known to incline this way , and who , though he was desired in the tolbooth to vindicat himself from those crimes , would not say any thing in his own defence , and though he offers to clear himself of his accession to the kings murder , yet sayes nothing to clear himself from the conspiracy entered into with the late earl of argile , for invading his native countrey , which is all that i here charge upon him , and which he inclines to justifie , as a necessary mean for redressing grievances ; i must therefore remember you , that an inquest of very worthy genlemen did find rathillet guilty , tho there was but one witness led against him , because when he was put to it , he did not deny his accession : and two rogues were found guilty in the late circuit at glasgow , for having murdered a gentleman of the guard , though no man saw them kill him ; but the murderers having been pursued , they run to the place out of which the pannals then accused were taken , none having seen the face of the run-aways ; and the pannals being accus'd , and press'd to deny the accession , shun'd to disown the guilt , but desired it might he proved against them . this may convince you that there are proofs which are stronger then witnesses ; and i am sure that there were never more proving witnesses then in this case , nor were the depositions of witnesses ever more strongly adminiculated . remember the danger likewise of emboldening conspiracies against the kings sacred life , and of encouraging a civil war , wherein your selves and your posterity may bleed , by making the least difficulty to find a man guilty by the strongest proofs that ever were adduced in so latent a crime as a conspiracy is . and i do justly conclude , that whoever denys that a conspiracy can be thus prov'd , does let all the world see that he inclines that conspiracies should be encouraged and allow'd . our age is so far from needing such encouragements , that on the other hand ▪ in this , as in all other crimes , because the guilt grows frequent and dangerous , the probation should therefore be made the more easie , tho in this case the king needs as little desire your favour , as fear your justice . and i have insisted so much upon this probation , rather to convince the world of the conspiracy , than you that this conspirator is guilty . thereafter the lords ordained the assize to inclose , and return their verdict to morrow by nine a clock in the morning . edinburgh , december . the said day , the persons who past upon the assize of mr. robert baillie of jerviswood , return'd their verdict in presence of the saids lords ; whereof the tenor follows . the assize , all in one voice , finds the crimes of art and part in the conspiracy , and plot libelled ; and of concealing , and not revealing the same , clearly proven against mr. robert baillie the pannal , in respect of the depositions of witnesses and adminicles adduced . sic subscribitur , strathmore chancellor . after opening and reading of the which verdict of assyze , the lords , justice general , justice clerk , and commissioners of justiciary , therefore , by the mouth of james johnstoun dempster of court , decerned and adjudged the said mr. robert baillie of jerviswood to be taken to the mercat cross of edinburgh , this twentie fourth day of december instant , betwixt two and four a clock in the afternoon , and there to be hanged on a gibbet till he be dead , and his head to be cut off , and his body to be quartered in four , and his head to be affixt on the nether-bow of edinburgh , and one of his quarters to be affixt on the tolbooth of jedburgh , another on the tolbooth of lanerk , a third on the tolbooth of air , and a fourth on the tolbooth of glasgow ; and ordains his name , fame , memory , and honours to be extinct , his blood to be tainted , and his arms to be riven forth , and delate out of the books of arms , so that his posterity may never have place , nor be able hereafter to bruik , or joyse any honours , offices , titles or dignities , within this realm in time coming ; and to have forfaulted , ammitted and tint all and sundry his lands , heritages , tacks , steadings , rooms , possessions , goods and gear whatsoever , pertaining to him , to our soveraign lords use , to remain perpetually with his highness , in property , which was pronunced for doom . sic subscribitur . linlithgow . james foulis , i. lockhart , david balfour , roger hog , al. seton , p. lyon. extracted forth of the books of adjournal , by me mr. thomas gordon , clerk to the justice court , sic subscribitur : tho. gordon in pursuance of which sentence , his majesties heraulds , and pursevants , with their coats display'd ( after sound of trumpets , ) did publickly , in face of the court ( conform to the custom , in the sentences of treason ) in his majesties name and authority , cancel , tear and destroy the said mr. robert baillie his arms , threw them in his face , trampl'd them under foot ; and ordain'd his arms to be expunged out of the books of herauldry , his posterity to be ignoble , and never to injoy honour and dignity in time coming : and thereafter went to the mercat-cross of edinburgh , and solemnly tore and cancelled the said mr. robert baillie his arms , and affixed the samine on the said mercat-cross reversed , with this inscription ; the arms of mr. robert baillie late of jerviswood traitor . finis . notes, typically marginal, from the original text notes for div a -e nota , that the ●arl of tarras de●on'd nothing a●ainst jerviswood ●ut what the other ●wo witnesses de●on'd against him●elf before the try●l , and upon which ●hereafter they be●ng renew'd , the earl was forfault●d ; so that there ●ould be no ground ●f suspicion from ●is circumstances . an historical review of the late horrid phanatical plot in the rise, progress, and discovery of the same. f. n. w. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an historical review of the late horrid phanatical plot in the rise, progress, and discovery of the same. f. n. w. [ ], p. printed for arthur jones ..., london : . reproduction of original in bodleian library. attributed to f.n.w. cf. bm. epistle dedicatory signed: f.n.w. errata p. . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . james -- ii, -- king of england, - . rye house plot, . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an historical review of the late horrid phanatical plot , in the rise , progress , and discovery of the same . london , printed for arthur jones at the flying-horse near st. dunstan's church in fleetstreet . . to the right worshipful , sir peter daniel , knt. alderman and sheriff of the city of london . sir , i am not insensible , how great a presumption i commit , in casting my self and the ensuing treatise at your feet : nor without a great measure of confidence , ( which your repeated favours have often emboldned ) should i ever have attempted the same : for which , as in the first place , i am obliged to entreat your pardon , so in the next , your acceptance . as inducements whereunto , i have no gilded commendations to adorn the present , no flowers of rhetorick or eloquence to embellish the same ; all that i can say in its behalf , being no more than what the loyalty of my intentions was , in writing it ; i did it for a good end , to expose the nations worst enemies , and unriddle their plots and conspiracies . and tho hereby i 'm assured of contracting the ill-will and censure of too many , who are , and ( in spight of heaven it self , ) will continue incorrigible , i shall despise their malice , and under the umbrage of your patronage rest secure . nor indeed , could i ever have made choice of a better security to defend my well designed , tho mean , performances , then prefixing your name thereunto ; all good and loyal men revere it , and the worst have an awe and regard for 't ; so strong are the charms of vertue , that where she cannot absolutely conquer inbred and establisht vice , yet the most vicious esteem the victor , and in their hearts acknowledg her powers . your early loyalty triumphed in the worst of times , when goodness was out of fashion , you wore it ; the prevailing faction could neither shame nor fright you , and your practice made good your own maxim , that steady loyalty is the surest foundation of the kingdoms felicity . but pardon me , ( dear sir , ) if i break off in a theme i could never say enough , and all that could be said , were much too little , and give me leave to conclude with my wishes , for your temporal and eternal happiness , who am your obliged , and humbly devoted , servant , f. n. w. an historical review of the late horrid phanatical conspiracy , &c , as previous to the relation of the late phanatical plot , to shew the unreasonableness , as well as impiety of the same ; it will not be unnecessary to take a short scheme of the times wherein the same happened . to which end , we need look no further back in our annals , then the days we have lived in , nor certainly can we meet with in all the past records of ours or any other nations , any instances of ills so infamously notorious as those which these may afford us , pretermitting such which an act of oblivion did but too mercifully bury in silence , tho our memories cannot obliterate the same , seeing the like actors , and actions designed on our present theatre , as fatally made up the tragedy of our late disasters , which brought as well the best of kings to the ax , as the best of governments to anarchy and confusion . the night of suffering under which we then lay , was so long and tedious , that our hopes were almost inveloped in its shades , and despair had got so strong a possession of our spirits , that we lay groaning under our burthens , with tempers as unactive and frozen , as slavery , and fear could make them ; to complain was a crime , to redress , a treason ; the first a certain forseit of our estates , the latter of our lives . when providence , almighty providence , for no less could finish our redempton , raised up our beteared eyes , to behold the day-star , which ushered in the morning of that felicity , we have since enjoyed in the happy restauration of his majesty . a day which in all future ages will be certainly recorded amongst the most fortunate , this isle was ever blest with . a day wherein religion and monarchy , like two winter'd roots that had been long buried in the grave of earth , began to sprout , and put on the springing livery of summer , and increase . a day wherein right , like an intercepted current , flowed again in its own channel , and visited those banks from which it had been so long estrang'd . our churches reduced from stables , and garrisons to the temples of the omnipotent : our benches from seats of injustice , to those of law , equity and conscience : our preachers disarrayed of their buss , disarmed of their swords and discarded from these pretences , to give place to the judicious and pious . our doctrines purged of schism , and heresy , and in short , whatever was in it self relig●ous , peaceable , just , and righteous , took the upper hand of atheism , hypocrisy , confusion , and deceit . nor was the shine of this glorious hour like the promising beams of a beauteous morning , which was soon overshadowed by the rising clouds of a weeping noon , but so settled , and established , were its resplendent rays , that under the universal influences thereof , our vineyards increased , and our barns were fill'd with the replenished harvest of all sorts of happiness , in so great a measure , that certainly no nation in the whole universe , not our own in the most celebrated times of peace , and plenty , could ever boast the like . 't was then we began to see the difference between a tyrant that had usurped his masters throne by feigned artifices and injurious arms , and preserved the same by close impiety , and holy cheats , and a lawful prince , whose undoubted right gave him as indisputable a title thereunto , as his merits have since shown him worthy thereof . the noise of war , and bloodshed , was drown'd in the still waves of slowing peace , no seige alarm'd the muses palace or dispers'd their votaries , the citizen was fearless of , and safe from plunder , the plough-man unaffrighted could sing at his labours , knowing his propriety to their increase , and each man under his own vine , bless the patron of their safety . happy , happy , had we been , could we have been thus contented ; but so luxuriant is the temper of too many amongst us , that heaven it self should it have showred down gold into their chest , and treated them with celestial viands , yet they alas ! would never have been contented , but like the murmuring israelites , in prospect of their canaan , have lookt querulously back to their egyptian bondage , and longed for the onyons , and garlick , they there fed on ; a greater instance of which i would boldly challenge all histories to give me an account of , then this which now employs my pen , which , i 'me affraid , will scarce in future ages receive its due credit , it being so unreasonable in it self , and so impious in its design ; a design not only to have destroyed the ancient government of three realms , the established form of the best religion , and the continued calm and serenity , we had so long enjoyed even then , when christendom was embroyled in blood and arms , and scarce one corner of the european world , besides our own , was disengaged ; but also that great and merciful monarch , kind as a giving god , and bounteous as heaven , who preserved the first , encouraged the second , and held the ballance of the last impardonable ingratitude ! by what name shall i stile thee ? by what title shall i distinguish thee from those lesser crimes that fill the legends of the infernal deeps ? to call thee rebellion , or treason , how insignificant is the name ? these imply some cause , some oppression to instigate them ; thine had none , unless thy too great tranquillity , and increase pampered thee , and like the ass in the fable , thou spurnest thy feeder , tell me ye unsatisfied , can any of you complain that you were hardly used ? did you ever in vain implead for your own , and return from the courts of justice without redress ? did you ever lament the loss of any thing that was tortously wrested from your possession ? were you ever plundered , or sequestred , imprisoned , or enslaved , banished or ruined ? you cannot be so impudently , so notoriously base , to answer in the affirmative ; no , 't was the lust of power inticed you , and the embraces of a throne , that your arms sought after , whilst the gay delusion , like the wandring fires that misguide the nighted traveller , lead you on through boggs , and quagmires , where , that you might the more safely pass , you disburthen'd your selves of those unnecessary loads of religion ▪ and conscience that might retard you , and changed the substantial part thereof , for shadows and paints that deceive the spectators , and are less troublesom to the bearer ; wherefore to undeceive those whom your false ▪ appearances have missed , i shall hereby endeavour to expose the nakedness of your ends in the repetition , of what in matter of fact , hath been obviously enough proved , and collect in a few sheets the work of volumes ; to begin therefore with the miraculous discovery of the late popish plot , as the same was generally esteemed , a work of omniscient power , so did his majesty , and the great council of the nation , as became wise , and just governours , take the same into examination , and prob'd the wound to its full depth , applying fit remedies thereunto for its cure , not only by cutting off the proud flesh that grew about it , but also healing up the breach it had made , and purging the state of that body politick , it had reach'd from the remaining infections , the same by a new relapse might have fell into , by such wholesom and proper methods , as the quality of the distemper required ; when instead of resting satisfied therewith , the dissenting part of the nation ( under which title i may justly rank the whole phanatical sect ) like ignorant quacks fell out with the prescriptions , and if they could not be admitted to destroy the patient by their unskil'd preparations , nothing less would serve their ends . hence it was they began to assume to themselves that liberty , of aspersing their superiours , in common prints , libels , and pasquils at their very gates , whilst their coffee-houses , and tables afforded no other discourse then the wise methods of altering the fundamental , and integral parts of that government they lived under , nor could any man speak his own judgment , if the same was not tun'd to their lyre , and danc'd to their extravagant measures , at no less rates than the hazard of his liberty , & pennance to boot ; incomparable justice ! the peoples magna charta , and the multitudes by law ; yet such were the only patriots who owned it , such the defenders of our property , who intruded most arbitrarily upon it , and those the honest preservers of our freedom , who thieved it from us , till the insolency of the populace was grown to that height , our great master was threatned by it through the side of his royal brother , & forced at last to say , as the almighty to the dissenting waves , warring against the establisht shore , hitherto shall ye go , and no farther . nor was it less then necessary , to prevent the inundation of that throne , on which he sat ; but as the waves , when so stopt , murmur against the shore that bounds them , and dash their sawcy billows at it's imperial feet , so did the clamorous and ill manner'd vulgarity , by bold , and charter forfeiting petitions , stuft with little less then treason , and sufficiently with scandal , approach the sacred seat of majesty ; which , i 'me afraid , too many of them thought too strongly fixt ; and though the general cry was religion , property , and a parliament , 't was a common wealth at the bottom , and nothing less would satisfie this all asking party . why otherwise should they stand in open defiance , against such very acts their own representatives had upon mature and serious deliberations confirmed , as particularly those which were made against the nonconformists , and schismaticks , to which either no respect is to be had to those assemblies that constituted the same , or those laws are fit , and just ; and why they should be so severe against them , in the days of queen elizabeth , before such time as they had broke out into an open rebellion , and should now remit of their severity , when by frequent rebellions and extravagant books , and sermons , they had incorporated those dreadful principles inconsistent with all governments , into the body of their divinity , i see not the least umbrage of reason for — but alas , they care no more for parliaments then kings , and think them only infallible , when like themselves they connive at pulling down all right , religion , and order , as some did but too nearly accomplish . as a system of which principles , i think not improper to insert an expression in the prayer of one of their celebrated divines , since fled for a scotch traytor , just about such time as the westminster parliament was dissolved , after some incouragement of the people to be unannimous against the so much feared popish doctrines , and counsels — oh lord , pursues he ! if thou hast design'd this spot , this little spot england , as the scene on which the battles of christ , and antichrist is to be fought , let us have the honour of it , and begin quickly , let this be called the valley of the valley of decision : judg then you , who will not be blinded , with what was most aimed at , and wonder no more that at the next meeting of that grand assembly at oxford , such troops of colledges , and swords-men , attended the same , they hovered there like vultures over the field of gathered warriours , expecting the news of battle and slaughter , to satisfie their voracious maws ; but thanks , ten thousand thanks to the great governour of heaven , and his immediate substitute , our gracious soveraign , who baulk't their expectations , and sent them angrily home , repining at the disappointment . but here let billinsgate avaunt , and give place to the mechanicks and joyners of state , whilst in more spurious ribaldry they rail at their prince and government , let bedlam be clear'd for these wiser madmen . reformation's on foot , the church is to be cleansed by the common-sewer , and the laws to be rectified by libels , double the watches , the papists are in arms , black-bills appear , the knife is at their theoats , and before the next morning the dead shall arise , and wonder to behold themselves living , this was the common cry , incomperable advice ! but why this dissimulation ? why not in plain english ? might it not be said rise and defend your selves , bring in your plate , your spoons , your thimbles , and your whistles ? is the publick credit of less value than formerly ? where are the drums and trumpets , your levies and musters ? why are the unnecessary guards spared , say the word , speak your intentions in intelligible sillables . your noble peer is ready to assist you , dastardly leaders and deluded cockscombs . but fate had not ripened their aimes , their party wanted the courage they wished them and like cunning men , and more to be feared , traytors e're they leapt , they view'd the precipice , and for want of resolution , mist their opportunities , which the prudence and care of his majesty , by the seasonable publishing his gracious declaration , for the future abrigded them of , 't was this that opened the eyes of the cheated nation , and drew the loyal upon their knees , in grateful acknowledgments of his fatherly care of their lives , liberties , and estates ; 't was this dispelled those mists , and fogs , of delusion , which arose from the stenchy vapours of their nauseous principles , & designs , and clearly discovered their malevolent intentions . but yet so far had they spread their poyson amidst their dissenting brethren , that the botches and blains thereof but too plainly appeared , and were not so soon cured , the chief magistrates were such as they themselves had set up , and cajoled into their service , so that here treason was indemnified , provided the same was carefully committed within the circuite of those walls , and tho taken notice of , and brought to light , they had a free shelter from the judgment the law pronounced thereon , being skreened on the dark side of an ignoramus conscience . happy days indeed ! when to discharge a thief ▪ his jury shall be summoned from amidst his brother criminals , though he sees the halter , he need not tremble at it , let the law threaten him , he is assur'd that the same is but like the cords of sampson , which he can break at his pleasure . but justice will not be so satisfied , the voice of treason , like that of blood , is never quiet , till the traitor meets his due reward , nor did we long want an instance thereof in the fate of that unhappy wretch who slipt the noose here , when he was removed to another county , and came before persons of religion , and integrity ; they soon saw , and as soon abhorred his crimes , regarding the quiet of their threatned country , beyond the clamorous instigation of a rebellious throng , who neither weighed the crime , nor danger of admitting such extravagant scandals which he had too freequently dispersed in order to the corruption of that fair intelligence that ought to be managed between the king and his people . the unavoidable obloquy on the reputation of the nations best and surest friends , and in short , the intended ruin of the government he lived under ; to the preservation of which , who is it can blame that necessary , just and single execution , when he lays it in the ballance with those designs that threatned the whole ? where 's the severity which the physitian uses in cutting off an infected limb to preserve the body ? where the imprudence , in drawing a little blood to prevent the frenzy of the patient ? and then especially when he is inclined thereunto , and the usual symptoms that forerun the fit are too visible and more then remarkably growing every hour upon him . if this be an error , farewel policy , our ancestors were then in the wrong , when to restrain the undue liberty that men had taken to themselves in the late times of licenciousness , when the unclosed wounds of the nation were fresh and bleeding , to enact a prevention of those causes which too far contributed to the same , in making traiterous words & positions that aimed at the life or person of his sacred majesty , or the roots of his establisht government , tho no overt act besides demonstrated the same to be adjudged high-treason , yet had this been wanting , sufficient was the proof against our present sufferer , and so palpable were his treasons , that all good men cry out with as much justice against those who first acquitted him , as the very crimes themselves of which he stood indicted — high time therefore was it for our gracious monarch to look about himself , and assume the rein of empire into his own hands , when such mad jehu's strove to ascend the chariot , and cariere us to ruin. — nor indeed was less to be expected , as quickly afterwards was discovered in that dangerous association , which was found in the custody of one of the greatest patriots of this disaffected party , a villany so close laid that no record perhaps to future ages shall be more authoritative to convince infidelity it self of their then designs ; which that the reader may be further satisfied in , i think it not impertinent to abbreviate the same , and present a short view thereof to his prospect . in the first part of which , tho the same seems somewhat plausibly penned in setting forth the dangers we are in from the popish priests and jesuits , with the papists and their adherents and abettors , who for several years last past , had pursued a most pernicious and hellish plot , to root out the true protestant religion as a pestilent heresie , and take away the life of his sacred majesty , to subvert our laws and liberties , and set up arbitrary power and popery , &c. yet is the same continued with all obloquy imaginable against his royal highness , aspersing his person , and loading him with false and scandalous designs and counsels , whereby he had created to himself dependants in church and state , under expectation of his succession to the crown , as also that by his influence mercenary forces had been levied and kept on foot for his secret designs , and parliaments unreasonably prorogued and dissolved , when in the hot pursuits of popish conspiracies and ill ministers of state , with many other considerations , that hereby the treasure , strength , and reputation of the kingdom was intricately wasted and consumed , for which ends they had in a parliamentary way endeavoured to exclude the said duke from the succession to the crown , and banish him for ever out of these kingdoms of england and ireland , but the said means being rejected , they thereupon thought fit to unite themselves by a solemn and sacred promise of mutual defence and assistance in the preservation of the protestant religion , the kings person , and their rights in the form ensuing . i a. b. do in the presence of god solemnly promise , vow and protest , to maintain and defend , to the utmost of my power , with my person and estate , the true protestant religion , against popery and all popish superstition , idolatry or innovation , and all those who do , or shall endeavour to spread or advance it within this kingdom . i will also as far as in me lies , maintain and defend his majesties royal person and estate , as also the power and priviledge of parliaments , the lawful rights and liberties of the subject against all incroachments and vsurpation of arbitrary power whatsoever , and endeavour intirely to disband all such mercenary forces as we have reason to believe were raised to advance it , and are still kept up in and about the city of london , to the great amazement and terrour of all good people of the land. moreover j. d. of y. having publickly professed and owned the popish religion , and notoriously given life and breath to the damnable and hellish plots of the papists in their wicked designs against his majesties person , the protestant religion , and the government of this kingdom ; i will never consent that the said j. d. of y. or any other , who is or hath been a papist , or any ways adhered to the papists in their wicked designs , be admitted to the succession of the crown of england . but by all lawful means , and by force of arms , if need so require , according to our abilities , will oppose him , and endeavour to subdue , expel , and destroy him if he come into england or the dominions thereof , and seek by force to set up his pretended title , and all such as shall adhere to him , or raise any war , tumult or sedition , or by his command , as publick enemies of our laws , religion and country . to which end , in the close , they bind themselves , whose hands are thereunto subscribed , and every of them , jointly and severally , in the bond of one firm and loyal society and association , and do promise and vow before god , that with their joint and particular forces , they will oppose and pursue unto destruction , all such , as upon any title whatsoever , shall oppose the just and righteous orders of the said association , and maintain , protect and defend , all such who enter into it , in the just performance of the true intent and meaning thereof ; and least the said work should be hinder'd , for want of discipline and conduct , or any evil-minded persons , under pretence of raising forces for this association , should attempt or commit disorders , they would follow such orders as they should from time to time receive from the then present parliament , whilst sitting , or the major part of the members of both houses , subscribing the said association , when it should be prorogued or dissolved , and obey such officers as should by them be set over them , in the several countries , cities or burroughs , until the then next meeting of the same , or another parliament , and would give the same obedience to it , and those who should be of it . nor would they , for any respect of persons or causes , or for fear or reward , separate themselves from the said association , or fail in the prosecution thereof , during their lives , upon pain of being by the rest of them prosecuted and suppressed , as perjured persons , and publick enemies to god , the king , and their native country . to which pains and punishments they voluntarily submit themselves , and every one of them , without benefit of any colour or pretence , to excuse them . in witness whereof , they were to put their hands and seals , and agreed to be ready to accept others thereafter into the same . upon the whole , let any serious man debate , what this amounts to less than rankest treason , where they come , in the last clause of it , to the perfect point of levying of war , positively agreeing , that they will obey such officers , as either the parliament , or the major part of the members , either sitting or dissolved , or the major part of the subscribers of the said association , should appoint , utterly excluding their useless soveraign from any right or directions therein . ( but i suppose , they thought it probable , he would scarce have joined with them , to have destroyed himself and his guards , ) the latter of which they bind themselves to , and consequently include the former . manifest and open treason , yet this plainly proved to have been taken in the lord shaftsbury's own closet , with eight other witnesses at the same time , who severally testified against him , as rank treason and designs as ever debauch'd a nation , obtain'd no more credit with another of our ignoramus juries , then if contradictions or impossibilitiesh ad been endeavoured at , by them ; insomuch , that the innocent lord was discharged , and a new holiday added to the kalendar of the presbyterian saints , for his deliverance , which that the same might be conveyed to the memories of their posterity , a medal was framed , where on one side thereof the face and title of our hero , was delineated , and the reverse presented us with a palace becoming his honour , the tower of london , with the sun displaying his beams o're the same , adorning the spires and buildings of that almost betrayed city , with this motto , letamvr . and judg then , if we had not cause for it , to behold treason pass muster , with impunity , and the most notorious of criminals disgoaled and usher'd in , as on the shoulders of triumph , with songs and io paeans before him , whilst fires of joy lighted his way into the bosom of that town he at the same time intended to lay waste ( as the sequel of this history shall evince . ) audacious impudence , not to be parallel'd by former presidents , or practis'd in any civil government , and yet the pretence is zeal for the publick good , the catiline was his countries patriot , the bulwark of their liberties , the defender of their rights , and opposer of those invasions that were pretended against them : oh well vail'd hypocrisie ! methinks i see the devil in samuels mantle , with his demure priests about him , plotting to have no king in israel , that they might do what was right in their own eyes ! methinks i hear them rejoycing at the success of their enterprizes , and confidently , as of old , canting , that heaven is auspicious to their intended designs , in that it so far favours them ! but alass , the day will not long last , the eye of providence beholds the counterfeit , and is too watchful over his chosen , his anointed david , to let the councels of this achitophel succeed , to the enthroning the rebellious absolon in his stead , or defeat the succession , that by the gift of heaven , as well as his own merits , is in all probability reserved for a more wise and glorious proprietor ; one whose fame , like that of solomons , has already reached to the outmost limits of the world , and is justly the admiration of the present , as he shall be of future ages , who much about this time returned from an honorable exile in the neighbour realm , whereunto the malevolence of the said aspiring party , had too long confined him , to the grief of all loyal english-men , tho' the advantage of that country where he then resided , the influence of whose gracious presence , like that of the generative rays of light , having there produced so general a reformation , and increase of all sorts of benefits to the inhabitants , that mentioning the same , i cannot but give you a short account thereof , as the pens of their own writers have confest , that men may learn to know , he is not so invaluable a governour , that an inrode should be made upon the laws of god and nature , to exclude him , but on the contrary , fall down on their faces with confusion , to beg his gracious pardon for thoughts so incongruous to his glorys , and their own peace . for that it can't be deny'd , but that before his r. h. came to scotland , the fields were every sabbath covered with arm'd men , upon the pretext of hearing seditious sermons , his majesties most undeniable prerogatives were upon all occasions controverted , masters contemn'd by their servants , heritors by their tenants , ministers of the gospel invaded , wounded and assassinated , churches left waste , or insolently perturbed , when frequented , principles of assassination preached and practised , all such as owned , or served the government , affronted and menaced , and nothing but pasquils and defamatory libels , publickly vented and prais'd . whereas now people are gathered in from fields to churches , god almighty is served with reverence , the king as his vicegerent , with respect , the royal prerogative is neither stretched nor baffled , the privy-council have been taught , by his r. h. sitting so long amongst them , to shew as much clemency as may consist with firmness , and to sustain their justice by their courage . all animosities and differences amongst the nobles are composed and forgot , the thefts and robberies in the highlands , which were formerly so great a reproach to the government , and a ruin to the people , are now not only secured against by present punishment , but prevented by suitable and proportionable remedies , such as commissions of justiciary , security taken from heritors and chieftains of claus , settling of garrisons in convenient places , and giving moneys for intelligence to spies ; ministers are so much protected and incouraged , that one can hardly think , if he had not known their former condition , that ever the people had any unkindness for them ; men do not now lust after news and conventickles , but imploy those thoughts and that time upon their private affairs , which they formerly mispent in following their expensive field preachers , securing themselves and their estates by a pleasant peaceableness from the fears as well as the dammage of fines and punishments . they meet with no pasquils nor hear of visions , and in short , men honour the laws by which they are protected , and those magistrates by whose ministry they enjoy this peace and quiet . but as these were the effects of his r. h's conduct in the north , so did we find that the blessing of his presence did extend it self to us also on his said return , who finding how near our neighbours scotch copy was to our english original , lookt upon the same methods in putting the laws into due execution , the only means to reduce ours , as it had done that nation to a true temper of obedience , which his majesty and councel resolving to effect , as on the one hand it was a satisfaction to all his loyal subjects , so on the other did it drive the dissenting party to their utmost asylum , who , like spiders , bur●…ed with the poyson they suckt of that flower the industrious bee gathered up her honey from ; for soon after , the choice of new magistrates being the work of the great city , so tumultuous was the faction , that instead of civilly meeting and proceed●ng in the ancient forms and customs they were wont to do , knowing they were but too nerely concerned therein , and that if they could not get sheriffs for their turn , the structure they had been so long a rai●…ng would shatter into pieces , but virulent and ill-mannerd libels were daily spread abroad and vented , stuft up with ironical expressions and insinuations of arbitrary practices and des●gns in his majesty , corruption and insufficiency in his ministers , popish successors , french con●ederacies , plots , perjuries , impostors , subornations and reflexions on the lord mayor and the honourable part of the cityzens and the lawful government of the city , insomuch , that every impartial eye fairly beheld their designs to embroyle and enrage the multitude to something worse then the ryots they committed at the said election , for what other construction would ever then be put upon it , than what has been since plainly discovered , that the same was an incitation to sedition , and what more proper arguments then those that were used to bring about the same , you know ( says one of them ) what your priviledges and rights are , and pray remember , that by your oaths , you are bound to maintain the same , nor can you be ignorant that the design of wresting your priviledges of chusing sheriffs , is meerly in order to hang as many of you as a few men , whom i shall forbear to mention , shall think meet . did ever any ( proceeds he ) of our former state ministers concern themselves in these matters . alass , there were not heretofore such machinations against our lives , laws , and fortunes , and therefore accordingly as you acquit your selves in this affair , you may expect either to live safely , or become a sacrifice to those men , who having forfeited their own lives to the law , would preserve them by exchange for yours , and a little above it is discoursed abroad ( says he ) that unless my lord mayor can obtain his will of imposing a sheriff upon the city , he intends to dissolve the court , which let him do at his peril . thus far proceeds this virulent pamphletere , and upon the whole pretermitting the controversie of the right , which the reader may find setled and decided in that judicious and ingenious peice , stiled , the lord mayors right of electing a sheriff asserted against all pretensions of a populor faction . i say , upon the whole , we have further reason to acknowledg the providence of heaven , that those strange & unnatural designs which then lay dormant in the breasts of the factious were not sufficiently awaked , for certainly as they had then amused the people the same might have proved extreamly mischeivous , if not fatal , to the peace we were then under . but that great work being over , and the magistracy setled and confirmed in the hands of loyal and worthy gentlemen , the faction began to loose heart and sink in the estimation of themselves and pollicies , being no longer supported with incouragement from hopes of ignoramus juries , and other refuges , they had so long shelterd in , insomuch that nothing less then an open rebellion was left them to accomplish what their seditious arts and designs had failed them in , yet as dying men strugling with the last efforts of nature , whilst the least part of life about them was unextinguisht , their voices we heard , and their fruitless endeavors strove to recover their wonted principles , but in vain was their attempt , tho they threatned the present mayor and sheriffs with actions and arrests to amuse the vulgar , and were so bold , to put the same in execution on their chief magistrate , even while he was acting in that sphere , whereinto he had been regularly chosen , and legally constituted , till his majesty was forced to interpose his authority , and call them to an account for their riotous and extravagant proceedings , and upon a fair tryal , and undeniable evidence , setting forth the customs and usage of elections , he obtained judgment against several of the most notorious of them , who had been the greatest sticklers therein , and withal , thought it absolutely necessary , to enquire into the abuse of franchises , to make a regulation sufficient to restore the city to its former good government , wherein his aim was not so much for their punishment , tho he had sufficient incitations thereunto , as their good , to which end , he brought and obtained judgment , in a quo warranto , against their charter , but to shew his mercy , as well as his power , when he had them at his feet , tho before they denyed a submission to his gracious pleasure , upon their humble petition , he offered the confirmation thereof again to them , reserving to himself only the power of approbation in the choice of some few of their officers , which had been as much for their benefit , as the general peace and good of the city , to have granted but this , the remaining sparks of the faction thought too much to be allowed , even when the whole was at his disposal , and happily fell into his hands ; but during the time that these affairs were managing in the courts above , a more close cabal of hellish and impardonable rebels , were every day assembled , for carrying on and perfecting the main plot upon his majesties sacred person , as also that of his royal-highness , and the loyal party , who were to be massacred upon their rising ; in the handling of which , i shall first give a draught of the design in the general , and then descend to speak of the particular parts thereof , as the same were in proof against those who suffered a condign punishment for their said treasons . about the beginning of october , . when the chief of that factious and seditious tribe found that the magistrates of the city was settled , as is before mentioned , their impaciency was such , that they immediatly consulted of rising in an open rebellion , for which , some of them thought themselves so well prepared , that they could not fail of attaining their ends , when ever they should break into arms. upon which , there was a meeting of some of the principal of the conspirators , to agree of the best and readiest methods , to master his majesties guards , and seize his royal person ; but upon consideration , they found it necessary to add more arrows to their quiver , and strings , then one , to their bow , that if they mist their aim at first flight , the second might hit their mark , they therefore thought fit to prepare their friends in the several counties , cities and towns , of england , as also the disaffected party in scotland , to join with them , without which any attempt in the city of london , or upon the guards aforesaid , appeared too rash to be undertaken , so that the thoughts of a present rising was then laid aside , and they disposed themselves to find , by a correspondence with scotland , and the several parts of this kingdom , how far they might be assisted by a general insurrection , so that in humane probability they might not fail of success , whence the reader may observe , that this was not an airy notion , or embryo of hot brains , but laid as deep , and as designedly and proportionably formed , as the wisdom of man , or councels of contriving rebels , could studiously effect . moreover , whilst this first design was framing , some villains were likewise carrying on that horrid and execrable plot of assassination aforementioned , of his majesty , and royal highness , his dearest brother , in their coming from newmarket , and money was deposited for that purpose ; but by the shortness of the time , his majesty being then immediatly upon his return , and for want of necessary preparations , they were forced to defer the execution of it till further opportunity . it was then proposed amongst them , whether they should attempt the same at his majesties next going to newmarket , in march following ? to which , an objection was started , that those guards which usually remain here some time after his majesties departure , would be capable of making a great opposition upon the arrival of the news ; for which reason , and because they were not then in a readiness , it was agreed to be done at his return thence . the scene where this fatal and execrable wickedness was to have been perpetrated , was the house of one richard rumbald a malster , called the rye , near hokesdon , in the county of hertford ; and it was resolved , that forty persons in number , who were to be the actors in the tragedy , under the command of the said richard rumbald , should hide themselves in or near the said house , and when his majesties coach should come over against them , then three or four to shoot with blunderbusses at the postilion and horses , and if they should miss their aim , some were to be ready in the way , who in the habit of labourers , should turn a cart across the passage , and so stop the coach ; others were appointed to shoot into the coach where his majesty and royal highness were to be , and others to fire upon the guards that attended them , resolving withal , that upon the same day , many lords and other persons of quality , whom they supposed favourable to their designs , should be invited to dine . in london , that they might be the more ready to appear amongst the citizens , upon arrival of the said news ; the actors in the said assassination having contrived their manner of escape , by a nearer passage then the usual road , by which means they hoped to get to london as soon as the news could be brought thither , thinking it would not be difficult , upon their perpetration of this abominable fact , to possess themselves of the government , presuming on the numbers of the disaffected . but least the blackness of such an action might deter any from joining with them , they prepared to palliate the same , as far as they could , by some true protostant fanatical remonstrance or declaration , which was ready to be printed and dispersed in that confusion , to amuse the people ; and least the officers of state , and the magistrates of the city , with the militia thereof , and other of his majesties loyal subje●●s , should be able to put some stop to those floods of ruin and desolation , which would hereby have inevitably overwhelmed the better part of the nation , they resolved to follow this blow with a massacre , wherein they particularly designed the immediate slaughter of the said state officers , the then lord mayor , the sheriffs , and the magistracy of the city , and all others , who had been any ways eminent for their steady and unbiast loyalty . but here again the finger of almighty appeared in his wonderful providence , to defeat these councels , by a sudden fire at newmarket , which necessitated his majesties return thence , before the time he had appointed ; happy , miraculously happy , flames ! may the ashes you made , be consecrated , and the ground , you laid wast , the foundation of a temple to the omnipotent , where songs of joy and praise may be sung , to times last period , for the occasional deliverance you afforded us . yet these villains , hardned in impiety , were not hereby discouraged from pursueing the same bloody design , but resolved to travel forward therein , till they reach'd the outmost step to effect the same ; and proposed with themselves , that it might be done , either in his majesties passing from windsor to hampton-court , or in his then intended journey to winchester , or when he should go by water in his barge , or under bedford-garden-wall in covent-garden , when he should pass that way , or at the bull-feast , which was then shortly after intended , in red-lyon-fields , they being informed , his majesty and royal highness would be there . and that they might be the better prepared , when the occasion should offer it self , by having a certain number of arms lying always ready , for that purpose arms were bespoke for forty men in all hast , ( viz. ) thirty carbines , with belts and swivels , thirty cases of pistols , and ten blunderbusses , which were accordingly made and paid for . and for their more easie drawing their party together , against the time of execution , they contrived to divide the cities of london and westminster , and the suburbs , into twenty parts , from each of which , they expected five hundred men to be ready on the first onset , and some agitators were to give an account of men to be furnished in each division , and give out orders to them , as there should be occasion . and to the end , the forces they should raise , might be the sooner modeled into the form of an army , there were a hundred old officers , who had been engaged in the late rebellion , ( thereby the better fitted for this , ) ready in town to take the command of them ; in the pursuit of which desperate , cruel and ineterate , projects , they continued , till they knew that discovery had been made thereof to his majesty . during all which time , the other more principal conspirators were not unemployed , but carried or managed their other design , for a general insurrection in both kingdoms , and the late earl of shaftsbury who had at first pressed them to a sudden insurrection , which he would have had to have been before , or at least , on the th of november , being the anniversary of queen elizabeth , when people generally gave themselves the liberty of solemnizing the same in extraordinary crouds , and on that account , would be less suspected , and the sooner raised , sent to the rest of the conspirators , at a meeting appointed by them , to know their resolution , and finding them either timorous or unprepared to venture upon the same , conveyed himself , with some others of his crew , secretly into holland , to avoid the danger he might be in , by a discovery , the greatest piece of policy , perhaps , that ever that said earl , tho a famed machiavel , ever in his life was to be esteemed for ; but his thus withdrawing himself from their councels , did not discourage them from pursueing their pernicious infernal designs , tho it made them a little more cautious ; whereupon a new councel was appointed , of six persons , that were to have the chief management of affairs , in order to the aforesaid insurrection , by a correspondency with their party in scotland , and the several parts of this kingdom , and because an intercourse of letters was thought dangerous , it was held necessary , that some person should be intrusted with a message into scotland , to invite the heads of the disaffected party there , to come hither under pretence of purchasing lands in carolina , but in truth , to concert with them , the best means for carrying on the design jointly in both kingdoms ; and a treaty was thereupon had with archbold cambell , late earl of argile , who then stood attainted of high treason , and had made his escape from justice , who demanded l . at first , but afterwards agreed to accept of l . for buying of arms in holland , and making other provisions previous to the said rebellion , in scotland , in which said councel of six , several debates were managed , as whether the rising in this kingdom , should be first in the city of london , where , by reason of the vast number of the disaffected , that might readily unite , they might easily master the guards , or rather in some remote parts , whereby his majesty would be under a necessity of sending his said guards to suppress them , and thereby the rising in the said city would become more secure and effectual ; but at last it came to this resolution , as most convenient , that it should be in all parts at the same time , least the city might be defended by the militia thereof , without help of the guards , which might be sent for suppressing any insurrection in the countrey ; to which they all consented , and disposed themselves for compassing the said design , which was very near taking effect , just as the same , by the mercy of the almighty , on the th of june , . came to a discovery , by the confession of mr. keeling , who greatly troubled at his concernt herein , ( being one of those who should have been employed in the assassination mentioned , ) thought , he did very ill in not discovering the same , in so much , that he had no peace , satisfaction or content , nor could he mind his business , or take that rest that at other times he was wont , ruminating with himself , that if it were a sin in david , to cut off the hem of saul's garment , much more would the same have been in him , to have murdered so good and gracious a king : which the said conspirators coming to hear of , they began each of them to shift for their safety , and met about the same at the lodgings of captain walcot , since executed , very early on the monday morning following , where some of them having hired a boat , to whom they had given five pounds in earnest , intended for holland , whilst others lingred about the town , and particularly , rumbald , who having got this keeling to a tavorn , began to charge him as a discoverer , which he was forced , by several imprecations , to deny , or he had never been suffered to have gone thence alive . this grand design coming thus to the knowledg of his majesty and council , warrants were forthwith issued out against several of the conspirators ▪ as particularly , j. d. of m. the lord melvin , sir jokn cockrane , sir thomas armstrong , robert ferguson , who was the common agitator , and intrusted by all parties , in the several conspiracies , richard and francis good enough , richard rumbald , william rumbald , richard n●lthrope , nathaniel wade , william thompson , james burton , joseph elby , samuel gibbs , francis charleton , joseph tiley , mr. casteers , and mr. lo●● ▪ both non-con-preachers , edward norton , john row , john ayloff , and john atherton , but these too soon warned by the quick monitions of a guilty conscience , had made their escapes from the hand of justice , which in due time , is more then probable , will be too swift for such wretched criminals ; besides these , ford lord gray , being apprehended , and examined before his majesty in council , was committed to the tower , but in his way thither , got from the custody of the serjeant at arms , and made his escape ; and arthur earl of essex , being likewise committed to the said place , for the treasons aforesaid , whether under a sense of his own guilt , or the utter despair of his royal master and benefactor 's mercy , whom he had so highly wronged , prevented the sentence of the law , and laid murdrous hands on his life , by cutting his own throat ; several others were taken and committed , amongst whom , the lord william russell , algernoone sidney esq thomas walcot , john rouse and william hone , whose cases we now come more particularly to treat of , which is the second part of that method i proposed , and wherein i shall glean only what was materially witnessed against them , and is proper for the further parts of this history , whereby the way , and from what has been before said , i would entreat the reader to take notice , that there were two several designs on foot , the one , the murther of the king , and the utter destruction of the government , in which the three latter were concerned ; the other , singly against the government , in which was the two first . but these two , like sister-springs , rose both from one of the same corrupt fountain , and tho the channels , in which they wandred , were for sometime different , yet at last they were both designed to meet and embrace each other in the wide ocean of anarchy and confusion . at the tryal of captain walcot , the th of july , . for the said treasons , evidence was given by collonel rumsey , to the following purport , that about the latter end of october , or the beginning of november , he was with the late earl of shaftsbury , who acquainted him , the d. of m. the lord russell , lord grey , and sir thomas armstrong , were at mr. shepheards , the merchants house , to whom he desired him to go , and know what they had done about the raising arms at taunton , who answered him , ( when he came there to them , ) that mr. trenchard had failed them about men , and they could proceed no further at that time ; which answer being conveyed to my lord , he said , there was no dependance on those gentlemen , and that he would leave england ; after which , a meeting was had by several of the conspirators , goodenough , wade , and others , captain walcot being then in holland , where it was proposed , no good was to be done by a general rising , but the surest way , was taking off the king and the duke , to which end , they sent a letter to mr. ferguson , ( without whose aid they could not carry the same on , ) to holland , who thereupon coming over , captain walcot came with him on ashwednesday in february , after which , several meetings were had about the same matter , wherein it was concluded , at his majesties coming from newmarket , a party should kill the postilion , others the coach-horses , whilst rumbald charged the coach wherein his majesty and royal highness were to be , and walcot the guards , to which end , they were to meet at hokesdon aforesaid , and in case their blunderbusses mist , they were by their swords to finish the same . but this was put off , on the kings unexpected return thence , on occasion of the fire , their men being unprepared , tho the same was laboured in by mr. ferguson , and captain walcot undertook to go down and ask . but this design being then for that time prevented , they agreed to raise money to provide arms , captain walcot being present , mr. west undertook the arms , mr. ferguson the money , goodenough and rumbald to provide men , for the like intent , against his majesties person , as he came from windsor to hampton-court , or at the play-house , as opportunity should serve , and a general rising was intended , to which end the city was to be divided into several parts , and accounts were taken of the numbers of men in the several devisions by goodenough and others ; this was the sum of colonel rumseys evidence . the next that appeared was mr. keeling , whose evidence was , that some time before the king went to newmarket , he was at the sun tavern with richard rumbald and richard goodenough , &c. that goodenough called him aside and asked him what men he would procure to go down to newmarket to kill the king and the duke , he answered him he thought none . but the question being renewed several other times , he had in the mean while some discourse with one burton and thompson , burton told him one barber would be concerned and tompson also , the fryday after , being the day which the fire happen'd in at newmarket , rumbald came to his house to see those men he could procure , and the next day he met him , and asked whether they were willing to go down to the rye ( meaning his house ) there being , as he said , no better convenience for the design then that in england , it being a house intire to it self , and very remote from neighbours , besides the advantage of a court or wall , using this as an argument to prevail with those persons , that it would be keeping one of the commandements in killing the king and the duke , for if it be not done , there will be otherwise a great deal of blood shed . in the afternoon they met , at the dolphin tavern in bartholomew lane , rumbald , west , goodenough and hone , where west asked rumbald whether he heard the king would come home that night , which he answered that he did , but hoped it would not be till saturday , that being the day appointed to go to rye to meet the king and duke . but if they should , says west , hovv many swan-quils , goose-quils , crow-quils , vvith sand and ink , must you have , six , says rumbald , of the first , tvventy the second , and twenty or thirty of the last ; by these canting terms did they disguise the names of blunderbusses , muskets , pistols , powder and bullets ; but vvhat concerned the prisoner , only vvas , that he see him at the salutation-tavern , vvhere there vvas a discourse by mr. west concerning the name of keeling , saying , it signified in dutch , culing , and that he vvas their english culing , adding , that he hoped to see him at the head of as good an army in wapping , as culing vvas then at colen . this vvas the chief part of mr. keelings evidence , only something was added , touching goodenoughs instructions , to try the temper of some of his neighbours , in those divisions about him , by questions at a distance , such as those , in case of an insurrection , or french invasion , how are you prepared ? or , whether you would be willing to join therein ? telling him withal , in case the assassination went forward , they would lay the same on the papists , as a branch of the popish plot , and that a declaration was prepared to ease the cautious people of their burthens , and especially , chimney-money . i proceed next to the evidence of zachary bourne , who testified , that he came to be acquainted with captain walcot , by the means of mr. ferguson , who was his lodger , and whom the captain used to visit , that he afterwards met him at the dragon-tavern upon snow-hill with several others , where the result of the business was , a speedy design to raise men , and dividing the city in twenty divisions , seizing the king and duke of york , and setting up monmouth ; that mr. goodenough then brought an account of or men out of those divisions , he had an account of ; that at another time , captain walcot being present , 't was discoursed , to have seized my lord mayor and sheriffs , and some of the aldermen , and chief ministers of state , about town ; that the saturday before the discovery , he met at captain tracies , and monday afterwards , at captain walcots , where ferguson , goodenough , west and norton , were present , but nothing was concluded , he leaving them on the debate , of killing keeling . thus much mr. bourne . mr. west's evidence was , that he came acquainted with the captain the last summer vacation ; that the captain told him , that there was a design of an insurrection to be made in three weeks or a month , and that he did not know , whether he should be concerned , but that my lord shaftsbury was engaged therein , and that he had an expectation of being a collonel of horse , and asked him , if he would have any command under him ? that the said lord had another design on the king and the duke , as they came from newmarket , in october then last , but withal , that he abhorred any such thing , that it was ungenerous , and he would be concerned no further then the general rising , and asked him to lend him a suite of silk-armor , and desired him , to bespeak him a good strong tuck ; but the said designs being put off , as he understood , by means of mr. trenchard , who had discoursed , of what forces he could raise in the west , but when the duke of monmouth sent for him , his heart failed him , and he declaring it , my lord grey called him coxcomb , this was about the th of november ; that captain walcot told him , mr. ferguson had the conduct of the assassination , in october , and that he was acquainted with the insurrection , and was a great man in it ; that he met mr. ferguson , who entertained him with a long discourse of the miseries of scotland , and that the people were in slavery and bondage , and would be so here , if they did not free themselves , to which , there were two ways , one , a general insurrection , but that was gone off , the other , the killing the king and the duke , which was the more compendious , and added , that he supposed the same was best , and proposed to meet at his chamber , as a place of privacy , to treat of the same ; they met accordingly at his chamber , and ferguson proposed several ways of doing it , one , as the king and duke had their private meetings at st. james's , where it was an easie thing for a swords-man to do it ; that mr. ferguson , and the captain , both told him , there was a design to have done it at my lord mayors feast , in the hall , or on their return in st. pauls-church-yard , or at ludgate , but the king not dining there , it was disappointed ; another way was proposed , that they might do it as the king and duke went down the river , lying behind some small ship in a hoy , or some such thing , and so over-run their barge , or if that failed , to break a plank with their blunderbusses , and so sink it ; another way , at the play-house , where forty or fifty men should be placed in the pit , with pocket or hand blunderbusses , pistols and swords , and when the musick struck up between the acts , to fire on the box , but this was held hazardous , and therefore they thought it better to do it as he came back , under bedford-garden-wall , because there was a convenience for a great many men to walk in the piazzas , and another parcel of men might be placed in covent-garden-church-porch , and within the bails , where horses could not come ; that this was before mr. ferguson went for holland , with my lord shaftsbury , and captain walcot ; that in the mean time , he met collonel rumsey very often , but nothing was agreed , till they sent for mr. ferguson back , upon whose arrival there was a meeting at the five bells tavern , and several times afterwards at his chamber ; where ferguson , goodenough and rumbald , undertook to provide the men for the assassination , whereupon debates were had , whether it should be done as his majesty went or came ? to the first it was objected , that the guards were left here and there , and they went together , but very often return'd apart , and nothing being prepared , it was resolved , as he came back ; that it was then considered , what arms should be provided , and the matter lest to mr. rumbald , and he was to provide blunderbusses , carbines and pistols ; that several meetings were had , where they brought and conferred notes about the men , whose names , as he remembred , were , amongst others , keeling , burton and hone , and as he thought , one manning ; that afterwards he asked mr. ferguson , what provision of money he had made ? to which he answered , that when the men were ready , he should have money , and not before , for that money being before raised , it was put into the hands of one who never returned it , and that my lord shaftsbury did often complain of that abuse ; that it was debated , how these arms should be conveyed to rumbald's house , and proposed , the same might be sent down in chests , in smithfieldcarts , or by trusty water-men , who were to cover them with oysters ; others , that men should carry them , but no way resolved ; and then it came to be debated , how they should get off , and how manage the same , some were to fall on the postilion and horses , others on the coach , a third party under captain walcot , which he ndertook , who should fall on the guards ; that rumbald undertook to bring them off , and that there was a gate he would shut on the horse guards , and they might , when the thing was done , avoid the road-ways , but come over the meadows by hackney-marsh , but captain walcot thought it better to retire within his wall , and there keep till night , it being a place they could , against any force , defend for a days time ; that captain walcot told him , in case of an assassination or insurrection , my lord shaftsbury had prepared a declaration , and would have had him done the like ; saying , that he would have several people do the same , to pick one good out of all of them ; and said , that he had some collections himself towards it ; and shewed him a paper , in which was observations of all the passages in the three kings reigns , king james , king charles the first , and this king , which he called attempts to bring in arbitrary government , and popery , and concluded , taxing them with some personal vices , and that the government was dissolved , and they free to settle another in its stead ; that when the news of the fire came , they adjournd to his chamber , and considerd what they should do , they were not ready , nor had no horses , so that the same was laid aside ; that it was afterwards agreed at another meeting , where the captain was present , mr. ferguson , goodenough , norton , and one aylisse , that arms should be bought , the number were , ten blunderbusses , twenty two inches in the barrel , thirty carbines , eighteen inches , and thirty cases of pistols , fourteen inches ; that he was put upon it to buy the same , the rather , for that he had a plantation in america , and might have on that account a pretence ; but mr. ferguson was to pay the money , which in some great time afterwards he did , saying , he had but just then received the same , and paid him ninety three guineas , which he supposed , the moneys of mr. charleton ; that in case this assassination had gone on , it was designed , the lord mayor and sheriffs should be killed , and as many of the lieutenancy as they could get , and the principal ministers of state , my lord hallifax , my lord rochester , my lord keeper , and that they would hang him on the said tree that colledge had hung ; sir john moore was to be killed , and to be hung up in guild-hall , as a betrayer of the rights and liberties of the city ; and the then lord chief justice pemberton , fleyd , and hung up in westminster-hall , with a great many of the pentional parliament , as betrayers of the peoples rights ; that the prisoner was sometimes by , at these discourses ; that mr. ferguson declared , he had told some nonconformists , and they desired him to forbear ; but adds he , they are silly people , and do not know how to distinguish , between killing a prince for difference in religion , and destroying a tyrant for preservation of the right and liberties of the people ; that it was an action would make all the kings in the world tremble , and teach them to use their subjects kindly ; that it was the design at the same time , the mayor and sheriffs were to be killed , that mr. papillion and mr. dubois should be forced to take the sherievalty on them , and if they refused it , they should be used as others ; and that sir thomas gold , sir john shorter , alderman cornish , should be set up for mayor , but rather , the last , as the fittest person ; that the kings natural sons were good lusty lads , and it would do well to keep them for porters and watermen , and my lady ann should be married to some countrey gentleman , for a breed , to keep out foreign pretences . i have been something larger in the repetition of this evidence , then was at first intended , but the same being so material , to prove the horridness of the most barbarous part of the design it self , as well as that concern , which the prisoner had therein , and on which his fate depended , that i hope the reader will excuse me , and from the whole , consider with himself , that nothing less then the watchful eye of heaven , could possibly have guarded his sacred majesty from the several attempts , so often renewed against him , by this malevolent party , set on , and encouraged , by the cant and hypocritical zeal of a scotch whig ; whose only design it was , to murder his royal person , and overthrow the government , because not squared to his precise and rebellious measures . but to return to my subject , the evidence abovesaid , so plainly and palpably made out , did admit of no plea nor excuse in the wretched prisoner ; nor indeed , could he have any face to deny the same , there being , besides this , a letter that was intercepted , under his own hand , to the secretary of state , wherein he doth , as much , as plainly confess the same , acknowledging it as his first crime , and that his life was at the kings mercy , and that if his death would do him more service , he was willing to surrender it ; that if his majesty would admit him to come in , & use mercy , he would tell all he knew , concerning england , scotland and ireland , which he thought , would be more material , then any other discoverer could tell ; which plainly shews , that he had a deeper hand in this mischief , then any of those that had given evidence against him . upon the whole , when my lord chief justice came to sum up the evidence , having taken notice of the material passages aforesaid , and given his directions to the jury , they brought him in , deservedly , guilty of the indictment . the next in order , who came to tryal for the aforesaid treasons , was , william hone a joyner , with whom , in short , i shall no further trouble the reader , then his own confession , that he was drawn in by mr. goodenough , and was one of those that was to murder his majesty and his royal highness , whose names they disguised , under that of the blackbird and goldfinch . nor shall i much enlarge the bulk of these sheets , with that of john rouse , who could not deny his concern in the treasons aforesaid , tho his post was something of another nature , then the two former , which i shall forthwith give you some account of , begging leave only to take notice , of the justice of heaven , which now overtook this miserable wretch , he having been too long known in the government , for a most malitious disturber of it , and had once before been brought to the bar for high treason , at a time , as sir george jeffries , our present worthy lord chief justice , then took notice of , when the common justice of the nation could not be obtained in that place , insomuch , that the judges who came to execute justice , had more reason to fear being executed upon the bench , then the prisoner at the bar. to proceed , this gentleman was to take care , to manage a party of men , who were to take the tower of london , and the evidence against him , were first , mr. lee , who testified , that mr. goodenough having acquainted him , that there was an apprehension , that the rights and priviledges of the nation were invaded , and that it was time to look to themselves , for popery was designed , and arbitrary power , and asked him , whether he would engage in that affair to prevent it , and withal , that the city was to be divided , as is before mentioned , and desired to know , whether he would engage in one part of it ? he answered , his acquaintance was not where he lived , but he would get a part where he was known , and afterward told mr. rouse of this , as also , that mr. goodenough had further informed him , the design was to set up the d. of monmouth , and kill the king and duke of york , but that all parties must not know of it ; and the people should be only acquainted , there was like to be a foreign invasion , &c. and if they seemed ready & complyant therein to assist , then to discourse them nearer . that mr. rouse told him , he had before known it , and that he would provide arms for men , and that nothing was to be done , unless the king was seized , adding , that he remembred since the king went and set up his standard , but that he was then for seizing him , not taking his blood , and that 't was a convenient thing for a ball to be playd upon black-heath , and to that end , that several sea-captains should be spoken to , that he himself had ingaged ten , and that the affair should be managed , that he that won should take it , that when they had so done , every captain should take his party , and tell them they had other work , and then go with long boats and arms and seize the tower , that mr. goodenough was acquainted therewith , and approved thereof . that rouse went several times to view the tower , and took one mate lee with them , which mate directed them to traytors bridg , and said , it was an easie place , and that he would undertake to do it with a men , provided they had but hand granadoes ; that mr. rouse met in this business with sea-captains , whom he said was to be two of the undertakers , and that they were willing thereunto . that mr. rouse was afterwards of opinion , for taking off the king and duke both , for then , said he , there 's no man can have a commission to fight for them , and that he had been a traveller , and presumed to say , that the king was sworn in france and spain to bring in popery and arbitrary government in so many years , and therefore it was no sin to take him off , adding , that he had it under his own hand . mate lee testified , that mr. rouse asked him , if he could not get some seamen fit to make commanders of ships , for , says he , with the guard ships at deptford we must secure the tower , and whitehall both , or we do nothing , and besides this , one thomas corbin testified , tho the same did not more affect the prisoner , then to show the temper of the villain , that before the oxford parliament , the said mr. rouse said , he did foresee , the same would be but a short sessions , but these frequent dissolutions and prorogations of parliaments , adds he , will not avail the king , for whatever he hath , the parliament had given him , and might take it away when they pleased , at which , a stander by , bid him have a care what he said , he replyed , the king had forfeited his crown , and had no more right to it then he had . to all which evidence against him , the prisoner he had no more to offer for himself , but that , as to the first witness , the words that he testified against him , were not really said by him , but first mentioned by the said lee to him , of all which ; he had not least matter of proof , besides his own assertion , and indeed , these matters did so quadrate and correspond with the temper of the prisoner , that they were the more readily receptive of credit , which was made plain , in the corroborating evidence of corbin , before mentioned , so that the jury presently gave in their verdict of his guilt . and thus i have gone thro , as intended , the first and most tremendous part of this conspiracy , which i shall sum up in the words of the late lord , chief justice , now , sir francis pemberton , at the end of walcot 's tryal , this design , says he , hath gone into other of the kings dominions , and is to be feared , is larger then the king knows ; 't is time to nip these treasons , when they are gone so far , surely a more barbarous was never thought of by mankind . we have had certainly as many engagements to the king , as any subjects ever had to any prince whatsoever ; he hath 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 we ever read of ; the preservation of our religion , and the laws of the kingdom , our laws and libertees , 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 vndertake to kill him in such a villanous and barbarous manner , may justly make us astonished . thus far my lord. which brings me to the second part of this design , wherein the next unfortunate and ill advised gentleman , my lord william russell was too nearly concerned , who on the th of the said month , at the old baily aforesaid , was arraigned and indicted of the same , whereupon , after his lordship made a challenge of the jury , for that they had not free-hold , in which point his lordship had his councel allowed him , upon the hearing of whom , the court was of opinion , that the same was no good challenge , in case of treason , for that they had not free-hold within the city . but satisfied his lordship , that there was no hardship in the case , the reason of the law for free-holds , being only to the intent , that no slight persons should be upon the jury , where the life of a man , or his estate , comes in question ; but in the city , the persons that are impanelled , are men of quality and estate , and have much to lose , therefore , in substance , his lordship had as much , as if the challenge had been allowed ; so that the jury being called over , after exceptions made against thirty one of them , they proceeded to read the indictment , and call the evidence ; the first of whom , that i may not interfere with what hath been before taken notice of , were collonel rumsey , and mr. shepheard , the substance of whose testimony , was , that my lord russell was at the house of mr. shepheard , when collonel rumsey brought the message aforesaid , from the lord shaftsbury , about the rising at taunton , that he heard the same , and approved of the answer , and that there was a discourse of seeing what posture the guards were in , which was to be done by the duke of monmouth , lord gray and sir thomas armstrong ; thus far collonel rumsey . that at the same time , a declaration , or some papers purporting as much , and setting forth the grievances of the nation , were there read by mr. ferguson , but could not tell , whether my lord heard the same , or was by when it was read , but that he was by when they discoursed of seizing the guards ; so far mr. shepheard . the next was my lord howard , whose testimony , as it chiefly concerned the second branch of the plot , on which we now insist , i shall pursue the same in its several steps , as it was by him declared , ( viz. ) that he was acquainted with captain walcot , and introduced him into that of my lord shaftsbury , where he soon gain'd a confidence with the said earl ; that captain walcot came to him , and told him , that the people were so sensible their interest was going , by the violence offered to the city , in their elections , that they would put a stop to it if possible ; that there were several consults and meetings about it , and that they began to put themselves into a posture to act , some had furnished themselves with good horses , which they kept in secret and blind stables , that divers intended it , and he would imbark in it , and having an estate in ireland , ordered his son to turn his stock into money , to which end , he sent his son thither about august ; that the fermentation growing higher , and every day seemd nearer to action ; that afterward going into the country , he received letters from him , wherein in a disguised cant , he gave him notice , that the negotiation he had with his correspondents was going on , and in good condition , and earnestly desired him to come to town ; this was about the middle of september ; that he came to town on michaelmas day ; that captain walcot dined with him the next , where he told him , that my lord shaftsbury was withdrawn from his house , and tho he had absconded from divers others , would willingly speak with him , and for that purpose , had sent him to him , with whom he went , and finding my lord alone , my lord told him , that however innocent he was , yet he , and all honest men , were unsafe , so long as the administration of justice was in such hands , as would accommodate all things to the humour of the court , that in the sence hereof , he retired , and that he did not doubt , affairs were so ripened , and things so prepared , but that he would be able , by those men that were in readiness in london , to stop the torrent ; but complain'd , the design was much retarded , by the deportment of the d. of monmouth , and the lord russell , who had withdrawn from his assistance , and their own engagements , for that when he had got such a formed force , as he had , in london , they told him , the country was not prepared to concur with him , which he lookt on as an excuse , and an instance of their intentions to desert him ; that if they would lose the honour of it , he would do it himself ; to which the lord howard asked him , what forces he had ; his answer was , he was assured of ten thousand brisk boys , who would follow him on holding up his finger , and that they would possess themselves of the gates , and these ten thousand , in twenty four hours , would be multiplied into fifty thousand , and be able to sally out , and possess themselves of whitehall , by beating the guards ; that he was certain of the undertakement , but confessed it a great disappointment , that the lords had sailed him ; that he did consent with some perswasions , that the witness should speak to those lords , but added , he would find they would wave it , or give deferring answers . that accordingly , my lord howard went to the d. of monmouth , and told him the earls complaint ; that the d. told him , he thought the earl mad , and that he was so far from encouraging him , that he told him from the beginning , and so did my lord russell , that there was no good to be done then in the country ; that he asked the d. whether he was willing to meet , who told him , with all his heart ; that he did go back to my lord shaftsbury , and told him what the d. had said , to which my lord replyed , 't was false , and that they were afraid to own it , adding he had reason to believe , there was some bargain between the father and son , to save one another , for when he had brought him to action , he could never get him to put on ; that they had different prospects , that he was for his personal interest , but his people ( as he termed them ) was for a common-wealth ; that an interview between them , would but widen the breach , and that he dared not trust him ; that his friends were gone so far , they could not retreat , for that it was communicated to so many , it would take air ; but that their party was brisk , and that they had a thousand or fifteen hundred horse , who would be able to scour the streets , and hinder them from forming a force against them ; but no interview wou'd be admitted , only he added , that he might let them know what forwardness he was in , and that if they would correspond with him , they might , or he would go on without them ; which message the lord howard carried back to the duke , and at length obtained their consents to a meeting , which , with much adoe , the earl consented to , but the time appointed was put off , apprehending himself in some danger ; that after this he did not see the earl , but heard that my lord russell had , and that they had put off the rising for a fortnight , on condition , that those lords , and several others , should be prepared to raise the country at that time ; this was told him by the d. of monmouth , who added , that they must be now in action , for that there was no holding it off longer , and that he had been at wapping all night , and never saw a company of bolder brisker fellows in his life , and that he had been round the tower and seen the avenues thereof , and that it would not be difficult to make themselves masters thereof in a short time , that he thought it would have come to action , but that the duke afterwards told him , the gentlemen in the country would not stir , hereupon they were in a great hurry , and captain walcot ▪ came several times to him and discoursed thereof , saying , it was a dishonour of the lords they were backwards to perform their parts , but they resolved notwithstanding to go on ; and , that they were resolved to rise , and believed , that a smart party might perhaps meet with some great men , that he acquainted the duke herewith , and that there was some darke intimation , as if there might some attempt be made on the kings person , at which , the duke in a passion struck his breast , and cryed out , god soe , kill the king , i le ne're suffer that , and hereupon went to the playhouse to find out sir thomas armstrong to send him about the city to put it off , that the day the king came from newmarket , several of the conspirators dined in the city , where a notion was conveyed about , that some bold action would be done that day , and comparing it with the kings coming home thought it might be upon him , that my lord grey hereupon swore , that if the same was attempted it could not fail , but his majesties safe arrivel put by the expectation , and what was next determined was the rising on the th of november . but the proclamation against bonfires then coming out , fearing the same was discovered , it was put off , all which , my lord shaftsbury taking notice of , took shipping and went away . that afterwards , fearing a discovery ; the same having so far spread it self , it was thought that it would not be safe to retreat , and withal considered , that an affair of this weight consisting of of such infinite particulars , it would be very necessary , that there should be one general councel that should take upon them the care of the whole , upon these thoughts a cabal was erected amongst themselves , which consisted of six persons , who were the duke of monmouth , the earl of essex , the lord russel , mr. hampden junior , algernoon sidny , esq ; and the lord howard , that about the middle of january , all these parties met at mr. hambdens house , where it was agreed their province was to take care of the whole , the things to be thereby considered of , were agreed to be , whether the insurrection was most proper to begin in london or in the country , or both at one instant . to which it was said , in the country , the duke of monmouth giving it as a reason , that it was impossible by a rude rabble hastily got together , to oppose a formed methodiz'd and well governed force , and therefore whatsoever numbers could be gathered in the city would be quickly suppressed before they could form themselves , that in the country they might without the same fear they would be here subject to , and that being likewise remote from town it would put the king on the dilemma that he must send his forces to reduce them , or not : if he did , the city was left nake & would give them opportunity to rise and come back upon the kings forces , if not they might have time to form their numbers and be better ordered , it was further considered what arms was necessary to be got , and how disposed , what towns were most disposed to action , that it would be necessary to have a common bank of or l . to answer the occasions of such an undertaking , but the last and greatest was to draw in scotland to consent with them , which at the next meeting , the same persons being all six there , where at my lord russel's own house , it was resolved some persons should be sent to my lord argyle , to settle an understanding with him and others , to scotland , to invite some persons hither who best understood the state and could give account thereof , the persons agrreed were sir john cockram , lord melvill , and one campbell , and accordingly aaron smith was agreed to be sent , and colonel sidney to take care of the affairs . this was the tenour of my lord howards evidence , which , together with what was before repeated , was the sum of what was proved against the prisoner , to which his exceptions were first in general against the evidence for that they were concerned in this matter , by their own shewing , and then particularly against my lord howard , that before he came as a witness against him , he had declared to the earl of bedford in the hearing of my lord anglesey ( who testified the same in the behalf of the prisoner ) that the said earl had a wise son and a worthy person , one that could not be in such a plot , as the same was , or suspected for it , and that his lordship might expect a good issue in that affair ( his son being then committed ) and that concerning him , he knew nothing against him or any body else . the same words at another time spoken , or the like effect were testified against him by mr. howard , and dr. burnet to the same purpose , only adding some imprecations his lordship had made to confirm what he sa●d : to which objection my lord howard replyed , that the circumstances he was under obliged him to outface the matter . several other witnesses were brought to prove the prisoners reputation and sobriety of life , but the evidence was so plain and undeniable against him , and the consequence so great , that all good men abhorred his crime at the same time they had compassion on his circumstances ; and even then when by their oaths and consciences the jury were bound to find him guilty , they pittied his misfortunes . i now proceed to the tryal of collonel algernoon sidney , ( which tho the same doth not fall in order of time , yet its necessary to give the account thereof , it being the close of the evidence touching the main plot ) who came to be arraigned the th of november last , and tryed the th . wherein i shall pretermit all such testimony as was given in general , and which is before touched , previous to what most concerned him , by west , rumsey , and keeling , as also the former and introductory part of what my lord howard testified , which i have taken notice of in the preceeding pages . that which cheifly concerned the prisoner , was the two meetings and consultations afore mentioned , at mr. hambdens , and my lord russel's , as also the business of scotland debated , in the latter , to which colonel sidney propounded , that he would take care of the person , and that he had one in his thoughts , and named aaron smith , who was look't on as a proper person , and was accordingly sent by him , as he himself told the lord howard , and that he gave him about guineys to supply his charges , and had received a letter from him on his way to newcastle . a second part of the evidence against the prisoner , were several papers found in his house , which were by three witnesses proved to be of his own hand writing by persons that were conversant with the same , in which papers there was a continued thread of argument laid down , not in one single proposition but a whole series of reasoning , in which were these positions , that the king derives all his power from the people that 't is originally in the people , and that the measure of subjection must be judged ly the parliament , and if the king does fall from doing his duty , the people will exact it . and this he lays down as no ways prejudecial to him , for , says he , the king may refuse the crown if he do not like it on these terms , but if he does accept it he must expect the performance will be exacted , or revenge taken by those he hath betrayed , then he sets up an objection and argues against it , ay! but shall the people judg in their own cause , which he thus answers , it must be so , for is not the king a judg in his own cause ? how can any man else be tryed and convicted of any offence , if the king may not be judg in his own cause , for to judg by a mans self or his deputy , is the same thing , and so a crime against the king cannot be punished , and then he takes notice of it as a very absur'd position the king should judg in his own cause , and not the people . that would be to say , the servant entertained by the master should judg the master , but the master shall not judg the servant , and after this sort of argument he comes to this setled position . we may therefore , says he , change or take away kings ( without breaking any yoke , or tho 't is made a yoke ) the injury therefore is in imposing the yoke , and there can be none at all in breaking it . but he goes on in the said papers by way of answer to an objection , that if there be no injury yet there may be an inconvenience if the beadless multitude should shake off the yoke , but says he , i would fain know how the multitude comes to be headless , and there gives you instances in story , and from foreign nations comes home to the english , and tells you how all rebellions in latter ages have been headed , and tells you the parliament is the head , or the nobility , and gentry , that compose it , and when the king fails of his duty , the people may call it , the multitude therefore is never ▪ headless , but they either find or create a head , so that upon the whole , here is a plain and awowed principle of rebellion established upon the strongest reason he hath to back it , which with the other evidence against him was sufficient to prove his compassing the death of the king. the affirmations he makes is , when kings break their trusts they may be called to an account by the people , this is the doctrine he brooks and argues for , and in another part of the book , he says , that the calling and dissolving of parliaments is not in the kings power . so that the king having called and dissolved parliaments , in so doing he hath broke his trust , and consequently by his arguments may be called to an account by the people and deposed , which is certainly a treason of the deepest tincture , and which the jury upon consideration thereof , and the other sufficient prooffs against him , so found , and brought him in guilty , upon the whole , we have here met with an account of one of the most atrocious and villanous designs as any recor'd in the whole world can furnish us with , and particularly in this last gentlemans case , wherein it was the more dangerous , in that he proceeded upon the foundation of his reason , it was his beloved principle , the avowed guide of his actions , that by which he led the stedy course of his life , and he that is convinced of these principles , what will he not do , what will he leave undone to accomplish and bring about his designs , how wary will he be in his actions , which way to bring them securely about , and so much the more dangerous is the conspiracy in him , by how much more it is rooted , and how deep it is , you have heard , he writes it as his principle , that it is lawful to depose kings who breaks their trust , and that the revolt of the whole nation in that case deserves not the name of rebellion , sad must our state then surely be when people are impious for conscience sake , and ruin and destroy the government for the good of it . having thus far travelled through the preceeding particulars , i doubt not but every impartial eye will clearly behold the malevolent intentions of this phanatical frenzy , and accordingly eschew all such doctrines , and principles , as shall secretly connive at , or openly abet the same , which had they now taken effect , let us stay alittle to consider the condition this miserable nation , and people would have thereby been immersed in , but here imagination must supply the defect of my discription , for 't is not enough to say we should have lost the best of kings , the best of governments , the best of religions , and the best friends and maintainers of each , but alas , who of us had been safe ? unless we could have yeilded to have joyn'd with this impious and abominable faction , which had to any considering or good man been less eligible , then martyrdom it self . it had been enough to have condemn'd us that we had any thing to loose , the extravagant heir would never have complained his fathers hours too slowly wasted , but have turn'd parricide and correpted them , the servant would scarce have yeilded to have borne the remainder of his seven years yoke , but have eased himself thereof in the slaughter of his master , the slave had dominioned o're his lord , the base and scoundrel world have seated themselves on the benches of state and justice , whilst , our streets had been channelled with bloud , our fields been fill'd with slaughter , our houses with rapine , and our selves mourning over their fates , who had got the start of us , only some few tiresom and melancholly minutes which had been spent in the expectation of our threatned and advancing danger . this i say , had been the case of the most innocent amongst us , and may not we therefore , as on the one hand praise our god , for our deliverance , so on the other with a just and pregnant indignation , set our mark , of regret and abhorrerenc on those principles and parties , that endeavoured , ( nay give me leave to say , as far as we can pry into the closets of their breast , or judg of what is there stored by their words and actions , ) do but yet too much endeavour to accomplish the same upon us . why otherwise should there be any one amongst mankind so much an infidel to sense and reason , as to proclaim his doubts or hesitations ( which by the way are only to amuse the vulgar ) of the credit of this phanatical conspiracy , which hath been so demonstratively made evident that the light in the heavens is not more obvious to our natural , then this to out intellectual capacities . but least the poyson of such amusements should too far spread themselves , ( amusements which the promoters understands to be so ) i shall take a short view of the parties condemn'd , as they were too fatally by their treasons , drove to the outmost brink of life , and stood ready to launch into the ocean of eternity , at which time it might be well expected , however their carriages had represented them to the world , as traytors and injurious persons to the government they liv'd under , the dread of that tribunal to which the rope and ax had summoned them , would in some measure work them to a true and penitent confession of those crimes for which they came thither . as to the three first , walcot , hone , and rouse , who suffered together at tyburn on friday th of june . these three severally confessed the crimes that brought that unhappy fate upon them , whose evidence in the sight of that grim messenger that then stood before them , was more to be considered against themselves , then . witnesses , and which , were it only single , is more then sufficient to take off all cavilling infidelities the worst of men can raise against it , yet least their objections , which are upon the same structure raised as to the speech of my lord russell , may prevail upon the ignorant and misinformed , let us look alittle into the same , and hear the objectors arguments , ( say they ) if then the facts whereof my lord russell was found guilty by the jury upon such pregnant proof be so evident , how is it possible for a dying man before god and men to assert his innocency with such assurance , and so frequently repeated in his speech to the sheriff , first , god knows how far i was always from designs against the kings person , or of altering the government , secondly , i profess i know of no plot , either against the kings life , or the government . in the paper delivered , it is thus expressed , what ever apprehensions i had of popery , and my own severe and heavy share i was like to have under it , when it should prevail , i never had a thought of doing any thing against it basely or inhumanely , but what would consist with the christian religion , the laws , and liberties of this kingdom , again , i have always loved my country much more then my life , and never had any design of changing the government , and would have suffered any extremity rather then have consented to take away the kings life , &c. specious & well guilded pretences drawn by a cunning pencil to please and quiet the conscience of a dying criminal , and cast a mist before the purblind eyes of the unthinking croud to possess them with his innocency , and lay the load of envy and aspersion on the government for a malicious and cruel prosecution against him , for otherwise what need all these careful restrictions and limitations to usher in his innocency , might lie not as well have said in a few plain words , as became a dying man , i know of no design to make an insurrection or rebellion in this kingdom , which had been more a-kind to the crime he came to suffer for , but proceeds he , god knows how far , &c. god knows all things , that 's true , and without doubt was privy to the guilt he then lay under , this amounts to no denial , nor further when he says , in the words of a dying man , i profess i know of no plot either against the kings life , or the government , pray take notice , i know of no plot , how could he then ? the same was put by and defeated , but this is restrained against the kings life or government , very well , but might not the unnecessary guards be seized , and no personal harm , in their sense , done the king , suppose they should have deposed or imprison'd him , or put away other indignity on him , short of life : this might have been done too , without any change of government , the crown might have been translated from one head to another , yet monarchical government unaltered , so that the snare is sufficiently evident to our discovery that the same was cautiously penn'd to glare the eyes of the multitude , and deceive their apprehensions , but i intend not to insist in the taking to peices the said speech , only thence prove that by my lords own confession therein contained , he hath said sufficient to evince the truth of this history , as to the plot in general , and likewise as to his own particular and fatal concern therein , for that he agreed he was at mr. shepherds when such persons were met , as colonel rumsey and mr. west both swear , that there was a discourse of seizing the guards , of the feasableness thereof , and the said two witnesses both add , his undertakement , and in a clause or two , further add , that he remembers the like discourse at my lord shaftsburies , at which time he saith , he flew out and exclaimed against it , and lookt upon it as a horrid thing , and a little afterwards says , that several things were spoken in his hearing with more heat than judgment , and that nothing was sworn against him , but some discourses about making some stirs , and this is not levying of war , &c. which is treason by the statute of edward the d. and not consulting and discoursing about it , which by a fetch was construed a design of killing the king , and so he was cast . in answer to which i would state clearly what the law of the land is on these points to the understanding of all men. the meeting and consulting to make an insurrection against the king , or raise a rebellion within the kingdome , be the end thereof never so specious for the publick good , tho the rebellion be not raised , it is high treason by the law of the land. it was so at common law by the consent of all books that treat of that matter , and no one authority against it . it is so since the statute of the of edward the d , chapter the d , within the first branch of that law , against compassing and imagining the death of the king. the death of the king in that law , is not restrained , to the killing of his natural person , but extends as well to civil death , as natural , to conspire to depose the king , is equally high treason , with that of killing him ; so for imprisoning , seizing or taking , him into the power of his subjects , or for laying any force or restraint upon him , until he do what his subjects would have him ; these are all high treasons , for compassing his death , either natural or civil ; and all overt-acts which declare the intent of effecting any of these crimes , as all meetings , consultations and agreements , to rise in rebellion , and seize upon the kings guards , which are his defence against force , and invite the aid and assistance of the kings subjects of any other kingdoms , are plainly overt-acts , and have been at all times so adjudged . in the d and d of philip and mary , one constable dispersed divers bills in the night about the streets , in which was written , that king edward the sixth was alive , and in france ; and at another time , in coleman-street , pointed to a young man , and said , he was king edward the sixth ; these things tending only to depose the queen , were adjudged high treason , for conspiring her death , and constable indicted , attainted and executed . the case is cited in calvin's case , cooks reports , fol. . eliz. dyer , doctor story practiced with the governour of flanders , to invade the realm with force , and declared , by what means , in what manner and place , the invasion might be ; no invasion following , it was referred to all the judges , to consider what crime it was , who resolved it high treason , because an invasion with power could not be , but of necessity , it must tend to the destruction of the king , ( vide ) the lord cobhams case , jac. the lord greys , the same year , in sir henry vane's case , meeting and consulting about treason , was held sufficient overt-acts ; nor could my lord russell's case be only misprision of high treason , for this is only the concealment thereof by a person , without any mixture of his consent . but if the person be present at the debates and consultations , tho he say nothing , if he doth not immediately reveal it , but continues to meet , and be present at their debates , he is a principal traytor . where a person was not present at the debates and resolves , but is afterwards acquainted with them , and gives consent thereto , it is high treason . this was the case of george brook , to whom the lord cobham related the whole conspiracy , of setting up the lady arabella , who consented to the same , and was attainted as a principal traytor for the same . now my lord russell , as he puts his own case , of being present at several meetings , where seizing the guards was treated of , and horrid things spoken , argues himself guilty of treason , though he make a false conclusion from those premisses , that it was misprision only . but the witnesses proving his frequent meetings and consults , and the last of them , at his own house , and his express consent to the matters debated , put it beyond a questian to any man , that desires not to be wilfully blind , that his crime was high treason in the highest degrees . for which crime , the said lord russell , on saturday the th of july , , had his head severed from his body , upon a scaffold , erected for that purpose , in great lincolnes-inn-fields . having thus answered this objection , i proceed to the death of collonel algernoone sidney , who made his last exit from the theatre of life , on a scaffold on tower-hill , the seventh of december then next following , from whom , considering the principles he had imbibed , it was no wonder , to hear him exalt therein , and look upon the same , rather , as the honourable trophies of martyrdom , then the ignominious brands of disgrace and punishment , which the almighty in his own time visited him with . i die ( says he ) glorifying thee o lord , for all thy mercies , and that at the last , thou hast permitted me to be singled out as a witness of thy truth , and even by the confession of my opposers , for that old cause , in which i have been from my youth engaged , and for which , thou hast often and wonderfully declared thy self . ingenious confession ! this gentleman tells you what 's the cause he suffers in , he speaks it plainly , and blushes not to own its truth ; 't was the cause , the old cause , in which from his youth he had been trained up , 't was not a new thing , a start up opinion , an enthusiastick frenzy ; that it was lawful to plot against , to dethrone , imprison , mock , disgrace , and at last , to murder the best of monarchs , this he had been before honourably concerned in , and this was the cause he gloryed of ; the same that cost the nation so dear a price , that was fostered at no less rate , then the blood of thousands , and ten thousands , of our country-men , that divided our families , made the brothers bosom a sheath for the brothers sword , and the fathers breast a battery against the sons shot ; that left our wives widows , and children orphans , and yet this was the cause he triumphed in , and this was made by him , no less , then the shibboleth of god , and the blood and desolation aforesaid , the miraculous work of the almighty hand , and the distinguishing declaration of heaven it self . in this cause , says he , bless thy people , and save them that shall own it , defend them that defend it ; let thy shield of protection be held over the heads of traytors and rebels to their prince and government . stir up such as are faint , that they may take courage in evil. direct those that are willing , to go through with the plots and conspiracies of treason and desolation . confirm those that waver , that they fling aside the burthens of a conscious breast , and go on steadily in the roads of rebellion , that thy name may be glorified , that our kings may be bound in chains , and our nobles in fetters of iron . then this , what can such cant otherwise signifie , and is it thus to die a christian , where 's the forgiveness we owe our enemies , can that man regard the peace , quiet , or government of his country ? who in a sense , petitions for its confusion , articulo mortis , when his last breath is , taking its final farewel of his condemned , and suffering carcase , at that time to pray to god , to defend and strengthen those that own and defend the cause of treason , such was that cause he dyed in , and such , who well wisht and abetted the same , the only persons he thought worthy of his last orations . monstrous and insufferable impudence , to outface heaven , and vie , as it were , with the almighty , on no better grounds , then if he should have said , the magistrates thou hast placed over me , and injoyned me to obey , i have rebelled against , and glory that i have so done . thy laws i have broken , and rejoyce in an honourable martyrdom for the same . if this be the character of a true protestant dissenter ? heaven defend us , and all good christians , from such antichristian , antimonarchichal , and equally as bad , if not worse , than the worst of jesuitical principles . it is but reason therefore , that we lay by our animosities , in some measure , against them , and debate with our nearer and more dangerous enemies , who , like the frogs of aegypt , infest our dwellings in such numerous and increasing multitudes , that no part of the land is free from them . i wish i had not cause to say thus much , but in this case , who can be silent ? the dumb child spake when he saw the lifted sword at his fathers breast , and high time is it for all loyal and ingenious men , to deter those principles that justifie such parricidial and criminal tenets ; and yet , as if we were a people so stupified , that nothing could work upon us ; has it not been the endeavour of too many , who would assume the names and titles of his majesties and the nations best friends , to drive us on to further ruin and confusion . that i do not speak this , without a sad and lamentable , tho truly just ground , let us proceed to examine , since the said horrid conspiracy was miraculously detected , what it is the said party hath been doing , and how they have employed themselves . and here it might have been expected , that in one body , with one assent , they should have prostrated themselves at the feet of his offended majesty , to beg his gracious pardon for their crimes , or at least , if they had been innocent , to have publickly testified their abhorrence and dislike against such , who had been under worse and more criminal circumstances . but instead hereof , observe how restless and unquiet , how concerned and sollicitous , they have been , to evade the guilt thereof , and lay the ill-gotten brat at the door of the government , as a bastard of state , a policy of our superiours , to induce their own ends ; and in their own words , a sham plot , and no more . as a proof whereof , look over the tryal of sir samuel barnadiston , where in one of his letters , the papists ( says he ) are down in the mouth , their pride is abated , themselves and their plot confounded , but their malice is not asswaged . 't is generally said , the earl of essex was murdered ▪ the brave lord russell is afresh lamented ; the plot is lest here , except you in the country can find it out amongst the addressors and abhorrers , with many the like expressions . and can there be any thing more plainly malitious , more openly and execrably envious , then what is contained in these libellous and contrived lies . lies that reflect so immediately on the government , both of church and state , as nothing could possibly have been invented worse of either ; here 's popery and murder in the highest degree charged on both ; his majesty is traduced , as if he were so easie to be prevailed upon , to do things to destroy his own subjects , and like their own party , in the late times , by forms and methods of mock justice . the judges are calumniated as regardless of their oaths in condemning the innocent . the traytor acquitted and the law arraigned , the criminal sainted and the courts of justice exploded , vilified and set at nought , and all this under the umbrage of zeal for the publick good , excellent tenets , and becoming an ignoramus impudence . heaven defend us , where is 't we live ! amongst heathens or mahumetans we should find more loyalty and honour . nay , give me leave to say , that these seditious lies were not only directly and immediately aimed at the government , but even all those persons , who thought themselves obliged in justice and conscience , to shew their duty to his majesty , and their dislike of that damnable design and conspiracy against him . for now , says our author , the plot is lost here unless you find it amongst the abhorrors and addressors in the country . so that all mankind , who ever thought themselves under any sort of obligation , to congratulate that blessed and happy deliverance of his majesty and royal brother , from the pit that these men had dug for them , ( and whereinto they themselves had justly fell ) these , i say , must be branded with the ignominious and opprobious names of papists , abhorrors , traytors , addressors and sham-plotters , which evidently demonstrates , it was not only aimed at the civil magistracy , but all that dare be honest , and oppose faction and rebellion , how near this amounts to high treason , let any man give his judgment , as for my own part , i can't but perceive the same temper of mind and inveteracy of spirit goes to the making up the one , as there would be required to the perpetration of the other , and nothing shall ever prevail with me to induce an alteration of this opinion , that they who could say , the first , were well-wishers & abettors of the latter . but our libeller rests not here neither , but to shew him of the same temper with the rest of the faction , he lays the bloud of the earl of essex , tho shed by his hand at the same door ? it is ( says he ) generally said , the e. of essex was murdered ; & in another place , mr. braddon , who prosecuted the murther of the e. of essex , the information put in against him , in the kings bench , by mr. attorny , for a pretended subornation , &c. was not prosecuted , and his bail discharged . but our author was herein deceived , & since thence mr. braddon hath found the law his master , & the government too careful to connive at such practices , undertaken singly , without the least ground of probability , to bring an odium upon the kings majesty , & his royal highness in that the same strongly insinuated , as if they , who by chance , had been walking in the tower that morning , when this unfortunate thing hapned , had designed the same . how base , how devilish , and how hellish a design this was , and how far from all imaginations or umbrage of truth , is so plain , ( that i shall spare paper in relating the circumstances , and refer the reader to braddons tryal in print , where he may be fully convinced thereof , ) and yet this so carefully dispersed and distilled into the minds of the kings subjects , that no age or record can give a parrallel thereof , as to every malitious part the said design was built upon . nor can we imagine , had the same taken effect , what influence it might have had on the less discerning : how strongly it would have incouraged the expiring hopes of the almost disappointed party , and have set them within the prospect of a returning incouragement , once more to have prevail'd in their trayterous , impardonable and wicked conspiracies , how hastily would they have run down the plot then , when now they have the impudence to attempt the same . but god be thanked , the vail is drawn from before our eys , and we now behold their execrable designs stript and naked before us , the phantom is vanished , and our fears and apprehensions are quieted in the firm and steady view of the over-ruling hand of providence , which we have experienced in their confusion . yet can i not pass over this so ill intended a design , without a little recapitulation of the methods used in carrying on the same , which if seriously considered , was certainly in it self as much to be condemned , in it's contrivance , as end , for tho subornation and perjury ( foro conscienciae ) be a crime of as high a nature ( tho not so severely punishable as mankind can well commit , ) yet in this case it was extraordinarily such : for were it to have been managed between men , who had known the nature and value of the guilt , it had been more excuseable in that such dealings had been ( in some sort ) on fair terms , souls on each side had been staked , the suborner and suborned , but to draw in children as they did , children who were not of age capable to understand what they did , that knew no more hazard therein , then the venial peccadillo of a childish falsity punishable by a school lash , or parental reprehension , to practice on these , is to answer for a double crime , to pledg their own souls , not singly for themselves , but for them they had drawn in , and if every man shall have a sentence severe enough for his proper sins ; what is he to answer before the great judg of all men , that is not only to stand the severity of the almighty for himself , but the innocent whom he ensnared . execrable , abominable , and impardonable impiety ! and is it thus to gain the name of good men , do such need their guards , * their defence , let them have them , but may they then attend them , to the gibbet , that the nation may be rid of such perverse and ill principled monsters . but to draw to a conclusion , let us now change the scene , and having thus as in miniature presented you with the figure of this gorgon , i shall only take a shortscheme of the present alteration of affairs , since the discovery and detection of the abominable crimes herein treated of , as i began with the then season , wherein they first took birth , and herein observe , that as the great creator of heaven and earth , by the word of his power did frame the universal fabrick of the world , which consists of such varieties of beauteous parts , from a wild and undigested chaos , wherein the warring elements were all in uproar and confusion , the moist , the dry , the hot , the cold , combating each other , so hath the prudence and care of his sacred majesty from the contending principles of the faction , which were scarce at a less variance , reduced the same to an harmonious order . insomuch that now we may again hope to live in that peace and unity we so lately dispaired of , and wonderful it is to behold how strangely and miraculously the same hath been effected . yet so it is , that now , as if a new light had its birth amongst us , we see with other eys , we are no longer cheated by the vain and painted delusions of phanatical zeal , but can spie the deceiver beneath the black cloak , distinguish the rebel from the patriot , and behold the cunning presbyter in a gown and circingle . we regard no more the voice of property and liberty in the mouth of the betrayer , the cry is no longer , a parliamant , a parliament , ( tho we want not a just reverence for that grand assembly , when his majesties pleasure shall call them together , and they are legally and loyally disposed ) yet our peace is confirmed without them , our churches are filled , and conventicles laid waist , the temples of dagon and baal are neglected , whilst we worship the god of our israel in uprightness of heart , and establisht methods , our laws are duly executed , vice is punished , vertue countenanced , rebellion and sedition are tamed , and loyalty rewarded , and encouraged , our city knows but one great master , who hath purged her of the unwholsom distempers that tainted the body politick . peace rides triumphantly amongst us , dispensing plenty into every bosom , commerce and unity flourishes and increases , at least in the numbers of the best and most loyal , and in short , to sum up all , his majesty is blest in an obedient people , and they in the most gracious , wise and merciful , monarch as ever yet enriched the brittish throne . finis . errata . page line . read , nothing but virulent : page . line . . for aske , read , 〈◊〉 〈◊〉 he believed did . notes, typically marginal, from the original text notes for div a -e the right of fleeting sheriffs of london and middlesex briefly m●●●…●●d declared , page . page . walcot 's tryal . page . walcot 's tryal . page . walcot 's tryal . page . rouse's tryal . page . walcot's tryal . v. speaks tryal in his letter to sir r. a. sylla's ghost a satyr against ambition and the last horrid plot. c. c. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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[ ], p. printed by john harefinch ..., london : . issued in with title: scylla's ghost. dedication signed: c.c. identified as variant of c in reel guide and on film; in wing (cd-rom, ) as c aa. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, -- poetry. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion sylla's ghost : a satyr against ambition , and the last horrid plot. — sejanus ducitur unco spectandus , gaudent omnes , quae labra , quis illi vultus erat , nunquam ( fi quid mihi credis ) amavi hunc hominem . — juven . london , printed by john harefinch , in mountague-court , in little britain , mdclxxxiii . to his grace christopher duke of albemarle , &c. may it please your grace , were i to present a poem equal to your grace's merit , i should justly be guilty of a crime unpardonable , in addressing this , which contains nothing but the unpolish'd draughts of an incultivated muse , and therefore must implore your graces pardon for the presumption i take to send it into the censorious world under your grace's patronage ; all that i can say in it's defence is , that though it may appear rude and disorder'd , not set forth with so beautiful an outside , nor dress'd in such gawdy trappings , as the real and innate worth of the subject ought to challenge , yet your grace will soon discern the foot-steps of a loyal endeavour ; and indeed nothing ought to presume to approach your grace's hands , but what has some impression of loyalty instamp'd upon it . if vertue be the only nobility , certainly there is no greater vertue than loyalty , and consequently no greater nohility ; it blasts the long and tedious rolls of pedigrees , and makes antiquity it self become her adorer . nam genus , & proavos , & quae non fecimus ipsi vix ea nostra voco — yet if nobility can be deriv'd from ancestors , your grace has a double claim to it , the unparallell'd actions of your renowned father , ( whom the best of kings , our present sovereign , honour'd with the appellation of father ) render your grace noble , but your vertue and unshaken loyalty render you much more so , not only an heir to his fortunes and honours , but to his stock of vertues , which your grace has so far improv'd , that i might truly stile you , ( and without flattery ) one of the strongest props and pillars both of church and state. and , my lord , i have all the reason in the world to confirm it , when i consider in how lofty and sublime a sphere his majesty has been pleas'd to place you , where your grace shines like a star of our first magnitude , and one of the brightest jewels in his sacred crown . this ( my lord ) arms me with the confidence to lay this my poor , yet loyal endeavour , at your grace's feet , where i doubt not , but it will meet with a candid entertainment . thus once more imploring your grace's pardon , wishing you length of days , and a continual increase of riches and honour , i am your grace's most humble , and devoted servant , c. c. a satyr against ambition and the last horrid plot. in golden times , when saturn's peaceful throne was undisturb'd by his aspiring son ; when just astraea poiz'd her equal scales ; whose flight the earth e're since , in vain , bewails ; when peace , and smiling innocence possest the spotless mansions of each happy breast ; no birds but halcyons plough'd the fragrant air , and every thing mov'd tuneful in its sphear , when influenc'd by kind heaven , the teeming soil brought forth her fruits without or pain or toyl ; it was an happy age , no pride was then e're known to fill the furious breasts of men ; no sin , or guilt was then , no factious jarrs , no civil tumults , nor intestine wars , no mortal wounds were then by discord made , no reaking gore e're soyl'd the shining blade ; seditious madness then could never arm this whiter age of love to publick harm ; happy was man then in so blest a fate , a little lower than an angels state : then in a dismal vault , where phoebus's ray never approach'd , nor the least spark of day ; howling , in chains , the fiend ambition lay . nor knew she how to exercise her rage , and fire mens breasts , till the succeeding age ; till haughty jove rebellious prov'd , to shew what his great mind would for heav'ns empire do , usurp'd the throne , and his own father slew ; strait then he set the green-ey'd monster free , and bade her roam and range at liberty . scarce was young jove settled in 's father's throne , scarce did he call the diadem his own , ' ere rank ambition had possess'd the world , and o're the spacious earth its plagues had hurl'd . jove shook his tresses , and with fury said , since the black venom o're the earth is spread ; since all mankind's in horrid vice involv'd , and my great power slighted , i 'm resolv'd nor prayr's nor tears shall o're my will prevail , the foaming waves shall come and ruine all . thus said — heav'ns casements strait did open fly , and flouds of horrid rain rush'd from the dark'ned sky . scarce was his mighty fury at an end , scarce he began to people th' earth agen ; but a new stock of monsters strait was grown , not by our grand-sire deucalion sown ; but rankly sprung from curs'd ambition's seed , ( 't is fair to look on , but a poys'nous weed , ) titans they call'd 'em , each with hundred hands , contemn joves thunder , and his power withstand . these soon resolv'd to seize his mighty crown , and from heav'ns-arch pull the usurper down . ossa upon olympus top they threw , and then huge pelion upon ossa too , two or three mountains more they thought would do . till joves loud thunder from the injur'd sky , made the earth's sons in their own mother lye . whose cursed off-spring has e're since remain'd , and o're the universe vast conquests gain'd . did not the first-born man , the mighty cain , with furious emulation fir'd , disdain that any , nay , a brother's sacrifice , to heaven , should more grateful prove than his : nought but his bloud atton'd the sacred crime ; tho he himself was made the curse of time. how did abimelech , the tyrant , sway , and his great soul to horrid deeds betray , as seventy brethren at one blow to slay ? nay , the more base , and weaker woman can , in this , out-do the lordly creature man. did not the furious athaliah , fir'd with hot ambition , and with rage inspir'd , all branches of the regal-line cut down , whose birth might make 'em look towards a crown ? ah , curs'd ambition ! honour-blasting fume , canker of greatness , that dost all consume ; the curse of kingdoms , and the bane of states , on whom so many fatal mischiefs wait . o the attempts this hell-born greatness makes ! what horrid methods and dire rules it takes basely to compass its designed ends , treading upon the necks of dearest friends , brother ' gainst brother plots , and sons inquire into the age of their too long-liv'd sires ; strangers with iron-rods must bruise the land , and all alike must bow to th' conquering hand . the greedy rich , the needy poor devour , their judge was appetite , their law was power ; robbers the field , and souldiers sack'd the town , no sense of dangers could oppression drown ; i' th' court , or open forum to complain , was crime enough to plague you worse again ; nor was their lust less lawless , or less bold than all their study'd arts for blood , and gold. weak beauties they decoy'd , and forc'd the strong , and made no difference 'twixt the old and young ; nor did the sword 's less cruel empire cease , but rul'd and rag'd alike in vvar and peace : virgins were ravish'd , aged matrons made objects of lust , and victims to the blade ; nor the least pity or remorse was shown , from their first shriek , to their last dying groan : infants were pull'd from their dear parents arms , their prayers and tender tears had lost their charms , the temples flaming , and the gods pull'd down , and blood and ruin rag'd in every town , old-age dishonour'd , lawless youth bore rule , and vertue made a sneaking ridicule . methinks i see grim scylla's ghost appear with furious looks , and wild dishevel'd hair , pointing out death and slaughter every where , prompting the catilines of this head-strong age to plots , and treasons , and intestine rage ; i hear the snakes hiss from the fury's head , and see around the place their venom spread ; methinks i see the horrid fiend arise , darting infernal light'ning from his eyes ; methinks i view him at the damn'd caball , and each conspirator by name doth call ; go on , great patriots , with your worthy cause , contemn all monarchs , and confront their laws ; go on , in your religious villany ; and be as fam'd for horrid deeds as i : think on the mischiefs i before have done , when son the father kill'd , father the son ; o that i had but jove's celestial fire , i soon with my fell rage would you inspire , that still should urge you , still your thoughts possess , with monstrous and gigantick wickedness . or , would the cruel destinies once more for a short space my thread of . life restore , vvhat glorious and unheard of deeds i 'd do , death should be tir'd , and i would still pursue new horror , till no horror could could be new . no sex , nor age should ' scape my cruelty , nor infants in the porch of life be free . thus have i done to be for ever known , thus have i done to make the world my own . but first , young pupils , i 'd begin at home , and there lay the first scene of bloud to come ; amuze the rabble , buzz into their ears , and dun 'em still with jealousies and fears ; tell them that strangers would your rights invade , and you your selves be slaves to strangers made : tell them of dire portents , and fearful signs , ( fit masks to cover all your black designs ) of jago-pilgrims , armies in the air , and traytors , though you tell not who or where ; when you your selves the real traytors are . assert your liberties , and maintain your rights , and even be the people's favourites ; let every plot , let every base design , cloath'd with religion's fairest out-side , shine ; 't will please the vulgar , and advance the cause that bleeding lies , crush't by the stronger laws ; still let religion be the specious prize , when wealth and interest at the bottom lyes ; interest makes cowards valiant , parties great , and is the rankest venom in a state. think on your wants , and let their force prompt on your free-born souls to insurrection ; if any roman bloud flows in your veins , if any spark of roman fire remains ; think on your debts abroad , and wants at home , and that more desperate slavery to come ; your youth is blooming , and your age in prime , and all conspire to bless the grand design ; your number 's mighty , and your party strong , rise then , great spirits , and revenge your wrong : nought but your sloth and folly can prevent so great , so pious , and so brave attempt ; unless , like vulgar slaves , you 'd rather dy , than free-born men to live victoriously . — so said — an ominous silence fill'd the place , and horror strait appear'd in every face ; with groans and desperate rage departs the fiend , but left his loathsom , sulphurous breath behind . — the curs'd advice no longer was withstood , they strait resolv'd to christen all in blood ; voting it justice , innocents to kill , and meritorious , royal-blood to spill . too well they knew what secret magick lies in their religion , rights and properties : this arms the rout , and makes the faction great , and breeds the tallest monsters in a state. the first that mov'd within this treacherous sphear was once a real fix'd , now wandring star. ah! lentulus , how graceful was thy meen ? in thy fair breast what vertues once were seen ? flush'd with green honour in his golden dayes , his early valour won the victor's bays . his blooming fame by every muse was sung ; and his great name the ecchoing valleys rung . he forc'd the northern rebels to obey , and to their caesar just allegiance pay . in peace no less was his great youth approv'd , ador'd by many , but by all belov'd ; still by his gracious father was caress'd , with more than common happiness possess'd , and in his favour exquisitely bless'd . then he was loyal — had he kept but here , he still had shin'd within our hemisphere , had not the too large draughts of honour's bowl debauch'd his genius , and o're-charg'd his soul : had not that pigmy-proteus of the state decoy'd his sense , and urg'd him to his fate ; by him he fell , by him his easie breast was with ambition's tow'ring thoughts possest , hence was it , that he needs must soar so high , to spread his streamers in the open sky ; big with vain hopes , he travers'd all the land , whilst hot-brain'd crowds still prest to kiss his hand ; these drank his health in every jocund bowl , and with the thoughts of empire charm'd his soul , that three cornelii were to reign in rome , cinna and sylla past , and lentulus to come ; these with loud shouts , and acclamations high , send up his bubble-name to th' lofty sky ; the cods bless lentulus , was all their cry . thus on the wings of popular applause he bore the idol of the rout , the cause . royal and rebel too ! 't is wondrous strange ; what circean charm could work so ill a change ? like him of old , ( as sacred stories tell ) the rebel-regiment of angels fell ; how happy still , how glorious had they been , had not ambition been a god-like sin ? th' almighty power they boldly did defie , and thought to lord it o're the deity ; till to the dark abyss of horrid night he forc'd the plotting troops to take their flight . next him , tho deeper in the black design , for horrid deeds renown'd , was catiline , with a foul soul in a fair body fixt ; thus aconite with th' choicest wines is mixt ; fair to the outside , but within doth kill , like deadly venom in a golden pill . betimes ambition his hot thoughts possest , and sow'd its fatal seeds within his breast . nor did his thoughts only on greatness run , nor did ambition only reign alone : well might aurelia curse th' unhappy day , when at her feet her rebel-brother lay : when naked from his lewd , incestuous bed , trembling , and pale , the debauch'd charmer fled . ah , catiline ! the gods are ever just , and oft severely punish lust with lust ; else why did beauteous laura spend her charms within the circle of another's arms ? must this to plots and massacres invite ? and thy bold soul to treason strait excite ? could nought your lawless bloody rage suffice , but god-like caesar fall the sacrifice ? and for none other crime than this alone , for being his glorious martyr'd father's son. next him in order rash cethegus came , one that by blood and wounds hath got a name , an upstart bully , whose chief talent lyes in swearing , duels , nauseous whores , and dice . down with 'em to the ground , the hot-spur bawls , not all jove's thunder shall prevent their falls . lop every branch of the caesarean line , to prove succession's not of right divine , what my strong arm ' ere now has done , you know , for want of work 't will dull and useless grow , ' s'death , i 'll murder all the senate at a blow . the talking consul shall in flames expire , and his own palace prove his funeral pyre . mistaken hector , stop thy rash career , princes , and states are heavens peculiar care , the gods protecting them , protected are . think what in scotland thou before wa'st known , then a moss-trooper , now a vagabond ; think on thy former murders , think tho fate defers a while , yet 't will not always wait ; traytors at last to their own grief will find the gods are never deaf , nor like tiresias blind . next the scotch augur enters , who but he , the chaplain to the precious villany ; that motly popish-puritan , who swears 't is meritorious , what the party dares . all the past precedents that are now in hell , cannot this priestly villain parallel ; what bigots are those silly fools , he cryes , that a religious monarch idolize ? when princes by their subjects fury fall , th' old romish gentleman shall pay for all . that prince that doth his subjects rights annoy , 't is fit his subjects should that prince destroy . it is not for religion that he dyes , but for his subjects rights and liberties ; 't is such a deed't would make the whole world shake and foreign princes more indulgent make , and other subjects our example take ; 't is great , and glorious , and would raise our names higher than his that fir'd diana's fane . and he that this transcendent deed shall do , to his great name a lasting statue's due , higher than th monument , and deserves to be enroll'd amongst the liberatores patriae . these things thus ransack't in the dire cabal , some neighbring forces to their aid they call , the scotch allobroges were soon betray'd , and horse and armour promis'd to their aid . a people envious of the roman fame , and bore a mortal hatred to their name ; unnat'ral monsters , who to break their chain would still rebell , tho knew 't was but in vain . thus when they 'd every where sedition sown , and the rank venom to that height was grown , though with the greatest care , the impious crew conceal'd the villany they thought to do ; though plots on plots , and new designs were laid , yet still they were discover'd , still betray'd ; when at the last , impatient of delay , the purging poyson found its sought-for-way . then like obscene , and dismal birds of prey , dreading the piercing power of phaebus ray , to bogs , and glomy regions took their flight , and skul'kt in the obscurer shades of night . soon as the horrid stratagem took air , and reach'd the injur'd god-like caesar's ear , the pious prince with sacred anger fir'd ; ( like some great prophet from above inspir'd ) unhappy men , said he , that know no odds , between my peaceful reign , and cromwels iron-rods , what makes 'em thus in love with misery ? and free-born-men to plot for slavery ? has time yet the remembrance worn away , of that deplorable , unhappy day , when at the stake three helpless kingdoms lay ? when all the isle by threatning storms was tost , when that a king , and i a father lost ; what loss , what ruine did we then sustain ? and must the same be acted o're again ? have we not felt great heav'ns avenging hand , but lately stretch'd to vex our factious land ! what raging pestilence has there lately been , when thousands gasping in one street were seen yet all too little to attone the sin. that done — succeeded next , th' all-conquering fire , and earth as well as heaven did conspire to purge the nation , and avenge the blood , of a slain monarch , one so great , so good ; must wretched albion then for ever be the only stage of blood and cruelty ? no more let mercy and indulgent grace possess the wrong'd astraeas awful place . no more shall it be said , the tottering cause shall go unpunish't by th' impartial laws ; but let unbiass'd sentence still be given , 't will wash the guilt , and grateful be to heaven . but why , ye mighty powers , should caesar prove so much unhappy in his subjects love ? 't was never known that heav'n afflictions sent upon a prince that 's wholly innocent ; why should sedition with so black a dye , strike at such sacred marks as majesty ? are these the tender-concienc'd-men , who dare attempt what others do with horror hear ; that would to moloch sacrifice the nation under the specious mask of reformation . grant heaven their fury may no further run , they 've kill'd the father , and would fain the son. let their seditious rage be at an end , and smiling peace once more the throne ascend . no more let impious faction rule the day , nor point to anarchy th' unhappy way ; let all rebellion , discord , vice , and rage , that have in patriots forms debauch't our age , vanish with all the ministers of hell , and meet the fate of base achitophel . no more let civil wars torment our isle , but all things with an halcyon quiet smile , and caesar blest with more than nestor's years , ( caesar , the theam of all our pray'rs and tears ) with choicest blessings , heaven crown his reign , and grant once more our golden age again . in him let every subject happy prove , and he be happy in each subjects love. finis . [the tryal of john hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the sessions-house in the old-bayly, london ... th of december, ...] hampden, john, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) [the tryal of john hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the sessions-house in the old-bayly, london ... th of december, ...] hampden, john, ?- . england and wales. court of king's bench. p. printed by e. mallet, for d. mallet, [london : ] reproduction of original in university of michigan libraries. imperfect: lacks t.p. in filmed copy. information supplied by bm. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher 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markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . hampden, john, ?- -- trials, litigation, etc. trials (treason) -- england. rye house plot, . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal of john hambden , esq the th day of november , . ann. . car. . reg. john hambden esq being brought up by writ of habeas corpus , from the tower of london , and there being an indictment preferred against him for misdemeanor , his majesties attorney general , prayed that he might be a●●igned upon it , which was done in this manner . cl. of cr. john hambden , you stand here indicted by the name of john hambden , late of the parish of st. giles in the fields , in the county of middlesex , gent. for that you being a pernitious and seditious man , and a person of a wicked mind , and of an impious , unquiet , and turbulent disposition , and contriving , practising , and falsly , unlawfully , unjustly , maliciously , turbulently , and seditiously intending the peace of our soveraign lord king charles that now is , and the common tranquility of this kingdom of england , to disquiet , molest , and disturb , and as much as in you lay , sedition within this kingdom of england , to incite , stir up , and procure , and the government of our said lord the king in this kingdom of england into danger to bring , and that you the said john hambden , your most impious , wicked , and seditious intentions aforesaid , to fulfil and perfect , and bring to effect the last day of june , in the five and thirtieth year of the reign of our said soveraign lord the king that now is ; and divers other days and times as well before as after , with force and arms , &c. at the parish of st. giles in the fields , in the county of middlesex , unlawfully , unjustly , maliciously , and seditiously did assemble your self , meet , consult , conspire , and confederate with divers evil disposed subjects of our said lord the king to the jurors unknown , and with the said persons did treat concerning your said most wicked and seditious compassings , imaginations and purposes aforesaid , to be executed , fulfill'd , and brought to effect ; and further that you the said john hambden your most wicked , impious , and seditious contrivances , practices and intentions aforesaid , to fulfil , perfect , and reduce to effect , then , and there , viz. the last day of june in the th . year aforesaid , and divers other days and times , as well before as after , at the parish aforesaid , in the county aforesaid , with force and arms , &c. falsly , unlawfully , unjustly , maliciously , and seditiously did consult , consent , censpire and confederate of an insurrection within this kingdom of england to be made , and of procuring and providing arms and armed men to be prepared in divers places within this kingdom of england your same most wicked , impious , and seditious intentions and compassings aforesaid , to fulfil and perfect : and that you the said john hambden , your most wicked , impious , and seditious intentions aforesaid , to fulfil and perfect , and bring to effect afterwards , viz. the last day of june , in the th year aforesaid , at the parish aforesaid , in the county aforesaid , with force and arms , &c. falsly , unlawfully , unjustly , wickedly , maliciously , and seditiously did consult , agree , and consent that a certain person to the jurors aforesaid unknown , should be sent into scotland to invite and incite divers evil disposed subjects of our said lord the king , of his kingdom of scotland , to come into this kingdom of england to advise and consult with you the said john hambden , and others the aforesaid evil disposed subjects of our said lord the king in this kingdom of england , concerning aid and assistance to be expected and supplyed out of the said kingdom of scotland , your said most wicked , impious , and seditious intentions and compassings aforesaid , to fulfil , effect , and promote in manifest contempt of the laws of this kingdom of england , to the evil and most pernicious example of all others in the like case offending , and against the peace of our said soveraign lord the king , his crown and dignity . how sayst thou , art thou guilty of this high misdemeanour whereof thou standest indicted , and hast been now arraigned , or not guilty ? mr. hambden . not guilty . upon which plea issue was joyned between his majesties attorney general , on behalf of the king and defendant , and bail was then taken for the defendants appearance the next term. hillary term , and . car. secundi reg. in the beginning of the term , sir thomas jenner , knight , his majesties serjeant at law , and recorder of the city of london , moved for a tryal at the bar , in the case between the king and mr. hambden , which was by the court appointed to be on wednesday the th of february in the same term. die mercurii . februarii , . anno regni reg. car. secundi . . cl. of cr. call the defendant john hambden . mr. williams . he appears . cl. of cr. gardez votrez challenges . call sir charles gerard. cryer . you shall well and truly try the issue between our soveraign lord the king , and john hambden , gent. and a true verdict give according to your evidence . so help you ●●d . jurat . sir charles gerard. cl. of cr. roger jennings , esq jur. henry hodges , esq jur. joshua galliard , esq mr. williams . we challenge him for the defendant . l. ch. just . what is your cause of challenge ? mr. williams . if your lordship please to let him go through the pannel , we will shew cause if there be not enough left without him . l. ch. just . no , shew your cause now , it being against the king. mr. williams . he has an employment under the king , he has an office in the forest , and that we say is our cause of challenge . l. ch. just . what then if he have ? mr. williams . my lord , we suppose then he is not an indifferent person to try this cause . l. ch. just . ay , let me hear that now proved and defended by any gentleman of the long robe , that that is a good cause of challenge . shew me what law there is for it . mr. williams . to be of the kings robe , or pay , or sallery , is an exception in any case wherein the king is concerned . l. ch. just . shew me any law for that if you can , mr. williams , i know you are a lawyer . mr. wallop . it is the opinion of my lord coke in his institutes , that it is a good cause of challenge . l. ch. just . but there is the opinion of all the judges in henry the fourths time against it . mr. wallop . it is my lord , fol. . l. ch. just . but i can cite you three or four books , and you have them all together in rolls abridgment , title challenge , where he sets down four books one after another , that it is no cause of challenge , even to be the kings tenant , and there is a great deal of reason for it . for if that were a good cause of challenge , mark the consequence , then all persons that hold lands in england hold them mediately or immediately of the king , and so the king could have no free-holders to be jury-men in his cause . mr. williams . this is a more special cause of challenge than that . l. ch. just . what can be greater than that of being the kings tenant ? mr. att. gen. especially when all the land of england was held of the crown , as originally it was . mr. trever . my lord in d . rolls . tit. tryals , there is the express opinion of my lord rolls , that to be of the livery or a menial servant of the crown , is a good cause of challenge . l. ch. just . and look you but in the st case in the st part of the abridgment , title challenges , where he mentions or books to the same purpose ; and 't is quite otherwise . mr. williams . my lord , in that of st . rolls , he only cites some books , but the other is his own opinion . l. ch. just . well , make out your fact if you have a mind to it : but it is well known that neither mr. serjeant rolls , nor my lord coke , when he delivered that opinion , are to be reckoned such authorities in crown matters . mr. williams . we will ask him , my lord , if you please . i suppose he will not deny it . l. ch. just . no , make out your fact if you will have any benefit by it , 't is only a challenge to the favour , which ought not to be in the kings case . i am very glad that we are now to debate this matter with men of the robe , because we have had a strange sort of notions and reflections spread abroad of late , as tho' the judges now adays gave strange sort of opinions , and as tho' persons that had been blemishes at the bar , were preferred to do strange things when they come upon the bench ; but truly i wonder to hear that it should be a doubt , when at the same time that which we gave as our opinion about one particular challenge , that is as to free-holders , it was the judgment of all the judges , that that was no challenge , and all the counsel that were concerned in that case , know it was the opinion of all the judges . but now if we meet with lawyers , i shall be glad to have the matter fairly argued and debated , and pray shew me what law or reason is for it . mr. wallop . certainly my lord , there is a great difference betwixt the general allegiance of all men , and so of a general tenure , and the dependance of any particular person who is a menial servant , and receives wages of the king. l. ch. just . i would desire to know of you mr. wallop , which is the greater challenge , to say such a one is tenant , or such a one is immediate servant to j. s ? mr. wallop . there is a great difference , my lord , i think , between an immediate tenant , and the general tenure of all subjects . l. ch. just . but certainly the law is thus , if he were an immediate or a mediate tenant to any but the king , if his lord were party to the suit it would be a good challenge , but the being tenant to the king is no good challenge in the kings case . mr. williams . my lord , i take it , the act of parliament that takes away the court of wards and liveries , hath altered the law as to that matter of tenure ; for now we hold in socage , and that other tenure is destroyed that was between the king and his subjects . l. ch. just . but pray how comes it to be a challenge now that was not one before ? does that act of parliament make it a good cause of challenge ? if it does , shew it . i tell you the old books are against it . mr. williams . i speak , my lord , to the tenure , that that is nothing at all now to be objected , because all is now in socage . l. ch. just . i would not have mr. attorney insist upon a jury-man , but yet with-all i would not have it gone away with as law , that it is a good cause of challenge . mr. wallop . my lord , we finding in some cases that are in our books , that it is held to be a good cause of challenge , lay it before the court. mr. att. gen. how many errors do you find in my lord coke , notwithstanding all his learning ? l. ch. just . i say if i was mr. attorney , i would not contest for any particular man to be a jury-man , i speak that as my advice , but i would not have it taken for law , nor would i have it broached abroad , that tho' the judges now were of one opinion , yet the law truely was of another . mr. jones . if all that receive sallery , or wages from the king , are not to be jury-men in the kings causes , then all the deputy lieutenants and militia officers , which generally are the most substantially freeholders , are excluded from being jury-men . mr. just . wythins . who will say so , mr. jones ? no lawyer in england surely will say so . mr. williams . offices where there are no profit , will not be the same exception . mr. att. gen. but he is no menial servant of the kings . mr. williams . what is he then ? mr. wallop . we hear that he is keeper of one of the kings forests , and has a fee for it . mr. williams . well , we will ask him upon a voyer dire . mr. att. gen. my lord , the fact is quite otherwise , and i desire they may make it out . l. ch. just . truly i think 't is not tanti to insist upon any particular man , but i find we are in age that is so full of cavils , that if we act but according to the presidents that went before us , we are thought to act as originals , and to make new laws , when we only follow the rules that we have received from our predecessors . and i say there was no such challenge at common law , that ever i read of in any of our books , nor is it any challenge by the best authorities extant . mr. jones . i desire them to shew me any such president , that any man was challenged by one that was tried at the suit of the king , for a challenge to the favour , but we must do unpresidented things , or else there will be no satisfying of some men. mr. att. gen. i would fain know , what one opinion in a stragling book is against the currant of all our law ? mr. williams . which do you call a stragling book , mr attorney ? my lord coke's institutes , or my lord rolls abridgment ? l. ch. just : i say the better opinion of the books is on the other side , and the greater number too . mr. att. gen. first of all , i do know of my own knowledge , he is no menial servant . l. ch. just . mr. attorney , i do debate it for learning sake , truely i know not the man , nor whether he be the kings servant , or not , but i speak against allowing the challenge , that if he be set aside , it may not be taken as a president , and so pass for law that the kings servants can't be jury-men . i would have you quit the man by consent , but not as a force-put , as tho' the law were so , for the law i think is otherwise . mr. att. general . he is none , my lord , they mistake . l. ch. just . nay , i know nothing of the man , i tell you only what i think . mr. wallop . he receives wages , or a fee from the king for his office. mr. just wythins . i would never for my part while i live , nor never did , while i was a practiser , stand upon any particular jury-man . mr. att gen. he may be a jury-man by law sure . l. ch. just . there is no doubt of it , mr. attorney . mr. att. gen. my lord , if your lordships have given your opinion , i desire he may stand by . l. ch. just . well , mr. attorney waves him , let him stand by . mr. att. gen. but for no reason that has been offered . l. ch. just . no , no , i don't hear any thing of reason offered for it . cl. of cr. mr. galliard . you may go down . thomas harriott , esq jur. thomas earsby , esq jur. william avery , esq jur. john sharpe , esq jur. richard shoreditch . mr. williams . we challenge him for the defendant . l. ch. just . what is your cause of challenge ? mr. williams . there is the same exception to him . l. ch. just . if mr. attorney will consent , with all my heart . mr. sol. gen. no , we humor'd you in one , we won't humor you any more . mr. williams . nay , here is something more clear for us , he is a serjeant at arms attending his majesty . mr. just . wythins . you know our opinions already , mr. williams , unless mr. attorney consent , we can't do it . mr. williams . we only acquaint mr. attorney with it , we must submit to your rule , he is certainly serjeant at arms , he came in the place of dereham that let my lord gray escape . mr. att. gen. pray prove it , i don't know it for my share . mr. williams . will you ask him the question ? mr. att. gen. pray prove it . are we to gratifie your clyent ? pray let him better instruct his counsel . l. c. just . if mr. attorney consent not , then he must be sworn . mr. att. gen. if there be enough without him that do appear let him stand by . cl. of cr. stand down mr. shoreditch . charles good , esq jur. mr. att. gen. that it may appear how fair things were carried , they would not strike out one of these men when they came before the protonotary , as they might have done . mr. just wythins . truly that was not well done , to trouble the court when you might make your exceptions there . mr. williams . we did not know it then , now we do , we offer it to the court. cl. of cr. sam. rouse , esq jur. hugh squire , esq jur. nehemiah arnold , esq jur. and john bifeild , esq jur. then the jury were numbred , and the sworn were these . sir charles gerard , baronet . jur. roger jennings , esq jur. henry hodges , esq jur. thomas harriott , esq jur. thomas earsby , esq jur. william avery , esq jur. john sharpe , esq jur. charles good , esq jur. samuel rouse , esq jur. hugh squire , esq jur. nehemiah arnold , esq jur. john bifeild , esq jur. cl. of cr. gentlemen of the jury , you that are sworn , hearken to your charge . the defendant john hambden stands indicted by the name of john hambden , of the parish of st. giles in the fields , in the county of middlesex , gent. ( prout in the indictment , mutatis mutandis ) — to this indictment he has pleaded not guilty , and for his tryal puts himself upon the country , and the kings attorney general likewise , which country you are , your charge is to inquire whether the defendant be guilty of the great misdemeanour whereof he stands indicted , or not guilty ; if you find him guilty , you are to say so ; and if you find him not guilty , you are to say so , and no more ; and hear your evidence . then proclamation was made for evidence in usual form . mr holoway . may it please your lordship , and gentlemen , you that are sworn , i am of counsel for the king upon this indictment . gentlemen , the indictment sets forth , that the defendant being a seditious malitious evil disposed person , and seditiously and maliciously intending to disturb the peace of the kingdom , the last day of june , in the . year of his now majesty's reign , and divers other days and times , at the parish of st. giles in the fields , in your county , did unlawfully assemble , and confederate himself with divers evil-disposed persons , subjects of our lord the king , and then and there , with those other persons did falsly maliciously and seditiously consult and conspire to make an insurrection in the kingdom of england , and to provide arms and armed men in divers places of the said kingdom . and the better to compleat his evil intentions , the said last day of june , did consult and agree to send certain persons , to the jurors unknown , into scotland , to invite several evil-disposed persons there to joyn in this conspiracy . this is the substance of the charge , and to this he says , he is not guilty ; if we prove him so , we do not question but you will find it . mr. att. gen. may it please your lordship , and you gentlemen of this jury , mr hambden stands indicted of an high misdemeanour , for conspiring with several others , to raise rebellion within the kingdom , and to crave the assistance of the brother-hood of scotland . upon the face of the indictment , gentlemen , it appears to be a very high crime , and the matter of this indeed has been formerly in examination in other tryals , and yet the party you may observe do not acquiesce in those tryals , but think the persons accused lay under very great hardships , and that to a very great degree , as not having the advantage of counsel , nor to have their witnesses examined upon oath ; and therefore , gentlemen , the king is pleased to go less in this case than in the others , that this gentleman , who is now before the court , may clear his innocence , if he has any witnesses to do it . and if there be any advantage that the having of counsel can contribute to his cause he has that allowed him too . the course of our evidence , gentlemen , will be this . we shall prove to you that mr. hambden with five other persons , ( i shall name them ) the duke of monmouth , my lord russel , mr. sidney , my lord of essex , and my lord howard , they met several times , ( the particulars we shall give you an account of ) one was at mr. hambden's house , another was at my lords russels , where they did contrive together , and took upon them to be a juncto or a counsel of six collected out of the wisest men of the kingdom , to consider how they might better the affairs of the nation , and how they might make a stir : for they thought there was no way possible otherwise of doing it , but by their joynt counsels to carry on a rising . and that they might do it the better , they resolved to crave the assistance of scotland . gentlemen , we shall give you an account of their consults and debates , and shall shew you , that at length they came to a resolution , that the rising was to be carried on joyntly in london , and the several parts of the kingdom , in several countries at once . then they came to think , and consider whether it were not best to send into scotland , to draw them in too . and thereupon it was agreed by this juncto , that they would send thither , and the management of it was committed to mr. sidney , to send some fit person into scotland , to treat with the male-contents there ; and the better to carry on this joynt design , some of them were to come up to london . and they were to have a pretence to treat about going to carolina , and the purchasing some shares in the plantation there , of which my lord shaftsbury was a chief governour . we shall prove to you , gentlemen , besides all that i have opened , that the person to whom that trust was committed , mr. sidney , according to the duty that he had taken upon him , does employ one aaron smith , which all that know him , do know him to be a fit engine for such counsellors , and a fit instrument for such a conspiracy . we shall prove he actually was in scotland , and that he went into scotland upon this errand . and then we shall prove , that those gentlemen that were sent to , and were the persons named in their consults to be treated with , came here soon after to town , and as soon as ever this plot was discovered , they fled and absconded themselves . gentlemen , if we shall prove all this matter to you , i think it will be without any question clear , that this gentleman is notoriously guilty of this high misdemeanour . and indeed , if you observe it , one of the persons has given judgment against himself , the earl of essex . but the party have been so diligent and officious as to fling that upon the government ; but that matter we shall have before the court in judgment to morrow . for two of the others they have received the judgment of the law ; for two more of them the king has been pleased to take them into his mercy ; the one is my lord howard , who is summoned to appear here to day ; the other is the duke of monmouth , who has confessed all this matter , and has taken his pardon , and we have summoned him also to be here this day ; that the world , if they will have their eyes opened ( i mean the discontented world ) may see there is nothing sought but the peace and quieting of the kingdom . gentlemen , if we prove all this matter to you , i shall be glad to hear the defence of the counsel , and the defence made by witnesses upon oath . mr. sol. gen. my lord , we will call our witnesses , and first we begin with the duke of monmouth . mr. att. gen. call james duke of monmouth . cryer . james , duke of monmouth . mr. att. gen. call him again . cryer . james , duke of monmouth . l. ch. just . was he served with a subpoena ? mr. att. gen. my lord , we will prove we have served him in all places where he was like to be met with ; that we left subpoenas with his servants , who promised to deliver them to him . l. ch. just . prove it . mr. att. gen. where is mr. atterbury ? swear him which was done pray will you give the court an account , whether you did serve the d. of monmouth with any subpoena ? in what places you were to serve him , and who you left it with ? mr. atterb . my lord , on fryday last was seven-night , i was commanded by mr. attorney general to carry a subpoena to serve upon the duke of monmouth , and to go to his house at moor parke , where it was generally discoursed he was . i did go and take a subpoena from mr. burton , by mr. attorney's order , and went to the duke's house at moor parke . when i came there , the outward gate was locked , and i went to an house where the keys are kept , and having got the keys , i went down to the house , and i saw there one of his servants fothering of cattle ; and coming up to him , i asked him if the duke of monmouth was in the house ? he told me , he could not well tell , whether he was or not , but he thought he was gone to london , for he saw the calash , and or horsemen with it , and they said in the house , that it was the duke that was gone to london . i asked if there were any servants that were nearer to his grace in the house , that i might speak with ? they said , yes , there was the house-keeper or steward , one mr. rawkins that attended upon the duke . i desired to speak with him , and he came out to me ; i asked him if the duke was there ? he seemed to be unwilling to give me an answer . i asked him the second time ; but he did not say he was , or he was not . i told him then , i had a subpoena , which i brought with me by mr. attorney general 's order , to serve upon his grace , which was to require him to attend here this day , to testifie his knowledge in a case between the king and mr. hambden . he told me , sir , said he , give me your subpoena , and i will take care the duke shall have it . he took it of me , and i came back to london presently . assoon as i came to town , i had a second subpena given me to serve upon his grace , with which i went to the dukes house at the cock-pit . when i came there i spake with the porter , i think his name is johnson , ( b●● the porter he is , and i remember him a servant there many years ) i asked him if the duke were there ? he told me he did not lodge there . i told him i had a subpoena to serve upon his grace to appear as this day , the same as i said at moor park . says he , mr. atterbury , i will take care the duke shall have it to night , or to morrow morning early . l. ch. just . when was this ? mr. atterbury . it was of the same day , friday was seven-night last . i was told afterwards by one that i met with , that the duke did lodge at mr. row's house , who is a servant to the duke , one of his gentlemen . he lives in the pall mall , 't is either his house or his lodging , but they call it his house . i had a d subpoena given me to the same effect . and when i came there , i asked for the duke , and a woman came to the door , mrs. manley ( i think they call her ) she seemed to make little answer to what i said . said i , pray will you give this subpoena to the duke , or to mr. row to give it the duke ? she took it of me , and said , she would give it mr. row certainly to give to the duke . and yesterday , or the day before , i met mr. row at white-hall , and says he to me , mr. atterbury , you brought a subpoena to my house a little while ago ? yes , sir , said i , i did , had you it ? yes , i had the subpoena , says he . then says i , i hope you gave the duke it ? to that he made me no answer , but nodded his head , and smiled , and went away . l. ch. just . now call his grace again . cryer . james duke of monmouth . but he did not appear . mr. att. gen. call william lord howard . who was in the court. pray swear my lord howard . which was done mr. att. gen. my lord howard , pray will you be pleased to give the court and the jury an account what you know of any meeting by the gentleman that is now accused and the duke of monmouth , my lord russel , your self and others , and when ? tell what you know ? l. howard . my lord , in january last was month , about the midst of january i was called out by colonel sidney , being then in my lodgings in southampton-street , and carried by him to mr. hambden's house , i do not know what they call the street , but the same side of the way with the fine house that is in bloomesbury — mr. jones . by my lord mountagues house that now is , you mean ? l. howard . yes , of the same side of the way . when i came there , there was my lord russel , and the duke of monmouth , colonel sidney and i went together , mr. hambden was then in the room where they were . afterwards came in my lord of essex , this made up six . when they were there , we fell into discourses — mr. att. gen. pray my lord , before you come to tell the particular discourses , give an account how , and upon what grounds you came to have this juncto of six ? l. c. just . if you please , my lord , pray give an account of the preliminary passages . l. howard . my lord , after the disappointment given to an undertaking that was begun by my lord shaftesbury , which was in october or november before , in november he dyed . after that , truly i cannot say , but that colonel sidney and my self might be , and were the two first that did give the rise to it . for being in discourse , we said it was absolutely necessary that there should be some council erected to give some steadiness to the motions — l. ch. just . my lord , i would not willingly interrupt you . but you seem to speak of a disappointment given to an undertaking by my lord shaftsbury . pray what was that undertaking ? l. howard . your lordship has heard of that before , and know it very well . l. ch. just . tho' we know it , the jury do not . they have not heard it judicially at least . l. howard . because it has been in the printed books , every body i suppose knows it . l. c. j. but that they cannot judicially take notice of . l. howard . that is something a long history , my lord· l. c j. tho' it be we must hear it . mr. att. gen. pray make it as short as you can my lord. l. howard . so much as i can give accompt of is this . it was about the day after michale's day that i came to my own house having been before in essex , and that i think was saturday . the monday following captain walcott came to me and dined with me , and after dinner told me my lord of shaftsbury had left his house , and had betaken himself to a private lodging , and had hid himself from the rest of his friends ; but had a great kindness for me , ( which kindness truly i wish he had spared ) and desired to see me , i took time to consider of it ; but i bid him go back to my lord of shaftsbury and tell him if he had any thing of an extraordinary nature to acquaint me with , i would come and assist him all i could . he came the next day again and shewed me to my lord shaftsbury's lodgings : he lodged then at one watson's house a citizen , i know not what street they call it ; but it was in a little street down by wood-street . and when i came to him , i found my lord shaftsbury very much differing from what he used to be , which was more cautious , and presently he fell to tell me that he was forced to withdraw himself from his own house , for fear of being attacked again by sham-charges and plots , and false evidence as he had before : for now he said , he saw they had the possession of all juries by having those sheriffs which were imposed upon the city , as he said , and he could not think his own life or any mans life safe ; for to be accused was sufficient to bring his life into very great danger , and for that reason he had with drawn himself to that private retirement ; and being there he was resolved to make some speedy push for recovering of the liberties of england , that there was preparation made in the city of several of men that were all in readiness to rise , and that for his part he was resolved to be set on horse-back ; for get on horse-back he could not ; and that there were great numbers that were ready when he did but hold up his finger to be drawn together at any time : that divers had been drawn out of the country to joyn with them by insensible parties of horse , i think he named about fourscore or an hundred . which since i found were to be headed by col. romsey upon the day of making and declaring the sheriffs ; but finding there was nothing done , he withdrew himself and his man thither ; but there was such a general preparation in the city , that if some lords did not unhandsomely desert them they should be in readiness for action quickly . i askt him who he meant ? he told me , the duke of monmouth and my lord russel had very unhandsomely deserted him ; for they had promised and undertaken to be in readiness with men out of several countreys in which they had an interest , he named somersetshire , devonshire , and cheshire , i think , and that my lord gray should be disposed of into essex to do the same there , and if they had held on this resolution it had been such a sure game that it could not have failed : but says he , they are started , and say they cannot be in readiness to do it . my lord , i very much wonder that those persons you named should ingage in any design , and fail of performing what they promised ! says he , i 'll assure you 't is so . and so he proceded to speak several sharp things of the duke of monmouth upon the account of his ambition , that he thought to have all under his command : which was a secret lurking ambition in him , that he said , he always suspected the duke to be guilty of . and now he found his suspitions true . that unless he might command all , he would do nothing . but for his part since he found the matter so , he was resolved to go on alone rather than fail in his design . said i , my lord , i should be very forward to concurr with you in any thing ; but i wonder your lordship should step into an action of such danger thus divided from those that are most likely to assist you in it . i cannot help it , said he , i have left my house and must go on . my lord , said i , pray give me leave to go to the duke of monmouth and expostulate the matter with him and i will come and give you an accompt again . says he , 't is to no purpose , i dare say . said i , my lord , pray let me go and try , for i would not have you divided , but i will promise you this , i will not tell him i come from you , but as from my self discourse it with the duke . well , said he , if you will you may . this was upon tuesday , i think the d. of october , the d. or th . so i went to the duke of monmouth the next day which was wednesday , and finding him not at home at his house in sohoe , and being told he was at moor-park , i took an occasion to go to moor-park , and i came there a little after dinner , and took him aside , and told him all this that i now have spoken about my lord of shaftsbury . says he , i think the man is mad , what does he mean ? we did undertake to do this 't is true ; but not by that time he speaks of , and things are not ready , i know not what his own fears make him do ; but he does act so preposterously that he will undo us all . said i , my lord , all that i shall desire is , that there may be an interview betwixt you , and discourse the thing with one another , or else it may be a thing of very fatal consequence for him to step into an action of this danger and concern while you are thus divided . with all my heart , says the duke , i would have nothing more , i desire to speak with him . this made me recoil back again to my lord of shaftsbury the next day , and i told him all this , and desired he would give a meeting , says he , i see they are false then to say they did not engage , they were engaged , and that against this time too , the confirmation and swearing of the sheriffs ; and now for me to meet with them , i know i shall run out into passion and anger , and therefore 't is better omitted . said i , my lord , i must positively insist upon it . i must have an interview between you , for 't is a madness for you to go on thus divided in so great a business . i could not prevail , he would not ; but he told me , if i would i might go to them from him , and let them know i had been with him ; ( for before i pretended to have it from a third hand , and not from my lord himself , ) and if they would be in a readiness with what they promised from the countrey , he would ask nothing from the city , he would take that place upon himself , if they would perform their engagement for other parts ; but he resolved to go on . so i went to the duke of monmouth's again , and told him , what he said , that i could not by any means get him to an interview . says the duke , he is a strange man , i know not what to do with him , we will all be in readiness assoon as we can ; but it is impossible to do it so soon . i went to my lord of shaftsbury again on the saturday , and did then positively engage him that he would give a meeting to me , and the duke of monmouth , and some others . and we appointed time and place , he appointed to come out in a parsons habit , and a black perrywig to his own house , which he thought the safest place , because he would not discover his lodging to any of them for fear it should come to be known . with these instructions i came to the duke of monmouth to prepare him about it , and proffered him to be ready the next day at evening with my lord russel to go to him . all this while i had not spoken to my lord russel , but only to the duke of monmouth . and the next day when i came from church to my own house , there met me a message from colonel romsey , who i understood by my servants had been there , and left his name . with this message , that he came to tell me the gentleman that was to meet could not meet . this was so confused a matter that i was impatient till i knew the meaning of it . i took my coach and went directly to the duke of monmouths again , and he told me colonel romsey had been with him and told him , my lord of shaftsbury was apprehensive there were a great many tories about his house , and he feared being discovered , and therefore had remov'd his lodging , and so could not meet ; but we should hear from him in two or three days . so that was the last time that i saw my lord of shaftsbury , or indeed in a direct line did hear from him ; collaterally by walcott i did afterwards hear ; but by this means we were at a loss . after this the duke of monmouth did tell me ( for he did not own to me that he saw him , but indeed swore to me he did not see him ; but i find since he ( did . that he would do what he could to prevent any untimely dangerous undertaking . but after this it seems they had a meeting at mr. shepherds house , where my lord shaftsbury sent a message to him and my lord russel ; but the duke of monmouth only told me that my lord russel had met with him , and seen him ; but he never owned that he had met him himself , or seen him . about four or five days after , captain walcott came to me , and told me such a day was set for the riseing . upon which being startl'd , i had nothing to do , but recoyl back to the duke of monmouth , and endeavour to stop any rash proceedings , and it was stopped as i thought , and so it continued for two or three days , and at that time , which was in october there was a rumor up and down whispered as if something would be attempted ; but what it was we did not know , but thus it went on for two or three days , and then it meeting with a disappointment upon the consultation at mr. shepherds , my lord shaftsbury took up his resolution to be gone , and went away to holland , and dyed in holland . this is the substance of that accompt which i can give of those former transactions . mr. att. gen. now give an accompt of what was subsequent to this . lord howard , this was in november . after this there being frequent conferences between colonel sidney and me ; for colonel sidney by the way knew nothing of all this , and i was caution'd by my lord shaftsbury that i should not tell my friend sidney any thing of it , and asking him the reason , why i should not ? says he , i can't well tell ; but you will wonder when i tell you that his own friend major wildman has barred him and would not let him know it . the gentleman is now dead ; but i will assure you he did know nothing of this for a month after : for he was gone into the countrey ; but after my lord shaftsbury was dead , i told him the history of all these transactions , which he was before a stranger to . after this , when i had acquainted him with what had been intended in london , and what preparations had been made , and how what was intended had been suppressed , and in what posture affairs then stood . we then took up a resolution to form a council that might for the time to come give such directions as might regulate the motions of this affair . thereupon we began to think of the persons who they should be . he undertook to speak to my lord of essex and mr. hambden , and i was to bring the duke of monmouth to a right understanding with him in it . so i went to the duke of monmouth , and told him col. sidney did present his service to him , and would willingly wait on him , but that he thought it would do him hurt , because he was a person of such note , and thereupon so obnoxious that it might prejudice him to have him seen to come to him ; and therefore if his grace would please to appoint any third place , he should be very glad to kiss his hand . says the duke , i do not know any where truly to appoint . why then , said i , i will tell you a place : let us e'en go to his house ( having before prepared colonel sidney for it ) and take him by surprise and dine with him , and then there will be the less suspicion . but , said i , you must not expect to be treated as the duke of monmouth , because he does not expect you ; but take him as a philosopher , and dine with him as he uses to dine at his own table . says the duke of monmouth , i care not for entertainment ; i will go with you : and there at that time did the duke of monmouth undertake to bring in my lord russel and my lord of salisbury . this was the only discourse preparatory to it that ever i knew of . within a fortnight or three weeks after ; nay , i think it was less than ten days after , colonel sidney came to me , and told me , my lord of essex was very forward in it . the duke of monmouth would prepare my lord russel , and my lord salisbury ; and he himself did not doubt but mr. hambden was very willing to be in it too ; and they had appointed a meeting at mr. hambden's house , and he would carry me thither to the house ; and this was the first meeting that i knew of ; and there we met all six . mr. att. gen. about what time was that ? lord howard . it was about the middle of january ; and truly i think i could reduce it to a certain day or two by the persons where i lodged . mr. att. gen. what was debated there ? lord howard . when we came there every one discoursed what he would . there was a discourse of the time and places where to rise ; but among other things it was resolved as a principal point , that there should be a preparation made for the design , by a treaty with those of scotland , and an understanding setled with argyle , and a messenger sent to my lord argyle and others . and before this was done , we could not be ripe for any resolution : but this must be speedily done . l. ch. just . pray , my lord , give me your favour , i would not interrupt you ; but to make things clear as we go , i desire to ask you , when you came first to mr. hambden's house , who spake first , when you were all met together ? lord howard , every body discoursed what they pleased . l. ch. just . but who gave an account of the reason of the meeting ? will you please to recollect , and tell what you know who began the discourse ? lord howard . something introductive to it was said by mr. hambden , we being at his house , as 't is natural to conceive for any gentleman at whose house people are met , to say , pray let us sit down , and talk of our business . something leading and introductive was said by him . l. ch. just . pray , my lord , as near as you can remember , will you give an account what was the thing he began to discourse of ? did he seem to take any notice , or have any knowledge of your meeting , and other things before ? lord howard , it was a general hint and intimation to us of the ends of our meeting , that we were there come to consult and advise one with another how to put things into a better method and posture than formerly : and he desired that we would sit down and discourse of these things . my lord , i would not charge my self with particulars positively . mr. attorn . gen. upon what questions did you debate and consult , my lord ? lord howard , those were started severally . some would speak of the time when it should be , whether it were not convenient now or when ? others offered something concerning the places , whether it should be begun in the city or in the country , or both together . others took it into consideration what persons were to be prepared in the several countreys to be assisting in it that were probable to carry it on . and then some discoursed concerning the raising of money , and then what summ should be raised , and i think that was started by the duke of monmouth ; but i am sure the summ that he named was or l. the last thing that was talked of , but which was concluded to be the thing principally to be taken care of , was the setling such a concurrence and correspondence with scotland that they might chime in at the same time , that so we might give as many diversions both from home and abroad as could be at one and the same time . mr. att. gen. my lord howard , did mr. hambden discourse of this matter ? lord howard , i cannot speak to the discourse of any one in particular ; for i cannot say it was put to the vote as we formerly express it , but it may be said we were all consenting and concurring . lord ch. just , did any of you dissent from the riseing ? lord howard , no , no my lord. mr. att. gen. did any of you oppose it at all ? lord howard , no , no , that was discoursed of as a thing resolved . l. c. j. i ask you this question , my lord howard , was there any sort of complaint made of the government , that it was uneasie and that occasioned you to enter into these debates ? l. howard , there was i cannot say a complaint , because there was no person to complain to ; but it was spoken of as a matter of great grievance , that such a force and violence should be put upon the city in their election of officers , and the tendency of that as to all juryes tho' i cannot distinctly remember the particular things . l. c. j. you say you were talking of a messenger to be sent into scotland to my lord of argyle and others to chime in with you in this matter as you say , pray did you come to any resolution about that , and what did you resolve upon ? l. howard , that there should be one only at that time . and afterwards it was the matter of the debate at the next meeting , which was that meeting at my lord russels , which was about this time twelve-month in february sometime . mr. a. gen. how long after the first meeting at mr. hambden's was that ? l. howard , my lord , i think it was about a fortnight . mr. att. gen. who was there ? l. howard , the same persons that met before . but then there was little spoken of but the business of scotland . l. c. j. was mr. hambden there at the second meeting ? l. howard , he was there . l. c. j. at my lord russels you say it was ? l. howard , yes . mr. att. gen. what resolution did you come to then ? l. howard , then we came to a resolution that some body should be sent , and we began to discourse who was sit , and col. sidney he propounded aaron smith , to some of the company he was known , to others not ; but those that did know him did approve of him as a fit person . mr. att. gen. to whose province was that comitted of sending this person into scotland ? l. howard , col. sidney undertook it himself . mr. att. gen. did the rest consent to it ? l. howard , yes , no body did oppose it ; but left it to him . l. c. j. did you name the person then that was to go ? l. howard , he was not so named as to be with any solemnity approved or disproved ; but it was left to col. sidney to manage it , and he naming smith as a fit person ( he told us that by the by not to put it to the question for our approbation ) and some of us knew the person , others did not . i was one that did know him , and did think him a very fit man to send . l. c. j. pray , my lord , who was the person ? be pleased to tell the jury so as they may know it . l. howard , aaron smith . mr. j. withins , had you any discourse with col. sidney , my lord , afterwards that he was sent ? l. howard , yes , my lord. l. c. j. pray give an account of that ? l. howard , about three or four days after this meeting at my lord russels , i went to visit col. sidney at his house , and while i was there in the room , he went to his cabinet , and out of a drawer where there was five or six hundred pound in gold as i could guess , he took a good many pieces , i do not know directly how many ; but he took out so many as he said was threescore guineys that he was going to carry to aaron smith , i went not in my own coach , and therefore went away with him in his coach , and he set me down at southampton street at my own lodging . i went no further , but he did , and he told me afterwards it was conveyed to him , and that he did go . l. c. j. how long was that after your second meeting at my lord russels where you say you intrusted col. sidney to send one into scotland ? l. howard , i think it may be less then a week , four or five days , that i saw him carry the money . after this he said , he had given him this money , and was gone : and when he was dispatched , in a week after i was making enquiries after him , and col. sidney said , he had not heard of him since he went away ; but about a fortnight or three weeks col. sidney said he had heard of him , that he was at new-castle and stay'd there ; but he wondered he could hear no more of him . i then went into essex , and when i came back from thence , he told me , he was come , but i had never seen him , not to this day , indeed i had once appointed a meeting with him at mr. west's chamber ; but something or other happened , we did not meet . mr. att. gen. we have done with my lord howard , if they will ask him any questions they may . l. ch. j. they know their time , when the kings attorney has done with any witness then they may examine him , if they please . if they will not call your other witnesses . mr. att. gen. will you ask him any questions ? mr. jones . no , no , by advice they are to ask him nothing . mr. att. gen. we shall give your lordship and the jury an account in the next place , that we have traced aaron smith into scotland . and for that we shall call some witnesses which indeed we did not produce before at any tryal , because we had not then discovered so much . we shall bring you the person at whose house he lay at new-castle , and the very messenger that was sent with him to conduct him a by-way into scotland . call sheriffe and bell. l. c. j. look you gentlemen , you that are at the bar , there you must let the jury stand by themselves . i see there are a great many others intermingled with them , and you gentlemen of the jury , if any whisperer talk to you , we expect that you should tell us who they are ; for we will suffer no remarks to be made but what are openly made to the court , and the jury by the counsel of both sides . mr. att. gen. swear sheriffe and bell which was done m. williams , what is this man's name mr. att. ? friend what is your name ? witness , my name is sheriffe , mr. at. gen. pray give my lord and the jury an account what you know of any person that lay at your house some time since and whether you have seen him since ? my lord this gentleman did not know aaron smith before , and therefore i desire mr. atterbury may be called and examined again . mr. atterbury , do you know aaron smith ? mr. atterbury , yes , i know him very well . mr. att. gen. had this gentleman a view of aaron smith ? mr. atterbury , yes , he had . he was brought where aaron smith was , and this other person was by before him too , and i was by when they had a view of him . mr. att. gen. now pray give an accompt what you know of the man you saw ? mr. sol. gen. where is aaron smith ? mr. atterbury , he is in the kings bench prison , and he was brought by habeas corpus to white-hall before the king. where these two persons were brought likewise , and there this man sheriffe did own that aaron smith was the man that was at his house ; and the other bell owned that he travelled towards scotland with him , and that he was hired to shew him the way into scotland . mr. att. gen. did aaron smith say any thing ? mr. atterbury , he would not answer any thing at all , nor say a word . mr. att. gen. pray give an account mr. sheriffe , who it was that lay at your house , and when it was , and what he said was his business , and by what name he went ? mr. sheriffe , indeed his business i did not know ; but he was at our house about the middle of february , it was there abouts . l. c. j. when was it ? what february ? mr. sheriffe , the last february . mr. att. gen. you say he was at your house last february , pray tell the court where that is ? mr. sheriff , at new-castle . mr. att. gen , do you keep any inn there ? mr. sheriffe , yes . mr. att. gen. what sign ? mr. sheriffe . the sign of the black-spread eagle . mr. att. gen. and what did he do there ? mr. sheriffe , he stayed there one night and went away , and returned again in twelve days or thereabouts , and came to my house again . mr. att. gen. whither did he go from you ? mr. sheriffe . he went southward as i suppose , i know no further . mr. att. gen. but when he first came to your house , which way went he ? mr. sheriffe . he went northward towards scotland , as he himself said , and desired to have one to shew him the way : and i sent for this man , and when he came to him he hired him to go with him , and i was by . l. c. j. when he first came to your house about the middle of february was twelve month , whither was he bound then , northward or southward ? mr. sheriffe , he was going to scotland , that is northward . l. c. j. and you say after he came back again , and lay another night at your house . mr. sheriffe , yes , ten or twelve days after he did . l. c. j. and which way went he then ? mr. sheriffe , then he came southwards towards london . l. c. j. did you take exact notice of the man ? mr. sheriffe , yes , i saw him before his majesty and the council . l c. j. and upon your oath that same man you saw there was the same man that lodged at your house in february was month ? mr. sheriffe , yes , it is . mr. att. gen. what name did he go by at your house ? mr. sheriffe , he went under the name of mr. clerke , but what his sirname was i can't tell . l. c. j. had he a servant with him ? mr. sheriffe , he had a man with him that stay'd at our house during the time of his going northward ? mr. att. gen. what did he call his name . mr. sheriffe , wil. langston . mr. att. gen. did he desire you to furnish him with a guide ? mr. sheriffe , he told me his servant did not know the way , and his horse was a little lamish , and desired me to get a guide for him . for after he had dined at our house it happened to be a rainy day , and he could not go further that night , and therefore desired me to get him a man that knew that countrey , and i sent for this same man , and he hired him ; and he went along with him next morning , my lord. mr. att. gen. whither was he to go ? mr. sheriffe , truly i did not know ; but he told me he did not know the way into scotland , and i directed him to a gentlemans house at jadbrough in the way . lord ch. just . is that the road to scotland ? mr. sheriffe , yes , the high road to one part of scotland . l. c. j. did he tell you to what part or place of scotland he was to go ? mr. sheriffe , he named the west of scotland , i think he named douglas , but i do not know what place certainly he designed for . mr. at. gen. then where is bell ? bell , here. mr. at. gen. had you a view of this man they call aaron smith ? bell , yes , i had . mr. at. gen. give an accompt , whether you saw him in the northand when and where . bell , this man , mr. sheriffe , sent for me . i live at new-castle and there i keep hackney horses to serve any gentlemen , or be a guide to them as there is occasion , and mr. sheriffe sent for me , and when i came he told me the gentleman wanted a guide into scotland . we immediately agreed , it was upon thursday night before that we call easter eve. lord ch. just . when was it say you ? bell , it was the thursday before easters-even , so they call it with us , that is shrove-tuesday . l. c. j. ay , they call it so in those places , because 't is the even of the fast of ash-wednesday , the beginning of lent — well go on . bell , we went away on friday the next morning on our journey towords jadbrough , and the d day which was saturday in the afternoon my horse tired , whereupon he left me with my horse and took the mans man of the house where he left me to guide him , for my horse would not ride up with him being tired , and he resolving to go on , and he bid me follow him on the sunday morning to jadbrough town , which i did , and we stayed there all sunday . and on monday morning i saw him take horse and another man that was his guide , and away they went , as i think , he said towards douglas he was going . and he pay'd me , and i returned again from him to new-castle and left him . l. c. j. pray how far was this , you say you went with him to jadbrough , how far distant is that from new-castle ? bell. to jadbrough my lord ? l. c. just . yes . bell. 't is forty miles my lord. l. c. just . how near scotland is it ? bell. 't is within some six miles of the english border . l. c. just . did you see him at any time after that ? bell. i saw him at his coming back again ; being at sheriffs house , his wife asked me if i would go up and see the gentleman that i went with towards scotland : so i went up , and he made me eat and drink at the table with him . mr. att. gen. what name did he go by ? bell. he went by the name of clerk. mr. att. gen. was there any servant with him ? bell. there was a man that came with him as a servant there , and was all the time at new-castle , that he was gone towards scotland , till he came back again . l. c. just . mr. attorney , did this man see smith at the time the other saw him ? bell. yes , i did . l. c. just . and is that the man that went by the name of clerk at new-castle , and that you went with towards scotland ? bell. yes , it is . mr. atterbury . and when they charged him with it , aaron smith did not deny it . mr. att. gen. did you go any by-road to get into scotland ? bell. no , 't is the road gentlemen usually go to jadbrough , and so on ; because 't is something the nearer way to that part of scotland , as we judge it to be , therefore gentlemen use it . mr. att. gen. is it an high-open-road ? bell. yes , 't is the high-open way to that part of the country . mr. att. gen. my lord howard , pray were the names of any of the scotch-men mentioned at your meeting , that were to be sent for ? l. howard . yes ; there was my lord melvin , sir john cockram , and one cambell . mr. att. gen. now , my lord , we will give you an account , that as smith went into scotland , so these persons soon after came into england . jury-man . my lord , we desire that my lord howard would name those scotch-men that were to come . l. howard . there was my lord melvin , sir john cockram , and one cambel , one that was of my lord argyles name and family ; and there was another name , but i can't remember what that name was . mr. att. gen. we shall give you an account , my lord , that they came immediately after this to town ; and at the breaking out of the plot , they absconded . l. c. just . mr. attorney , has my lord howard his pardon ? mr. attorney . yes , my lord , he has . l. c. just . then your lordship may be covered . l. howard . i can't tell , but they may ask me some questions . mr. att. gen. then you may be uncovered when they ask them , in the mean time your lordship may be covered . swear sir andrew foster which was done . pray sir , will you tell my lord and the jury what you know about the cambell's , and sir john cockram's being in town ? or any other scotch-men that you know of ? sir andrew foster . my lord , i did see those gentlemen in the beginning of last summer . sir john cockram , and mr. monrow , and cambell the son , i did see ; but the father i did not , but i do know he was in town , tho i saw him not . mr. att. gen. how do you know it ? sir andrew foster . i had messages from them . l. c. just . sir andrew , you say , you saw sir john cockram , and monrow ? sir andrew foster ; yes . l. c. just . did you see any body else ? sir andrew foster . i saw sir george campell the son. mr. att. gen. what became of them upon the discovery of the plot ? sir andrew foster . sir john cockram did abscond , and mr. monrow was taken into custody . mr. att. gen. what became of the others ? sir andrew foster . the campells were both in custody . mr. att. gen. did you see any commission they had ? sir andrew foster . i did see a commission that sir john cockram had . mr. att. gen. what was it for ? sir andrew foster . to make a purchase of some plantations beyond sea , i think it was carolina . l. c. just . ay , where my lord shaftsbury had an interest . sir andrew foster . it was some of the west-indies . l. howard . i did omit that passage my lord — mr. att. gen. pray was it discoursed then , what should be the blind for these gentlemen that were notorious dissenters , that they should come to town from scotland about ? l. howard . it was to carry on a plantation in carolina . the scotch gentlemen were personally known to my lord russel only ; and my lord russel was to write the letter to them , and , i suppose , did . mr. att. gen. mr. atterbury , what do you know of these scotch-men coming to town ; and what became of them afterwards ? mr. atterbury . my lord , about the beginning of july , fourth , fifth , or sixth , or thereabouts , i had some information , that there were some scotch gentlemen that had been shifting up and down , and at that time were about black-fryers , lodged there secretly . i immediately went with the king's proclamation , and some warrants that i had to apprehend some traytors that were fled : and when i came , i found that mr. common serjeant having notice of them , had beat up their quarters , and they were endeavouring to escape by water ; but there they were catched . there was sir hugh campel , and bayley , and sir george campel , and some others , i know not the names of them all ; truly i can't tell whether monrow was not another , but sir hugh campel i had in my custody , and bayley was immediately committed to the gate-house ; and the rest of the gentlemen i afterwards took in a cunning hole by moor-fields , in a back house . and when i came there , i found them lyeing on the bed in the middle of the day ; and had them prisoners in my custody two or three months ; and then they were all sent out of my hands into scotland prisoners . six of them there were , my lord , that i saw . mr. att. gen. we have done my lord , only we desire that a word of a record may be read . mr. williams . what record is it sir ? mr. att. gen. of collonel sidneys attainder . mr. williams . my lord , we shall desire your judgment , whether that record ought to be read against mr. hambden ; i perceive by mr. attorney , that 't is a record of the conviction of mr. sidney , which ought not to be given in evidence against mr. hambden upon this indictment . mr. att. gen. we make use of it , to shew how upon former tryals , upon this evidence , verdicts have gone . mr. williams . we are in your judgment , my lord , if by law it may be given in evidence against mr. hambden , who is neither party nor privy to it , nor indicted for the same offence . mr. att. gen. let it alone then . l. c. just . well , mr. attorney does not press it . what say you to it , gentlemen , for the defendant ? mr. williams . may it please your lordship , and you gentlemen of the jury , i am of counsel for mr. hambden the defendant upon this indictment here before you . this indictment is a severe indictment : it is a very high crime of which my clyent is accused . how far the evidence tends to reach it , you have heard ; and i shall , with the patience of the court , particularly observe it to you . but i shall first speak to the indictment it self : it saies , that mr. hambden being a person of a turbulent disposition , and seditiously intending to disturb and disquiet the king's peace , and to stir sedition , and to bring the government into danger , did conspire , &c. as to this matter , gentlemen , there is no manner of proof of what the indictment charges , as to the disposition of the person accused ; nor that he had any other design , than what my lord howard hath now sworn . then it saies further , that mr. hambden did consult and conspire with divers persons to execute these purposes ; and particularly for the making and raising of an insurrection in the kingdom . this is laid as the particular fact : and for this purpose , he did further conspire with several persons , to provide armes and armed-men : and for their fulfilling of this , he did further consult with several persons , that some persons should be sent into scotland to stir up the kings subjects in scotland , to a concurrence and conjunction with some people in england , about this his evil design . how far this indictment is proved , upon the defendant , gentlemen , is the question before you . he has pleaded not guilty , and hopes to satisfy you he is not . gentlemen , as to what evidence has been given you so far as 't is positive , and affirmative ; i mean the testimony of my lord howard in that part , it is impossible for us that are of counsel for the defendant directly to contradict him with proof , or to give a direct positive proof in answer to it : i say 't is impossible for us to contradict him , who gives such a positive evidence of fact. by the evidence of my lord howard , he tells us there were six persons in this council , as he is pleased to call them . by his evidence , three of the six are dead , my l. russel , col. sidney , and the earl of essex ; he himself is the fourth , the defendant is the fifth , who cannot give evidence for himself ; and the duke of monmouth , who is the sixth , being away , there is not any person in being , that should contradict my lord howard's affirmative in this part of his evidence but the duke of monmouth : whom we cannot have here , since it appears by the evidence mr. att. gen. could not prevail to have him at this tryal ; therefore proof of that nature cannot be reasonably expected from my clyent , to acquit himself by a positive contradiction of what my lord howard has sworn . then in this case we must , as in all cases where a person does swear directly against a defendant , endeavour to satisfie and perswade your lordship and the jury upon circumstances arising out of this fact , and further circumstances attending the fact , and by probable arguments and reasonable inductions out of the evidence , that this gentleman , the defendant , is not guilty of what he is charged with . in the first place , we shall observe upon the testimony of my lord howard , that as to some things he is very positive , and particular : he has an incomparable memory , and speaks particularly to persons , particularly to places , particularly to times . but gentlemen , as to that which is the principal part of his evidence , and which most affects the defendant , and wherein it concernes us to contradict or disprove him , he is wanting as to that circumstance of time. he that is so exact in his memory as to other circumstances , is not positive , nor any thing like positive , as to the times of the meeting . for they would imagine , that the first meeting the defendant was concerned in , was at his own house . he describes the house and the place very exactly , but as for the time , he only sayes it was about the middle of january : he carries other things in his memory positively ; and whether it might not be expected in a case so remarkable as this , and which so nearly and highly concerned himself , that he should be as particular in the time , as he is in other things , you may rationally judge . his lordship sometimes is very particular as to time : he tells you in his relation about my lord shaftsbury , that his going to him , was on the saturday after michaelmasday ; and then he pursues it to the second and third of october . he is positive to many several days ; upon which i would observe , that he being particular to a day , as to other things , may well be expected to be ready , ( if it be true , ) to be as particular as to the time of this meeting : but therein he is to seek ; he is doubtful as to that . and you must give us leave gentlemen , to make this observation , that since he will not be particular to that time , we do apprehend that he gives himself a little loose , that we may not meet with him to contradict him in that circumstance : for if he should be positive therein , as he is in the other matters that concern not the defendant , we might perhaps by clear pregnant circumstances contradict , if not disprove his lordship , that it is not probable , ( if possible , ) it should be true what he affirmes . but gentlemen , we must answer it as well as we can ; and since he is so cautious , we must meet him by arguments in another way . another thing we should observe upon my lords evidence , is this ; that my lord , tho he be particular as to many facts and things relating to my lord shaftsbury , where he names other particular persons , i think coll. romsey and walcot , and names the particular discourses , particularly instancing in them between him and my lord of shaftsbury , between him and walcot , and between him and other persons ; yet he has not made use of any one circumstance of fact in this case of the defendant's now before you , that does justify what he has said , save only that of aaron smith ; not any one circumstance of fact. so that there is no more than the bare saying of what my lord howard is pleased to deliver no more than his oath , nay , no more than his observation , and inference of much of what passed in the company of several persons , without any concurring circumstances in fact to justify or confirm his testimony . it might have been an easy matter , if all that my lord howard sayes was true , that there was such a meeting at mr. hambden's house by such and such persons , to prove that such persons , or some of them , met there . but that there should be no person to prove , that these gentlemen , or any of them , were there ; nor any other fact or circumstance in the world , to go along with my lord howard to justify his asseveration , is very wonderful , and may well make it doubtful that it should not be true : and the rather gentlemen , ( if it be true as my lord howard would have it ) because there was a second meeting of all these persons at my lord russel's , which was so publick and open a place , and yet no man to concur or go along with my lord howard in any one thing ; no particular fact assigned to justify his testimony as to this meeting , is strange , if it be true . so then gentlemen , there is no more than what my lord howard has sworn , without any one circumstance to back it , to prove the defendant guilty . my lord , taking this upon the main of my lord howards evidence , it will be pretty hard too upon the nature of the fact , that he is pleased to prove against this gentleman , to make an answer to it : and truly , i think as hard for you to believe it . gentlemen , he would imagine , that there should be men raised , men armed , a discourse of money , and this done , as he would have it , about the middle of january ; and yet nothing at all done , though there appears no manner of discovery of this very evil contrivance , till about july . neither is there any thing done in order to the raising of men , the arming of men , or the levying of money all this while . so that there is no one fact of any kind whatsoever , that goes along with what my lord howard has said . my lord and gentlemen , another thing we would desire to observe , is this , and here we shall begin with what we have to say , as to our own arguments and circumstances , that we have to take off from the testimony of my lord howard in this case : in the first place , it appears by the evidence of my lord howard , that he was very deep in a conspiracy against the government , and to make a disturbance in the kingdom long before this , that he now speaks of against the defendant , that is plain enough ; for he tells you , that my lord shaftesbury and he at michaelmass were contriving of projects to overturn the government , and raise a rebellion . it appears plainly by his evidence , that my lord shaftesbury , when he left his house , was resolved upon it , and my lord howard was very solicitous to carry on the same design ; nay , he was so active in it , that he tells you , that he did create messages between my lord of shaftesbury , and the duke of monmouth , and would needs go by a false insinuation of his own , to draw in the duke of monmouth , by telling his grace his information he had from walcot , and not saying he came from my lord shaftesbury , with whom he says he had been discoursing ; but he would put it under some sort of disguise , the better to prevail . so that it appears , my lord was very criminal , and guilty , in this case . why then gentlemen , my lord being so highly criminal , and there being a discovery of this conspiracy by keiling , and romsey , and west , having made a more manifest discovery , and this happening in july , then it was high time my lord howard might conceive for him to secure himself , and save one , he being thus guilty , as he declares : it is but reasonable to conjecture , he then began to place his security in a pardon ; and that there were no other means to save his life ; and that the way to it , must be by some further discovery of a conspiracy against his majesty and the government : and having since obtained a pardon , it is agreeable , that whatsoever my lord howard has done in this case , he has done for his own sake , to purchase his own pardon for a treason he was so deep in , and to out-do all the witnesses that went before him , by fresh testimony against the defendant and others : this might incline him to go an inch or two , or more , beyond the discovery of keiling , west , and romsey ; to have but said the same thing that was proved by three or four witnesses before him , might not perhaps have availed him : may not the indifferent believe it in this case , to be the interest and security of my lord howard , by these means to merit his pardon ? may it not be believeable , that what he hath said , he hath said only for his own sake , and that he has , by exposing this gentleman , and the blood of others , procured himself a pardon ? l. c. just. what do you mean by that , mr. williams ? mr. williams . by being a witness against the defendant and others , he has procured his own pardon . l. c. just . that is a little harsh expression — mr. williams . my lord , i explain my self thus — l. c. just . 't is an harsh word , and too roundly expressed ; you had need to explain your self ; 't is a little too rank , as though the king's pardon were to be procured by blood. mr. williams . my lord , i intend nothing of hardship , or amiss , but to speak according to my instructions , and to make the best observations i can out of the evidence for my clyent : i will express my self as well as i can , that my lord howard being a witness against men in a case of this high nature ; and there being other witnesses before , and besides himself , to the discovery of the late conspiracy against the government , it concerned him to give an home evidence in the case , or else he could not have any expectation of his pardon : for if he had done no more than what others had done before him , when there were three witnesses besides , and they had got the start in the discovery , his discovery had been in vain ; and therefore he was concerned perhaps to strain , that he might make such a discovery as might answer his end ; and this will arise naturally , i suppose , out of what has happened in this case : for it seems , though it was something long before he got his pardon , now he has it . my lord , another thing is this , how far my lord howard will be credited in this matter , we shall leave his credit to you gentlemen , upon what we shall prove . for we shall make it out by persons of great honor , and persons of great integrity , that upon discourse concerning this conspiracy , my lord howard did declare , that he knew of no persons that were guilty of having any hand in it ; he declared it upon his honor , he declared it upon his religion , and he used all the asseverations that were possible for a man to offer , to make himself believed . my lord , it may be objected , as it has been some times , that that was to out-face the conspiracy , and so stop the prosecution of that he knew himself so guilty of : but however , thus far we may make use of it for the defendant , that if my lord howard would , in the face of heaven , pawn his honor , his trust , his conscience , and his religion , to assert that which was not true , and under all those vows and ingagements , affirm an untruth ; a man that would deal so , and speak an untruth with that solemnity , i think is not a person of the same credit , as a person of certain known truth and veracity . for if a man will say one thing one time , and that with solemn vows and asseverations , and swear another thing the quite contrary another time , he does not stand so fair for credit , i think , as he that alwayes maintains , and avows the truth . so far we may make use of it very safely , i think , as to my lord's credit . my lord , another matter that we have to urge , is , that since the tryal of my lord russel , and since the tryal of collonel sidney , my lord howard has in discourse owned , that my lord russel died innocent . if that be true , it will have a great weight sure with you gentlemen , to discredit my lords testimony : for then he hath contradicted what he hath sworn . for if my lord swore , that my lord russel was guilty , as all the world knows he did ; and afterwards soberly , and publickly , shall have said he died innocent , he has contradicted his own evidence , and his own oath ; and sure is not to be believed as to what he swears now against the defendant . my lord , it did not rest there ; but since the tryal of collonel sidney , it will be proved by witnesses , that my lord howard did declare , that collonel sidney had hard measure . this will be proved by witnesses ; and 't is rather to be presumed , he meant hard measure as to his own testimony , which he was best knowing of , than of any thing else as to his tryal . now , how this person of great honour can solve this , and how it can stand with his oath , and his honour ; i will leave it to you gentlemen to judg of it . my lord , i have another matter to say , that with me seems to have very great weight : my lord howard , upon some occasions has said , being in discourse with a very great intimate of his , and the man being speaking of the world to come , speaking of eternity , speaking of the immortality of the soul , speaking of the rewards and punishments of another life ; my lord howard should say to him , how long wilt thou persist in this folly ? how long wilt thou be so foolishly prevailed upon , as to believe the world was ever made , or will ever have an end ? my lord , if a person be of that opinion , and a mans judgment in such things will discover it self in his words ; how far the testimony of a man of that perswasion shall influence a jury when he stands single , when there is no fact to justify him , in point of probable circumstance , will be easily observable , and i must leave it to the gentlemen of the jury to consider . my lord , we have another saying of my lord howards , which we shall give you an account of in the proofs , and that was in relation to his pardon . being free in discourse , as my lord is a man very liberal that way ; and his friend inquiring whether he had his pardon : no , sayes he ; nor i cannot have it , till the drudgery of swearing be over . truly 't is a very odd thing , that a man should call that drudgery that is his duty . to testify the truth , is as much the duty of every honest man , as any thing else . men have died for the truth , and we look upon those as martyrs , and the best of martyrs that dye for the truth . now , that this noble lord , or that any man should call this a drudgery , which is so manifest a duty , by giving a true testimony to preserve the king's life , and support the government against the contrivance , and conspiracies of evil men , is but an odd insinuation ; and truly i think is rather to be taken in this sense , as to my lord , that he did strain a little to make his discovery the more profitable to him ; and so did say more ( so far i may safely go ) then any one else did say . and my lord , this is that that i would observe upon the first part of the evidence . as for that part that concerns aaron smith , the evidence given by sheriffe and bell , i submit that to your lordship , how far that can any way affect mr. hambden the defendant . it is introduced to fortify the testimony of my lord howard , and it is introduced by himself thus : that at their meeting at mr. hambden's house , there was a discourse of some assistance to be had from scotland ; but sayes he , at the second meeting at my lord russels , then it came to a further discourse , and collonel sidney did undertake to name a person to send thither ; and a person was named ; he does not say mr. hambden was concerned in it , or that mr. hambden named the man , or any thing particular as to mr. hambden , more then that he was in the company . mr. hambden had no hand in the undertaking , or sending him into scotland ; that was altogether the part of mr. sidney ; save this , that he sayes my lord russel writ the letter that was to go by him . it does not appear mr. hambden was at all concerned in it , but only was there . l. c. just . and consented to it ? mr. williams . i would not strain any thing my lord , further than the evidence is . l. c. just . nor do not misrepeat it neither . mr. williams . i design not any such thing , my lord. l. c. just . but you do though : for he swears it , every one of them consented . mr. williams . by silence it must be then . for he does not say , that he said any thing . he swears only collonel sidney undertook to manage it , to send a person ; and my lord russel to write the letter . l. c. just . and all the rest consented to it . mr. williams . what is meant by consent , when nothing was said , i must leave to the jury . i must agree , the l. howard did swear , that my clyent was in their company , but how far he did , or did not consent , does not at all appear ; and how far this will charge my clyent , i must leave to you gentlemen . but the proof , as to this matter , stands thus ; that aaron smith was at new-castle in february last , that he went publickly . now , my lord howard sayes , that he went to agitate a confederacy between the malecontents of scotland , and those in england . now it is strange , that a man that was to agitate such a concern , should go publickly with a servant to new-castle ; so publickly as to be known again ; and of his own accord , tell them he was going to such a place in scotland . and be it so in fact , will any man apply this to any thing was done before ( as my lord howard sayes about a consultation to joyn in rebellion ? ) will any man think , that he should talk at that kind of rate , if that were his employment , and tell whether he were going ? but i rely upon this , in point of evidence . 't is not proved yet , that aaron smith was in scotland . that he came within six miles of the borders of scotland , is proved ; but it is not proved he was in scotland , or did agitate any conspiracy there ; or did any thing more , than go within six miles of the borders of scotland . but then they would press it further , and they say , that there were some scotch gentlemen , that in the summer came here into england , and that they hid themselves , when the plot was discovered . it does not appear my clyent had any conversation with these scotch gentlemen , or any of them , or was ever in their company . 't is a very remote inference to bring any thing of this to affect my clyent in this high charge . my lord , we shall add one thing more to disprove that part of the indictment , that layes the imputation of turbulency and sedition to the charge of mr. hambden ; and which also will shew the improbability of his being concerned in any thing of this nature . we shall prove him to be a person of a sober conversation , of a retired life , and studious disposition ; and as an evidence for the defendant , we shall prove , that he , in october . left england for his healths sake , and went into france for the recovery of his health . he continued there till about michaelmas was twelve month , then he returned . 't is true , he continued in england from michaelmas , to the time they speak of ; but we shall make it plain , that in february , my clyent , and my lord mountague had adjusted matters between themselves , to go the beginning of summer again into france , there to continue and abide some time for their healths . here is a strange kind of imagination , that this contrivance between my lord howard , and my lord shaftesbury , that was going on before this time , and that was disappointed , and my lord shaftesbury went away , and afterwards dyed in holland , was taken up by my clyent , and those other persons when my clyent , as we shall prove , never intended to stay in england . my lord , he was a parliament-man in both the last parliaments , but appeared in neither of them , being all the while in france , for the recovery of his health . we shall prove him to be one studiously inclined , that he lived a retired life , and kept very little or no company ; and you will hear from persons of very great honour and quality , what he is , as to his person , and as to his opinion ; and then we shall submit it to you gentlemen of the jury , whether you can believe him guilty of this he is charged with , which is your issue . you are to try , whether he be guilty , or not guilty of the crime charged in the indictment . mr. vvallop . my lord , and gentlemen of the jury , i desire to make one observation , before we call our witnesses . l. c. j. pray do not take up our time altogether in speeches , but go on to your evidence . mr. wallop . i desire to observe but one thing , my lord. l. c. j. make your observations at last , but spend not our time in speeches . i know you will expect to be heard at last , and so you shall whatever you will say . mr. williams . call the earl of anglesey , the lord of clare , and lord paget . mr. ducas . who appearing was sworn now we have him here we must begin with him , my lord. mr. ducas , pray what did you hear my lord howard say at any time concerning this conspiracy , and who were concerned in it , and who were not ? mr. ducas . my lord howard came once to the house of colonel sidney , i believe it was about days after the imprisonment of colonel sidney , and when he was in the house , i ask't him , what is the matter my lord ? he did answer me , he was told there was a plot against the king and the duke , and one general insurrection to be made , and that colonel sidney sent a man into scotland , to which thing my lord howard sware laying his hand on his breast , saying , god knows all things , and god knows i know nothing of that ; and i am sure if colonel sidney had known any thing , he would tell me ; and i said , what is the matter , my lord ? are you afraid ? and he made answer to me , no honest man is safe in his own house , i pray you lend me a bed to lie in . and he asked me about the goods of colonel sidney , because of the plot and such things , and he desired to have them removed to his house ; and he said , rather then go to the tower he would do any thing . mr. williams . speak again to the jury that did not hear you , what said my lord howard to you ? mr. ducas . he said , rather then to be a prisoner again he would do any thing . mr. williams . who to be a prisoner again ? mr. ducas . my lord howard . mr. att. gen. what things were spoken of ? mr. ducas . he said he would do any thing . mr. williams . were you speaking of the conspiracy ? of the plot ? mr. ducas . he spake of the plot , and said he knew nothing of it . mr. williams . what did he say sir ? mr. ducas . he said to me and swore , he knew nothing of it , and called god to witness . mr. williams . pray did he then say he would do any thing rather then go to the tower , when you were talking of the plot and conspiracy ? mr. ducas . yes , he would do any thing rather then be a prisoner again . mr. att. gen. pray what did he say ? mr. ducas . he raised up his hands on high , and said , he knew nothing of the plot , or of the insurrection , or that colonel sidney had sent any man into scotland . mr. williams . when was this ? mr. ducas . i believe it was or days after the imprisonment of colonel sidney . mr. att. gen. what day of the month , and what month was it ? mr. ducas . he was imprisoned about the end of june . l. howard . my lord , it would be necessary that i should make an answer to this , and i know not whether i should make a particular answer to every one : for here is a whole set of witnesses , i see . l. c. j. no , let them alone . you must not interrupt them , they must go on with their evidence ; and when 't is a fit time for you to answer them , the council for the king will call you . mr. williams . pray sware mr. howard which was done pray sir , will you please to acquaint my lord and the jury what you know , of what my lord howard has said of the plot , and who were concerned in it ? mr. howard , my lord , what i have said is in the paper of mr. sidney's tryal , and truly i can say no more than what i said there . mr. williams , pray speak out sir , and tell it again to this jury . mr. howard . i was told i spake it very loud then . l. c. j. pray sir speak as you please , we wont direct you in what key you shall speak . speak in what key you will. mr. howard . then if you will have me speak it , i will speak it as loud again . my lord , is mr. hambden here ? l. c. j. yes , there he is . mr. howard , in the first place i do not know mr. hambden , my lord , i cannot promise to speak the very words that i spake the last time , i cannot make them so fit as one tally fits another . mr. att. gen. consider , sir , you were not sworn then , you are sworn now , that is the difference , and therefore pray consider of it . mr. howard , my lord , as near as i can , i will repeat the same words again , i had little acquaintance with my lord howard ; but meeting him often at my brothers house , ( and being he was extraordinary pleasant company , i must needs say that he was so , and a man of great wit ) and i coming from white-hall , he asked me what news of the plot ? i told him there were some people that were in the proclamation , or would be , and i named their names . says he , i know none of them except rombald , i think ; and by chance i met him passing through the old exchange , and he saluted me very kindly . after this my lord russel was taken , and when my lord howard heard that , says he , then we are all undone . and i very much fear it is a sham plot , since they have seized upon my lord , and i doubt he is a lost man. after that , i think as near as i can remember — the next thing was this — if you look upon the book , you will see what i said there . l. c. j. we are not to look upon the book , man. you must give your evidence your self mr. howard , i hope you do not swear by book ? let the truth come out in gods name , whatever it be . mr. williams . ay , my lord , we desire to have truth come out . l. c. j. ay , whether it be of one side , or the other , god forbid but truth should be spoken . mr. howard go on . mr. howard . then my lord colonel , sidney was taken , and says my lord , i am extremely troubled for colonel sidney , for he is my very good friend . said i , why are you not concerned for my lord russel ? he is of your blood , says he , he is a man without exceptions . there is no man of such honor as he , but i am concerned for colonel sidney as that particular man that has obliged me above all the world , but i never heard my lord howard name mr. hambden in all my life . lord howard . i l'e give you a reason for it my lord , if you please , why i said so . l. c. j. my lord , this is evidence for the defendant . if the kings counsel will call you afterwards to make answer to any of these things , then is your time to speak . we will not let them interrupt you when you come to speak , nor must you interrupt them now . we are bound to hear both sides , and so by the grace of god we will do . lord howard . my lord , i desire both he and his brother may stay in court , for i have something to say to them . mr. williams . pray what did you hear my lord howard say concerning the plot ? mr. howard . he did deny it possitively , and said they acted nothing but what was legal , and he said it times over . mr. williams . did he deny it ? mr. howard , yes he did . l. c. j. but when he said they acted nothing but legally , what did he mean ? was this plot legal ? mr. howard . i had former discourses with my lord howard at other times , and i asked him ; my lord , what tends all this to ? your going up into the city and making these meetings ? says he , we intend nothing but what is legal . there is not one man in the company that i know of , intends any thing else . mr. williams . what was my lord's opinion of the plot in june or july , or august ? mr. howard . he said he knew nothing of it , nor could he believe there was any such thing . when those persons were named that were to kill the king , lord bless me , said he , can there be such a thing in nature , that any men should be so wicked , but that there is one man of honor or estate , or conscience that ever had any such thought , it can never into my head , i can never believe it . mr. williams . when was this ? mr. howard . when rombald and those other people were put into the proclamation . mr. att. gen. mr. howard , then i will ask you your opinion , whether in your judgment , every man that was in the plot could not have said so much ? mr. howard . i suppose every man in the plot would have defended himself as well as he could , but i cannot tell what way . mr. thompson . sir , did he barely affirm it , or with asseverations and imprecations ? mr. howard . my lord , was not upon his oath before me . mr att. gen. mr : howard . don't you believe a great many that were concerned in this plot would deny it ? mr. howard . i am to give my opinion only for my self , not for other people . l. c. j. have you done with him ? mr. williams . yes my lord. l. c j. then go over sir. mr. howard . my lord , i am troubled with fumes , and cannot well endure a crowd , therefore i desire i may have leave to be gone . l. c. j. you may go if you please . mr. williams . call mr. edward howard , but he did not appear then swear my lord of clare and my lord paget , which was done l. c. j. well what do you ask my lord of clare ? mr. williams . my lord of clare , will your lordship please to acquaint the court and the jury , what you heard my lord howard say concerning the late conspiracy ? e. of clare . my lord , some indisposition i have had of late , together with the great rigour of the season has confined me to my house this six weeks , so that i should not come here but upon this summons of a subpoena , which i thought i ought not to refuse . i suppose i need not repeat much of what was said at colonel sidney's tryal . l. c. j. my lord , you must give what evidence you have to give now , mr. williams . my lord , the gentlemen of this jury have not heard it , therefore you must say it all over again to them . e. of clare . sometime after mr. sidney was taken , my lord howard came to see me , and complaining of the times , said , that all things were very sad and dangerous , and if ever he was questioned again , he would not plead , but desire them only to count noses , for the quickest dispatch he thought was best : i replyed , sure his lordship was in jest . he said , no , he was in earnest , for he was confident if he came to tryal , they would have his life , let him appear never so innocent . i said , i hoped not so , it was only his lordships fear , and because of that , i thought it might be presumed he would venture much , rather then be tryed . and discoursing of the late primate of armagh's prophecy ; he said , for his part , he thought the persecution was already begun , and he did believe it would be very sharp , but withal , he hoped it would be but short ; and then he began to wish himself beyond sea till the troubles were over ; and in complyance with his lordship i did wish so too . but as to sidney , he did with great asseverations very much assert his innocency . he said , he thought he was not guilty of any of the things laid to his charge ; and spake with large encomiums in his praise , as he had obligation to do , and seemed to bemoan his misfortunes ; which i said i had then reason to believe he was real in , for i believe never any man was more engaged to another then he to colonel sidney . i told him there was a discourse of some writings of mr. sidneys that were taken ; he said he was confident they could make nothing of any writing of his ; i told him , i supposed he meant legall they could not do it , this was the most he said , as to mr. hambden , he mentioned nothing that i know of . mr. williams . did he seem to declare any opinion about the plot or conspiracy in general , that there was any such thing or not ? e. of clare . i do not remember it . mr. att. gen. my lord of clare , did you never hear my lord howard before this complain of the government that it was amiss , and was to be rectified ? earl of clare . yes , he often did complain . every body knows my lord's way of discourse . lord howard . pray will you ask him , if my lord of clare used to fall out with me upon those discourses . e. of clare . my lord was always good company . mr. att. gen. you mean a propos , my lord. e. of clare . i understand what you mean by a propos , you are a learned man , i know . mr. soll. gen. my lord of clare , if i apprehend your lordship aright , my lord howard was discoursing of the primate of armagh's prophecy , and said he thought the persecution was already begun , and would be sharp , tho' he hoped it would be short , and he wished himself beyond sea till the troubles were over , and your lordship wished your self so too ? e. of clare . no , i said in compliance with his lordship , since he wished himself beyond sea , till the troubles were over , i wished he were there too . l. c. j. but i perceive all these discourses concerning the government are reckoned but jests and matter of laughter , but 't is a very rank way of jesting i assure you . mr. williams . my lord , we call our witnesses seriously , they are the kings council that jest . mr. att. gen. was this before my lord howard was taken ? e. of clare . yes , but after mr. sidney was taken . l. c. j. well , who do you call next ? mr. williams . my lord paget , pray what have you heard my lord howard say concerning the plot , and when ? l. paget . my lord sits there , and i believe he may remember it was about the th of july , the saturday before my lord went into the country , to the best of my memory , which was , i take it , the th of july . upon saturday the th at night my lord came to see me , i told him i was glad to see him abroad , and not concerned in the disorders that were then so general ; my lord told me he had been wished joy by several , and he took it ill , because it looked as if he were guilty . 't is true , my lord was a man of great finess and readiness in discourse , and came easily into all company , my lord said that was true , but he had so carefully behaved himself , that he was sure they could not touch him with any thing , nor did he know any thing of any body else that he could charge them withal . mr. williams . when was this my lord ? l. paget . this was the th of july . mr. att. gen. pray good my lord , why did you joy my lord howard , had you any reason to mistrust my lord ? l. paget . no other reason , then because i knew he was a man of great freedom in discourse , and might be concerned upon that account . mr. att. gen. and he would frequently discourse against the goverment i suppose ? l. paget . no , i never heard my lord discourse against the government in my life . mr. williams . sware dr. burnet which was done pray will you doctor acquaint the court , what you heard my lord howard say concerning the late plot , and when ? dr. burnet . my lord howard came to see me the day after the discourse of the plot broke out , thursday i think it was , on wednesday it began to be talked of . the thing was little understood then , but in general a plot was discovered , and my lord with a great many protestations , lifting up his hands and eyes to heaven , protested he knew of none , and believed there was none , and spake of the whole thing as a contrivance . mr. williams . this was the day after the discovery broke out ? dr. burnet . yes , the day after that i first heard of it . mr. williams . had you any other discourse with my lord about it ? dr. burnet . i had not seen my lord before of some months . and then he spake a great deal to me . he told me he had been in essex , and after that he went to the bath , and went so early and came away before the company came , because he would avoid all danger . and he expressed great apprehensions of fear of sham-plots , and spake of false witnesses and former designs of that nature . the truth of it was , one had possessed me much with a belief of the thing , it being then but a secret , but he strove to dispossess me of that belief , and his whole discourse ran upon that for an whole hour , and expressed , as i said , great fear of some sham-contrivance , and spake much of false witnesses , wishing that he were beyond sea. l. c. j. what , he spake as if there were like to be great heats and stirs , i suppose ? dr. burnet . no , the talk was about the discovery , which he said he believed was a contrivance . mr. williams . did my lord howard use to come to you some times ? dr. burnet . yes , he used to come frequently to see me . mr. att. gen. dr. burnet , pray let me ask you one question , you spake of solemn declarations and protestations made by my lord howard , what gave the occasion to such a solemnity ? dr. burnet . i will tell you the occasion truly , tho it was never asked me before . it was thus , i being possessed with the belief of the thing by one that assured me it was true , and would soon appear to be so , i argued upon that belief to convince my lord howard , that it was true , and he argued a great deal to dispossess me of that belief . and i said , if there be any such thing i pray god forgive them that are concerned , but certainly it is one of the monstrousest ill things that ever was done ; for hereby they have done all that could be done to ruine the protestant religion . he was smoaking a pipe of tobacco , and he laid down his pipe , and lifted up his hands and eyes to heaven , and protested to me , he neither knew of any such thing , nor believed it , but it was all a contrivance . mr. att. gen. by his discourse , you possibly might understand what he meant , did he mean being privy to the murder of the king or the raising of rebellion ? dr. burnet . there was not a word then of the assassination , but it was all of the plot in general . mr. att. gen. did he make no distinction ? dr. burnet . we talked of nothing but plot in general . for the particulars were not then known . it was only about the general notion of a plot. mr. att. gen. pray what was the reason you had to believe it ? dr. burnet . there was a gentleman from whitehall that came to see me , and he did assure me it was true , as being one that had it from a privy-councellor . this was on the wednesday when the council sate long about it ; and nothing of particulars was then let out , but only a discourse in general of such a thing , and he said it would be found to be a certain truth . mr. att. gen. but doctor did not you a little wonder at the carriage of my lord howard ? that a man that was not accused , that you heard of , should make such solemn protestations ? dr. burnet . my lord , he said just in this manner as i have told you , when i said , pray god forgive them if any have been concerned in such a thing , he laid down his pipe , and lift up his hands and eyes . whether he thought i suspected him or no , i can't tell , he best knows his own thoughts . mr. att. gen. did he say a word of mr. hambden ? dr. burnet . no , there was not any particular person named . mr. recorder . doctor , he would not make you his confessor . dr. burnet . his whole hours discourse was to dispossess me of the opinion and belief i had entertained of the plot. mr. just . holloway . this was about july you say ? dr. burnet . i cannot remember the very day of the month , i believe it was the latter end of june , but i am sure it was before any body was committed , that we heard of . mr. recorder . dr. burnet , you say you did believe there was a plot then ? dr. burnet . yes , i did so , and he laboured to dispossess me of that belief . mr. recorder . pray do you believe it now ? mr. williams . what a question is that , mr. serjeant ? dr. burnet . i make no doubt of it , sir , as to the assassination . mr. att. gen. my lord newport , why do you lift up your hands ? you don't do well ; for it is a very proper question . l. c. j. well call your next witness gentlemen ? mr. thompson . swear mr. gisborne which was done mr. williams . pray sir , will you acquaint the court and the jury what you have heard my lord howard say about the late conspiracy ? mr. gisborne . my lord only said he knew nothing of the plot ; that is all i can say . mr. williams . when was this ? mr. gisborne . the saturday before he was taken into custody ; then it was that your honour did say so , my lord. mr. att. gen. ay , and more i believe would say so , that might be concerned in it for all that . mr. williams . swear mr. blake which was done pray acquaint my lord and the jury , what discourse you had with my lord howard about his pardon , and what he said to you ? mr. blake . my lord , about the month of october last my lord howard sent to me to know how i did , and desired me to come and make him a visit . the next day i went and waited upon my lord at his lodging at white-hall , and after the complements passed , my lord began a discourse of the plot , and i told him , that i heard none of the witnesses had their pardons , but only keiling the first discoverer . my lord told me no , but he had a warrant for his pardon , and with that he plucked it out and shewed it me , and i read it . and then i told him i thought it was of no avail without he had his pardon actually under seal . he said no , but he had their word and honour ; but , said he , when i first received the warrant , they said i should not meddle in it till i heard from them again ; which i have not yet , and i ascribe it to no other reason but only this , that i must not have it till the drudgery of swearing it over . mr. williams . when was this ? mr. blake . in october last some time . so i then took my leave of my lord , and my lord desired me to come and see him at night about a clock in the evening , for he had a great many came to him , but then he should be at leisure , and had many things to say to me . mr. att. gen. at that time did my lord express himself as discontented , and that it was irksome to him to be brought as a witness ? mr. blake . he only said those words that i have told you , and looked up and turned up his eyes towards heaven when he said so . mr. williams . pray where is mr. benjamin mercer ? sware him . who was sworn l. c. j. what do you ask him ? mr. williams . we bring him to prove that my lord anglesey was served with a subpoena , but is so ill of the gout he can't come . l. c. j. if that be all , there is no question of it , but that he was subpoened . mr. williams . if your lordship please , we will prove in what condition my lord anglesey is , and then we hope your lordship will give us leave to prove what my lord has said concerning my lord howard's discourses with him . l. c. j. no certainly , mr. williams , and i am sure you ask it not as expecting it should be granted . mr. williams . i lay it before your lordship and the court. l. c. j. ay , you lay it before us , but you are a lawyer , do you your self think fit it should be done ? mr. williams . my lord , i must submit it to you . l. c. j. come , will you consent , that what the duke of monmouth has said , shall be given in evidence , and then i presume the king's council will consent to your request . mr. williams . i consent ? here is my clyent , my lord , in court , i can consent to nothing . l. c. j. but if so be there be leave given on one side to tell what another person has said , why should not it be consented to on the other side , that it be proved what a d person that is absent has said for them ? mr. recorder . ay , will you consent that we prove what the duke of monmouth has said ? mr. williams . we don't know what the duke of monmouth has said . l. c. j. but you do know 't is not evidence , nor fit to be granted what you ask . mr. jones . you know that 't is not for your purpose what he has said . mr. williams . my lord , we must go according to our instructions . l. c. j. but you know the law , why should you offer any such thing ? your offering it will make the lay gens that know not the law , think that the court put hardships upon people , in denying things which you that understand the law know can't be granted . mr. williams . i do not press it my lord , but leave it with you . l. c. j. why do you spend our time in urging things that are nothing to the purpose , and cannot be allowed ? mr. williams . now my lord , we will go on to another part of our defence , and that is , to call witnesses to the reputation of mr. hambden , and his behaviour , to satisfie you , that he cannot be such a person as the indictment says , and as he must be if it be true what this gentleman my lord howard has sworn . mr. thompson . we will first examine my lord paget . who stood up mr. williams . my lord , we ask you to that question . have you known this gentleman mr. hambden , and what a sort of a man is he ? lord paget . i have good reason to know him . i have known him a great while , and have always believed him an honest and a prudent man , a man of honor and vertue and integrity , my lord ; and i have had no reason to have other opinion of him . i know he has been always ever since he came abroad into the world a man that hath loved his study , and books and a contemplative life . and therefore i should not be apt to believe , that he could apply himself to a thing so contrary to his own nature , and to that way that he delighted in , and had always hitherto applied himself unto , i mean to ingage in a design of so much malice and wickedness . mr. williams . my lord , you have had a long conversation with the knowledge of mr. hambden , you say . what say you as to his disposition ; because this indictment says he is a person of a turbulent , factious , seditious spirit ? lord paget . i have always known him a quiet peaceable man , not medling in business , very friendly , free from all turbulency , not of much acquaintance nor desirous to make much . mr. att. gen. pray my lord paget , upon the same oath you have taken , have you not at any time heard him express dissatisfaction as to the male-administration of the government ? lord pagett . no , never to me in the least . mr. att. gen. not at the time of the last westminster parliament ? lord pagett . no , i never heard him then , nor at any time else . mr. willams . mr. hambden was then in france , and not in that parliament , tho he was a member . where is mr. pelham ? l. c. j. here he is . he sits down here pointing to the table what would you ask him ? he was sworn mr. williams . sir , will you please to acquaint the court , what acquaintance you have had with mr. hambden , and how long ? and what you know of him ? l. c. j. you hear the question , sir , how long have you been acquainted with mr. hambden ? mr. pelham . i have been acquainted with mr. hambden about five or six years living near him , and all that i could observe from him was , that he was a man much addicted to his studies , kept much at home , and i never observed that he had much acquaintance , but as to the business before you , i know nothing of it , nor ever heard him speak any thing relating to it . mr. williams . as to his spirit and disposition , is he a turbulent man ? mr. pelham . no , i never found him any thing like it . we never talked together of matters of that nature . mr. att. gen. were you ever in his company at any time when he discoursed about government ? mr. pelham . no , i was never with him at any time when he discoursed of any such thing . mr. williams . sir henry hobart . mr. att. gen. my lord , we oppose his being a witness . he is one of his bail. mr. williams . that was upon the habeas corpus act , not upon this indictment . mr. att. gen. if he be bail for the defendant , my lord , he cannot be a witness . mr. williams . i appeal to the rule of court , whether he was not bail upon the habeas corpus act only ? mr. att. gen. appeal where you will , the bail cannot be a witness . mr. williams . we moved for an habeas corpus the beginning of last term upon the late act for habeas corpus's . and then at the last day of the term upon habeas corpus he was brought up thither , and was bailed upon that writ . mr. att. gen. are not you one of the bail , sir henry hobart ? sir henry hobart . i was one of his bail , i think it was for his appearance . l. c. j. if he be one of his bail that he shall appear in this court the first day of this term , and so from day to day till he shall be discharged , and remains under that recognizance , then in any case against him , he cannot be a witness for him . mr. att. gen. but they mistake the matter , he was then charged with this indictment , he then pleaded to it , and was bailed to answer the indictment ; and surely in that case he can never be a witness . l. c. j. that is certainly very true , and you know the law so well mr. williams that i wonder you will insist of it ; in every ordinary case it is every days practice to deny the bail to be witnesses . mr. att. gen. here is the person principal , will they render him in custody ? l. c. j. ay , what say you , will you render him in custody ? then we will discharge the bail. mr. williams . my lord , i will tell you what we will do . l. c. j. tell me what you will do ! answer my question , will you render him in custody ? mr. williams . we will change the bail , my lord , and find some other sufficient person to stand in sr. henry hobart's place , rather then lose our witness . l. ch. just . with all my heart . mr. williams . here is mr. ashhurst , my lord , a gentleman of very good value . l. j. c. but you must render him first , and change the whole bail. they must enter into new recognizances . mr. will. i can't tell whether we can do that so very well , because the others i am afraid are not all here . he is a mighty material witness i am sure . mr. att. gen. my lord , mr. williams says he is a material witness , let him be sworn , i am so fair , i 'll consent to it : let us hear what he can say . which was done . mr. will. we thank you mr. attorney . i am afraid you won't live long , you are so good natured . l. c. j. but you are like to live for your good nature , mr. williams . mr. thompson . sir henry hobart , how long have you been acquainted with this gentleman , mr. hambden ? sir h. hobart . i have known him any time these ten years . mr. williams . how has he been , sir , as to his disposition and spirit ? did you ever find him to be of a turbulent temper ? sir h. hobart . very far from it always . mr. will. have you had any intimate conversation with him ? sir. h. hobart . i have known him all along , i say , these ten years , but of late , i have had more converse with him some few years in travel . mr. will. had you much conversation , sir. sir h. hobart . i was with him continually at paris , and abroad . mr. will. what say you as to his loyalty and principles ? was he a factious , seditious person ? sir h. hobart . sir , he always expressed a great esteem for the government , and great respect and duty to the king. mr. will. pray sir , when went mr. hambden abroad to go into france ? sir h. hobart . he went into france for his health about november , ( . ) i think it was . mr. will. how long did he continue abroad , sir henry ? sir h. hobart . i found him in paris the may after . mr. will. how long did you tarry there , sir , your self ? sir h. hobart . i went from paris in june , and came back again to paris about october , or november the same year , and i found him in france still . mr. will. and when do you take it , he returned into england . sir h. hobart . i was with him till he came over , which was about september , ( i think . mr. thompson . what do you know , sir , of his intentions to go again beyond sea ? sir h. hobart . when , sir , do you mean ? mr. thompson . since that time he came over , you say in september , ( . ) sir h. hobart . he told me of it often , i think it was about march , more particularly once at his own house . mr. thompson . what march , sir ? sir h. ho. march ( . ) mr. thompson . that is last march. sir h. hobart . yes , last march , he talked of it several times particularly , once i went about some business of my own , and then he discours'd a great deal of his going over with my lord mountague , that now is ; for he told me his health was not yet established , for he came over out of an hot country in autumn and had been all the winter in this colder country , and the air he found had impaired his health again . and it was not only what he told me , but i had a letter from a friend of mine in france to whom i had sent to desire him to come over ; but he writ me word , no , mr hambden was coming over again , and he would not come back yet . mr. att. gen. did he tell you when he intended to go over , sir henry ? sir h. hobart . as soon as mr. mountague , my lord mountague that now is , could get ready who was to carry his lady over with him . mr. will. sir , do you know of any preparation made by mr. hambden for it ? sir h. hobart . he had resolved to take his lady with him , because mr. mountagues lady went , and so i believe did prepare accordingly . mr. att. gen. did mr. mountague go over ? sir h. hobart . he did not go then , but since he is gone . mr. att. gen. were you in france then at this time ? sir h. ho. this was in england at his own house . mr. will. pray , sir , what is his disposition ? sir. h. hobart . he was always inclined to a studious life , and kept very little company . mr. att. gen. was this in march , ? sir h. hobart . yes , he came over in september before . i always observed him to be of a retired temper . mr. att. gen. you say in . he went into france , and in ( ) he came over again ? sir h. hobart . yes . mr. att. gen. pray , sir henry , since you convers'd so much with him ; have you heard him since the last parliament at westminster , or at any time have you been by , when he hath discours'd his opinion about government . sir h. hobart . truly , sir , i don't take my self to be capable of discoursing with him about any such matters . mr. att. gen. have you heard him at any time complain of the male administration of the government ? sir h. ho. no , sir. mr. att. gen. have you never heard any such thing from him ? sir h. hobart . no , never . mr. will. swear dr. lupee . — my lord , we must desire an interpreter , for the dr. speaks french only . l. c. just . swear an interpreter . mr. will. dr. burnet , or if he be gone , call sir henry ho. again . we must beg the favor of you , sir henry to be an interpreter , you understand the french tongue very well . sir h. ho. i will do it with all my heart , sir , as well as i can . l. c. just . swear him . cryer . you shall well , and truly , interpret between the court and the witness , and the witness and the court according , to the best of your skill and knowledge : so help you god. mr. thompson . sir henry , will you please to repeat what questions we shall ask , and what answers he makes ? sir h. ho. yes , sir , as well as i can , i will. mr. will. pray , sir , ask the dr. this question , if he be acquainted with mr. hambden ? sir h. ho. yes , he says very well . he lived near two years with him . mr. thompson . how long is it since ? sir h. ho. four years since he says . mr. will. pray in that time , what was his disposition ? was he a seditious and turbulent man ? or was he a studious retired man , or what ? sir h. ho. he says the two years he lived with mr. hambden , he kept him company in his studys , and all that time he found he had no other inclinations but for study and knowledge , and his inclinations were very vertuous . he always observed in his discourse a great submission , and respect that he had for the laws of his nation and his prince , and to that degree he was a faithful subject to the king , that once he told him in discoursing with him of the late popish plot , that he was ready to sacrifice his life and fortune for the king's service . mr. thomp . ask him what discourse he had with him of the plot since it brake out ? l. c. just . will that be any evidence do you think , mr. thompson ? will mr. hambden's declaration be any evidence , he being a person accused ? do you think he would tell the doctor , or any body else that he was guilty , when he was like to be questioned ? that would have been a wise business indeed . you say , he was a very studious man , and a learned man , truly if he had done that , he had bestow'd his time in learning to very good purpose . mr. will. my lord , that , that we would ask him is this ; this person the doctor being discoursing with mr. hambden upon the discovery of the late conspiracy , and of the dangerousness of the time , he would have advised mr. hambden to have gone ; no , he said , he would not , for he was an innocent man , and would not stir . l. c. j. well , ask him what you will , but his declaration of his own innocence cannot be taken for evidence . sir h. ho. he says , since this plot was discovered , he was going one day to visit mr. hambden , and going through long acre he met a french minister , a savoyard minister , — but , my lord he speaks so fast , and goes on with so much at a time , that i cannot remember it all . mr. will. well , what said that minister to him ? sir h. ho. he says this minister asked him , if mr. hambden was not concerned in the plot , and upon that he went and told him what the minister had said to him — he says , he told mr. hambden , that the duke of monmouth , and my lord gray were hid — he says , upon that mr. hambden said to him , i will never fly , nor conceal my self , for my conscience reproaches me in nothing . l. c. j. ask him why does he think the french minister , the savoyard as he calls him , should ask whether mr. hambden were in the plot ? sir h. ho. he says mr. hambden said he would rather die innocent then fly with the imputation of guilt upon him . l. c. j. but ask him the question i put , why should that savoyard parson say so ? what reason had he to think mr. hamdden was in the plot ? sir h. ho. he says the minister did ask him , but he can't tell what reason he had to think so . mr. att. gen. pray , sir henry , ask him this question ; how long ago it was since he left him ? sir h. ho. four year he says . mr. att. gen. where was it in england or france ? sir h. ho. whilst he lived in bloomsbury , he says . mr. will. call dr. needham and monsieur justell , who appeared and monsieur justell was sworn . pray , sir h. hobart will you ask monsieur justell who speaks french too : if he know any thing of mr. hambden's resolution to travel with mr. mountague into france ? sir h. ho. he says , yes . he did tell him he was going into france , and he offered to carry some books for him along with him . mr. will. what company was he to go in , and what time ? sir h. ho. he says , sir , he can't be exact to the month when mr. hambden spake of going over , but he says it was a great while before this plot came to be discovered . mr. will. was it some months before ? sir h. ho. it was a month before it was known he says . mr. will. in what company was he to go ? sir h. ho. he said he was to go with mr. mountague . mr. conyers . pray , sir , will you ask him , was he employ'd to get any french servants to be with him ? sir h. hobart . yes , he says . l. c. j. ay , but what was the question ; for there is such a crowd of people before the council that the court cannot hear mr. conyer's question . mr. can. my lord , i asked him , whether he was employ'd to get any french servants to be with mr. hambden . sir h. h. yes , he says . l. c. j. well there is dr. needham , what do you ask him ? mr. will. we call dr. needham for this purpose my lord , to prove that these gentlemen that are accused , mr. hambden , and my lord of essex , and the others , had very little esteem , and mean opinion of my lord howard . and how one , they so little esteemed should be let into so great a secret , will be very strange to imagine . dr. needham , pray , what can you say of any of these gentlemens opinions of my lord howard ? what opinion had my lord of essex of him ? l. c. j. is my lord of essex now before us ? what is that to this case , mr. williams ? let my lord of essex have what opinion he would of him ; how does that concern the defendant ? mr. will. i tell you why , i offer it my lord. — l. c. j. but pray , offer what is evidence , and keep to the business before you . mr. will. falsus in uno , falsus in omnibus . if we can prove that , what he hath said of my lord of essex is false he is not to be believed against the defendant . mr. att. gen. ay , but upon the evidence of my lord howard , all the rest were convicted . mr. will. i offer it only upon what is here to day before you . he says , my client , and my lord of essex were confederate with him upon such a design . now if my lord of essex was not there , then he is false in that , and that he was not , we offer this as evidence , — l. c. j. but 't is not a proper evidence in this case . mr. will. 't is a sort of evidence . — l. c. j. ay , 't is a sort of evidence , but 't is not to be allowed . if you will prove mr. hambden's opinion you may , but you must not for him bring proof of what my lord of essex , a third person , thought of my lord howard . mr. will. i only offer it thus — l. c. j. offer what is evidence man ! you are a practiser , and know what is evidence , but you have offered two or three things to day , that i know you do at the same time know is not evidence , and i speak it that it may not be thought we deny you , you or your clyent any thing that is according to the course of law. you that know the law , know 't is so as we say . mr. attorney has gratified you in waving three or four things already , but nothing will satisfie unless we break the course of other tryals . mr. will. my lord , what i take not to be evidence i do not offer , and where the court over-rules me , i have not insisted upon it . l. c. just . no! mr. will. no , my lord. l. c. j. but you would have insisted upon it , if mr. attorney would have been so easy as to consent , and the court would have let you . pray keep to the business , and the methods of law ; you know the law very well . mr. will. my lord , i humbly apprehend this may be evidence , and i lay it before you . my lord howard has proved that my lord of essex , and five more , of which mr. hambden was one , met and consulted about such matters . we may i hope be admitted to prove , that my lord of essex was not there ; for if we can take off his positive proof , as to any one of the circumstances , we take off from the truth of the fact. if all the persons were not there ; then my lord howard is mistaken in that , and accordingly must not be believed in the rest ; therefore my lord , i press it no otherwise : he hath proved these six persons were there i offer this as some evidence , that it is unlikely it should be so , because my lord of essex had so little opinion of my lord howard , that he would never consult with him about any matter . l. c. j. then certainly my lord howard is to be believed to all intents and purposes , for here is a record of the conviction of my lord russel , and of colonel sidney and all upon the testimony of this gentleman my lord howard , and is not that more to support his credit then a flying report of a third persons opinion of him . and yet after all we say 't is no evidence against mr. hambden , and has been waved by mr. attorney . mr. will. then i will not press it , my lord. mr. j. withins . it is no evidence certainly , mr. williams . l. c. j. it seems my lord of essex had such an opinion of my lord howard's evidence , that he thought fit to cut his own throat rather than abide the tryal . mr. will. call mr. murray . l. c. j. suppose my lord of essex had said , that he was out of the plot , and mr. hambden was in , would that have been good evidence against mr. hambden do you think ? pray mind what is the business before you ? mr. will. swear mr. murray . which was done . l. c. j. well , what do you ask this man ? mr. will. my lord , we call him as to what i opened of my lord howard's opinion of the world to come , and rewards , and punishments there . l. c. j. mr. will. pray take notice of this , private discourses that people can't come to make answer unto , because they can't imagine to have them objected , are a very odd sort of an evidence . mr. will. therefore i opened it warily and tenderly my lord , the witness will tell you the story better than i. l. c. j. i cannot tell what mr. williams has said , or i have said in heat of talk or vanity . god knows how often all of us have taken the great name of god in vain : or have said more than becomes us , and talked of things that we should not do . mr. att. gen. my lord , how can my lord howard be prepared to give any answer to this ? l. how. my lord , this presses hard upon my reputation my lord. i profess before god i do not know this fellow , i never saw him in my life before as i know : but a company of impudent fellows take the liberty of saying what they please . l. c. j. to rake into the whole course of a man's life is very hard . l. how. i would fain have these fellows dare to say this any where else of me . mr. will. well my lord , we will wave it . l. c. j. they do not think it a fit thing to press it . l. how. but my lord it concerns me in my reputation ; who is this rascal they bring here ? god's life who is he ? l. c. j. we must be tender of men's reputations , and not let every thing come as evidence when 't is not fit to be evidence , to put slurs and scandals upon men that they can't be prepared to wipe off . is he convicted of any crime ? if he is you say something , shew the record of it . mr. j. withins . mr. will. you know the case adjudged lately in this court , a person was indicted of forgery we would not let them give evidence of any other forgeries , but that for which he was indicted , because we would not suffer any raking into men's course of life , to pick up evidence that they can't be prepared to answer to . mr. will. we have that respect for my lord's honour too as not to press it , only we had it in our briefs , and we must go according to our instructions . l. how. i desire to know who that rascal is ; what is he ? where does he live ? i will make him an example . l. c. j. pray compose your self my lord , there is nothing of this pressed . l. how. to say , i am an atheist my lord ! what can be a greater reflection ? l. c. j. he has not told us any such thing as yet . and we will take care that nothing shall be offered but what is fitting . l. ho. i vow to god my lord , i do not know the man. l. c. j. my lord , do you think that every thing that a man speaks at the bar for his client , and his fee , is therefore to be believed , because he said it ? no , the jury are to take nothing here for evidence to guide them of what the counsel say , but what is approved . they are to judge secundum allegata & probata , that is their duty . l. ho. does that fellow look like a man of that figure , that i should say any thing , or have any conversation with him ? l. c. j. my lord , i don't know what he is . go on gent. mr. will. my lord , vve have done with our evidence . if mr. attorney will leave it here , we will. mr. att. gen. my lord , we won't mistrust the evidence , nor the court. mr. hambden . my lord , i desire to speak a word my self , if you please . l. c. j. ay , in god's name . you , or your counsel , i will hear all you will say , and as long as you will speak , provided you speak within the bounds of decency . mr. will. my lord , i think it best to leave it to the court : vve hope we have made it clear that our client is innocent . l. c. j. vvould to god you were innocent , that is the worst wish i wish you , but we will either hear him or you speak , speak as long as you will. mr. vvallop . my lord. i desire to make but one observation . l. c. j. ay , in god's name make what observations you will. mr. vvallop , i hindred you from making your observations at first , because i knew it would be desired after the evidence was over . mr. att. gen. then my lord , i expect to be heard too . if mr. hambden makes a speech , i will reply , or if his counsel do it , i expect the last word , for i will have neither the party , nor the counsel to speak after i have summ'd up the evidence for the king. mr. hambden , and his counsel are all one . mr. vvallop . i have but one short observation to make . l. c. j. go on then , mr vvallop ▪ and say what you will. mr. j. vvithins . i think 't is very fit you should do it of both sides ; 't is a cause of great concernment . mr. vvill. my lord , we will leave it here i think . l. c. j. take your own course , do not say we hinder you of saying what you will for your client . mr. att. gen. let them do what they will. l. c. j. i 'll sit still , make speeches every one of you as long as you will. mr. just . vvalcot . 't is fit they should speak what they can for the advantage of their client . mr. vvill. my lord , vve leave it to the court. l. c. j. gentlemen of the jury , the evidence has been something long , and the counsel both for the king , and for mr. hambden against whom this indictment has already been found by the grand jury , having left it to the court to sum up all , i shall do it as well as i can : and the question before you gentlemen is , vvhether the defendant be guilty of the offence charged in the indictment , or not guilty , and there having been so long an evidence on the one side , and on the other , it will be fit for me according to the best of my remembrance to help your memories by recollecting what has been said on both sides which i shall do as near as i can , and if my brethren will please to supply any thing that shall be omitted by me , nay , if the counsel for the king , or for the prisoner will put us in mind of any thing that has been spoken , and proved either against , or for the party indicted , in god's name let them have liberty to speak it : for it is fit the question should be left before you with all fairness , and according to the best of my observation and memory thus it stands . the first thing gentlemen that is considerable to you , is , that there is such an indictment as has been already opened unto you , that is preferred against mr. hambden , that does set forth , that mr. hambden is a seditious-person , and a man according to the language of the indictment ( which are words of course and form in an indictment of this nature ) of an evil disposition , designing to disturb and distract the government , and that he with several other persons did conspire to bring in troubles , and perplexities upon the government ; and in order to that , that there were some meetings between him and several other persons and that there was a design to conciliate some persons of another nation to go along with them in their design , particularly some in the kingdom of scotland . this is the purport in the indictment , to which the defendant has pleaded not guilty . gentlemen , the evidence for the king has been of this sort , they did at the beginning , which yet i must tell you by the way , is not any thing of evidence , but the kings counsel would make some overtures to press on their side , as the defendant , and those that are of counsel for mr. hambden have made some little hints to press on their side , that some witnesses the one and the others would have had here , were subpoena'd but could not be here . it seems by the proof , here was a meeting , as it was between six several persons , and they name them , the duke of monmouth was one , the lord howard another , the lord russel a third , the earl of essex a fourth , algernoon sidney a fifth , and mr. hambden the sixth . as for my lord of essex he is gone to his long home , my lord russel , and mr. sidney have received sentence , and been executed . so there remains three surviviving , and say they that are for the king : we produce my lord howard , and we have taken care to summon the duke of monmouth by leaving subpoenas where it could be thought he was to be met with , with promises of his servants to deliver them to him in order to have the duke to be a witness for the king this day . i presume the meaning is , they would infer from that , that they would give an account of the fairness of this proceeding , tho it has been a matter that has obtained a sort of belief in the world , as tho the duke of monmouth had denied , that there was any such thing as this confederacy and conspiracy : and that has given people occasion to be of very different opinions , and persuasions about the matter ; but say they , to shew we are not afraid to have the truth come out , we have done as much as in us lay to get this person hither : therefore we have left subpoena's at his houses , at his lodging with his servants , and they have promised to take care they should be delivered to him , and he is not come . against this on the other side , say they , for the defendant , vve have taken all the care we could to bring my lord anglesey , who was to have been a vvitness for the advantage of the person indicted , but my lord anglesey is at present afflicted with a fit of the gout , and for that very reason we can't have him here . and so they shew , that they have been very zealous to get vvitnesses on their side to vindicate their reputation , but they did not meet with that effect that they desired . these two things gentlemen are matters that are used both against him one way , and for him another . but now to come home to the evidence upon which this matter is to turn , and here you are to consider , that whatsoever has been said or offered by the kings counsel on the one side , or the counsel for the defendant on the other side , ( i call him so , for 't is but a trespass tho a great one ) you must not take into your consideration at all any further then as their allegations are supported by the testimony that has been given : and whatsoever the vvitnesses have said either for or against him , and our of that testimony as near as i can remember i will give you the objections , and their answers with the observations , that have been made , or do naturally arise out of the facts in proof . my lord how. in the first place gives an account of this matter , and gentlemen the times will be wonderful material , and therefore i begg you would take a pen , and ink , and mark these material circumstances as you go . for in all matters of fact positively proved , which also have their credit supported by circumstances which do accompany them , the testimonies given of such facts are to be valued according as those circumstances keep touch with , and humor as i may so say , the fact that they are to evidence the truth of . my lord how. does therefore in the first place acquaint you , that about michaelmas there was a discourse between him and my lord of shaftesbury , and that was concerning a rising intended to be had , and he tells you how that my lord shaftesbury was fully resolved upon it ; that things at length came to that pass ; that he was forced to go from his own house , as he said , being disappointed by the duke of monmouth and others who had promised to joyn with him , and was retired to the house of one watson in or near woodstreet . but he understanding where he was , my lord how. went to him , ( i think he says my lord shaftesbury sent to him ) when he came , my lord shaftesbury told him , that altho there had been such a disappointment by those persons he named , yet that did not take off his edge , but he was resolved to go on himself , nay tho his body was infirm , yet he would be set on horse-back , tho he was lifted up to appear in the head of a party that he had prepared , and were ready when he would call them . and he began then to reflect upon the disappointment of the duke of monmouth , and as tho the duke of monmouth had only a prospect to advance himself , and had only an eye upon his own particular interest . that he so managed matters as if he design'd to have the sole disposition of all things whatsoever , and began to be uneasy with the duke of monmouth . my lord how. did endeavour to have prevailed with my lord of shaftesbury for a reconciliation between the duke of monmouth and him , it being a matter that required so much safety and security , and did desire him that he would have some intercourse with the duke of monmouth in order to conciliate a friendship between them , that they might go hand in hand . you find he was under some difficulties about this matter , he was not able to bring the thing about ; for after he had spake with the duke of monmouth , and prevailed with him , my lord of shaftesbury was peevish , and talked at a distance , and when he had appointed a meeting one time , it was prevented , my lord shaftesbury went away into holland , and there died in holland . this is the substance of what my lord how. says as to that matter . but gentlemen this is material , and i le tell you why i think it material ; because the counsel for the defendant have made it an objection particularly to my lord howards testimony , that my lord howard is particular as to the day after michaelmas day , but he is not so particular when he comes to speak of other times upon which the true question before you depends . for now he speaks more generally as to the meetings at the defendants , and my lord russells , that they were about the middle of janu. and the beginning of febru . and is not particular as to the day . i speak of this because that has been made use of as an objection against my lord howards testimony . and i will tell you as near as i can all the objections that have been made against this testimony after such time as i have settled it and laid before you what the whole of it amounts to . then comes my lord howard and says , that meeting with the duke of monmouth some time after this they began to talk together , and they thought that tho the business had failed in the managery of my lord of shaftesbury yet it was fit there should be a reassuming of the business again , but in order to settle matters that things might not go inconsiderately on , it was thought fit that they should resolve themselves into a certain number that were confident one of another , in order to steer and transact these matters the better among themselves . and they must be persons fit to be trusted and for whom there should be an undertaking among them for their faithfulness and integrity ; for all persons are not fit to be trusted , but only such as they agreed upon . the duke of monmouth he undertook for my lord of essex and my lord russell , those were the persons for whom he would ingage , as likewise for my lord salisbury . and then they began to talk of some more , particularly of mr. sidney , but he was a cynical man , and a philosopher , and they were first to come to him , and to treat with him in another manner then the rest . he was not to appear as the duke of monmouth , but to take him in his retirement and privacys , and then they might be the better able to break the matter to him . and he says accordingly there was a time designed on purpose ; and at that same time the duke of monmouth and my lord howard did go and attack mr. sidney , they found him on a private day , and dined with him ; and upon that dinner the whole matter was broke up , and put into some method ; then was the whole design contrived as to the persons that were to be ingaged in this matter ; and he says , they agreed upon six . the duke of monmouth undertook for my lord of essex , and my lord russel and col. sidney undertook for mr. hambden . he speaks of my lord of salisbury , but my lord of salisbury was never there among them , and so i put him out of the case , i quit him from being of their number , because there was but six in all , my lord of essex , and my lord russel , who were undertaken for by the duke of monmouth , mr. hambden undertaken for by mr. sidney , and my lord howard ; for by that time mr. hambden was come into the matter upon col. sidney's undertaking . now we are got , gent. by these steps till we come about the middle of january ; but says my lord howard , i cannot positively say , it was this day , or that day of the month ; but being about the middle of january , i conjecture it was about the th , but he is not positive to the day . he says , accordingly they went to mr. hambden's house , which was the place first design'd for them to meet in . he says , there accordingly they did all six meet ; and that it being mr. hambdens house , they thought it most proper for him who was master of the house , who usually bids his guests welcome , to break silence , and to impart the business of the design they met about . he says , accordingly mr. hambden after the first complements of entertainment , did give an account of the business they were come about , and that it was in order to have a rising . this he says was proposed by mr. hambden . he tells you , then they fell into debate about the time when , concerning men , and arms , and money ; and likewise concerning the places . he tells you , the places wherein the rising was design'd to be , were devonshire , cheshire , somersetshire , and other places , that is , as to the circumstance of the place . then he tells you concerning the time ; it was debated , whether it should be all at one time , or at several times ? whether they should onely begin here , and the country fall in , or all at once ? that likewise they had in consideration the business of money , and that his grace the duke of monmouth did speak of or thousand pounds , or some such sum at that time . but then , as was natural for men of deliberation and consideration to consult about , they took into debate , that they might not go headlong , to endeavour to conciliate another party to chime in , as he says , along with them , in the business they were going about , and accordingly it was thought fit , and proposed , that there should be an endeavour to conciliate a friendship with some persons in scotland , to fall in with them ; and then he tells you , who the persons were , that were named : some of the names he remembers , and others he has forgot ; he speaks particularly of the cambeles , sir john cockram , and my lord melvin : and he says , other persons were mentioned , but he can't remember their names : and my lord russel knew some of these persons , and the duke of monmouth knew some others of them , because of his near relation to the earl of argyle , the person that you know was proscrib'd for treason in the kingdom of scotland . he says , that so far the debate of this matter went , that they thought fit a messenger should be provided , a trusty man to be sent in●● scotland to treat with these gentlemen about this matter ; and my lord russel , i think he says , undertook to write a letter to be carryed by this messenger to these scotch gentlemen . he says , pursuant to this consultation at mr. hambdens , a fortnight after , or thereabouts , which brings it up to the beginning of february , then was the meeting at my lord russel's house , and there they debated these matters over again , and the whole managery of sending a messenger into scotland , was left to the discretion of col. sidney , and he undertook that work , that was his post that he was to manage : and he does say , that he does very well remember , that aaron smith was the person proposed then ; and tho' he was unknown to some of the company , yet he was well known to others ; and by reason of that knowledge that others had of him , they looked upon him as a person very fit , and every way qualify'd for it . so that gentlemen , here is proved a consultation in order to the raising of men to infest the government ; a discourse concerning money and arms for this end , and the places where , and the time when ; and of conciliating a friendship with some discontented persons in scotland , to joyn , and chime in with these conspirators in england . and then there is yet another circumstance very remarkable , because tho my lord spake it not at the same time that he delivered his testimony , yet upon the question asked , he gives you a plain account of it ; and it has a plain dependance upon what went before . said they among themselves , 't is proper for us , as near as we can , to shut the door against any exceptions about these mens coming to treat with us ; but how shall we get them hither without suspition ? we must have some shams , or cant or other , to be a pretence for these people to come into england ; and that was agreed to be about some plantation in carolina . this , he says , was the result of that meeting ; and that when the meeting was broke up , about three or four days afterwards , ( mind the circumstance of time , gent. for 't is very material ) col. sidney and he met together , they went to col. sidney's house , and there he saw him take money out of a till , where there were several hundreds of guineys , or pieces of gold ; and as he believes , he says , he took threescore guineys , or some such sum ; and told him , it was to give to aaron smith in order to his journey into scotland : that he went out with him in his coach , but mr. sidney set him down by the way , and he himself went into london , telling him , he went to that purpose , to give aaron smith the money . some time after , about a week , or a fortnight , or ten days after that , he says , he met with mr. sidney again ; and he says , mr. sidney gave him an account , that he had heard aaron smith had been at newcastle , but he had not heard of him since that time , and that is another circumstance in point of time , gent. so that you have here a positive oath made by my lord howard , that mr. hambden was privy , and consenting to all these debates , as to the raising of men , and the levying of money , and about the conciliating a friendship with these men of scotland , and about sending a messenger into scotland to that purpose . and if my lord howard do swear true , no man living can doubt but that mr. hambden is guilty of this indictment . the first meeting was at his house , and there he did take notice of what had been formerly done , and proposed the things , breaking the silence , and entering into the debate ; which shews that he had been discoursing about it before , and had it in his thoughts before , or else he could not have propounded it as the end of their meeting . now this , gentlemen , here is a positive fact ; and as mr. vvilliams says true , no man living can give any answer to a positive fact , but by some other things that may be circumstances to oppose that fact. now he says , there are no circumstances that have been proved , that will give any credibility to what has been deposed , besides the positive oath of my lord howard . so that , says he , your fact , tho it be positively sworn , is not supported by any circumstances of the fact , that may give credibility to it . and he objects very materially ; for if it be not supported by credible circumstances , then indeed it would be less material ; yet i cannot say , it would not be at all material ; it is material , and you are to determine , whether you have sufficient evidence given you , to induce you to believe , that my lord howard is at this time guilty of wilful and malicious perjury ; for it is perjury , and that in the highest degree , if it be not true that he says ; and god deliver all mankind from being guilty of any such thing . i leave that to your consciences , gentlemen , who are the judges of it . but says the kings councel , here are circumstances that do support our fact , and the credibility of it . for first , here is the circumstance of aaron smith , who was sent into scotland by mr. sydney in pursuance of this design , and this circumstance my lord howard does subjoyn to what he has positively affirmed against the defendant . and this circumstance is a thing that may be helped by other proof ; and what is this circumstance ? say they , that aaron smith was sent into scotland ; and in order to prove that , they have called one sheriff , who is a man that keeps an inn at the posthouse in new-castle , from whence col. sidney told my lord howard , he had notice of his arrival at new-castle , but had heard no more of him after that . and this sheriff swears directly , i saw that man they call aaron smith , when he was shewn to me before the king and the council ; and mr. atterbury swears he shew'd aaron smith to him , and then sheriff swears that man you shew'd to me , was the man i saw at my house at new-castle , that chimes in with the circumstance of fact that mr. sidney heard from him at new-castle . and then there is the circumstance of time when he saw him there ; says he , i saw him the friday before shrove-tuesday , which they in the north call fasters-even . he came to my house on thursday night , and went away the next day , friday ; and he went with his guide , the other man , northward , in order to his journey into scotland , as he himself said . says he , i remember the time very particularly , it was the friday before shrovetuesday last , this february was twelve-month ; and he went yet further ; says he , i did not only see him when he went away , but when he came back again , for he left his man at my house all the time , and he tells you what his name was ; for he says , smith went under the disguised name of one clarke , and he did then talk of going to the vvestern parts of scotland , he named douglas as he thinks , tho he is not positive in that , but he is in the person , that was the man. and says he , i sent for this person , the other fellow bell , and he was the guide he had along with him . and upon bells examination , what says he ? says he , i remember that man came thither at that time to the other mans house ; i take it upon my oath that is the man , and he went by the name of clarke , he hired me to be his guide ; i went out with him on friday morning , and i went a long with him all that day ; but upon saturday , which was the next day , going northward with him , my horse tired , and failed me . thereupon i was forced to be left behind , but i overtook him on sunday night following ; i overtook him at such a place , and saw him within six miles of the borders of scotland . i take it upon my oath , this is the man that was there under the name of clarke ; and at his returning back again , i took notice of him , i went up to him , i drank with him , and we had discourse of our journey . he told me at first , he was to go to the vvest of scotland , and so he went northward . after that , which was about ten or twelve days , he came back again , and so went southward towards london . this he doth swear directly to be at that time . now gentlemen , the time is wonderful material in that case , because that very time twelve-month that they talk of , is the beginning of february . if you look upon your old almanack of the last year , ( i happen to have one in my pocket , and look upon it , when the men gave their testimony ) and there you will find that the monday before shrove-tuesday , when he says , he left him within six miles of the borders of scotland , falls out to be the th of february ; i will look upon it again , lest i should mistake ; 't is just so , and that humors the time that my lord howard speaks of , which was about the middle of february , a few days after , that he says the money was given by mr. sidney ; and then for the time for aaron smith to get to new-castle , there is a fit space of time , for it falls out that the thursday that he arrived at new-castle , is the fifteenth day of february , and so it falls in well with my lord howards testimony , and so the monday that he parted with him at the borders of scotland was the th , which also just humours the time that he speaks of . so that here is a circumstance of fact to confirm his testimony , both as to the sending the messenger , and the circumstance of time . that he is the same man , is proved by these two witnesses , who agree in this , that he was there about such a time ; and it does likewise humour that other circumstance of place that mr. sidney said he had heard from him from new-castle , but not since ; and then there is the other circumstance , which backs and confirms all , there was not only a sending for these persons , but there is notice taken that these cambeles , who were to be assisting in this matter , were to come about the sham , and under the disguise of purchasing plantations in carolina . about the beginning of june they come to town , the two cambels , sir john cockram , and mr. monrow . sir andrew foster he tells you , he met with some of the men , and they told him , they came about the business of carolina ; and so the cant of carolina is made good in this circumstance that way ; but when the plot brake out , these men sculk , one flies one way , another another ; some were taken as they were escaping away by water ; others of them were taken upon the bed at noon-day in more-fields : had the business they came over into england about , been a fair , and a lawful , and honest business , why should they hide themselves ? why should any man sneak and sculk , and be ashamed to own an honest and lawful business ? but this does humor and touch the thing exactly , as to that circumstance , that carolina was onely a cant for to disguise their coming over . these are the onely two circumstances that seem to be pretty strong for them , to prove , and support the credibility of what their witness has sworn . for , gentlemen , what a wonderful sort of expectation would it be , that we shall never convict a man of high treason , unless you can bring a man to be a witness that is not concern'd ? for then all these persons must have been acquitted , for they intrusted none , it seems , but these six , they took care they would keep it amongst themselves . do you think they called their servants to be witnesses of what they were about ? that is a vain and idle imagination ? in the popish plot , what witnesses of it had you there ? were they strangers to the plot ? no , you cannot expect any witnesses but such as the nature of the case will bear . this is the meaning of the evidence that has been given for the king , and it carries a great weight in it . but they have made an objection , which indeed is not remote , but may concern the question very much . say they , if we prove my lord of essex was not there , or such an one was not there , would it not discredit the evidence of my lord howard ? yes , certainly , it would wholly discredit it , and he were not to be believed at all ; nay , which is yet nearer to the question , if mr. hambden , that had notice all along of the times fixed wherein this transaction was , to wit , about the middle of january , and beginning of february . for because they talk of the prints , mr. hambden had from them sufficient notice , and intimation of the time. if mr. hambden , that hath had all this notice , could have proved before you , that he was in france , or any other place at that time , that had been wonderful material . but all the circumstances that are any way significant to support the credit of this matter , are very well proved ; and so the testimony of my lord howard is by these concurrent circumstances of fact , sufficiently supported . now , gent. i must tell you , this being the substance of the evidence for the king ; i will now , as near as i can , give you an account of the evidence for the defendant ; it was opened by mr. williams very ingeniously for the advantage of his clyent ; as every man is bound to say what he can for his clyent . he made a great many objections against my lord howard ; for if he could but shake the testimony of my lord howard , then he might easily bring off his clyent ; and if you , upon any thing that has been offered , either in evidence , or by way of observation fairly made from the evidence , do believe my lord howard has forsworn himself , you must find mr. hambden , the defendant , not guilty ; but if you believe he has not forsworn himself , you must find him guilty . so all our matter is reduced into a very narrow compass ; and therefore i must repeat it again what i said at the beginning , if my memory do not serve me to recollect all right , the councel for the defendant shall have free liberty to inform the court of what has been omitted . first , says mr. williams , my lord howard was a man very deep in a conspiracy with my lord shaftsbury , by his own acknowledgment , endeavouring to conciliate a friendship between the duke of monmouth and my lord shaftsbury ; and so he had a great hand in the plot ; and what he might do on purpose to get himself out of danger from that plot , and procure his pardon , is not known . it is a very strange thing , that it should be an objection before he had his pardon , that he did it for fear , and to get his pardon ; and when he has it , now the objection is , because he has his pardon ; and he got it , say they , by this means . it seems , whether he had his pardon or no , it must be an objection against him : before he had it , he was under the fear of not obtaining it , till the drudgery of swearing was over : but now he has his pardon , what now ? why , he does it on purpose to accuse other people . why , he says no more now , than what he has said before he was pardoned ; and if after he is pardoned , when he is under no dread or fear because of his guilt , he says the same things that he did when he might be in fear , how can that be an objection to him ? it cannot be thought he does it to save his own life , for that is as safe now by his pardon , as it can any way be ; and 't is , and must be a great satisfaction to his mind , and will be so to any other reasonable mans mind ; and is a plain answer to the objection of his fear , ( for 't is a captious age we live in , that will make some specious objection or other , though it be not of any great weight ) . but how can it be thought a man would come and swear too much , or too far , for fear he should not save himself : or as they call it , swear himself into a pardon , when he has his pardon ? it might be an objection before ; but as long as he is under no such terrors now , but stands right , both by the laws of god and man to be heard as a witness , i think it would be hard for any to come , and say , this man would for swear himself . what should provoke him to come and forswear himself , when he is under no danger as to his own particular ? there might be an umbrage , i say , of an objection before he had his pardon , though it was , indeed , no objection before ; not a rational weighty one , to set aside his testimony . but nobody knows which way in the world to satisfie the minds of some sort of people . in the next place , gent. says mr. williams , you are not positive as to the time ; you say , it was about the middle of january , and the beginning of february , and that is too general and wide ; but you remember particularly to a day the business between you and my lord of shaftsbury , that , that was the day after michaelmas day : how can you be so particular as to the one , and not as particular as to the other ? why , i will undertake that mr. vvilliams , when he made the objection , must needs think of the answer that would be given to it . it is notoriously known , that the pressures these gentlemen thought they lay under , were what my lord of shaftbury said , now they have got the juries into their own power , and no man is safe ; they will find me or any man guilty , as they please ; why , how came they to get juries into their own hands , but by having the sheriffs as they would have them ? now the sheriffs that are to return juries , are , as all men know that know any thing , sworn the day before michaelmas day ; therefore he might very well , and had good reason to remember that day ; when such a notorious thing happens to fall out at such a notorious time , 't is easier for a man to remember that time , than to speak to the particular time of an action done about the middle of a month , where there is not such a notorious circumstance . why , i can tell you very well where i was upon the day before michaelmas day ; upon that day , and the day after ; for that very reason , because it was a notorious day about the swearing of sheriffs in london . but if you ask me , where i was the middle of january , or the middle of february , i cannot so well remember that . but there is credit to be given to a man that speaks to a notorious circumstance , and thereby proves the probability of what he says , tho he should not be so particular in a thing that admits not of such a notorious circumstance . gentlemen , i make the objections as they are stated on the one side , and on the other side ; and the answers that naturally flow to prove the matters before you one way or other ; and you are to judge , you are to weigh them ; and which has the greater credit with you , you are to take notice of . he does say , in the next place , here was a discourse of arms and armed men , and a great sum of money spoken of , but there breaks out nothing of this matter till july following ; but this debate was in january , and february before . for that matter , the answer that is given , and it seems to be a plain one , is , that they were to conciliate a correspondence with people that were abroad , and that they could not go on till they had effected that , and till these people came to joyn with them , which could not be without some time . and you hear the cockrams and the cambels came not to the town , till june or july ; so that it was not probable it should break out till then , because it was to be agitated upon their coming here . and so that objection is answered , they did not apprehend any such necessity for present engaging in it . for , my lord howard , because he thought it would be a work of time to settle the correspondence , and get these people to town , went down to his country house in essex , and from thence to the bath , for he did apprehend some considerable time must be spent ere these pople could come ; and therefore he thought it convenient to take his retirement in the mean time . ay , but 't is strange , says mr. williams , and he makes that another objection ; he would have my lord howard to draw in this accusation of mr. hambden , to procure his pardon , by going further than the other discoverers had gone . it seems , say they , mr. hambden was not thought of at first ; but because west and keeling had discovered a plot , my lord howard , to secure himself , must go a step further than they , and ( as the defendants councel would have it ) than the truth ; and that is the stress of the objection . but the weight of the proof is quite different ; for all men know , in the plot there were several parts . there was the business of keeling and vvest , and that was the assassination of the king and the duke ; but the duke of monmouth , my lord howard and those other gentlemen , were for the business of the rising , tho that might be in order to that other purpose ; but they kept not company with those that were ingaged in that part of the design . they were the underlings , the scoundrel plotters , that were concerned in the assassination . but these gentlemen looked upon themselves to be the privy councellors , not to be the executioners ; they were to be only advisers , what was to be done after that other business was over ; and their consultations were for raising of men for an insurrection ; not the business of the assassination of the king , that was not their province . can it then be an objection against my lord howard , because he gives a testimony vvest and keeling could not give ? could they go further then the killing of the king , which was their business ? if any man should have asked my lord howard about that matter , he would have made answer , it was not for that purpose that we met together at mr. hamden's , and my lord russel's ; no , that was upon a particular business , and to a particular end and purpose . then he says too , that tho my lord howard comes here upon his oath , and declares these several matters that he hath deposed ; yet he has given a different accompt of things elsewhere , and he has called several witnesses to that purpose . to whom my lord howard several times upon his honour , upon his word , with eyes lifted up , and hands elevated to heaven , and many extraordinary protestations , declared , that he knew nothing of the plot ; and say they , if a man will at one time pawn his honour , and his reputation , for the truth of a thing , and after that , will come again to swear against all that matter , that is an argument that does sink the credit and reputation of that witness ; and thereupon they call you several witnesses , some whereof are persons of great honour and quality . i think they begin first with ducas , servant to col. sidney , and he tells you , after his master was taken , my lord howard came thither , and desired he might lye there ; and desired the use of some plate and goods of col. sidney's ; and then asked , what was become of his master ? and when ducas told him what he heard of the plot , that something was talked of , about the assassination of the king and the duke , my lord howard lift up his eyes , and his hands to heaven , and declared he knew nothing of it , but he believed col. sidney was a very honest man , and knew nothing at all of any such matter ; and as for himself , rather than he would be taken or confined again , he would do any thing . this was the evidence they gave as to him . then they come with mr. howard their d. witness ; for i would take them in order as they were produced , and he gives you an account , that he met with my lord howard , and my lord howard told him he knew nothing at all of any plot , and did believe that col. sidney was innocent , and he did believe likewise that my lord russel was innocent , and for his part he knew nothing of any such thing as a plot , but he says when he began to talk to him , why did he make such a bustle and go so often into the city and concern himself about the making of sheriffs ? he answered , i do nothing but what is in a legal way , and he justified all that was done to be only in a legal way . when once people come to believe that the raising of tumults , and making seditions , stirs and noises is a legal way to obtain their ends , as we know 't is the tenet and principle of a great many people , what will they not do under that pretence , that all they do is according to law ? they think it is lawful by the religion they profess to resist and oppose the government , and the old cause is a good cause to this day in some mens opinion , and they can die in it , and thank god for being concerned in it . and there are some people that say the raising of arms by the king's authority against his person is lawful by the religion they profess , and they call themselves protestants , ( how justly you may imagine ) and if men will make insurrections to difficult the government , it is rebellion , and no man can justifie it , let him pretend conscience or what he will , 't is rank treason . it is not saying , i am thus persuaded in my conscience that will excuse the man , if i steer my self by the dictates of a good and regular conscience , it can never be thought that i shall commit treason but it is the effect of evil principles . was it not under the shape of religion , that that blessed martyr king charles the first of ever blessed memory came to the block ; nay , and i have heard of some men in the late times that were ingaged on that side , who finding that the king did prevail at the beginning of the war , because he had gentlemen of quality and spirit to appear for him , were at a loss to know which way in the world they should put a spirit into the common people to oppose the king ; and some among them bid them be sure to put religion to be but the pretence , and that would make them run headlong to what they would have them . whose opinion that was is not strange to any that know any thing of the history of those times . so that when once people take it to be the principle of their religion to oppose and resist all that are not of their persuasion , and for religion sake to resist authority , then they think all is lawful they can do to preserve their religion as long as they are wound up to that opinion . their next witness , gentlemen , is my lord of clare , and he gives you an account of his discourse with my lord howard . and by the way i must observe what i am very sorry for with all my heart , to hear that among gentlemen of quality and honour discourses of the government and the male-administration of it as they think should be onely matter of jest fit for their recreation , and laughter , onely merry table-talk , as though government so sacred a thing were as mean as any trivial concern whatsoever . i am sorry to hear and see that persons of great honour and quality should esteem it so . and i must be pardoned if i take notice of it : for matters of government and yielding obedience to superiours is a matter of religion , 't is a serious matter , and every man ought to make conscience of it . to talk of government with reverence as well as pay duty and obedience to it . and when i find it made a jest i must be permitted to say that is not so well done , and whoever it is that makes it so ought very much to be blamed . my lord of clare comes and testifies , that my lord howard told him , he did not believe my lord russel was guilty of what he was accused of , much less did he believe it of col. sidney , and when he began to talk about writings found in sidney's closet , he said , there can be nothing of his writings found that can do him or any man else any hurt . this is the substance of what that noble lord has said . then there is my lord paget , and he likewise gives an account , that he had some discourse with my lord howard about the plot ; and he told him too , that he did not believe any thing of this plot , or that my lord russel and others accused had any hand in it . but i would observe this one thing upon my lord paget's testimony , that still my lord howard was wish'd joy by every body , and i am glad to see your heels at liberty , and the like . so that there was some jealousie of his being concerned ; some thing or other there was in it . says my lord howard , i look upon my self as affronted that any body should talk so of me . he was concerned that they should suspect him . but something there was at the bottom . says my lord paget , i am glad to hear you are out of it . for he began to imagine there must be some fire for all this smoak . that , gentlemen , was the discourse he had with him . but he says , that with my lord paget there were discourses of his going beyond sea , but he did not go . then comes dr. burnet , and he tells you , that there were protestations made to him , and he has got the same words as the french man had , that he did it with lifted up eyes and hands , he professed solemnly he was altogether a stranger to any such thing . the dr. says , he had heard there was a plot , and was persuaded of the truth of it , but he was a little shaken by what my lord howard said to him . but now he is sufficiently satisfied there is a plot , and i am glad he is , for i think it scarce does remain a doubt with any men that have any value for the religion and government we live under . and i know not how they could be better satisfied than by the evidence that has been given of it , a main part of which was given by my lord howard . all this was before my lord howard was taken . then comes in one mr. gisborne , and he tells you the same story , that a great while ago my lord howard told him he knew nothing of the plot. the next to him is mr. blake , and he tells you , that after such time as the plot was discovered , and after my lord russel was tryed , and after my lord howard had given evidence at the old baily , he shew'd him the warrant for his pardon , and blake telling him that was not sufficient without an actual pardon ; he replyed , i think in my conscience i shall not have a pardon till the drudgery of swearing is over . but is that any argument ? here is a man under the drudgery of swearing ; therefore he did not know any such thing as he swears . it carries thus much along with it , that it was uneasie to him , and there is a kind of a force put upon him to swear as they say in order to his pardon . but now , gentlemen , that will admit of this answer , and a plain one certainly it is , when a man comes over and over again to tell the world such a story and give such an account of himself , it must a little grate upon him though it be his duty to tell the truth , and though as mr. williams says , he is the best martyr that is a martyr for truth ; even so say i on the other side , he is the best penitent that is a penitent for truth , and he is the best witness that is a witness for truths sake , and he gives the best testimony of his repentance that by his testimony declares the truth though it be harsh and uneasie to him ; for if i have any ingenuity , and have lived in good credit in the world , it must be a drudgery and irksom thing to call my self a traytor so often in a court of justice . it is true , he might have given it a more moderate term , and yet withal upon these circumstances he might have reason to call it in some sense a drudgery . but now , gentlemen , as he did swear it before he had his pardon from time to time upon all occasions when he was called as a witness . so now the pardon is come , which they would have to be the reason of the continuance of his drudgery he swears the same thing . he has his pardon under the king's seal , and though it might be thought they would keep him within the compass of his tether till he had done his evidence ; now he has got that he desired he swears the same thing . and now his pardon does not at all influence his testimony , he is not under any fear , but is as free as any subject the king has , and now he is upon his oath , he gives you the account you have had , and he did say all the same things before such time as col. sidney , my l. russel were tryed that he says now . then , gentlemen , you have in the next place witnesses called , several of them to give you an account of the conversation and disposition of mr. hambden ; for says mr. williams , for a man to be guilty of a crime of this nature there must be some kind of evil disposition to it , and so mr. williams would argue and make this inference . you see he is not a man of a turbulent , seditious and factious spirit and temper , he is a studious person , very retired , that has been beyond sea much , and came not home till such a time . and if there were interlocutions between my lord howard and my lord shaftsbury it was before he came into england , and so he was not concerned in them . he says , that march last he was to go again , he had a mind to return again to france for his health , and what reason have we to imagine he should concern himself in the plot ? when he was so studious a man , lived so retired a life , and intended to go abroad so suddenly . and for this you have my lord paget , mr. pelham . sir henry hobart , dr. lupee , monsieur justel , and one murray . mr. williams . murray , my lord , we did not examine . lord chief justice . 't is true , i beg your pardon . well then , these others tell you , they have been persons very intimately conversant with him , they never knew he concerned himself with any thing about government , but was of a quiet peaceable demeanor , and was so far from that which the indictment talks of turbulency and sedition , that they never had any discourse with him about any such thing at all , save what dr. lupee says , who it seems lived with him about two years , and kept him company in his studies , and that once having some discourse about the popish plot ; he said he would venture his life and any thing he had to preserve the king and government against that plot ; he did very well , and if he had since declared , he would have ventured his life to have secured the king and government , against this plot , i should have been glad to find him of that mind , i pray god you may find him to be so . but from the evidence even of that french man , it seems there was some jealousie in the world , and that he lay under hard censures as well as other people . for speaking of the plot the advice given him was this . my lord grey is gone and the duke of monmouth is gone , why won't you go ? why should that advice be given , if there were no suspition of his being concerned . that he said i will not go , and so they would make his staying here to be an instance and proof of his innocence ; why gentlemen , if that should be so , then there was the same innocency in my lord russel , and col. sidney , and all of them : for all the council of six every one of them stay'd , except the duke of monmouth and he indeed did abscond . and the same evidence that made the duke of monmouth fly , and my lord essex out his own throat convicted my lord russel and col. sidney , and is now brought against the defendant , and has from time to time been given against the rest . we know no reason that they had to stay more than west or romsey had to stay and be taken , and yet that is not used by them as an argument of their innocency . these are the evidences that have been given on the defendants part ; and i tell you as i go along what answers are given to it on the part of the king. as to what is spoken of his intention to go again into france , if he designed to go , why did he not go before all this mischief broke out ? he came here at michaelmas , and i may say he came it may be at an unlucky time , when the city and its neighbourhood was in a distemper , and some men were blown with fears and jealousies . these might animate him , and inspirit him as they did other people , and put them into a ferment ; but you find him attending in town constantly here till the matter was discovered , whatsoever his intentions were , 't is much he did not put them into action , 't is strange he did not go all this while , it had been much for his advantage that he had never come out of france , or that he had returned thither much sooner . against all this that has been urged for the defendant about my lord howard , i will tell you , what is the answer to it ; and truly first i say , i am apt to believe my lord howard did tell these gentlemen what they here testifie ; but was it ever thought that any man that was guilty of high treason would presently proclaim his own guilt ? is it reasonable to imagine , my lord howard would tell dr. burnet i am in a plot , and col. sidney is in a plot , and mr. hambden is in a plot , and make it his common talk ; nay , it is so far from being an argument of his innocency , that more naturally it may be turned upon them as an argument of his guilt . for if a man had not been concerned in the business at all , but were an honest man , and free from suspition , what need i talk or concern my self to proclaim my own innocency not being accused ? why must i tell col. sidney's footman , this man , the other man , that i know nothing of the plot , and neither i nor any other man i am sure is concerned in it ? but that shews there was a dread and apprehension upon him of something that he was conscious of , and that lying within must have some vent , and this over-caution is an intimation that there was something more than ordinary in the matter . we take notice of it as a great evidence against a man that is accused for an high-way man , if he comes to such an ale-house or inn , and bids the people take notice i am here at such a time of the day , and that is a circumstance of time that will serve to answer a proof , it may be that may be brought against him of a robbery done such a time ; but we always look upon that industry of theirs as a piece of artifice designed to patch up a testimony to evade a proof . so that the argument will turn the other way ; and 't is more for the advantage of these worthy gentlemen , that it should be turned the other way , for otherwise they would be thought to be persons ill-affected to the government ; that is dr. burnet , my lord paget , my lord clare , and the rest . and if they have a mind to be thought otherwise , they must let the argument run that way as i say , and in charity we ought to believe the best of all mankind till we find otherwise by them . we say then in charity , we suppose he thought it not fit to intrust you with his confessions ; for you are all loyal men , i know 't is the best answer that can be given , and that which they ought to value themselves upon for their own credit and reputation , and not to make it an argument against my lord howard , or against the credibility of his testimony in the metter . i don't know truly , gentlemen , that i have omitted any one thing that is material , on the one side or on the other , of which there hath been any proof , but i must onely repeat to you this , here is a matter of great concern and consequence , a matter wherein the peace of the government and the kingdom is concerned in a very high degree , a matter , that if there were another witness as positive against the defendant as my lord howard , would amount to no less than high treason . but as there is but one witness backed with these circumstances to corroborate his testimony , 't is but onely a trespass , but i tell you it treads very nigh upon high treason , and the tendency of it was to bring us all into confusion and what would be the consequence of that but to lay us open to the same mischiefs that we were under in the times of the late rebellion . for though men pretend never so fair , and vail it under the names of the security of the government and the protestant religion , yet they would have done well to have tarried till they had a legal authority to call them to consult of these high matters that they pretend to secure , that had been well . what had these gentlemen to do to take upon themselves this power without authority ? gentlemen , you have heard the evidence , and you see what it is . and i must say , in the late evidences you have had concerning another business of this nature , i wish that might be said to preserve and support the credit of some persons upon whose testimonies lives have been taken away as has been said , and is evident for the advantage of my lord howard . i do not find that he has been guilty of perjury , as being concerned in taking oaths one way and then giving evidence another . i mean , first taking oaths of secresie and then revealing ; not but that notwithstanding all this , they may be believed , and god forbid but they should be believed according to truth . but i say , if objections of this nature are to prevail we must never expect any great crime to be punished , because we must stay till persons that are strangers to the guilt of the fact come to give evidence of it , which is impossible to be done . therefore , gentlemen , i must resolve it all into one head ; you have the case of a gentleman of quality on the one side , and the peace and preservation of the government on the other side . you hear what is proved against him , the evidence given on his behalf , the objections that have been made by the counsel , which all of them as near as i can remember i have repeated to you , and i ask your pardon and theirs if i have omitted any thing , and i desire to be minded of it . you hear the answers that have been given . and because the counsel were unwilling to give the court trouble or themselves to make long speeches and observations , therefore i have been necessitated to do it as well i can . upon the whole matter , my lord howard has thus positively sworn the matter of fact charged in the indictment against the defendant ; he has been supported by the witnesses that confirm the circumstances of smith's going into scotland , the scotch-men's being here in june , and the sham and cant. of carolina . all which you have heard , and i make no question observed , and is not contradicted by any thing i hear that carries any probability of an answer . therefore , gentlemen , i leave it to you , whether upon this evidence you will take it upon your consciences and oaths , that my lord howard is guilty of wilful and corrupt perjury , then you must find the defendant not guilty ; but if you think he has proved the matter fully , and his testimony is supported by those four witnesses , atterbury , sir andrew foster , sheriff , and bale , then gentlemen , you must find the defendant guilty . juriman . my lord , we desire to ask one question . at the meeting at mr. hamden's house , i think my lord howard says they went to dinner . mr. just . holloway . no , it was at coll. sidney's they went to dinner . l. c. j. i know not whether you have taken notice of it , but i have , it was at coll. sidney's they dined , not at mr. hambden's . then the jury withdrew from the bar , and within half an hour the jury returned , and being called over answered to their names , and gave in their verdict thus : cl. of crown . are you all agreed of your verdict ? omnes . yes . cl. of cr. who shall say for you ? omnes . foreman . cl. of cr. how say you ? is the defendant guilty of the trespass and misdemeanor whereof he is impeached , or not guilty ? foreman . guilty . which verdict being recorded , the court rose . martis . februarii , an. . b. r. l. c. j. mr. attorney , have you any thing to move ? mr. at. gen. i pray your judgment against mr. hambden , my lord , who was convicted the other day of a great misdemeanor . l. c. j. let mr. hambden come into the court then . which he did . mr. at. gen. my lord , i need not aggravate the hainousness of the offence ; for it appears both by the information , and upon the evidence to be beyond all aggravation , wherefore i shall onely pray your judgment for the king , that you would please to set a good fine upon him , and that he find sureties for his good behaviour during his life . mr. williams . may it please your lordship , i am of counsel for mr. hambden . l. c. j. are the rules out in this cause ? mr. williams . yes , my lord , they are out . l. c. j. well then , what say you for mr. hambden ? mr. williams . mr. hambden does attend here according to the condition of his recognizance , and since mr. attorney hath prayed your judgment , i shall not stir any thing as to the indictment or the verdict , but all i have to say for him is this , mr. hambden is but heir apparent , his father is alive ; and so though he has the prospect of a good estate , yet he has but little at present in possession ; your lordship knows what magna charta says , that there should be a salvo contenemento in all fines , and how far that may be an ingredient into your lordships judgment , i leave to your consideration . l. c. j. for that matter i cannot tell what his estate is , i have no knowledg of him , nor of his estate whether it be great or small , but mr. williams knows very well , that the crime in conscience as well as law in case it had been proved by two witnesses , would not only have wrought a forfeiture of all his estate , but a forfeiture of his life too , and all his reputation , would have bastardized his children , would have attainted and corrupted his bloud . so that there is no sort of imagination but that the crime was high enough of conscience ; and certainly deserves , if we can impose it adequate to its desert a very great punishment . mr. hambden , nor his counsel can deny but that they had a fair and a full hearing , they had the liberty to say and prove all that they could , and you cannot but say mr. attorney was very fair in making several concessions that he might very lawfully and rightly insisted upon . so that there can be no exception of that kind . i am sorry that mr. hambden a gentleman of good quality as he is by birth , though he be a person i never saw before he came here the last day of the last term upon his habeas corpus that i know of . i say , i am sorry one of his quality and education , a studious person as it seems by his own natural inclination , and a learned man should be so unhappily engaged in a design of this horridly evil nature . but on the one side as well as we must take care of the subject , so on the other we must take care of the government . here was a design of destroying the king , and subverting the government and bringing all into confusion . of this design the defendant is convicted , and we must take care to proportion the punishment , and according to our consciences and oaths , and as we ought to have regard to the offender , so also we are to have regard to the government that he has offended . mr. j. wythens . mr. williams , it was amercements that were spoken of there in magna charta . l. c. j. ay , it was never meant of fines for great offences . then the judges consulted together . mr. j. wythens . mr. hambden , you know you are convicted of a very great offence as great an offence as can be i think committed , unless it were high treason . for the matter of it would have made you guilty , if there had been two witnesses . it was for conspiring to levy war against his majesty , and for conspiring to raise an insurrection and rebellion within the kingdom , a conspiracy of which some other persons being lawfully convicted , they have suffered death for it . you are a person of an extraordinary good family . and i am sorry one of your family that has flourished so long and through so many generations in great honour and reputation , and great prosperity under the monarchy of england , should come to conspire to deprive that king of his government , whose ancestors have protected and defended your family , and to spoil that monarchy that has been the fountain of so much prosperity and honour to it . i am sorry it comes to my turn to pronounce the sentence of the court upon you , mr. hambden . i have not any personal knowledg of you , but i have heard of you , and heard heretofore very well of you . you have had a good education and the report of a learned and ingenuous person , which makes me yet wonder the more that you should engage in such a horrid design as this was . indeed mr. hambden , i am satisfied no fine can be too great , if any can be great enough for such an offence . we cannot take cognizance what your estate is , 't is reported there is a great estate in your family , it has been always represented to be so . mr. hambden . i have nothing but for life , and that is but little neither . mr. j. wythens . i know not what it is truly , sir. but it was always reported to me to be a very great estate , but whatsoever it is , we are to look after the proportioning the punishment as near as we can to the offence . my lord , and the court have considered of the matter , and they think fit to give this judgment upon you . they set the fine of forty thousand pounds upon you to be paid to the king , and you must be committed till you pay it . l. c. j. and that you find sureties for your good behaviour during your life . mr. att. gen. i pray he may be committed for his fine . l. c. j. let it be so . mr. hambden , if you will apply your self to the king , you may , and there perhaps you may find mercy ; we must according to the duty of our places and oaths give such judgment as the law requires . mr. just . withins . ay , in god's name . you are in the king's hands , and he may do what he pleases in it . l. c. j. if a crime of this nature should have a little punishment , it might encourage offenders , and if we were to judg according to some verdicts that have been given here for less offences , where gentlemen have given very much greater damages than thi● fine amounts to , this would be thought a moderate fine . i am sorry any man should bring himself into these circumstances : the king as he is the fountain of justice , so he is also of mercy , and you and all the rest of his subjects have cause to bless god that you live under a monarch that is very merciful . no doubt , if you give a good account of your contrition and sorrow for your great offence , and decently apply your self to the king , he will think of shewing mercy to you ; but justice is our work that are judges ; and according to the methods of justice we think we cannot inflict less than we have done . mr. williams . my lord , i pray his bail may be discharged . l. c. j. ay , his bail is discharged , he being committed . mr. williams . and for the high treason he is discharged by the habeas corpus act. l. c. j. yes , he is so , for there is no prosecution . then mr. hambden was carried by the marshal away prisoner . finis . notes, typically marginal, from the original text notes for div a -e then the dr. was sworn , and the oath repeated to him by sir h. h. in french. then doctor needham was sworn . the tryal and conviction of sr. sam. barnardiston, bart. for high misdemeanor at the session of nisi prius holden at guild-hall, london, for his majesties court of kings bench before the right honorable sir george jeffreys ... lord chief justice of england on thursday, feb. , . barnardiston, samuel, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal and conviction of sr. sam. barnardiston, bart. for high misdemeanor at the session of nisi prius holden at guild-hall, london, for his majesties court of kings bench before the right honorable sir george jeffreys ... lord chief justice of england on thursday, feb. , . barnardiston, samuel, sir, - . england and wales. court of king's bench. [i.e. ] p. printed for benjamin tooke ..., london : . trial for sedition connected with rye house plot. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, . trials (treason) -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal and conviction of s r. sam , bernardiston , bar t. for high-misdemeanor at the session of nisi privs , holden at guild-hall , london , for his majesties court of kings bench , before the right honorable sir george jeffreys , knight and baronet , lord chief justice of england , on thursday , feb. . . london : printed for benjamin tooke , at the ship in s. pauls church-yard , . i do appoint benjamin tooke to print the tryal of sir samuel bernardiston , baronet ; and order that no other person presume to print the same . geo. jeffreys . the tryal and conviction of sir sam . bernardiston , baronet . for high-misdemeanor , at the session of nisi privs , holden at guild-hall , london . there being in hillary term last an information in the court of kings-bench preferred by his majesties attorny general against sir samuel bernardiston , for a very great misdemeanor ; upon oath made that he was so extreamly indisposed , that he could not appear in person without danger of his life : the court were pleased to respite his recognizance , ( which he by order of the lords of his majesties most honourable privy council , entered into the last vacation to appear in this court the first day of this term , ) and to allow him the liberty of pleading to the information by attorney , which he did . and thursday the th . of february , . being the session of nisi prius after the term holden for the city of london and county of the same , was appointed for the tryal of this cause , and accordingly then the same came on , and was tryed before the right honourable sir george jeffreys , knight and baronet , lord chief justice of his majesties court of kings-bench , in this manner . clerk. call away cryer . cryer . you good men of nisi prius , summoned to appear here this day between our sovereign lord the king , and sir samuel bernardiston , baronet , answer to your names and save your issues . cl. thomas vernon and his fellows . vous avez plein inquest . call the defendant sir samuel bernardiston . cryer . sir samuel bernardiston , come forth or this inquest shall be taken by your default . mr. williams . he appears . cl. gardez vostres challenges . swear thomas vernon . cr. you shall well and truely try this issue between our sovereign lord the king , and sir samuel bernardiston according to your evidence . so help you god. cl. percival gilburn , who was sworn , and so the rest . the names of the twelve were these . thomas vernon , jur. percival gilburn , jur. edward bovery , jur. william withers , sen. jur. james wood , jur. robert masters , jur. samuel newton , jur. george torriano , jur. kenelm smith , jur. thomas goddard , jur. thomas amy and jur. richard blackburn . jur. then they were counted , and proclamation made for information in usual manner . mr. poultney . may it please your lordship , and you gentlemen of the jury ; this cause is between the king and sir samuel bernardiston , and it is upon an information exhibited by mr. attorney general , wherein he sets forth , that there having been lately a horrid plot discovered ( as appears by the convictions of those that have suffered justly for it , and by the evidence that has been given of it , has been made so apparent , that i do not question , but that no man but who either has a hand in it , or else bears a good will to it , doth at all scruple the belief of it ) sir samuel bernardiston the defendant intending to scandalize and vilifie the evidence , wrote a letter wherein are contained these sentences . the return of the duke of monmouth to white-hall , and his being received into extraordinary favour of his majesty , hath made a strange alteration of affairs at court ; for those that before spake of him very indecently , now court , cringe and creep to him . his grace complained to the king of the scandalous misrepresentation that was made of him in the mondays gazette , upon which the gazetter was called to accompt for it , who alledged for himself , that a person of great quality sent him in writing the words therein recited , commanding him to put them in the gazette . yesterday being the last day of the term , all the prisoners that were in the tower upon the late sham protestant-plot , were discharged upon bayl. mr. bradon who prosecuted the murther of the earl of essex , the information put in against him in the kings-bench by mr. attorney for a pretended subornation &c. was not prosecuted , and his bail was discharged . and the passing sentence upon the author of julian the apostate , and the printer of the late lord russels speech was passed over with silence . great applications are made to his majesty for the pardoning mr. sidney in the tower , which is believed will be attained , and that he will be banished . the lord howard appears despicable in the eyes of all men ; he is under guard at white-hall , and 't is believed will be sent to the tower , for that the duke of monmouth will accuse him concerning the testimony he hath given , and the papists and high tories are quite down in the mouth , their pride is abated , themselves and their plot confounded , but their malice is not aswaged . t is generally said the earl of essex was murthered . the brave lord russel is afresh lamented . the plot is lost here , except you in the country can find it out amongst the adressers and abhorrers . this sudden turn is an amazement to all men , and must produce some strange events , which a little time will shew . and then he goes on further , and saies in another letter these words . i am to answer yours of the and th . past , and truly i cannot but with great sorrow lament the loss of our good friend honest mr. john wright , but with patience we must submit to the almighty , who can as well raise up instruments to do his work , as change hearts , of which we have so great an instance in the business of the duke of monmouth , that no age or history can parallel . i am now throughly satisfied , that what was printed in the mondays gazette is utterly false , and you will see it publickly declared so shortly . the king is never pleased but when he is with him , hath commanded all the privy council to wait upon him , and happy is he that hath most of his favour . his pardon was sealed and delivered to him last wednesday . 't is said he will be restored to be master of the horse , and be called into the council table , and to all his other places , and 't is reported he will be made captain general of all the forces , and lord high admiral , &c. he treats all his old friends that daily visit him with great civilities , they are all satisfied with his integrity , and if god spares his life , doubt not but he will be an instrument of much good to the king ' and kingdom . he said publickly , that he knew my lord russel was as loyal a subject as any in england , and that his majesty believed the same now . i intend shortly to wait on him my self . it would make you laugh to see how strangely our high-tories and clergy are mortified , their countenances speak it . were my shesorary to be moved for now it would be readily granted . sr. george is grown very humble : 't is said mr. sidney is reprieved for dayes , which bodes well . and then , gentlemen , he goes on further , and in a third letter sayes , the late change here in publick affairs is so great and strange , that we are like men in a dream , can hardly believe what we see , and fear we are not fit for so great a mercy as the present juncture seems to promise . the sham protestant-plot is quite lost and confounded . the earl of mackensfield is bringing actions of scandalis magnatum against all the grand jury-men that indicted him at last assizes . l. ch. j. that is the only true thing in the whole . mr. poultney reads — and the several gentlemen that were indicted in cheshire and northamptonshire will bring their several actions at law against them . and , gentlemen , then in a fourth letter are contained these expressions . contrary to all mens expectations , a warrant is signed at last for beheading col. sidney at tower-hill next friday . great endeavours have been used to obtain his pardon , but the contrary party have carried it , which much dasheth our hopes , but god still governs . gentlemen , all this the information saies , he has done against the peace of the king , his crown and dignity . to this he has pleaded not guilty . we will call our witnesses , and if we prove it , we question not but you will find him guilty . mr. recorder . may it please your lordship and you gentlemen of the jury ; i am of counsel for the king in this cause . upon the opening of these letters to you , you cannot but wonder much more than he does that wrote them . his matter of wonder was one way , and i suppose your matter of wonder is another way , that a man , such an one as he is , should have that confidence to write such letters as these are . gentlemen , i do not doubt but you observe in the series of these letters how he hath travelled through all the transactions of this horrid conspiracy , that was of late contrived against the life of the king , and the life of his royal highness , and for the destruction of the government ; and how he does endeavour to turn it all into ridicule , and to magnifie the men , that have come to publick justice for being concerned in that horrid conspiracy , as being very brave men . the brave lord russel he is lamented as a brave man lost ; the earl of essex , he forsooth was murthered , and mr. bradden who prosecuted that murther , he is a brave man , whom i suppose some of you have heard of , and what is become of him , how he is convicted of one of the most notorious facts that ever was acted by man in any civil government , which was that bradden should go up and down to get witnesses to make it appear to the world , as though somebody had murthered that earl. thus you see he goes through the conspiracy from one thing to another , and calls it a sham protestant-plot , and all to ridicule the discovery , which by these very letters you may easily be satisfied of the reality and extent of . you see how he magnifies his julian , but he likewise is come to condign punishment for that most pernitious and scandalous libel . in the next place he comes to the duke of monmouth , and tells you what a brave man they have in him , to be their captain general , and he did not doubt but to see him come to it ; and sets forth that he has denied all the plot , and how he doth persist in that denial . and this gentleman has raised his confidence in these letters to that degree , that i think , any man that has lived any time in this nation , cannot but wonder , that ever there should be such an impudent action committed in it . gentlemen , we shall call our witnesses and prove it positively upon him , that these letters he did write , and then i suppose he will give an account how he came to write them . mr. herbert . may it please your lordship , and you gentlemen of the jury . i have but one word which i desire to observe ; for the opening of the case , and a right understanding of the matter will have a great influence upon the proofs . and i shall not insist upon any thing that has been opened at large out of the letters , but one thing i would observe to you , and that is out of the last letter . great endeavours have been used to obtain his pardon , but the contrary party have carried it , which much dasheth our hopes . so it seems by this that the faction , the party , have their hopes still , and it seems likewise the writer of these letters , hath a very great share in them . we have gentlemen , nothing to do here before you , but to prove that sir samuel bernardiston was the author , writer and publisher of the letters , which contain that which is charged in the information , and that we question not but to prove clearly without contradiction . call mr. blathwait . who was sworn . mr. herbert . pray give in the letters . which was done mr. recorder . pray sir , look upon those letters , and give the court and the jury an account where you had them . mr. blathwait . gentlemen of the jury , these three letters sir samuel bernardiston upon the th . of december , before the king and the lords of the council did own to be of his hand-writing . i marked them at that instant of time , and i am well assured they are the letters he owned to be of his hand-writing . mr. williams . did he own them to be of his hand-writing ? mr. blathwaite . yes . l. ch. j. did he own them all three ? mr. blathwaite . yes , my lord , he did . mr. williams . pray sir , who are they directed to ? l. ch. j. mr. williams , he is informed against for writing not for superscribing . mr. williams . my lord , i ask that question for this reason , he is indicted for writing and publishing , therefore i would know who they are directed to . did he say they were published by him , or sent to any one ? mr. blathwaite . he did not deny but that he had published and sent them . mr. williams . did he confess it ? mr. blathwaite . he did not deny it . l. ch. j. i suppose they on the other side will give an accompt where they were taken . mr. herbert . yes my lord. swear mr. atterbury . which was done mr. recorder . heark you , mr. atterbury , do you know any thing of these letters ? mr. atterbury . if you please to let me see them , sir. mr. recorder . shew him them which was done , and he looked upon them , and gave them in again . mr. herbert . did you hear sir samuel barnardiston own them to be his letters ? mr. atterbury . my lord , and you gentlemen of the jury , i had a warrant from mr. secretary jenkyns , about two months , or ten weeks ago , to apprehend sir samuel barnardiston , and i did , according to order , by vertue of that warrant , apprehend him , and carry him before his majesty . when he was there , those three letters i had just now in my hand , were then shewn to sir samuel bernardiston . i marked them , and know them to be the same ; sir samuel bernardiston did own he wrote them letters all three . l. ch. just . were the superscriptions upon them all , as they are now ? mr. atterb . yes , they were all as they are now . l. ch. just . what say you , mr. blathwaite ? mr. blathwaite . yes , they were just so , the same superscriptions . mr. atterb . his majesty asked him , who subscribed them ? — l. ch. just . superscribed them , thou meanest , they are not subscribed . mr. atterb . yes , my lord , superscribed them ; and he looked on them once again , and said , they were superscribed by one of his servants , and so ordered to be carried to the post-house . mr. recorder . where is nehemiah osland ? jury-man . my lord , we would ask the witness , whether he did own , that he sent them to the post-house ? l. ch. just . he says he ordered his man to superscribe them , and so to carry them to the post-house . mr. williams . look you , mr. atterbury , did he say he directed any of his servants to carry them to the post-house , upon your oath ? mr. atterb . i am upon my oath , sir ; i say , that he did say , that they were superscribed by some of his servants , he could not say which of his servants it was , and then they were sent to the post-house . mr. williams . pray , sir , mind , and answer my question , did he say he directed any of his servants to carry them to the post-house ? l. c. just . did he take any notice to you , or did you understand by him , that they were sent to the post-house by his consent ? mr. atterbury . yes , my lord , i did understand him so . l. c. just . did he write these letters to keep them in his pocket , do you think , mr. williams ? mr. williams . i do not know what he design'd them for , my lord ; nor do i yet know , till they are read , what is in them : but i ask him this question , did he say he sent them to the post-house ? mr. atterb . with your leave , i remember one thing more , my lord ; while he was in my house , ( for there he was in custody two days or more ) talking about these letters , says he , i wonder how they were taken , they were sent to sir skippon , or some such name he named . mr. recorder . swear nehemiah osland . which was done . mr. herbert . look upon those letters , sir , shew him them . which was done . l. ch. just . is this man's name osland ? mr. recorder . yes , nehemiah osland . do you know any thing of those superscriptions ? osland . two of those superscriptions i writ by his order as his servant . mr. recorder . which are those two ? then he gave them into the court. l. c. just . can you tell whose hand is the other part ? osland . i did not see it writ , but the hand is somewhat like sir samuel bernardiston's hand . l. ch. just . you believe it to be his hand . osland . yes , i do . mr. williams . did you ever see the inside of those letters that you say you superscribed ? osland . no , i never saw the inside . l. ch. just . what directions had you about them , after you had superscribed them ? osland . i had no direction but to leave them where i used to leave his letters , and that was in a window that sir samuel barnardiston always left his letters in , and from thence one of the boys used to carry them to the post-house . mr. williams . sir , did sir samuel order you to superscribe those three letters , and send them to the post-house ? l. ch. just . he said he superscribed them by his command , and left them in the place that letters used to be laid that were to go to the post-house . mr. recorder . pray sir look upon those letters again . l. ch. just . whose hand is the superscription ? is that sir samuel's too ? osland . i believe it sir samuel's hand . l. ch. just . shew that other letter to mr. blathwaite : ●hat say you to it sir ? mr. blathwaite . gentlemen of the jury : this is another letter that was seized and brought before the king and the lords of the council , and this letter was afterwards owned by osland , to be writ by him by sir samuel barnardiston's order . l. ch. just . did sir samuel own this letter to be his hand-writing too ? mr. blathwaite . no , he did not , but osland did own it . mr. recorder . my lord , we prove it otherwise to be sir samuel's letter , because it is not his hand but his mans. you osland , do you know who writ that letter ? osland . i writ it . mr. recorder . by whose order ? osland . i transcribed it out of a copy given me by sir samuel barnardiston , as i was his servant . l. ch. just . and did you write the superscription too ? osland . yes , i writ the superscription . l. ch. just . in order to what ? to go down into the country too ? osland . in order to go where it was directed , my lord. l. ch. just . where was that ? osland . into suffolk to sir philip skippon . l. ch. just . this letter was written at london , was it not ? osland . in bishopsgate-street at sir samuel's house . mr. williams . what is your name sir ? osland . my name is osland . mr. williams . your christian name ? osland . nehemiah . mr. williams . then , nehemiah osland , i ask you this question upon your oath , when these letters were superscribed by you , did you lay them in that window you speak of , or did you give them back again to sir samuel ? osland . sir , i am not so certain as to swear to these particular letters ; but his usual custom was , he would write a letter , and then give it me to copy : his closet door was near another window , and there he would leave it . if it were but one letter , he would use to say , direct such a letter to such a person , or such a place , and when it was so directed , i was used to put my letters there , and thence one of the boys came and fetched them to carry them to the post-house . but sometimes he would send me down directly with it away to the post-house , if he had not any other business for me to do . mr. williams . but sir , mind the question . i ask you again : did you deliver these letters , or any of them back again to sir samuel barnardiston , or no ? osland . i cannot tell for these particular letters . i tell you what the usual custom was in the house . mr. williams . pray when you had superscribed them , or sir samuel , what became of them letters ? osland . they went to the post-house , as i believe . mr. williams . how long have you served sir samuel barnardiston ? osland . five months . mr. williams . did you serve any body before ? osland . no. mr. recorder . why , do you think he doth not serve him well now , mr. williams ? mr. williams . i know very well what i think of it mr. recorder . l. ch. just . well , come read them . clerk reads — this is directed to sir philip skippon knight , at ipswich , and dated novemb. . . reads sir , the return of — mr. williams . that is not sir samuels hand , i think . l. ch. just . no , but writ by his order . osland . i transcribed it by his special order : for he came to me and gave me a letter , says he , go and make a copy of this letter . mr. recorder . and you did transcribe it exactly as it was in the paper he gave you ? osland . i examined it after i had writ it my self , and read it over again . l. ch. just . what did you write it out of ? osland . a copy he gave me . l. ch. just . was that copy his hand-writing ? osland . i did not see him write it , but i believe it to be his writing . l. ch. just . come read it . clerk reads — sir , the return of the duke of monmouth to white-hall , and his being received into extraordinary favour of his majesty , hath made a strange alteration of affairs at court : for those that before spake of him very indecently , now court , cringe , and creep to him . his grace complained to the king of the scandalous misrepresentation that was made of him in the mondays gazette , upon which the gazetter was called to accompt for it , who alleadged for himself , that a person of great quality sent him in writing the words therein recited , commanding him to put them in the gazette . yesterday being the last day of the term , all the prisoners that were in the tower upon the late sham protestant plot , were discharged upon bail. mr. bradden , who prosecuted the murder of the earl of essex , the information put in against him in the kings bench by mr. attorney ( for a pretended subornation ) &c. was not prosecuted , and his bail was discharged . and the passing sentence upon the author of julian the apostate , and the printer of the late lord russel's speech , was passed over with silence . great applications are made to his majesty for the pardoning mr. sidney in the tower , which is believed will be attained , and that he will be banished . the lord howard appears despicable in the eyes of all men , he is under a guard at white-hall , and believed he will be sent to the tower , for that the d. of m. will accuse him concerning the testimony he hath given , &c. the papists and high tories are quite down in the mouth , their pride is abated , themselves and their plot confounded , but their malice is not asswaged . 't is generally said , the earl of essex was murdered , the brave lord russel is afresh lamented . the plot is lost here , except you in the country can find it out amongst the addressors and abborrers . this sudden turn is an amazement to all men , and must produce some strange events , which a little time will shew . mr. recorder . now , go on to the next . the second letter . clerk. reads — this is directed , to sir philip skippon knight , at ipswich , suffolk . l. ch. just . that is one of his own writing . mr. recorder . yes , my lord. clerk. it is dated london the primo december , . dear sir , i am to answer yours of the th and th past , and truly i cannot but with great sorrow lament the loss of our good friend honest mr. john wright , but with patience we must submit to the almighty , who can as well raise up instruments to do his work , as change hearts , of which we have so great an instance in the business of the duke of monmouth , that no age or history can parallel . i am now throughly satisfied , that what was printed in the mondays gazette is utterly false , and you will see it publickly so declared shortly . the king is never pleased but when he is with him , hath commanded all the privy council to wait upon him , and happy is he that hath most of his favor . his pardon was sealed and delivered to him last wednesday . 't is said , he will be restored to be master of the horse , and be called into the council table , and to all his other places· and 't is reported , he will be made captain general of all the forces , and lord high admiral , &c. he treats all his old friends that daily visit him , with great civilities ; they are all satisfied with his integrity , and if god spares his life , doubt not but he will be an instrument of much good to the king and kingdom . he said publickly , that he knew my lord russel was as loyal a subject as any in england , and that his majesty believed the same now . i intend shortly to wait on him my self . it would make make you laugh to see how strangely our high tories and clergy are mortified their countenance speaks it . were my shesorary to be moved , for now it would be readily granted . sir george is grown very humble . 't is said mr. sidney is reprieved for days , which bodes well . mr. kedder sat with me sometime this evening . l. ch. just . there is no more in the record . mr. recorder . no my lord. then go on to the third . clerk. this is directed , for mr. edward gael , linnen draper at ipswich . mr. williams . is it likely he should write these letters to a draper ? l. ch. j. it is , it seems , the ordinary riff-raff he writes . he thinks it not below him to keep a correspondence with all the scoundrels of his party in the country . mr. recorder . ay , all sorts of trades he is acquainted with . clerk. it is dated the primo december , . reads — mr. gael this evening mr. kedder came and sat with me — l. ch. j. will you have it all read ? mr. williams . no , my lord , we do not desire it . l. ch. j. then read what is in the record . mr. recorder . look where that passage begins , the late change. — clerk. where is it sir ? it is not marked . l. ch. j. if you cannot find it out , then read the whole . clerk. reads — mr. gael , this evening mr. kedder came and sat with me , when acquainted him what you and others writ me in reference to himself , as also of the death of mr. wright , which he was sorry for . he protested , if could perswade his wife , he would accept of ipswich choice , notwithstanding all the discouragement he had met with . one more he acquainted me with , that had seen a letter from mr. cutliffe to dr. clegat , extreamly discouraging him from coming to ipswich , where if he did come , said , would find himself mistaken , for that would never enjoy quietness or peace , notwithstanding his balsamick temper , &c. as he call'd it . these things frights mr. kedder , who i am now perswading so soon as is up again , to go down for a month or two , and then if doth not like the place and people , may return hither again . this i resolve to press hard on monday , when have promised to dine with me , as also mr. hodges . be confident , i shall think nothing too much to effect this business , though one or other still pulls down as fast as i build up — here is now a door of incouragement opened for sober men to come into publick employment . you will undo the town of ipswich if you bring not sober men into play : for gods sake consider of it . perswade mr. snelling , or some sober men , to come in their two ports-mens places void for other matters , refer you to sir p. the late change here in publick affairs , is so great and strange . l. ch. j. there begins the passage in the record . clerk reads — the late change here in publick affairs is so great and strange , that we are like men in a dream , can hardly believe what we see , and fear we are not fit for so great a mercy as the present juncture seems to promise . the earl of mackensfeild is bringing actions of scandalis magnatum against all the grand jury-men that indicted him at last assizes . and the several gentlemen that were indicted in cheshire and northamptonshire , will bring their several actions at law against them . acquaint mr. snilling — l. ch. j. there is all that is in the record . mr. recorder . there are but two lines more . clerk reads — acquaint mr. snilling we received the two barrels of oysters , and two couple of ducks , and desire him to take mony of buckle for them . i rest , yours . mr. recorder . now go on to the next . clerk. this is the fourth letter : it is directed to mr. william cavell , at brightwell near ipswich in suffolk , and dated london the th of december , . shall i read it all ? l. ch. j. no , no : if you can find that part that is in the record , contrary to most mens expectations , there it begins . clerk. reads — contrary to most mens expectations a warrant is signed at last for beheading colonel sidney at tower-hill next friday . great endeavors have been used to obtain his pardon , but the contrary party have carryed it , which much dasheth our hopes , but god still governs . acquaint buckle . — l. ch. j. there is all . clerk. here is but a line more reads acquaint buckle , here is no news of crafton hoy , notwithstanding the wind is fair , 't is his practice always to loyter by the way . i rest , your loving friend . mr. williams . pray let me see that letter . mr. recorder . we have done , my lord , we leave it here . l. ch. j. well , what say you to it that are for the defendant ? mr. williams . may it please your lordship , and you gentlemen of the jury , i am of counsel here for the defendant sir samuel barnardiston , and the question now before you is , whether this gentleman be knowingly guilty of the writing and publishing these four letters that have been read here to you , and which of them he is guilty of writing , and which not ? i do not see see that his name is put to any of them , nay , the letters are not subscribed by any body , and that , gentlemen ; you may see by looking upon the letters . for the evidence that hath been given , i beseech your lordship to observe what it is . as to his publishing of them i see no evidence at all to prove him any way concerned in that : some of them indeed are his own hand writing , and proved to be his letters , by his own confession before the king and council ; that mr. blathwaite and mr. atterbury the messenger swear directly , that sir samuel barnardiston did own the letters , but for the fourth they say he did disown that to be his letter , and it is not so much as his hand ; but what proof is it they have brought to apply this to him ? you see what a sort of proof is made : they produce you here a young man that was ( as it hapned ) his servant at this time , and lived in his family with him in the nature of a secretary , it seems ; and how fit he was to be entertained in that quality , you i question not observe . he says , he did copy this letter by the direction of his master . it is well if he did not keep a copy himself by him of such a letter as this for a particular use , as some honest servants have done before now , that have designed somewhat of advantage to themselves : but that is his evidence about this fourth letter . that then gentlemen which we would offer on behalf of the defendant , is this , whether there be any evidence of the publishing of these letters by sir samuel barnardiston , either of all or any , and which of them ? all the proof that i hear , comes from atterbury , and the clerk of the council mr. blathwaite , which is but this : atterbury says , that sir samuel should say , they were sent to the post-house ; and mr. blathwaite says , he did not deny the publishing of them , but he does not say , he confessed it . as to the sending to the post-house , if it be true , i shall leave it to your lordship how far that , my lord , can be a publishing of a libel ; whether that be a publishing within the information , or no ? a gentleman writes a letter to a private friend , and sends it to the post-house ; whether that be a publishing of a libel , i leave it to you ? for the fourth letter , this same trusty secretary cannot tell you , whether he delivered it back again to sir samuel , or no ; or whether he put it in the window ; or whether he delivered it in at the post-house , only , as he believes , he laid it in the window as he used to do other letters . but whatever he believes must not pass for evidence , especially in mate●rs of this nature , it being a great crime , as the information has set it forth . if then there is no proof ( as with submission i hope there is not ) of the publication of these letters , i suppose , gentlemen , you will not take it upon your oaths , that he is guilty of what he is here accused of without evidence . this information , gentlemen , doth mention several things which do very much aggravate the matter , if they were proved . many things are laid in it to induce the information , and which may much enhance the crime , but of which i see no manner of proof at all . many things are mentioned as facts leading to the main fact , which is the great offence ; but these not being proved upon him , i desire he may be acquitted of that part . l. ch. j. what do you mean , mr. williams ? mr. williams . of all your preamble . l. ch. j. what preamble do you mean ? mr. williams . that he being a person of a turbulent and unquiet spirit — l. ch. j. why mr. williams , would you have the jury find that he is not so ? mr. williams . my lord , there is no proof of it ; or that he did do it with a design seditiously to disturb the peace , that he did it with a seditious intent . l. ch. j. you would have the jury find , i warrant , that he did it piously , and with a good intent . mr. williams . my lord , there is a middle way — l. ch. j. no , no , mr. williams , let us have none of that doctrine , we must have a care of that , and your middle ways . for certainly the law supplies the proof , if the thing it self speaks malice and sedition . as it is in murder , we say always in the indictment , he did it by the instigation of the devil : can the jury , if they find the fact , find he did it not by such instigation ? no , that does necessarily attend the very nature of such an action , or thing . so , in informations for offences of this nature , we say , he did it falsly , malitiously , and seditiously , which are the formal words ; but , if the nature of the thing be such as necessarily imports malice , reproach , and scandal to the government , there needs no proof but of the fact done , the law supplies the rest . if the fact were indifferent in it self , then to make a crime of it , the accidental circumstances must be proved , but it needs not where the thing implies malice in its own nature . you would have the jury find he had no ill design in it ; he did it with a good intent , i warrant you . mr. williams . all i would ask , my lord , is but this — l. ch. j. do you think he did it to serve the crown ? if the jury will take it upon their oaths that sir samuel barnardiston wrote these letters to serve the crown , you say something . pray ask them that question : try if you can make them believe that , mr. williams . mr. williams . there is no evidence given about his malice . l. ch. just . yes , the very thing is evidence of it self . mr. williams . pray , my lord , let the fact lye upon its own weight : there is no proof given of any of these aggravating things . l. ch. just . how shall any man prove another mans malice , which is a thing that lies only in a mans mind ? how should any man know that i am malicious against the government , but by my actions ? mr. williams . i lay it before your lordship and the jury . l. ch. j. no proof can be expected , but what the nature of every thing will bear . mr. williams . then i pray this , my lord , that i may be at liberty next term if we be convicted to urge this , and observe in mitigation of the punishment , that there was nothing of these things proved . l. ch. j. urge what you can in its proper time , but offer nothing here but what is fit to be offered . mr. williams . here are mentioned in this information , ( though it be by way of inducement , yet they must be proved ) things that are matters of record , but they have proved none of them . l.ch. j. have you any of those records here , the convictions of my lord russel and colonel sidney ? mr. recorder . those things are so well known , i suppose they will not contest them . mr. williams . sir , i must lay hold on all advantages for my client . you have made them part of your case , pray prove them . mr. recorder . truly , my lord , we did not think they would have made that any question , and we have them not here . they know it well enough to be true . lord ch. just . if you have them not here , go and find them ; if they insist upon it , you must prove them . i will stay till you fetch them . mr. williams . my lord , we would not hinder your lordships business . — lord ch. just . no , no , it will be no hindrance , i will do something else in the mean time . this is a cause of publick example and consequence , and i will give it all the fair hearing i can . mr. williams . my lord , if you please there is i suppose no such haste of trying this cause now , to hinder business and keep you here longer than needs . this cause may as well be tryed the beginning of next term. lord ch. just . no , no , i will make an end of it now , if i stay never so long for it ; indeed the defendant says , i am down in the mouth : 't is true , i have got a little hoarsness , but i thank god , my heart is not down , nor i hope never will be to serve the government . mr. williams . if they will , they shall find the letters without the records . mr. jones . no , no , we must have the records , though it is true , it is but matter of form , yet we must prove our whole case . lord ch. just . well , i will stay till they are fetched . let the jury stand by , and i will go on and try another cause , and in the mean time , fetch these records . do not make two journeys , but bring all that are mentioned in the record . then the jury were set by , and the court went on in some other causes , and about an hour and a half after , the records were brought , and this cause was resumed , and proceeded thus . lord ch. just . well come , have you those records now ? mr. recorder . yes , swear mr. tindal . which was done . is that a true copy ? mr. tindal . yes , it is a true copy of the indictment , conviction and attainder of my lord russel . i examined it with mr. tanner . lord ch. just . well , put it in . and then a word of it was read by the clerk. mr. recorder . and here is the record it self of the attainder of col. sidney . which was some part of it read also . lord ch. just . what say you now to it , gentlemen , for the defendant ? mr. thompson . my lord , i have nothing more to say , than has been said . lord ch. just . all this was well enough known . mr. jones . ay , but they would give the court all the trouble they could , by making them send for that , which they could not deny . lord ch. just . gentlemen of the jury , here is an information exhibited against sir samuel bernardiston , and the information sets forth this matter . it doth take notice of a horrid conspiracy , a damnable conspiracy , lately hatched and set on foot for the destruction of the king , and for the subversion of the government , that there were divers persons who were indicted , and stood convicted , and were afterwards executed for this horrid conspiracy . among the rest , there is notice taken of my lord russel for one , and colonel sidney , ( he went by that name , algernon sidney i mean ) for another , to be two of those conspirators that were ingaged in that damnable conspiracy for the destruction of the king , and subversion of the government . now gentlemen , that these persons according to the inducement of this information , were so indicted , so attainted and executed ( as far forth as is recited in the information ) is proved to you by the two records , which the counsel on the other side insisted to have shewn , and which have been now produced . the one is sworn to be a true copy of the conviction and attainder of my lord russel , and the other which they produced was the record it self of the conviction and attainder of sidney . so that , as to that part it is plain , they were convicted and attainted , both the one and the other , as actors in that hellish plot. the next thing , gentlemen , and which was so much insisted upon by the defendants counsel , is this : the information takes notice that the defendant sir samuel bernardiston , being a man of a factious , seditious , disaffected temper towards the government , a man of ill principles , in order to disturb , disquiet , and discompose the government , he did cause several letters , four in number , to be writ and published , which letters have been read unto you . it hath been objected , that in as much as the words , falsly , seditiously , malitiously , factiously , and the like words are in the information , they would have you believe , that there being no evidence of any such thing , as faction , malice and sedition , or that the man did it malitiously , and advisedly and seditiously ( which are the words in the premises , as i may call them , or the preamble of the information ) therefore they must be acquitted of that part . now as to that , i told them then , and tell you now , gentlemen , that no man living can discover the malitious evil designs and intentions of any other man , so as to give evidence of them , but by their words and actions . no man can prove what i intend , but by my words and actions . therefore if one doth compass and imagine the death of the king , that by our law , is high treason ; but whether or no he be guilty of this treason , so as to be convicted of it by another , is not proveable , or discoverable , but by some words or actions , whereby the imagination may be manifested . and therefore my imagining , my compassing , which is private in my own mind , must be submitted to the judgment that reason and the law passeth upon my words or actions , and then the action it self being proved , that discovers with what mind the thing was done ; as in the case i put before to the counsel . suppose any man without provocation kill another , the words of the indictment are , that he did it malitiously , feloniously , not having the fear of god before his eyes , but being moved and seduced by the instigation of the devil . now all these things , whether he had the fear of god before his eyes , or not ; or whether he were moved by the instigation of the devil , and of his malice fore-thought or no ; these cannot be known , till they come to be proved by the action that is done . so that in case any person doth write libels , or publish any expressions which in themselves carry sedition and faction , and ill will towards the government ; i cannot tell well how to express it otherwise in his accusation , than by such words , that he did it seditiously , factiously , and malitiously . and the proof of the thing it self , proves the evil mind it was done with . if then , gentlemen , you believe the defendant , sir samuel bernardiston , did write and publish these letters , that is proof enough of the words , malitiously , seditiously , and factiously , laid in the information . the letters are factious , seditious , and malitious letters , and as base as the worst of mankind ( though he had had all the provocation that ever could be given a man to libel another ) could ever have invented . and let sir samuel bernardiston put it under the countenance , or under the umbrage , or under the enamel of his zeal for the true protestant religion , if he will ; or if he have a mind to it , to give himself any fine name , by calling himself one of the sober party , or the godly party , or the upright party ; let him gild himself , and paint himself as he pleaseth , yet the inside is rotten , and 't is factious and seditious at the bottom to all intents and purposes whatsoever . and if he be guilty of it , as you gentlemen are to try and consider , the greater the man is , the greater the crime , and the more understanding he has , the more malitious he seems to be : for your little ordinary sort of people , that are of common mean understanding , they may be wheedled and drawn in , and surprized into such things ; but men of a publick figure , and of some value in the world , that have been taken to be men of the greatest interest and reputation in a party , it cannot be thought a sudden surprize upon them , no 't is a work of time and thought , 't is a thing fixed in his very nature , and it shews so much venome , as would make one think the whole mass of his blood were corrupted . i had thought the act of oblivion might have put sir samuel bernardiston in mind , that it was not fit any more to go down to white-hall , to make uproars , and tumults , and hubbub 's . but here is the matter that he now is accused of , and here is in it malice against the king , malice against the government , malice against both church and state , malice against any man that bears any share in the government , indeed malice against all mankind that are not of the same perswasion with those bloody miscreants , ( i cannot give them a milder name ) i mean the conspirators in the late damnable conspiracy , some of whom have been attainted and executed for it . here is the sanctifying of traitors , that were justly sentenced to execution according to the law of the land , and at the same time there is joyned with it the most inveterate insinuation against the government that can be , as though the king was prevailed with upon a sham protestant plot , to do things in order to destroy the government it self , and every one of the sober party , as they call themselves . for these persons could not have suffered , but as condemned according to the rules of law , but these letters carry an insinuation as if they were cut off by a sham-trick and design . for after the good news of the reprieve of sidney was contradicted , the warrant for his execution is taken notice of , and you see the manner of expression that is used , their party has prevailed , as though the putting the laws in execution , and hanging of traitors , were such a thing , that a party must be set up to prevail to do it , and mankind must be divided into parties , their party and our party , and the contrary party , they have prevailed , and truly now our party , the sober party , as he calls it , are in a very sad condition . then here is , as i said , the sainting of two horrid conspirators ; here is the l. russel sainted , that blessed martyr , my l. russel , that good man , that excellent protestant , he is lamented , and what an extraordinary man he was , who was fairly tryed , and justly convicted and attainted , for having a hand in this horrid conspiracy against the life of the king , and his dearest brother his royal highness , and for the subversion of the government . and here is mr. sidney sainted , what an extraordinary man he was ? yes surely , he was a very good man , because you may some of you remember , or have read the history of those times , and know what share mr. sidney had in that black and horrid villany , that cursed treason and murder , the murder i mean of king charles the first of blessed memory , a shame to religion it self , a perpetual reproach to the island we live in , to think that a prince should be brought by pretended methods of law and justice to such an end at his own palace . and 't is a shame to think , that such bloody miscreants should be sainted and lamented , who had any hand in that horrid murder and treason , and who to their dying minutes , when they were upon the brink of eternity , and just stepping into another world , could confidently bless god for their being ingaged in that good cause , ( as they call it ) which was the rebellion , which brought that blessed martyr to his death . it is high time for all mankind , that have any christianity or sense of heaven or hell , to bestir themselves , to rid the nation of such caterpillars , such monsters of villany as these are . nay , in these very letters is contained the very language of that cursed murderer and traitor walcot himself , that god almighty in his own time would raise up instruments . i know , gentlemen , you have heard and read what that bloody traitor said to that effect ; and you hear what expressions like it are in these letters , i am sorry for the death of our friend , honest mr. john wright , but god can easily raise up instruments to do his own work ; the very language of walcot . and i would have you take notice of it mr. blackerby , for i would have you take warning by these things . speaking to a gentleman that was taking notes . mr. blackerby . my lord , i have neither said nor done any thing that should give you occasion to speak thus to me . lord ch. just . these letters tell you , god will be sure to raise up instruments , but what instruments do they mean ? instruments of rebellion , and faction , and sedition , which they most falsly call , his own work . for it is that monstrous sin rebellion that they mean by it , instruments of treason , under pretence of fighting for god almighty they would fain be fighting against the government . it was the language of the former times , wherewith they destroyed the best of kings , and subverted the best of governments for a time , and were very near having totally destroyed three kingdoms , under pretence of doing god good service . and when once a people pursue such principles , and under the pretence of religion , endeavour to destroy monarchy and government it self , it is high time for all honest men to look about them . nay , and you may observe , gentlemen , another thing in these letters , it is not only the destruction of the civil government , the king and those that are in authority near him that are aimed at , but all persons that come with humble representations of their loyalty to him , all that address themselves to the king to shew their duty , and their dislike of that damnable design and conspiracy against him. for now ( says sir samuel bernardiston ) all the sham plot is quite blown off , and we cannot find any here , 't is lost except you can find it among the addressers and abhorrers in the countrey , or among a parcel of clergy-men . — so that all mankind , that ever thought themselves obliged to congratulate that blessed and happy deliverance , either to own our thankfulness to god for it , to whom we owe more than we are able to pay for his great mercy to us therein , or to express our joy to the king , in humble addresses , congratulating his deliverance from the horrid conspiracy lately designed against him , his brother , and the government ; these gentlemen , because they are loyal subjects , and desire to shew themselves so , must be branded with the names of abhorrers , torys , addressers , sham-plotters , and all the ignominy they can lay upon them . this shews it was not only aimed at the civil magistracy , but at all that dare be honest and oppose faction and rebellion . as for any thing that he has said of me , sir samuel bernardiston shall write and speak of me as long as he pleases . but though he says , i am down in the mouth ; it is true , i have a little lost my tongue by my cold , yet i hope i shall never lose my heart nor spirit to serve the government , nor forbear to use my utmost diligence to see that such offenders as these persons , that entertain principles so destructive to the government , be brought to condign punishment . and be they who they will , were they my own brothers , i should be of the same mind , and in that mind i hope in god i shall live and dy . gentlemen , the question before you is , whether the defendant be guilty of writing these malicious , seditious letters ; for that they are malicious and factious , no honest man can doubt in the least , and i do not find that the counsell for the defendant do offer to say any thing in defence of the letters , or can say , but that they are as venomous malicious , seditious , factious , tumultuous letters as can be written , and i must tell you , tread very near upon the borders of high treason it self . i am sure i may venture to call it cozen german to high treason . now that he did write and publish them , you have this proof before you : mr. blathwaite tells you , that sir samuel did own three of them , acknowledge them to be his own writing before his sacred majesty in council . atterbury the messenger says , he was by too when he did before the king acknowledge the writing of those three letters . as to the superscription to one of those three letters , you have the testimony of osland , the young man that lived with sir samuel bernardiston , he swears he writ it by his direction , being his servant . and as to the fourth letter , this young man does directly swear , that the original he copied it by ( for it is his writing ) he had from sir samuel bernardiston , and 't was of sir samuel's own writing , ( which he knows well , being acquainted with his hand ) and that sir samuel expresly directed him to copy it out , which he did by his command , and this is the same letter ; and so though 't is not under his hand , yet it is under his mans , and written by his direction . and he says he does believe the other three to be his hand-writing . so as to the dictating and writing of these letters , you have as full and as plain a proof as can be made . and as to his publishing of them , which is another part of the information , and of which mr. williams said there was no proof , i would say but this to you . is it not very preposterous , absurd and sensless , to think that ever it should enter into any mans imagination , that sir samuel bernardiston would take such a wonderful deal of pains and care to write these letters to sir philip skippon , and to the other two men , to tell them of his endeavours to take off mr. kedders scruples , and perswade him to go down to ipswich , and to desire them to take care of the sober party , and endeavour to get sober men into play , and all will do well , and that the duke of monmouth had denyed all the plot , and so given the lye to the king and the courts of justice , and now there was a door opened for sober men to come in , and god would raise up instruments , and the sober party will up again . do you think , i say , he would write all this fustian stuff , ( for i can call it no better than stuff , though it be very malicious stuff ) and carry to his man to copy out , and superscribe them and seal them , only to put them in his pocket ? if you can believe this , upon my word you have a faith able to remove great mountains ; but i assure you my faith cannot get to that strength . but for further proof of the publishing , you hear what the young man that was the defendants servant says . he tlles you the usual way of dealing with sir samuel's letters was this , there was a window near sir samuel's closet , and when the letters were sealed up , they were used to be put there in order that the boy according to the usual course might carry them to the post-house . and he doth believe these letters ( though he cannot particularly and positively speak to them ) were so used . besides all this , you have it by atterbury positively sworn , that about the same time that sir samuel bernardiston did acknowledge before the king , that he writ those letters , being in his custody , he did say they were sent to the post-house , and he wondred how they came by ' em . that proves it was done by his privity . and beyond all there is this circumstance , that the thing speaks it self , they are directed to men at ipswich , where sir samuel bernardiston is known to have a correspondence , they take notice of the receipt of letters from thence , and of the death of mr. wright , mentioned in those letters , which shews them to be answers to letters received , and must not these think you be sent , but kept still in his pocket ? there is notice also taken in them , of their country affairs : though they seemed to have met with some disappointment in such a business about mr. kedder , yet they were resolved to go on , and desires them to communicate this business of mr. kedder and dr. clegitt , to such and such of our friends , and desire them to bestir themselves , and get in sober men , such as mr. kedder among them . for it is mightily for our advantage , that there should be sober men brought into play at ipswich , and pray be sure to keep the sober party up . these things in their own nature speak , that these letters were intended and written , in order to preserve a correspondence between those of the sober party in ipswich , and their friends here , and therefore you may easily conclude what was to be done with them . so that , gentlemen , this information surely ( if ever any was ) is fully proved , as it is laid in all the parts of it . i would not have given you so much trouble at this time in an affair of this nature , that has been so evidently proved , because your question that you are to try , is only , whether the defendant be guilty of this offence , or not guilty ? ( you are not to inflict the penalty , that is the province of the court above ; ) but only because i see it is a matter of great expectation and consequence . i would not we should be gulled twice in one age , by the self-same men , and the self-same way , into the same treason and rebellion , and all those other mischiefs , that dreadful chaos and state of confusion , misery and destruction , that we were brought into in the late times . and that has made me take so much notice now in this place of the tendency of things of this nature , that we may learn to beware of , and know these men that carry sheeps cloathing , pretend zeal and religion , but their insides are wolves . they are traitors in their minds , whatsoever they are in their outward pretences . then the jury laid their heads together in the place where they stood , and being presently after agreed upon their verdict , the foreman gave it in , that the defendant sir samuel bernardiston was guilty of the offence and misdemeanour charged on him by the information . which verdict was recorded by the clerk. finis . a choice collection of loyal songs, all of them written since the two late plots, (viz.) the horrid salamanca plot in , and the fanatical conspiracy in . intermixt with some new love songs with a table to find every song to which is added, an anagram, and an accrostick on the salamanca doctor thompson, nathaniel, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a choice collection of loyal songs, all of them written since the two late plots, (viz.) the horrid salamanca plot in , and the fanatical conspiracy in . intermixt with some new love songs with a table to find every song to which is added, an anagram, and an accrostick on the salamanca doctor thompson, nathaniel, d. . [ ], p. printed by n.t. at the entrance into the old spring garden near charing-cross, london : . preface signed: n. t., i.e. nathaniel thompson. with two preliminary contents leaves and a preliminary advertisement leaf. stained, torn and cropped, with some loss of print. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng political ballads and songs -- england -- early works to . popish plot, -- poetry -- early works to . rye house plot, -- poetry -- early works to . great britain -- history -- stuarts, - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a choice collection of loyal songs , all of them written since the two late plots , ( viz. ) the horrid salamanca plot in . and the fanatical conspiracy in . intermixt with some new love songs with a table to find every song to which is added , an anagram , and an accrostick on the salamanca doctor . london , printed by n. t. at the entrance into the old spring garden near charing cross . . to the reader . amongst the several means that have been of late years to reduce the deluded multitude to their just allegiance , this of ballads and loyal songs has not been of the least influence . while the fergusons , and heads of the factions were blowing up sedition in every corner of the countrey , these flying choristers were asserting the rights of monarchy , and proclaiming loyalty in every street . the mis-inform'd rabble began to listen ; they began to hear to truth in a song , in time found their errors , and were charm'd into obedience . those that despise the reverend prelate in the pulpit , and the grave judge on the bench ; that will neither submit to the laws of god or man , will yet lend an itching ear to a new song , nay , and often become a convert by it , when all other means prove ineffectual . divine herbert has it excellently exprest , where he says , a verse may find him who a sermon flies , and turn delight into a sacrifice . it cannot be imagin'd how many scatter'd flocks this melodious tingling hath reduced to their princely hives , who otherwise had never been brought under the discipline of obedience or government . and , without ostentation , i may say , i printed my news-papers ( that always ▪ vindicated the king and government ) to undeceive the people , who were daily impos'd upon by curtis , smith , harris , care , vile , baldwin , janeway , &c. when no body else would or durst . for this the malice of the factious party swell'd so high against me , that they , with the assistance of a certain instrument , ( who swore through two brick-walls before oates appear'd ) caused me to be imprison'd six times , so that for near five years i was never free from trouble , having seldom less than , or indictments at a sessions against me ; at other times information upon information in the crown-office , which villainous contrivances of their agents , cost me at last l. in money , besides the loss of my trade and reputation ; the principal crimes they alledged against me , were , let oliver now be forgotten ▪ a song ; a hue and cry after t. o. when turn'd from white-hall ; the character of an ignoramus doctor ; a dialogue between the devil and the doctor ; the prisoners lamentation for the loss of sheriff bethel ; and at last for oates's manifesto ▪ all which phamphlets tended to no other evil than the laying open the villanies of oates and the rest of his perjur'd disciples : but ( thanks be to god ) tempora mutantur , &c. and truth daily shines more & more . these collections ( being of so much use to detect the scandalous lies and falshoods of the factious , and to keep the strong-headed beast within the reins of obedience ) i thought fit to publish , that the world may see i have not been idle in the worst of times , but have done my endeavour ( to the utmost of my talent ) for the interest of the king and government ; which , that they may flourish in spight of all his adversaries , ●s the hearty prayer of your most humble servant , n. t. a table of all the new songs contained in this book . let oliver now be forgotten . page . now , now , the tories all shall stoop . let us advance the good old cause . . now , now , the zealots all must droop . . now at last the riddle is expounded . . since reformation with whigs in fashion ▪ . rouse up great genius of this potent land. . since plotting's a trade . . bread a geud i think the nation 's mad . . from over the seas not long since there came . . hail to the knight of the post. . once on a time the doctor did swear . . what still ye whigs uneasy . . listen a while and i 'll tell you a tale. . did you not hear of a peer that was try'd . . tony was small but of noble race . . old jemmy is a lad , &c. . the commons now are at a stand . . now the tories that glories . . rouse up the tories of this factious land. . room , room for cavaliers , &c. . have you not lately heard , &c. . good people of england i hope you have had . come now let 's rejoyce , and the city bells ring . . now at l●st the matter is decided . . fill up the bowl and set it round , &c. . let the whigs repine , and tories smile . . rouse up great monarch in the royal cause . . you free-men and masters and prentices mourn . the delights of the bottle are turn'd out of doors . . o poland monster of our isle . . hay joller ringwood and towzer . ▪ ah cruel bloudy fate , . hail to london fair town . . prince george at last is come . . a tory came late through westminster-hall . the golden age is come . . now , now , the plot is all come out . . let pickering now be forgotten . . oh the mighty innocence , &c. . bee my shoul and shoulwation . . whigs are now such precious things . . the plot god w●t is all broke out . . beloved hearken all , o hone. . wealth breeds care , love hope and fear . . hark the thundring cannons roar. . let the moors repine their hopes resign . . you calvinists of england . . ye whigs and dissenters , i charge you attend . there was a monstrous doctor . . i hil tell thee tom the strangest story . . twa bony lads were sawny and jocky . ▪ at winchester was a wedding ▪ . when traytors did at popery rail . . let wine turn a spark and ale huff like a hector . hark , how noll and bradshaw's heads , &c. . good people i pray give ear unto me , &c. . the second part , ibid. . rebellion hath broken up house . . remember y● whigs what was formerly done . come listen a while tho the weather be cold . . i 'll t●ll you a tale tho before 't was in print . when the plot i first invented . . i 'm glad to hear the cannons roar . . alas what is like to become of the plot. . hells restless factious agents still plot on . . no● loyal tories may tryumph in glories . . 〈◊〉 and ambition alas will deceive you . . 〈◊〉 for great algernoon . . joy to great caesar , &c. . you london lads rejoyce , &c. . hark the fatal day is come , &c. . hail to the prince of the plot. . have you heard of forty one sir. . my bony dear sh●ny , my crony , my hony. . from the tap in the guts of the honourable stump . . defend us from all popish plots . . from councel of where treason prevails . . ye london lads be sorry . . you loyal lads be merry , &c. . who would not be a tory. · let the whigs repine and all combine . . now the antichristian crew , &c. . now , now , the bad old cause is tapt . . i hang and behead until you be dead . . come all you caballers and parliament votes . . 't was a foolish fancy jemmy . . rouse , rouse my laisy myrmidons . . faction and folly alas will deceive you . . let canons roar from sea to shore . . have you heard of a festival convent . . ods hearty wounds i se not to plowing . . now by my love the greatest oaths , &c. . o the plot discoverers . . drown melancholy in a glass of wine . . make room for an honest red-coat . . our oates , last week not worth a gr●at . . some say , the papists had a plot. . now innocent blood 's almost forgot . . there is an old story . . come , cut again ; the game 's not done . . informing of late's a notable trade . . since counterfeit plots have affected this age. . the deel assist the plotting whigs . . jack presbyter's up , and hopes at one swoop . . this is the cabal of some protestant lords . . come make a good toast . . ah! cruel bloody tom. . tell me no more there must be something in 't . . anagram and acrostick on the salamanca sizer . . these songs you may have in a large collection , with the notes . together with several loyal poems , prints , and papers upon several occasions , at the entrance into the old-spring-garden near charing-cross ; also any musick-books or songs may be there printed . books printed and sold by nath. thompson ▪ at the entrance into the old-spring-garden near charing-cross . a narrative of the phanatical plot , setting forth the treasonable and wicked designs which they have been carrying on against the king and government ever since the last westminster parliament . with an account of their treacherous contrivances against several worthy persons , and the measures which was used to take off the evidence by subornation . to which is added a relation of the evil practices of john rouse ( who was lately executed at tyburn ) will. lewis ( who stands convicted ) and others . by john zeal gent. price s. a vindication of the lord russels speech and innocence ; in a dialogue betwixt whig and tory : being the same that was promised to the observator in a penny-post letter . price d. staffords memoirs : or , a brief and impartial account of the birth and quality , imprisonment , tryal and principles , declaration , comportment , devotion , last speech and final end of william late lord viscount stafford , beheaded on tower-hill wednesday the th . of december , . whereunto is annexed a short appendix concerning some passages in stephen colledges tryal at oxford . price s. d. the lawyer out-law'd ; or , a brief answer to mr. hunt's defence of the charter . with some useful remarks on the commons proceedings in the last parliament at westminster , in a letter to a friend . price d. a dialoge between the devil & the salamanca dr. a letter to mr. elkana settle , occasioned upon his famous recanting and plot-ridiculing narrative . price . d some brief remarks on the debates of the house of commons in the last parliament at oxford , &c. price d. oates's manifesto , or the complaint of titus oates against the dr. of salamanca : and the same dr. against titus oates , occasioned by some inconsistent evidence given about the damnable popish plot. price d. the arraignment of co-ordinate-power ; wherein all arbitrary-proceedings are laid open to all abhorrers and addressers : with a touch at the london petition and charter , &c. very useful for all lawyers and gentlemen ▪ price s. the genealogies of the high-born prince and princess , george ▪ and anne , of denmark , &c. shewing the lineal descent of these two noble and illustrious families : with their matches , issues , times of death , place of sepulcher , impresses , devices , &c. from the year of grace m. to this present year . extracted from the most auth●ntick testimonies of the best hystorians and antiquaries of their times . price bound s. janu● scientiarum : or , a compendious introduction to geography , chronology , government ▪ hystory , phylosophy ; and all gentile sorts of literature . price bound d. anima mundi ; or , an hystorical narration of the opinions of the ancients concerning man's soul after this life ; according to un-enlightened nature . great i● diana of the ephesians ; or , the original of idolatry ; together with the politick institution of the gentiles sacrifices . both bound together , price s. d. all three written by charles blount gent. the compleat swearing-master , &c. the character of an ignoramus doctor . a collection of new loyal songs , made since the beginning of the plot . the tune , how vnhappy is phillis in love. . let oliver now be forgotten , his policy 's quite out of dores , let bradshaw and hewson lie rotten , like sons of phanatical whores : for tony's grown a patrician , by voting damn'd sedition , for many years , fam'd politician , the mouth of all presbyter peers . . old tony a turn-coat at worster , yet swore he 'd maintain the king 's right ; but tony did swagger and bluster , yet never drew sword on his side . for tony is like an old stallion , he has still the pox of rebellion , and never was sound ; like the camelion , still changing his shape and his ground . . old rowley's return'd ( heavens bless him ) from exile and danger set free ; old tony made hast to address him , and swore none more loyal than he the king , who knew him a traytor , and saw him squint like a satyr ; yet through his grace pardon'd the matter , and gave him since the purse and the mace. . and now little chancellour tony , with honour had feather'd his wing , and carefully pick'd up the money , but never a groat for the king : but tony's luck was confounded ; the duke who smoak'd him a round-head ; from head to heel tony was sounded , great york soon put a spoke in his wheel . . but now little tony in passion , like boy that had nettl'd his breech , maliciously took an occasion , to make a most delicate speech ; he told the king like a croney ; if e're he hop'd to have money , he must be rul'd : oh fine tony ! was ever potent monarch so school'd ? . the king issues out a proclamation , by learned and loyal advice ; but tony possesses the nation the councel will never be wise : for tony is madder and madder , and monmouth's blown like a bladder , and l — e too , who grows gladder , that they great york are like to subdue . . but destiny shortly will cross it , for tony's grown gouty and sick , in spight of his spiggot and fawcet the states-man must go to old nick : for tony rails at the papists , yet he himself is an atheist ; though so precise , foolish and apish , like holy quack or priest in disguise . . but now let this rump of the law see , a maxim as learned in part ; who e're with his prince is too sawcy , 't is fear'd he 's a traytor in 's heart , then tony cease to be witty , by buzzing treason i' th' city ; and love the king , so ends my ditty , or else let him die like a dog in a string . the whigs exaltation , a pleasant new song , to an old tune of forty one. . now , now the tories all shall stoop . religion and the laws , and whigs on commonwealth get up to ●a● the good old cause ; tantivy-boys shall all go down , and haughty monarchy , the ●eathern-cap shall brave the throne ; then hey boys up go we . . when once that antichristian crew are crush'd , and overthrown , we 'l teach the nobles how to bow , and keep their gentry down , good manners has a bad repute , and tends to pride we see ; we 'l therefore cry all breeding down and hey boys up go we . the name of lord shall be abhorr'd , for ev'ry mans a brother ; what reason 's then in church or state one man should rule another ? thus having peel'd and plunder'd all , and level'd each degree , we 'l make their plump young daughters fall , and hey boys up go we . . what though the king and parliament cannot accord together , we have good cause to be content , this is our sun-shine weather ; for if good reason should take place , and they should both agree , d'zounds who wou'd be in a round-heads case ? for hey then up go we . . we 'l down with all the ' versities where learning is profes● : for they still practice , and maintain the language of the beast ; we 'l exercise in every grove , and preach beneath a tree ; we 'l make a pulpit of a tub , then hey boys up go we . . the whigs shall rule committee-chair , who will such laws invent , as shall exclude the lawful heir by act of parliament : we 'l cut his royal highness down , ev'n shorter by the knee , that he shall never reach the throne , then hey boys up go we . . we 'l smite the idol in guild-hall , and then ( as we were wont , ) we 'l cry it was a popish plot , and swear those rogues have don 't ; his royal highness to un-throne our interest will be , for if he e're enjoy his own , then hey boys up go we . . we 'l break the windows which the whore of babylon has painted ; and when their bishops are pull'd down , our elders shall be sainted : thus having quite enslav'd the throne , pretending to set free , at length the gallows claims its own , then hey boys up go we . an excellent new hymn , exalting the mobile to loyalty , &c. to the tune of forty one. . let us advance the good old cause ; fear not tantivitiers , whose threatnings are as senseless , as our jealousies and fears ; 't is we must perfect this great work , and all the tories slay , and make the king a glorious saint the clean contrary way . . it is for liberty we plot , and for the publick good , by making bishops go to pot , and shedding guiltless blood ; we 'l damn the orthodoxal beast , and their adherents slay ; when these are down , we shall be blest the clean contrary way . . when we the king have bankrupt lain , of power and crown bereft him , and all his loyal subjects slain , and none but rebels left him ; when we have quite undone the land , by ignoramus sway we 'l settle the succession , and the clean contrary way . . 't is to preserve his majesty , that we against him rise , the righteous cause can never die that 's manag'd by the wise , th' association's a just thing , and that does seem to say , who fights for us , fights for the king the clean contrary way . . religion still must be th' intent , the nations peace and good , the privledge of parliament so rarely understood ; we 'l pull the laws and reason down , and teach men to obey their sovereign , and the rights o' th' crown the clean contrary way . . our properties we 'l upwards set , by imprisonment and plunder , and needy whigs preferment get ▪ to keep all tories under : we 'l keep in pension oates and prance , to swear and to betray the int'rest of the king , t' advance the clean contrary way . . what tho' the king be now misled by the old popish crew ? he 'l find our honesty has sped , and give us all our due ; for we ( he knows ) do rail and plot , rebellion to obey , and that we stand for peace and ▪ truth the clean contrary way . . and now my noble countrey-men you cannot doubt my zeal , that we have so true and loyal been to king and commonweal ; and if at last we chance to hang for what we do or say ; our comfort is , to heav'n we gang the clean contrary way . a song on his royal highness's return from scotland . to the tune of , hey boys up go we . . now , now the zealots all must droop , the synagogues shall down , and truth and loyalty get up , the pillars of the throne ; the whigs ( who loyalty forsook ) shall with one voice agree , to welcom home the mighty duke of york and albany . . behold with what a glorious train of noble lords and peers , great york is guarded o're the main , in spight of all our fears ▪ our groundless doubts and jealousies of popish slavery . for who can keep the crowd in peace , but york and albany . . the wandring dove that was sent forth to find some landing near , when englands ark was toss●d on floods of jealousies and fears ; returns with olive branch of joy , to set the nation free from whiggish rage , that wou'd destroy great york and albany . · and now he is return'd in peace , with all his pompous train , whom heav'n protected o're the seas , to bless this land again ? let us with thankful hearts comply , and joyful harmony ; for scotlands hope , and englands joy , is york and albany . . let bumpers flow , and bonfires blaze , and every steeple ring , to set forth royal jemmy's praise , the brother of our king : let trumpets sound , and cannons roar , and with one voice agree , since heav'n again has brought ashoar great york and albany . , these solemn rights they freely gave to ev'y factious brother ; who thought the nation to enslave , and ruine one another ; to monmouth , and each factious lord , to oates and shaftsbury ; but thought it treason to afford to york and albany . . now be confounded , all you tribe of ignoramus sway ; who by malicious plots contriv'd to drive the heir away , ( as you did once before to france ) an exile o're the sea ; who ( to your grief ) did home advance great york and albany . . and may he , with the joys he wed , together flourish still ; and live to crush the serpents head , whose sting did pierce his heel , till rebels tremble at his name , and all the land agree , the just succession to procliam of york and albany . the riddle of the roundhead . to the tune , now at last the riddle is expounded . . now at last the riddle is expounded , which so long the nation has confounded , for the roundhead begins the game again , which so well they play'd in forty four , now with greater hope ; for the fine sham-plots will ne'r give over , till they piously have routed king and pope . . anthony that worm of reformation , who of commonwealth has laid foundation , which the nation so hotly does pursue ; let him be rewarded in the tower , for his merits due : by that busie plotting head laid lower , we may perhaps escape what might ensue . . perkin make fine legs to the shouting rabble , who to make him king he thinks are able ; but the bauble is only shew'd for use : the silly idiot serves but for a tool still , for knaves to work their feats , and will remain but a dull mistaken fool still , for all their damn'd cabals & wapping treats . . the most zealous parliament devoted , for the publick good devoutly voted , pray note it , that the duke must ne'er be king ; and like honest faithfull loyal subjects , his majesty implore , to sign their pious and religious projects , or else the threatn'd king must reign no more . . the renowned work of reformation , to be carry'd on throughout the nation , in a passion they vote the canons down : acts and statutes all must be confounded , law and justice too , to make way for the proud rebellious roundhead that they once more the nation may undo . . lords and bishops both are useless voted , and the factious crew who gravely plotted , are noted for lords and commons too , whigs and brumighams with shams and stories , are true protestants , and protestants are masquerates and tories , the modern reformation of the saints . . old queen bess that made the best indentures , good king jemmy too against dissenters , he ventures ▪ to turn them out of doors ; to take in quakers puritans and ranters , the parliament implores , to build a kirk of whigs and covenanters , and make a lawful race of sons of whores . . rowley now with wisdom and grave reason , to prevent the swift approaching treason , in season put a period to their strife ; in oxford all their stratagem● confounded , the roguish joyner too ; and may no better fate attend the roundhead , that wou'd the church and monarchy subdue . . oxford loyal youths who scorn to sham us , with a perjur'd bill of ignoramus , or name us for loyal , traytors known ; soon found a flaw i' th bottom of the joyner , by justice and the laws , of church and commonwealth an underminer , who fell a martyr in the good old cause . . now for shame ye zealots be confounded , boast no more allegiance , since a roundhead is grounded upon the holy sham : how dare ye talk of loyalty , a hater of justice , king and laws , since the whiggish protestant is found a traytor , and dies a martyr in the good old cause . ignoramus : an excellent song . to the tune of , lay by your pleading since reformation with whig's in fashion , there 's neither equity nor justice in the nation , against their furies , there no such cure is , as lately hath been wrought by ignoramus-juries . compaction of faction that breeds all distraction , is at the zenith point , but will not bear an action . they sham us , and flam us , and ram us , and damn us , and then in spight of law , come off with ignoramus . oh , how they plotted , brimi●hams voted and all the mobile the holy cause promoted ; they preach'd up treason , at ev'ry season , and taught the multitude rebellion was but reason , with breaches , impeaches , and most loyal speeches , with royal bloud again to glut the thirsty leeches . they sham us and flam us , &c. 't is such a jury wou'd pass no tory , were he as innocent as a saint in glory : but let a brother ravish his mother , assassinate his king , he wou'd find no other . they shamed , and blamed , at loyallists aimed ; but when a whig's repriev'd the town with beacons flamed they sham us and flam us , &c. this ignoramus with which they sham us , wou'd find against a york , to raise a m — th-amus who clears a traytor ; and a king hater against his lawful prince wou'd find sufficient matter they sought it , and wrought it , like rebels they fought it , and with the price of royal martyrs blood they bought it ▪ they sham us , and flam us , &c. at the old-baily , where rogues flock daily , a greater traytor far then coleman , white or staley was late indicted , witnesses cited , but then he was set free ; so the king was righted ' gainst princes , offences prov'd in all senses ; but ' gainst a whig there 's no truth in evidences ▪ they sham us , and flam us , &c. but wot you what , sir ? they found it not , sir ; 't was ev'ry jurors case , and there lay all the plot , sir. for at this season , shou'd they do reason , which of themselves wou'd scape , if they found it treason ? compassion in fashion , the int'rest of th' nation oh , what a godly point is self-preservation ! they sham us , and flam us , &c. 'las what is conscience in baxter's own sense , when int'rest lies at stake , an oath and law is nonsense . now they will banter quaker and ranter , to find a loyallist , and clear a covenanter . they 'l wrangle and brangle , the soul intangle , to save the traytors neck from the old triangle . they flam us , and sham us , &c. alass ! for pitty of this good city , what will the tories say in their drunken dity ? when all abettors . and monarch-haters , the brethren damn'd their souls to save malicious traytors but mind it , long winded , with prejudice blinded , lest what they did reject , another jury find it then sham us , and flam us . and ram us , and damn us . when against king and law you find an ignoramus london's loyalty , to a pleasant new tune , call'd burton-hall . rowze up great genius of this potent land , lest traytors once more get the upper hand ; the rebel crowd their former tenents own , and treason worse than plagues infect the town : the sneaking mayor and his two pimping shreeves , who for their honesty no better are then theeves ; fall from their sov'raigns side , to court the mobile , oh! london , london , where 's thy loyalty ? first , yorkshire patience twirls his copper chain ; and hopes to see a commonwealth again ; the sneaking fool of breaking is affraid ▪ dares not change● is side for fear he lose his trade ; then loyal slingsby does their fate divine — he that abjur'd the king ▪ bnd all his sacred line , and is suppos'd his fathers murderer to be ; oh! bethel , bethel , where 's thy loyalty ? a most noto●ious villain late was caught , and after to the bar of justice brought ; but ●lingsby pack●r a jury of his own , of worser rogues then e're made gallows groan● then dugdales evidence was soon decry'd , that was s● just , and honest● when old stafford dy'd : now was a perjur'd villain , and he ly'd . oh! justice , justice , where 's thy equity ? now cl — ton , murmures treason , unprovok'd , first sup'd the king , and after wish'd him choak't , ' cause danby's place was well bestow'd before , he rebel turns , seduc'd by scarlet whore ; his sawcy pride aspires to high renown , leather breeches are forgot in which he trudg●d to town , nought but the treasury can please the scribling clown oh! robin , robin , where●s thy modesty ? pl — er now grows dull , and pines for want of whore ; poor creswel , she can take his word no more , three hundred pounds , is such a heavy yoak , which not being pay'd , the worn out bawd is broak , these are the instruments by heaven sent , these are the saints petition for a parliament : that would for interest sake , destroy the monarchy : oh! london , london , where 's thy loyalty ? heaven bless fair england , and i'ts monarch here , in scotland , bless your high commissioner , let perkin his ungracious error see and tony scape no more the triple tree : then peace and plenty shall our joyes restore , villains and factions shall oppress the town no more . but every loyal subject then shall happy be , nor need we care for londons loyalty . the loyal health . a court song , to a delicate new tune . . since plotting's a trade , like the rest of the nation : let 'em lie and swear on , to keep up the vocation ; let tinkers and weavers , and joyners agree ▪ to find work for the cooper , they 'l have none of me , let politick shams , in the states-men abound , while we quaff off our bumpers , and set the glass round : the jolly true toper's the best subject still , who drinks off his liquor , and thinks no more ill . . then let us stand to 't , and like honest men fall , who love king and country ▪ duke , dutchess and all : not such as wou'd blow up the nation by stealth , and out of the flame raise a new commonwealth : not such , who against church and bishops do rage , to advance old jack presbyter , on the new stage . but to all honest tories who 'l fight for their king , and to crown the brave work , with the court wee 'l begin . . here 's a health to the king , and his lawful successors to honest tantivies , and loyal addressors ; but a pox take all those , that promoted petitions ▪ to poyson the nation , and stir up seditions ▪ here 's a health to the queen , and her ladies of honour , and a pox take all those , that put sham plots upon her . here 's a health to the duke , and the senate of scotland , and to all honest men , that from bishops ne're got-land . here 's a health to l'estrange , and the boon heraclitus : and true tory thompson , who never did slight us , and forgetting broom , paulin , and alderman wrightus , with tony and bethel , ignoramus and titus ; here 's a health to the church , and all those that are for it , confusion to zealots , and whigs that abhor it , may it ever be safe , from the new mode refiners : and may justice be done upon coopers and joyners . . here 's a health to old hall — , who our joys did restore ; and a pox take each popular son of a whore ; to the spaniard and dane , the brave russian and moor , who come from far nations , our king to adore , to all that do worship , the god of the vine , and to old jolly bowman who draws us good wine ; and as for all traytors , whether baptist or whig , may they all trot to tyburn , to dance the old jig . here 's a health to all those , who love the king and his laws , and may they near pledge it that broach'd the old cause here 's a health to the state , and a plague on the pack of commonwealth canters ▪ and presbyrer jack ; to the uppermost pendent that ever did play on the highest top-gallant o th' soveraign o' th' sea ; and he that denies to the standard to lore , may he sink in the ocean , and never drink more . the loyal scot ; an excellent new song , to a new scotch tune . . bred of gued ! i think the nation 's ma● and nene but knaves and perjur'd loo● do rule the rost ; and for an honest kerl ne living's to be had why sure the deel is landed on the engl● coast . i ha' ne'r been here sin ' forty three , and now thro' scotland gang , to'l see o● gracious king ; but wunds a gued ! instead of mirth an● mery-glee , i find and s●iv'ling presbyter is coming in . . for they talk of horrid popish plots , and heav'n knows what , when au the wiser world knows well what they 'd be at ; for with sike like seeming sanctity the geudest king they did to death and ruine bring . when on the civil-broils they first did enter in , ( as well ye ken ) with popery they did begin ▪ and with liberty and publick geud was muckle din , when the deel a bit they meant the thing . ▪ that machine of monstrous policy , i se mean old shaftsbury for loyalty so ●am'd the voice of all the geudly rabble mobile , the fausest loon that ever envy destin'd damn'd heav'n sure never meant so fou a thing , but to inform the world where villany did dwell : and sike a traytor beath to commonwealth and king the muckle deel did surely never hatch in hell. . for , like roman cataline , to gain his pious ends , he pimps for au the loose rebellious fops in toon : and with treats and treason daily crams his city friends , from the link●man to the scarlet-goon . and with high debauchery they carry on the cause , and guedly reformation is the sham pretence ▪ and religiously defie divine and humane laws , with obedience to their rightful prince . . then , as speaker , to this grand cabal , old envy tony , seated at the head o●th ' board , his learn'd oration for rebellion makes to all , applauded and approv'd by ev'ry factious lord . cully jemmy then they vote for king , whom curse confound for being sike a senseless loon can they who did their lawful lord to th' scaffold bring be just to him , that has no title to a croon ? . but they find he 's a blockhead fitting for their use , a fool by nature , and a knave by custom grown . a gay fop-monarch , that the rabble may abuse and their bus'ness done , will soon unthrone . and jemmy swears and vows , 'gan he can get the croon , he by the laws of forty ene will guided be : and prophane lawn-sleeves and surplices again must doon , then hey for and presbytery . . b — m a states-man would be thought , and reason geud that he should bear that rev'rend name , since he was ene of them that first began the plot , how he the king might banter , and three kingdoms sham. au the male-contents his noble grace to this rehearsal did invite , to hear and see : but , whilst he wittily contriv'd it but a farce , the busier noddles turn'd it into tragedy . . and now each actor does begin to play his part , and too so well he cons his geer , and takes his cue , till they learn to play the rebel so by rote of heart , that the fictitious story seems most true. and now , without controll , they apprehend and hang and with the nation au is gospel that they swear : then , bonny jockey , prithee back to'l scotland gang , for a loyal lad's in danger here . the state empirick , a new song . to the tune of , which no body can deny . . from over the seas not long since there came , a doctor of most notorious fame , if you please you may guess at his vn-christian name . which no body can deny . . this doctor came hither to cure three nations . who were so silly as to be his patients ; and first he blooded 'em for the fashions . which no body can deny . . the med'cine he brought was called a plot , which was compounded of the devil knows what : when first he arriv'd it was piping-hot . which , &c. . but if we may guess at the damn'd composition ▪ 't was a mess of all sorts of english sedition , made up by a presbyterian physician . which , &c. . to make each dose go down the safer , what do's the still this learned gaffer , but cover it o'r with a papist●s wafer . which , &c. . as soon as 't was swallow'd , the patient began to stare and to talk like a lunatick man , of pistols and daggers , to kill and trapan . which , &c. . to some 't was emetick , to others cathartick , ( i mean , to all those who of it did partake , ) in short , it made every honest mans heart-ake . which , &c. . to say truth we were all in a filthy condition this voided a libel , that spew'd a petition , for which we may thank in part our physician . which , &c. . at last it made our bloud so ferment , that a rancorous sore from men's body's was sent : the vlcer , i mean , of a strange parliament . which , &c. . it 's venom upon each member was shed ; the body it almost had over-spread , nay , it had e●en like to have seiz'd on the head. which , &c. . but one wiser then all , did giv 't such a thump , that it burst and went out , just next to the rump . which made with joy ev'ry loyal heart jump . which ▪ &c. . this vlcer was full of pistol and sword , with blunderbuss and with your things made of board , your protestant flayls to fight for the lord. which , &c . o doctor ! i fear , you study'd art magick , to compass your ends , which still were so tragick : but now it is hop'd that we may lead you a jig . which , &c. . or else i am sure , without being uncivil , a man my believe you deal with the devil , for no body else could have wrought us such evil. which , &c. . your canting was charm , rebellion your witch , with these you gave the poor rabble the itch , when like emp'rick on stage you made 'em a speech . which , &c. . y' are jilted you see by faction your whore , your little tap-pug can help you no more : hell ow's both a spite , and will pay ye the score . which no body can deny . titus tell-troth : a song to the tune of , hail to the myrile shades . . hail to the knight of the post ; to titus the chief of the town titus who vainly did boast of the salamancha gown ; titus who saw the world o're , from the tower of valadolid , yet stood in the white-horse door , and swore to it , like the creed . . titus at watton in may , to titus at islington ; and titus the self same day both here and there again . titus who never swore truth , his politick plots to maintain , and never yet bawk'd an oath , when call'd to the test again . . then titus was meekest of all , when never a peny in 's purse , and oft did on pickering call , his charity to imburse . but when he swore damnable oaths , and lying esteemed no sin , then titus was one of those whom the devil had entred in . . then titus the frown of heav'n , and titus a plague upon earth ; titus who 'l ne'r be forgiven , curs'd from his fatal birth ; titus the curse and the doom of the rich and the poor man too ; oh titus , thou shred of a loom , what a plague dost thou mean to do ? . titus an orthodox beast , and titus a presbyter tall ; titus a popish priest , and titus the shame of all ; titus who ne'r had the skill the wise with his plots to deceive but titus whose tongue can kill ; whom nature has made a sla ▪ . titus the light of the town , where zealots and whigs do resort ; titus the shame of the gown , and titus the scorn of the court ; titus who spew'd out the truth , to swallow the covenant ; yet never blush'd at an oath , whom lying has made a saint . . yet titus believed cou'd be against any popish lord ; whilst still ag●inst shaftsbury the witness and truth ●s abhor'd ; so titus got credit and gold for lying , an thought it no sin ; but against dissenters bold the truth is not worth a pin . . thus titus swore on a pace , ' gainst those whom he never did see ; yet titus with brazen face wou'd our preserver be . but as titus the foremost in trust discover'd this mistery : may titus so be the first that leads to the triple-tree . the compleat swearing-master : to the tune of , now now the fight 's done . . once on a time , the dr. did swea● , by the help of his friend the prince of the air. he was busie in consult , one day in spain , and on the same day in england again , and the dr. did wear that noble don john , though little and fair , was a tall black man. . the dr. swore he brought commissions to town from father oliva , to men of renown : to raise mighty force , the king to destroy , for which many ruffians the pope did imploy ; and the dr. did swear that little don john , was black , and also a very tall man. . that forty thousand pilgrims there were , arm'd with black bills , that march'd in the air and ready to strike when the pope should command , and carry to rome poor little england . and the dr. did swear as few others can , that little don john is a tall black man. . and the dr. did swear he had letters full many but for all he swore , he ne'r produc'd any , it 's much he kept none to make out the matter but it may be he lost them , in crossing the water ; but that 's all one the dr. swore on , that little don john was a tall black man. . he swore two hundred thousand pounds sent to ireland , which was all to be spent : in squibs to burn houses , amunition and bills , and pay popish doctors for king killing pills : which he swore had been done if the plot had gon on , and then swore don john a very tall man. . and the dr. did swear he knew not some men , yet afterwards swore , he knew them again ; and the dr. did swear by the fair candle-light he could not discern a man from a mite : but believe him who will , for i hardly can , that little don john is a tall black man. . and he swore he always a protestant was , and ne'r car'd a fart for pope or for mass , and he swore he went to st. omers to find what the jesuits had against england design'd . and the dr. did swear , deny it who can , that little don john was a tall black man . and the dr. did swear a thousand things more that discovering the plot had made him so poor , and he swore himself pounds worse , but a pox of all lies , take that with a curse : but i le not beleiv't , although others can , that little don john is a tall black man. . now if it should please the dr. to swear to keep his hand in , a man is a bear ; or the dr. will swear his soul to the devil , he wall do it for me , i love to be civil ; every man in his way , let the dr. swear on , but i beg his excuse in the size of don john. . the dr. may swear the crow to be white , or a pigmey to be of gygantick height , or double his numbers of pilgrims and bills , and swear them drawn up in lincolns-inn-fields . i hear 't and believ 't as much as i can , that little don john is a tall black man , . there 's no stopping the tide , let the dr. swear on . the black is the fair , or the fair the black man , or swear what he will i care not a t — , i 'de as soon as his , take another mans word : so dr. be damn'd and swear all you can , don john is not tall , nor yet a black man : a tory in a whig's coat : to the tune of , vp with aley , &c. . what ! still ye whigs uneasie ! will nothing coll your brain , unless great charles , to please-ye , will let ye drive his wain ? then up with prance and oats , and up with knaves a pair ; but down with him that votes against a lawful heir . . your grievance is remov'd , old staufford's made a saint , though you but little prov'd , the karle away you sent . then up with all your spight , and shevv us vvhat you mean ; i fear me , by this light , ye long to vent your spleen . . that peerless house af commons . so zealous for the lord , meant ( piously ) vvith some on 's to flesh the godly sword : then up vvith au the leaven , with each dissenting loon , then up with bully stephen ; but colledge is gone doon . . what wou'd those loons have had ? what makes 'em still to mutter ? i think thy're au gone mad , they keep so muckle clutter : then up with pilk and sute , another blessed pair ; and up with e'ry brute ; but chiefly goatham's mayo ▪ . our salamancha-priest has left his flock in hast ; and shrevvdly is he mist ; which makes us all gast : then up vvith lads of vvorth , with baldwin , v●le and care ; for these must novv hold forth , and dick shall nose a pray'r . but is our parson gone ; and whither gone i trow ? what , back agen to spain ? gued faith e'n let him go : then up with blundering s. the tories plague , i trow ; 't is he our cause must bless with characters , and so . — . but scurvy heraclitus , and roger too is rude , and nat , who plagues poor titus , which makes us chew the cud : then up with associations , remonstrances and libels ; 't is these must save three nations , and will presreve our bibles . the popish fox does seem to sleep his time away ; but his pernicious dream is only to betray : then up with how. the mole , and many more that be ; but up with little pole upon the highest tree . . hieraclitus is a debtor , to some within the city , who sent him sike a letter , he 'l pay them in a ditty : then up with au dissenters , up with 'em in a cart : and up with him that ventures his majesty to thwart . . but now great york is come , ( whom heaven still be with ) you 'll find ( both all and some ) 't was ill to shew your teeth : then up with e●ry round-head , and e'ry factious brother , you 're luck is now confounded . ye au must up together . the protestant flayl : to the tune of , lacy's maggot ; or , the hobby-horse . . listen a while , and i 'l tell you a tale of a new device of a protestant flayl ; with a thump , thump , thump , a thump , thump , a thump , thump . this flayl it was made of the finest vvood , well lin'd vvith lead , and notable good , for splitting of brains , and shedding of bloud of all that withstood , with a thump , thump , &c. . this flayl vvas invented to thrash the brain , and leave behind not the vvait of a grain , with a thump , &c. at the handle-end there hung a weight , that carried vvith it unavoidable fate , to take the monarch a rap in the pate , and govern the state. with a thump , &c. . it took its degree in oxford-town , and with the carpenter went down , with a thump , &c. if any durst his might oppose , he had you close , in spight of your nose , to carry on clever the good old cause , and down with the laws , with a thump , &c. with this they threatned to fore-stall the church , and give the bishops a mawl with a thump , &c. if king and lords would not submit to the joyner's will while the house did sit , if this in the right place did hit , the cause it would split , with a thump , &c. . two handfuls of death , with a thong hung fast , by a zealot who hang'd himself at last , with a thump , &c. with a moving head both stiff and stout , found by the protestant joyner out , to have at the king & the laws t'other bout ▪ and turn them both out , with a thump , &c. . invinsibly 't wou'd deal his blovvs , all to maintain the good old cause , with a thump , &c wou'd liberty and freedom bring to every thing except the king , at monarchy it had a fling , and took its svving , with a thump , &c. . this flayl vvas made of the nevvest fashion , to heal the breaches of the nation , with a thump , &c. if faction any difference bred , t●vvon'd split the cause in the very head , till monarchy reel'd , and loyalty bled , and vvere knock'd in the head , with a thump , &c. . when any strife vvas in the state , this flayl vvou'd end the vvhole debate , with a thump , &c. ' gainst arbitrary power of state , and popery vvhich the zealots hate , it vvou'd give them such a rap on the pate , they must yield to their fate , with a thump , &c. . it had a thousand virtues more , and had a salve for every sore , with a thump , &c. with this they thought to have maintain'd , the loyal tribe , and royalists brain'd : but the joyner vvas hang'd , and the flayl vvas arraign●d and the conquest regain'd , with a thump , &c. . may tony and all our enemies , meet vvith no better fate then his , with a thump , &c. may charles still live to rule the state , and york , ( vvhom all dissenters hate ) to be reveng'd upon their pate , by timely fate , with a thump , thump , thump a thump , thump , a thump , thump . ignoramus●justice , to the tune of , sir egledemore . . did you not hear of a peer that was try'd ? with a fa ▪ la , la , la , la. that looks like a cask with a tap in his side ; with a fa , la , la , la , la. this noble peer to the bar was call'd ; the witnessses sworn , but the fore-man out-baul'd ; with a fa , la , la , la , la. . then up sir samuel did start ; with a fa , la , &c. and found the bill not worth a f — ; with a fa , la , &c. with that the court kept such a stir , the fore-man should prove so s●yll a sir , with a fa , la , &c. . the witnesses for the king swore plain ; with a fa , la , &c. but had they been as many again ; with a fa , la , &c. the jury before such truths receiv'd , nor them , nor st. peter they wou'd have believ'd ; with a fa , la , &c. . the witnesses brought him a traytor in ; with a fa , la , &c. but the jury found it another thing ; with a fa , la , &c. for he who did still his king oppose , is made a true subject in spight of the laws ; with a fa , la , &c. . thus this great lord of high renown ; with a fa , la , &c. th' exalted idol of the town ; with a fa , la , &c. is clear'd by ignoramus-sway , for betraying the church and the king in a day , with a fa , la , &c. . the rabble to shew their loyalty ; with a fa , la , &c. did in full shouts with the jury agree ; with a fa , la , &c. they bonfires made with great applause , and all to maintain the good old cause ; with a fa , la , &c. . and now in spight of king and queen ; with a fa , la , &c. more jollity was in the streets to be seen ; with a fa , la , &c. then on the twenty ninth of may , though it was the restauration-day ; with a fa , la , &c. . another passage i chanc●d to hear ; with a fa , la , &c. that the doctor is fallen from the front to the rear ; with a fa , la , &c. he to the saints does now incline , abjures the king , with the rebels combines ; vvith a fa , la , &c ▪ . yet these pretend now for to inherit ; vvith a fa , la , &c. ( as heirs do estates ) the light of the spirit ; vvith a fa , la , &c. yet let them say or do what they will , they 'l find themselves ignoramus still ; vvith a fa , la , &c. . but had it been a popish lord ; vvith a fa , la , &c. one witness then had serv'd in a word ; vvith a fa , la , &c. they had not then enquir'd so far ; but found it , and never have stept from the bar vvith a fa , la , &c. . if by this law the charter be lost ; with a fa , la , &c. will tony's estate repay all the cost ? with a fa , la , &c. the boys will then find out the cheat. and de de witt the old cam●al in his retreat ; with a fa , la , &c. . they 'l curse that pate that studied to bring ; with a fa , la , &c. plague to the country , and ruine to th' king ; with a fa , la , &c. divested thus of citophel's pride , they 'l do him that justice which juries deny'd with a fa , la , &c. the loyal feast● ; to the tune of sawney will never be my love again . . tony was small , but of noble race , and was beloved of ev'ry one ; he broach'd his tap , and it ran apace to make a solemn treat for all the town he sent to yeoman , knight , and lord , the holy tribe to entertain with all the nation cou'd afford , but tony will never be himself again . . he sent to the shambles for all their store , and left behind neither fowl nor beast ; the spiggot ran swift and fain wou'd do more to make all the lords a noble feast ; he sent to market , sent to fair , his loyal guests to entertain , but of the banquet he had no share , and tony will never be himself again . . at two great halls in london town , design'd to meet a zealous crew of lords and knights of high renown , and all were protestants true blue . they threw in guineys free as brass , the noble frolick to maintain , but on great charles the sham wou'd not pass and tony will &c. . with duty to their lawful prince , a loyal subject every one ; to pray for him is the pretence , and then to rail and plot against the crown from church they did intend to th' hall , their noble guests to entertain ; but they were routed , horse and all , and tony &c. . in favour of the king and duke , the heir-apparent of the throne , his highness they exclude , and took a fop-pretender of their own ; the meek guide moses they withstand , a golden calf to entertain ; but royal charles he dispers'd the band , and tony , &c. . the bloody papists shall no more contrive against his life and reign : tho' it was themselves did the feat before , and are as ready to do 't again . thus they exclude the rightful heir , the gaudy fop to entertain , but they were met by the good lord mayor , and tony &c. . with thanks and pray'rs for our good king they vow'd to sacrifice the day ; but royal charles he smoak'd out the thing ; and sent the rable with a pox away . he sent his summons to the cit , seditious meetings to restrain , the feast was broke , and the guests were besh — , and tony &c. and now the capons flye about , with frigaces of ambergreece , and chickens ready drest they shout about the street for pence a piece : the whigs did wish the council choak'd , who did this noble feast restrain ; all down in the mouth to be thus bawk'd , poor tony will never be himself again . old jemmey . tune of , young jemmey . . old jemmy is a lad right lawfully descended ; no bastard born nor bred , nor for a whig suspended : the true and lawful heir to th' crown , by right of birth and laws , and bravely will maintain his own , in spight of all his foes . . old jemmy is the top and chief amongst the princes ; no mobile gay fop , with brimigham pretences : a heart and soul so wondrous great and such a conqu'ring eye , that every loyal lad fears not in jemmy's cause to die . old jemmy is a prince of noble resolutions . whose powerful influence can order our confusions : but oh! he fights with such a grace no force can him withstand ; no god of war but must give place where jemmy leads the van . to jemmy every swain does pay due veneration ; and scotland does maintain his title to the nation : the pride of all the court he stands the patron of his cause , the joy and hope of all his friends the terrour of his foes . . maliciously they vote , to work old jemmy's ruin , and zealously promote a bill for his undoing : both lords and commons most agree to pull his highness down ; but ( ' spight of all their policy ) old jemmy's heir to th' crown . . the schismatick and saint , the baptist and the athiest , swear by the covenant , old jemmy is a papist ; whilst all the holy crew did plot to pull his highness down , great albany a noble scot did raise unto a crown . . great albany they swear , he before any other , shall be immediate heir unto his royal brother , who will in spight of all his foes , his lawful rights maintain , and all the fops that interpose , old jemmy's york again . . the whigs and zealots plot to banish him the nation , but the renowned scot hath wrought his restauration . with high respects they treat his grace his royal cause maintain ; brave albany ( to scotland's praise ) is mighty york again . . against his envious fates the kirk hath taught a lesson ; a blessing on the states , to settle the succession . they real were , both knight and lord and will his rights maintain ; by royal parliament restor'd , old jemmy's come again . . and now he 's come again , in spight of all pretenders , great albany shall reign amongst the faiths defenders . let whig and brimigham repine ; they shew their teeth in vain ; the glory of the brittish line , old jemmy's come again . the honour of great york and albany , to a new tune . . the commons now are at a stand , and evermore i hope shall be ; for scotland will be a help at hand , for great james duke of al-ba-ny . for scotland , . a braver nation he can't have , for love , for truth , for loyalty ; each man will fight into his grave , for great james duke of albany . each man , &c. . a souldier stout is he , and brave , as ever any man did see , god bless the king , and queen , and save our great james , duke of albany , god bless , &c. . he very wise , and pious is , there 's no man knows the contrary ; then damn'd be him that thinks amiss , of great james duke of albany . then damn'd &c. ▪ all loyal subjects him must love , the heir apparent , still is he , next to the king , there 's none above our great james duke of albany . next to the king , &c. . then let our reason our ill will sway , and every man upon his knee , i do not mean to drink , but pray , for great james duke of albany . i do not mean , &c. . there 's no man is so mad to think , that drinking can availing be , 't is better for to fight than drink , for great james duke of albany . 't is better , &c. . yet do not think i 'll bawk his health , but with my cup , most moderately , i 'll drink , i 'll fight , and spend my wealth , for great james duke of albany . i 'll drink , i 'll fight , and spend , &c. the well-wishers to the royal family . to a new tune . . now the tories , that glories in royal jemmy's return , the tavern shall roar it and score it , your caps and bonnets burn : let the lads and lasses set foot foot in their turn ; and he that passes his glasses , may he never scape the horn : royal james is come again , there 's for honest men room again , the true heir is come again ; fop pretenders we scorn , then hey boys laugh it , and quaff it , let whigs and zealots mourn . . let impeaches and speeches be with the authors pull'd down ; and all that preaches or teaches against the heir of the crown : no more the zealous shall tell us of the succession of the throne ; till the rebellious so zealous , his lawful interest own : monarchy is got up again , every man take his cup again , till we make the whigs stoop again : who our peace wou'd enthrall : and every rebel that libel'd , do at his foot stool fall , . let 's be loyal and joy-al , spite of each factious caball , who daily deny all , defie all , that we can loyalty call ; who smoaking , and soaking , with the return of the rump , sadly looking , sit croaking , to see it wore to 'th stump ; then set the glass round again , for our time let 's not spend in vain , but let us now drink a main , fill it up to the brim : come round boys let 's trowl it & bowl it , till our joys they do swim . . for him our choices and voices , shall all hereafter be free , whilst each one rejoyces , our noises shall defend the raging o' th sea ; we 'l attend him , befriend him , let malice vote what it will ; coyn we 'l lend him , defend him , and we 'l rejoyce in him still : then let us no mirth refrain , since that now he is safe again , well having escap'd the main ; from the salt waters set free , then hey boys laugh it , and quaff it , and let us mery be . . though the zealous , grow jealous , and create much needless fear , by which means they 'd drill us and will us . like themselves to appear ; but no wonder , since plunder , is that at which they aim , that the whigs wander under religious guile , which they shame : but at last we have found them , and from the bottom unwound them , so that each man may found them , and laugh at the old cause , which was the ruine and undoing , of king and kingdoms laws . . then let 's rout 'em and flout 'em , who rails at the succession , that would rout him whom we so esteem , beyond all expression ; fill clarret , who 's for it ? and let each bumper go round , who doth bar it , or spare it may he with goats horns be crown'd : here 's a health to the dutchess , grant her long life , health , and riches , and a young prince is all our wishes , whilst all the factious repine then come away wi 't , ne'r stay it , let no man baulk his wine . london's joy and loyalty on his royal highnesses return from scotland . . rouze up ye tories of this factious land , now loyalty hath got the upper-hand : the rabble-rout their errours shall disclaim , and homage pay to york's illustrious name ; the london mayor is faithful to his trust , and the two present sh'riffs wou'd fain be counted just ; and every factious rebel through the town agree to shew the heighth of london's loyalty . . now the loud threatning tempest is dispers'd , and all their shamming plots are quite revers'd ; great jemmy's happy restauration here makes a new day in london ●s hemisphere : the clouds are gone that did oppress his reign , and joyful day breaks forth in this glad land again . then to the mighty duke of york and albany now london , london , shew thy loyalty . . a royal pair with their illustrious train , to london's joy are now return'd again ; great gracious charles does in the front appear , and princely york advances in the rear ; the right successor is return'd again , whom former faction sent an exile o'r the main , then to the mighty duke of york and albany now london , london shew thy loyalty . . heave'n bless the king , preserve the lawful heir , let ●ories sing , and brimighams despair : to see great york invested in his own , spight of all fop pretenders to the throne ; then truth and justice shall our joys restore ; associations shall destroy our peace no more , but to our gracious king , with york and albany all subjects seek ▪ to shew their loyalty . the tory song on his highness return from scotland . to the tune of , the prince of orange 's delight . . room , room for cavaliers , bring us more wine , his highness is landed , about with the glass ; the brimigham-piece is but counterfeit coyn yet fain for good sterling among as wou'd pass . hey bowman more wine , fill up to the brim ; while zealots repine we 'll frolick and sing ; for oats , is confounded , that turn-coated round-head ; then let us be loyal , and true to our king : . a little old conjurer threw so much brass , and pewter and copper amongst the true coyn that hardly a peny of money can pass , but what is clipt , plated , or wash'd very fine but thine boy , and mine , bears the stamp of the king ; then let 's have more wine , while good money we bring ; john thum is confounded , that brazen-fac'd round-head ; then let us be loyal , and true to our king. . with such a bold , impudent and brazen-face they'd pass for true mettle , although but wash'd o'r ; the kings stamp & image they only disgrace as they did their lord and creators before ; but thine boy , and mine , bears the stamp of the king , then let 's have more wine , while good money we bring ; for care is confounded , that scismatick round-head ; then let us be loyal , and true to our king. . yet ( what is most noted ) these brimigham elves , to bear the true stamp are so brazen'd with art , that they wou'd have nothing to pass but themselves , although they 're but copper and gaul at the heart . but thine boy , and mine , bears the stamp of the king , then let 's have more wine , while good sterling we bring ; for dick is confounded , that libelling roundhead , then let us be loyal , and true to our king. . they call themselves loyal , nay more , love the king yet royalists , tory and papist mis call ; and rail at all those who stand up for the thing , with l'strange , heraclitus and thompson , & all gainst these the slaves their libels they fling ; yet they are the knaves , that do libel the king ; but langley's confounded , that pamphletting roundhead ; then let us be loyal , and true to our king. . thus brimighams still the stamp royal rebukes with brazen-fac'd impudence guided so fine who hates the king's picture as well as the dukes , and loves it in nothing , unless in his coyn ; but let him still pass for a counterfeit thing , about with the glass , and merrily sing ; for ben is confounded ; that cuckoldly round-head ; then let us be loyal , and true to our king. to the king and the queen , fill it up to the top. the d. & the dutchess , whom heav'n has restor'd ; and next , hans in kelder , the royal blew-cap ; to all the true issue and each loyal lord : crown every glass , fill 'em up to the brim : about let 'em pass , while we merrily sing ; for baldwin's confounded , that impudent round-head ; then let us be loyal , and true to our king. . to brave albemarle the next we 'l pursue , with worster and clarendon , seymour , and hall — to all to their king , and their country are true , who loyalty love , and confound the caball . if monarchy shine , and bowman but bring good store of brisk wine , we 'l make the dog ring ; for tony's confounded , that spiggoted round-head ; then let us be loyal , and true to our king. the plot cram'd into jones placket to the tune of , jones placket is torn , &c. . have you not lately heard of lords sent to the tower , who ' gainst the popish plotters , seem'd men of chiefest power : but now they 're got into the plot , and all their power 's in vain , for the plot is rent and torn , and can never be mended again , 't is rent and torn , and torn and rent , and rent and torn in twain : for the plot is rent and torn , and will never be mended again . . fitz-harris they suppos'd a sitting instrument , the duke , the queen , and king himself to circumvent : but now he 's hang'd and all his gang will follow the same strain , for the plot is rent and torn , and will never be mended again , &c. . the joyner he did march to oxford , to be try'd , where he did find a jury , who were not whiggify'd : and for his joyning in the plot , a halter he did gain , for the plot is rent and torn ▪ and will never be mended again , &c. . they say that mr. dugdale , so honest and so true , is one of the king●s evidence , against this wicked crew : and now they aim him to defame , but all will be in vain , for the plot is rent and torn , and will never be mended again , &c. . the crafty shaftsburyy , is caught in his own snare , he has hired many rogues , themselves for to forswear : are now undone , with hetherington , and all his hired train , for the plot is rent and torn and will never be mended again , &c. . thus innocence we see begins for to appear , since rogues for want of pardons , the truth are fain to swear : had it been so , some years ago , we 'd hit on the right vein , for the plot is rent and torn , and will never be mended again ▪ &c. . the pious commons vote it was a popish plot , which factious lords promote , 't was death to think it not ; thus piously they all agree a plot for to maintain , but now ' ●is rent and torn , and will never be mended again , &c. . against the lawful heir , full many a bill they pass upon the royal chair to place a gawdy ass ; but they may ride to 'th devil astride with noll new plots to feign , for the plot is rent and torn , and will never he mended again , &c. . when they cou'd rail no more of pious lords and peers , to set them as before together by the ears ; to shrives and mayor they made this prayer , they wou'd the plot maintain , but now 't is rent and torn , and will never be mended again , &c. . brave rich and famous north , ( whom factions did oppose ) for loyalty and worth , the noble mayor has chose , who hand in hand will faithful stand to royal charles's reign , for the plot is rent and torn , and will never be mended again . 't is rent and torn , and torn and rent ; and rent and torn in twain . for the plot is rent and torn , and will never be mended again . the happy return of the old dutch miller . to the tune of the first . . good people of england i hope you have had experience of my art in my trade ; for i am the miller that was here before , that ground women young , of four or five score . then make hast customers , bring in your tribes ; i l'e quickly dispatch them without any bribes . for i am so zealous for whiglanders crew i l'e cure their distempers with one turn or two. . and now ( for your comfort ) i am come again to cure the defection amongst all your men ; whether they be factious , stupid or lame ; let 's see e're a chymist that can do the same . then make hast customers , &c. . if you have e're a city that 's troubl'd with simples ; that 's over-rich grown , and has rebellious pimples i 'le strip it of all these defects in an hour , and make it submit to the king or the tower. then come away customers , &c. . if any pretending whigg sheriffs yet dare , ( in the year of his office ) arrest the lord mayor ; let them come to my mill , if their insolence must be taken a peg lower , i 'l grind them to dust then make hast customers , &c. . if any grave alderman perjures and swears , till he runs the great hazard of loosing his ears . let him bring but his toll , and to cover his shame i 'le hide him i' th hopper , and dip him i' th' dam ▪ then make hast customers , &c. . if any hot zealots , or turbulent cits , with tumults & riots run out of their wits ; for the toll i 'l so tame 'em , that they shall be all like flour of patience , i 'l grind 'em so small . then make hast customers , &c. . if you have e're a fop that 's proud of a string , and fain would aspire to the throne of a king bring him to my mill , i will presently show if he 's qualified for a monarch , or no. then make hast customers , &c. . if you have e're a lord that 's a pimp to 's wife , and to hide his horns would venture his life : send her to my mill. i 'll venture a tryal , to make her as honest as e're he was loyal . then make hast customers , &c. . if you have e're a slabbering lord that 's a fool , and sits in cabals kingdoms to rule , and stands for a states-man , i 'll make him as able as ever a helper in all his own stable then make hast customers , &c. . if you have e're a lord that used to preach i'●h ' top of a crab tree , above all your reach , and still the lords super expos'd in lambs wool : send him to my mill , i 'll reform his skull : then make hast customers , &c. . if you have ●'re a knight that 's a knave and thred-bare , that deals in neck-laces and such kind of ware : and stole the best plot , now hides it in bristol : bring him to my mill , i 'll make him confess 't all . then make hast customers , &c. . if you have , or had , any sheriffs that are whigs , that have cut off some heads , and are cutting off legs . bring them , and their perjur'd juries together , i 'll turn 'em all round in my mill with the weather . then make hast customers , &c. . if you have e're a doctor that has ne'r a mouth , but a hole in the place for a nose , nor. & south put him to my mill , i shal make him speak sense behind and before , like a quaker in trance . then make hast customers , &c. . if he has been perjur'd ten thousand times o're , and for want of imployment begins to grow poor ; i 'll make him as rich ( if he knows his own name ) as when he came mumping from flanders or spain . then make hast customers , &c. . if forty religions he dares to believe , and yet preacheth blasphemy fools to deceive : bring him to my mill , with more of the grist , i 'll make him a devil , a man or a beast . then make hast customers , &c. . if you have any plots , either sham ones or true ones , bring out the contrivers , both black ones & ble● ones . i 'll either refine 'em from all their past ill , or else i will strangle them all in my mill . then make hast customers , bring in your tribes , i 'll quickly dispatch them without any bribes ; for i am so zealous for whiglanders crew , i 'll cure their distempers with one turn or two . a congratulation on the happy discovery of the hellish fanatick plot. tune , now , now the fight 's done . . come now let 's rejoyce , and the city bells ring , and the bonfires kindle , whilst unto the king ▪ we pay on our knees the grand tribute that 's due , of thanks and oblation , which now we renew , for mercies that we have received of late , from prudence and justice diverting our fate . . the curtain is drawn , and the clouds are disperst ; the plot 's come to light , that in darkness did nest , jack calvin's display'd with his colours in grain : and who were the traytors and villains 't is plain : the traps that they laid , and the snares that they set , have caught them at last in their own silly net . the foreman himself , that off-spring of hell , in whose wick'd breast all treason doth dwel , to the tower was sent , with his triple name , whilst the triple-tree groans for his carcass again , and many rogues more their leader will follow unto the same place , whilst we whoop and hallow . . the libelling tribe that so long have reign'd and sow'd sedition , shall now be arraign●d ; their shams and their lies shall do them no good , when they come to the tree , there 's no shamming that wood : janway and curtis in the forlorn hope , then vile , smith and care shall neck the next rope . so , so , let them dye that would monarchs destroy , and spit all their venom our land to annoy : if that their pow●r were to their malice equal , and their courage the same , they 'd soon ruine all ▪ but their courage is low , and their power but small ; their treason is high , and must have a fall. . when trojans of old ( our ancestors ) were in danger of shipwrack , & toss'd here & there great neptune soon quell'd those rebels and storms , with brandished trident , and free'd them from harms ; they ●led from his face , through guilt of their cause , as these from our lion , if he stretch out his paws . . go devils , be gone to the region below , here 's no bus'ness of yours , or ought left to do : no tempter we need , we can act all our selves , without any help from you silly elve● ; for what presbyter act , he thinks a disgrace all hell should out-do him , or dare shew their face . . for produce all the ill that hell ever hatch'd , 't is nothing at all , when it comes to be match'd with what has been plotted by traytors of late , who aim'd at the ruine of church , and of state : by perjury , bribes , by suborning all evil , by murther , and worse than e're came from the devil . . now presbyter come and submit thy stiff neck , thou labour'st in vain our great monarch to check ; whose power divine no mortals controul , but hazard the loss of both body and soul : then banish for ever your commonwealth hope , which tends to destruction , and ends in a rope . epilogue . with wine of all sorts let the conduits run free , and each true heart drink the k's health on his knee : no treason shall lodge in our breasts while we live , to god , and to caesar their due we will give ; we 'l pray with our hearts , and fight with our hands , against all fanat . when great charles commands . the loyal sheriffs of london and midlesex . upon their election . tune , now at last the riddle , &c. . now at last the matter is decided , which so long the nation has divided ; misguided by interest and blind zeal , which so well in forty four they acted ; now with greater heat , they again act o're like men distracted , to give to monarchy a new defeat . . famous north , of noble birth and breeding , and in loyal principles exceeding ; is pleading to stand his countreys friend , to do justice to the king and nation , some so much oppose , to renew the work of reformation , and carry on again the good old cause ▪ . next renowned box as high commended , and of loyal parentage descended ; intended to do the city right , with true courage , and firm resolution , he the hall adorns ; but the heads were all in a confusion : such●d in there was & a ratling with their horns : . prick up ears , and push for one another , let not box ( an old malignant ) brother ; nor ' ●other our properties command , he 's a kings-man , north is nothing better , they walk hand in hand he you know is the lord mayor's creature : and therefore 't is not sit that they should stand ▪ . where are now our liberties and freedom ? where shall we find friends when we shou'd to bleed 'em and pull the tory's down , to push for our int'rest , who can blame us ? sheriffs rule the town , when we loose our darling ignoramvs : we lose the combat , and the day 's their own : . then let every man stand by his brother , poll o're ten times , poll for one another ; what a pother you see the tory's make , now or never , now to save your charter , or your hearts will ake , if it goes for them expect no quarter : if law and justice rule , our heels must shake : . rout , a rout , joyn 'prentice , bore and peasant , let the white-hall party call it treason , 't is treason we should our necks defend , routs and ryots , tumults and sedition , poll 'em o're again , these do best agree with our condition ; if monarchy prevail , we 're all lost men . . the lord mayor is loyal in his station , 'las what will become o' th reformation ; o' th' nation if the sheriffs be loyal too ? wrangle , brangle , huff and keep a clatter ; if we loose the field , poll 'em o're again , it makes no matter : for tho' we loose the day , we scorn to yield . . ten for box , and twenty for papillion , north a thousand , and dubois a million : what villain our interest dare oppose ? with those noble patriots thus they sided , to uphold the cause ; but the good lord mayor the case decided : and once again two loyal worthies chose . . noble north , and famous box promoted , by due course and legal choice allotted ; they voted to be the city sheriffs and may they both to londons commendation , her ancient rights restore , to do that justice to the king and nation , which former factions have deny'd before . loyalty triumphant , on the confirmation of mr. north and mr. rich , sheriffs of london and middlesex . tune , joy to the bridegroom . . fill up the bowl , and set it round , the day is won , the sheriffs crown'd ; the rabble flies , the tumults yield ; and loyalty maintains the field ; saint george for england , then amain , to royal charles this ocean drain ▪ . with justice may it ever flow , and in an endless circle go ; the brim with conqu'ring bays be crown'd , and faction in the dregs lie drown'd : then to the qveen , and royal james , sacrifice your flowing thames . . thanks to sir john , our good lord mayor , ' gainst sheriffs tricks he kept the chair ; the court and city's right maintains , while head strong faction broke the reins : then to the famous sir john moor , may after-age that name adore . . what zeal ( ye whigs ) to the old cause . thus makes you act against the laws ; that none for sheriff must contend , but your old ignoramvs friend ? but now , your hopes are all destroy'd , and your two champions laid aside . . is this your love to church and state , that no good man must serve of late , while you can find one factious rogue , to sway the poll , and get your vogue ? by unjust means your rights you claim , and lawless force maintain the same . but brave sir john , while th'storms increase , his wisdom made the tumults cease ; in spight of all illegal poll , the routs and ryots did controll : whence he shall gain a lasting name , and after-age record his fame . amongst the men of chiefest worth , the vote is given for loyal north , in spight of pilkington and shute , papilion , and the rabble rout : then to brave north a double doze , who the strong factions did oppose . . now box withdraws , dubois contends , and noble rich the stage ascends ; by legal ( ' gainst illegal ) vote , the loyal tribune they promote : then to brave rich a health off hand , who the loud tumults did withstand . . for ropes and gibbets the next year , the whigs we hope ) need not despair ; if rich find timber , ( give them scope ) brave north will never grudge them rope : then , to conclude , we 'll crown the bowl with a health to th● k. and each loyal soul. london's joy and triumph , on the instalment of sir william pritchard l. mayor for the ensuing year . tune , tangier march : . let the whigs revile , the tories smile , that their business is compleated , let all rejoyce with heart and voice , that the whig's at last defeated . the whigs for loyalty so fam'd , with all their hopes are undone ; since now brave pritchard is proclaim'd the loyal mayor of london . . you polish brace whose brazen face , to the chair wou'd be aspiring , see the rabble crowd who poll'd so loud ; are bawk'd beyond admiring ; learn in time to mitigate your bold tumultuous fury , er'e you shall find , you trust too late , to ignoramus jury . . let player tom receive the doom , so long due for his cheating , who did purloyn the city coyn , to keep up holy meeting ; to rob the orphan , and the poor . his great discharge of trust is , and run upon the widdows score , to do the city justice . . let ward repent , and jenks relent , their practice so malitious , let hobland rue with all the crew , that they were so officious ; such jews as these , who did deny their saviour for a tester , no doubt again wou'd crucify their sovereign lord and master . . for north and rich , and every such , they set up a papillion ; ' gainst pritchard hold , with cornish , gold , with ryot and rebellion : to love the king can you pretend , who royalists deny all ; and with such vigour dare contend , against the man that 's loyal . . for shame in time repent your crime your ryot and commotion ; and to the mayor , who kept the chair , pay all your just devotion ; such was their loyalty of late , to give the king no money : but freely throw away their plate , to joyn with rebel tony. . thus you before did run on score with royal charles your master ; like drunk or mad spent all you had to uphold a bold imposture : let not knaves again betray , and rob you of your reason , then leave your factious heads to pay the forfeit of your treason . . with all your heat what did you get ? with all your din and quarter ; but to involve with each resolve the more entangled charter ? to charles your just allegiance give , your properties , then plead em , defending the prerogative , you best protect your freedom . ryot upon ryot ; or a song upon the arresting the loyal lord mayor and sheriffs . tune , burton hall. . rowze up great monarch in the royal cause ; the great defender of our faith and laws : now , now , or never , crush the serpent's head , or else the poyson ▪ through the land will spread . the noble mayor , and his two loyal sherieves , bearing the sword 's , assaulted by usurping thieves , who their rebellious ryots would maintain by law : oh! london ! london ! where 's thy justice now ? . smite , smite , the snakes did first their sting reveal , stabbing thy royal brother in the heel ; and struck so many loyal martyr's dead , now in the sun flies boldly at the head. slaves that resist all power but their own ; he that would usurp the chair , would next usurp the throne , who neither royal heir nor loyal mayors allow : oh! london ! london ! where 's thy charter now ? . london , of faction's the eternal spring , yet so much favour'd by a gracious king ; who does such deeds that have no parallel , only to teach thy children to rebel . this will record thee in the books of fame ; this bold attempt no law , nor precedent can claim : blood and the crown , papillion and dubois out-do : oh! london ! london ! where 's thy charter now ? . was this the way your ryots to repair ; in spight o●th charter , to arrest the mayor ? and gainst the sh'riffs your sham actions bring , ' cause justly chosen , and approv'd by th' king ? what call you this , but treason ? whilst the fool that did arrest the mayor expects himself to rule ; and , save his own , no other power would allow : oh! london ! london ! where 's thy charter now ? . hang up the factious heads that dare oppose the sword of justice , and the ancient laws : who in his office dare arrest the mayor , disowns the pow'r that plac'd him in the chair . tantara ra-ra ! let the trumpets sound , double all your guards ▪ and let the cent'nels stand their ground : he that arrests the mayor , would bind the monarch too : oh! london ! london ! where 's thy charter now ? london's lamentation for the loss of their charter . tune , packington's pound . . you free-men , and masters , and prentices mourn , for now you are left with your charter forlorn : since london was london , i dare boldly say , for your ryots you never so dearly did pay ; in westminster-hall your dagon did fall , that caus'd you to ryot and mutiny all : oh london ! oh london ! thou 'dst better had none , than thus with thy charter to vie with the throne . . oh london ! oh london ! how cou'dst thou pretend against thy defender thy crimes to defend ? thy freedoms and rights from kind princes did spring , and yet in contempt thou withstandest thy king : with bold brazen face they pleaded thy case , in hopes to the charter the king wou'd give place : oh london ! thou 'dst better no charter at all , than thus for rebellion thy charter shou'd fall . . since britains to london came over to dwell , you had an old charter , to buy and to sell ; and whilst in allegiance each honest man lives , then you had a charter for lord mayor and sheriffs : but when , with your pride , you began to backslide , and london of factions did run w'th ' tide ▪ then london , oh london ! 't is time to withdraw , lest the floud of your factions the land over-flow . . when faction and fury of rebels prevail'd ; when coblers were kings , & monarchs were jayl'd ; when masters in tumults their prentices led , and the tail did begin to make war with the head ; when thomas and kate did bring in their plate , t' uphold the old cause of the rump of the state then tell me , oh london ! i prethee now tell , hadst thou e'r a charter to fight and rebel ? . when zealous sham sheriffs the city oppose , in spight of the charter , the king , and the ●aws , and make such a ryot and rout in the town , that never before such a racket was known ; when ryoters dare arrest the lord may'r , and force the king's substitute out of the chair oh london ! whose charter is now on the lees , did your charter e'r warrant such actions as these ? . alas for the brethren ! what now must they do , for choosing whig-sheriffs and burgesses too ? the charter with patience is gone to the pot , and the doctor is lost in the depth of the plot : st. stephen his flayl no more will prevail , nor sir robert's dagger , the charter to bail : oh london ! thou 'dst better have lain in the fire , then thus thy old charter shou'd stick in the mire . . but since with your folly , your faction and pride , you sink with the charter , who strove with the tide , let all the lost rivers return to the main from whence they descended ; they 'l spring out again ; submit to the king in every thing , then of a new charter new sonnets we 'll sing : as london , ( the phoenix of england , ) ne'r dies , so out of the flames a new charter will rise . the wine-coop●rs delight , tune of the delights of the bottle . the delights of the bottle are turn'd out of dores , by factious fanatical sons of damn'd whores . french wines prohibition , meant no other thing but to poyson the subject ▪ & begger the king. good nature 's suggested with dregs like to choak her , of fulsom stum'd wine by the cursed wine - cooper our plaguy wine - cooper has tamper'd so much , to find out the subtilty of the false dutch. he tinctures prickt white - wine , that never was good , till it mantles , and sparkles & looks like bulls bloud : but when it declines , and its spirits expire , he adds more ingredients , and makes it look higher his old rotten pipes where he keeps all his trash for fear they should burst ▪ sir , he hoops them with ash . when the sophistication begins for to froth , and boils on the fret , sir , he wisely pulls forth a tap , which gives vent to the grounds of the cause , and then is to vamp up a second red nose . then this dingy wine-cooper stops it up again , and keeps it unvented till 't is all on a flame . the intelligences then were invented to show , where wine of strange vertues in plenty did flow . people from all parts of the nation did come , both lords , knights and gentlemen , doctor & bum. the cooper then pulls the tap out of his side , and drinks to the elders of all the good tribe . but when they had gus●'d about all the bowls , they found a strange freedom it gave to their souls of secrets in nature that never were known , it gave inspiration from beggar to throne . for the cooper himself full brimmers did draw , and all the whole gang were oblig'd to do so . amongst these gabals there was no such thing , as a health once propos'd to the d. or the king. but drank to that idol of hopes in their powers . and sons of most infamous hackney old whores . then the rable had notice from smith and from ben what a heavenly liquor was sent amongst men . both tinkers and coblers the broom men and sweep , before this wine-cooper in flocks they did meet ; and each under-foot stampt his old greazy bonnet to drink m — th's health , boys , whate'r come on it . the cooper preceiving his trade to approach , he then was resolved once more to debauch . to encourage the rable , and shew himself stout , he pull'd out the spigot amongst the whole rout which kindness provok'd them to swear they would bring such a trade to his house as wou'd make him a king. a hat or a bottle was still at the tap ; but zealots sometimes laid their mouths to the fat. they charg'd their brisk bumpers so many times round , till part of the mobile sprawl'd on the ground : but when this damn'd liquor was get in their pates , they fell to bumbasting , disord'ring of states . they began to cant dangers by formal sedition and swear lawful allegiance ' against lawful succession . when these propositions began to take fire , they screw'd their presumptions a hole or two higher ; but still they keep under hugh peters's cloak , to bring in the devil , to drive out the pope . but then they began for to pick at the crown each thinking that he deserv'd one of his own . then all the kings guards they thought fit to indict , swear treason ' gainst all that maintain●d the king's right . both papists and protestants no matter whether , they are not of our party , let 's hang 'em together , next the chief of our game is to keep the king poor , and our senators must the militia secure . the navy & cinque-ports we 'll have in our hands , and then we 'll make th' kingdom obey our commands . then if charles do withstand us , we need not to fight , to make eighty one to out-do forty eight . what ever objections great loyalists bring , old adam liv'd happy without e'r a king. then why may not we , that are much wiser than he , subdue the whole world , sir , by our sov'raignty : if one man alone can keep three nations under , then why may not we that are kings without number ? right , said the cooper , & shak'd his old noddle , three kingdoms we 'll toss , like a child in a cradle stick close to this liquor which i do prepare , 't will make us as splendid as noll in his chair , we 'll kindle old plots , by contriving of new , till none shall be safe but the cooper and you. o brave boys ! o brave boys ! the rabble did rore . tantivies and tories shall hector no more ; by vs they 're out-acted , to vs they shall bend , whilst we to our dignities freely ascend , then they were dead-drunk as the devil cou'd make ' em . and fell fast asleep , as ten drums could not wake ' em . in the piss and the spew the poor cooper did paddle , to stop up his tap , but the knave was not able . for his limbs like a tortoise did shrivle & crease , down drops the wine-cooper with the other beasts and there the whole litter as yet doth abide , at the sign of the butt , with the tap in his side . a song upon the king poland , and the prince o' the land of promise . tune , hold fast thy crown and scepter , charles . prince . o poland monster of our isle , corruption of our age ; which on my infant hours didst smile , 'till thou inflam'dst the rage of my ambitious soul , to sore above its defil'd sphear ; and , icarus-like , i now must low'r , transform'd into despair . . now all my trophies of success , are in oblivion drown'd ; and none for me dare now address , where i hop●d to be crown'd ▪ i by thy false blind plots am sham'd , fool'd from a glorious sway , snatch'd from a father's arms , and damn'd , like all that disobey . thou call'dst my nearest friends at court , soft , easie , abusurd tools , that kings were but for sates-men's sport , the councel knaves and fools . but i , poor i , find now too late , your polish grace can lye ; none prov●d more weak at the foyls of state , than poor silly tom , and i. . now , that imperial crown ▪ which thou for me so fit hadst made , is faln and broke , i know not how , and all our wiles betray●d ; our full cabals , and wapping-treats , retrench'd to secret holes : treason the strength our greatness waits in these rough reared walls . poland . thou mighty prince , by me elect , i' th' land of promise sways ▪ thy tim'rous soul is the defect of our declining days . what brighter prospect canst propose , to magnifie thy name , than h●arts , and arms , and power of those , that rule both law and fame . . the rustick swains want not the word , no magazines , nor horse ; ' zwounds sixty thousand by the sword , defy both fate and curse . they 'l lay three kingdoms at our feet , in blood and mangled brains ▪ then the train-bands , cinque-ports , and fleet , at our command remains . . though rowley , and his brother joyns , and ●heel's around the park ; like two yoak't oxen , tugs and twines , ' gainst our designs i' th' dark , and wisely weighs ; their wits have wrought our potent parties fall ; that conquest must be dearer bought , else tony hangs for all . . we have reserv'd machines in store , to raise more daring flames , then morrals ' ere conspir'd before ; or damned furies frames . if e'r a parliament be call'd , our representatives there shall scorn to be out-box'd , or bawl'd , in country , town , or shire . . then every member of the cause , amidst the rable rude , who shall decide the poll with blows , and quash the tory crowd . then stick to time , whilst heads are hot , our force together brings : if this best plot , at last fail not , by christ , we'●l both be kings ! the hunting of the fox . tune , now the tories that glories , &c. hay jouler , ringwood , and towzer , ho smoaker , drunkard , and fly ; sweet-lips , light-foot , and bowzer ; brave bowman , lofty , and cry ; and four and twenty brave couple , to make a pack for the downs , sure footed , and your limbs supple ; the scent 's hot yet on the grounds . the old white fox is got loose again ; we think he 's gone to ketch goose again : his cub● they sculk and desert amain . come let●s beleaguer their holes : for they 're past evil ; to th' devil we 'll send 'em with thread-bare souls . . they have left the city , 't is pity , and their damn'd party i' th lurch : if to be hang'd , 't would be pretty , for treason ' gainst king and church . for cinque-ports , venus and juno ; for champion , thunder and spark ; let swift beat for caralino , and noser wind 'em i' th' dark . like wasps and flies , they would bite us ; as wolves do sheep , they would treat us ; like crockadiles , they would eat us ; they thirst for innocent blood : then never scruple , but graple for king and country's good. . round the dimension o th' nation , beat all the banks on the shore ; and some leap o're the main ocean , if they are gone before . o surround 'em , confound 'em , from sea-port to city-walls ; if there they venter to shelter , 'zounds tear them out of their holes : for making church into stables , and vamping kings up of baubles , and forgoing plots out of fables , and seizing kings in a trice ; that the crooked piper might vapour like rat amongst fifteen mice . . scoure the globe to the axels , from pole to pole ; then retire , and center at mother creswels , the fox us'd to harbour there : there , there both wives , whores and virgins , he had them all at his call , t' oblige his captains and surgeons , 'till better occasions fall . at oxford late all his cubs and he , to the exclusion did all agree ; could not budge further , 'till sign'd and free . yet rowley rouzed the rump , and sent 'em all to peg trantams ; and tapsky's worn to the stump . . oh , swift's returned , and noser , their hoofs are batter'd with greet : the game shews by the opposer , he 's lodg'd in aldersgate-street . come ring a peal with a courage , the grains o' th' tap makes a train ; he lurks in hole to make forrage of all that uses his name . we 'll fetch him out with mandamus , and hang him with ignoramus ; there 's none but rebels can blame us : more pardons let him not hope ; for all his squinting and blinking , he must to th'hatchet or rope . dagon's fall. tune , philander , &c. . ah cruel bloody fate ! what canst thou now do more ? alas ! 't is now too late poor toney to restore : why should the flattering fates persuade , that toney still should live , in england here , or in holland there , yet all our hopes deceive ? . a noble peer he was , and of notorious fame ; but now he 's gone ( alas ! ) a pilgrim o're the main : the prop and pillar of our hope the patron of our cause , the scorn and hate of church and state , the urchin of the laws . . of matchless policy was this renowned peer , the bane of monarchy , the peoples hope and fear , the joy of all true protestants , the tories scorn and dread ; but now he 's gone who curst the throne , alas ! poor toney's dead . . for commonwealth he stood , pretending liberty ; and for the publick good would pull down monarchy : the church and state he would divorce , the holy cause to wed : and in time did hope to confound the pope , to be himself the head. . a tap in 's side he bore , to broach all sorts of ill , for which seditious store the crowd ador'd him still : he spit his venom through the town , with which the saints possest , would preach and prate ' gainst church and state , while he perform'd the rest . . when any change of state or mischief was at hand , he had a working pate , and devil at command : he forg●d a plot , for which the heads of faction gave their votes ; but now the plot is gone to pot , what will become of oates ? . under the fair pretence of right , religion , law , excluding the true prince , the church would overthrow : with such religious shams he brought the rabble on his side ; and , for his sport , the town and court in parties would divide . . now what 's become of all his squinting policy , which wrought your dagon●s fall , from justice forc●d to flie ? old and decrepid , full of pains ▪ as he of guilt was full : he fell to fate , and now ( too late ) he leaves us to condole . . now , learn ye whigs in time , by his deserved fall , to expiate his crime , e're fate revenge you all ; for rights , religion , liberty , are but the sham-pretence to anarchy ; but loyalty obeys the lawful prince : hue-and-song after patience ward . tune , hail to the myrtle shades . . hail to london fair town , all hail to the mayor and the shrieves ; hail to the scarlet gown , whose sentence our patience grieves : justice and law hath prevail'd , with patience a verdict to find , ' gainst patience , whose conscience fail'd ; oh patience ! why art so blind ? . patience , the joy of the town , the comfort and hope of the crowd ; patience , who got renown , by perjury , lies and fraud : patience who ne'r had the heart his sovereign's rights to maintain ; but patience he had the art to swear and forswear again . . patience for church and for state , and patience for meetings by stealth ; patience , who wou'd translate the state to a commonwealth : whose zeal has his patience betray'd , to lie for the saints in distress ; nay , tho' he●s forsworn , ( 't is said , ) he swore he could do no less . . patience , whose zeal did contrive the monument figures and spire , that while there 's a papist alive we may not forget the fire : the pillory now is his lot , he has rais●d such a flame with his crew , that london is now too hot ; oh patience ! where art thou now ? . patience for zeal to the cause , did preach to the captives in goal ▪ patience , with great applause , gave large to an hospital : to vse now his money may lend , for pomfret he 'l never more stand , nor warrants for thompson send , t'please titus o' th' perjur'd band. . patience with coller of brass , to woful disasters did fall ; patience with copper face , and a conscience worse than all ; to holland , to holland he goes ; for plainly now it appears , that ( in spight of all whiggish laws , ) ignoramus can't save his ears . . some say that the saints may not swear , but lie ev'n as much as they can ; yet patience in spight on 's ears , will swear and forswear again : that patience should be so far lost , alas ! who with patience can hear ? that a saint should be knight o' th' post , and an elder without an ear. . let ev'ry good subject with me , who patience a virtue doth praise , lest he fall into perjury , with patience pray for grace . but now i with patience have done , lest with patience i keep such a rout , that astray more with patience run , and weary your patience out . a new song on the arrival of prince george , and his intermarriage with the lady anne . tune , old jemmy . . prince george at last is come , fill every man his bumper ; for the valiant dane make room , confusion to each rumper , and every prodigal starch'd fool aspires unto a crown , by hopes of plotting knaves to rule , who next wou'd pull him down . . preserve great charles our king , and his illustrious brother whilst whigs in halters swing , and hang up one another : the joyful bridegroom and the bride , prince george of royal race , of all the swains the joy and pride , the subject of their ●ays . . brave george he is a lad with all perfections shining ; with every virtue clad , and every grace refining : but oh ! of such a war-like race , so conqu'ring are his charms , no mars in field , but must give place to his victorious arms. . brave george , great denmark's son , ( a stout and war-like nation ) by birth to england's crown a near and dear relation ; but now the knot is doubly ty'd , which makes him still more near , the knot which knaves would have destroy'd , by cutting off the heir . . but now the tribe's dispers'd , their projects are defeated , which walcot and the rest did hope to have compleated : and now they 'l pay for all their scores , who for that int'rest stood , and let 'em hang for sons of whores , who thirst for royal blood. poor perkin ! where 's the hope of all thy high promoting ? now , bully tom , a rope must crown thy cheats and plotting : let ferguson with gray escape , they safe are ev'ry-where , if murder , treason , lust and rape can pass unpunish'd here . . let m — for a crown , that hopeful prince so loyal , away with rebels run , to raise an army-royal : brave george for england scorns to fly , old jemmy stout as he , their plots and malice we defie , and all their treachery . . may heav'n , which him did raise o' th' protestant profession , in his immortal race maintain the just succession , that no pretending bastard bold in time to come may dare his lawless title to uphold , against the lawful heir . a new song made by a person of quality , and sung before his majesty at winchester tune , cook lawrel . . a tory came late through westminster-hall , and as he past by heard a citizen bawl ; the judges are perjur'd , and we are undone , our liberty's lost , and our charter is gone . . this comes of our prating since colledge is dead ; this comes of our plotting without ●ony's head : for he had more wit in his treason by half , as he hook●d himself on , he crook'd himself off . . he scarce had said this when a baron approac'd that ruin'd two sisters , the younger debauch'd : the reasons he cry'd , i 'm loath to describe , he would have a maiden-head out of the tribe . . the next came a peer , & a knight of great fame , one famous for stabbing , the other was lame ; o heavens ! in what a strange age do we dwell , when bully's reform , and cripples rebel . . with them the sweet speaker , wi. w — s i saw , his head full of projects , but empty of law ; for he 't is observ'd has been dull as a dog since pe — n batoon'd him for calling him r● . peart wa — op and win — on , mutinies breed , yet still in the cause , for no purpose are fee'd ▪ for cradeck will offer himself for a drudge ; if either of them will be fit for a judge . . old ma — rd , all ages in faction was chief ; now mumbles by rote , ne'r looks in his brief : but rotten rebellion will never last long , he spit out his teeth , & will cough out his tongue . . now by the re — er new cards must be plaid , that body of law with a sarazens-head , that ( span●el-like ) fawns on the king to his face and yet makes the whigs just amends for his place . . for magistrate patience , i plainly confess , i 've little to say , because he 's in distress ; but he that sat once in th' cities great chair , would a pillory grace ; so i wish he were there . . dubois and papillion , the cities sham shrieves , whose truth and whose loyalty no man believes ; that arrested the mayor and no danger forsaw , to keep from self-hanging i leave to the law. . for law they complain'd , of the lawyers they boast , they 'r pleas●d , till by law they their ch ▪ had lost : law , law , was the cry of the mutinous crew , the devil 's in 't if they ha'nt law enough now . . scribe cl — n's wife deckt with the spoils of the poor , embroider●d in scarlet like babylon's whore ; but let me advise him to strip off her red , and make her a peticoat of her green-bed . . old pl — yer grown rampant , late pickt up a whore and swore he 'd recant , & be whiggish no more ; by tories made drunk in the company 's view . the saint kist her c — t , and drank healths in her shoe. now listen ye whigs , and hear what i speak , a monarch ( like heaven can give and can take ; but you for rebellion no reason can bring , so hang your selves all ; and god save the king. the new-market song tune , old symon the king. . the golden age is come , the winter-storms are gone , the flowers spread , and bloom , and smile to see the sun ; who daily gilds each grove , and calms the air and seas , dame nature seems in love , and all the world 's at ease : you rogue so saddle ball , i●ll to new market scour ▪ you never mind when i call , i shou●d have been there this hour ; for there is all sporting and game , without any ●lotting of state ; from whigs , and another such sham , deliver us , deliver us , o fate ! let 's be to each other a ●rey , to be chea●ed be ev'ry ones lot ; or chous'd any sort of a way , but by another damn'd plot. let cullies that lose at the race go venture at hazard , and win ; and he that is bubbl'd at dice , recover 't at cocking again : let jades that are founder'd be bought , let jockeys play crimp to make sport ; for 'faith it was strange , methought , to see vintner beat the court. . each corner of the town rings with perpetual noise , the oyster bawling clown joyns with hot pudding-pies ; and both in consort keep , to vend their stinking ware , the drowzy god of sleep hath no dominion there . hey boys ! the jockeys roar . if the mare and the gelding run , i 'll hold you five guineys to four he beats her , and gives half a stone . god d — me , quoth bully , 't is done , or else i 'm a son of a whore ; and fain wou'd i meet with the man would offer it , would offer it once more . see , see the damn'd fa●e of the town ! a fop that was starving of late , and scarcely cou'd borrow a crown , puts in to run for the plate , another makes chousing a trade , and dreams of his projects to come , and many a crimp match has made , by bribing another man's groom . the towns-men are whiggish , god rot 'em , their hearts are but loyal by fits ; for , shou'd you search to the bottom , they 're as nasty as their streets . . but now all hearts beware ; see , see on yonder downs ? beauty now tryumphs there , and at this distance wounds : in the amazonian wars thus all the virgins shone , and , like the glittering stars , paid homage to the moon . love proves a tyrant now , and there doth proudly dwell ; for each stubborn heart must bow , he has found a new way to kill : for ne'r was invented before such charms of additional grace nor has divine beauty such pow'r in ev'ry , in ev'ry fair face . ods bud , cries my country-man john , was ever the like before seen ? by hats and by feathers they ve on , i se took 'em e●n all for men : embroider'd and fine as the sun , their horses and trappings of gold ; such a sight i shall ne'r see again , if i live to a hundred years old . this , this is the countreys discourse all wondring at this rare sight : then roger go saddle my hor●e , for i will be there to night . a new song on the fan. plot , tune hey boys up go we now , now the plot is all come out , that caus'd our doubts and fears , and all the tribe that made the rout , both commoners and peers ; the mighty patrns of the cause , gainst pagan popery , who rais'd a gibbet for our foes , and hey boys up go we . . with sanctify'd religious zeal the brethren did agree to raise our ancient commonweal on christian liberty : to undermine the church and state , and blow up monarchy ; but now , alas ! 't is our own fate , and hey boys up go we. . a holy covenant we took , to sacrifice the king , and next to him the royal duke , a bloody offering ; for which , according to the vote , the papists all shou'd die ; but now the saints have chang'd their note , and hey boys up go we . our zealous covenanting saints , associating peers , each heart for fear with patience pants , to lose more than his fars ; toney's dead , and m — s fled , the helm is turn'd a lee the plot ( the nail ) is knock'd o' th' head , and hey then up go we . no longer may the papists boast their bloody black designs ; old rome thy ancient glory 's lost , for all thy learn'd divines : for royal murders , treasons base , and marchless trachery , the jesuits must now give place , and hey boys up go we . . how well did we contrive the plot , and laid it at their door , for which old stafford went to pot , and many guiltless more ; but now the tide is come about , the truth of all we see ; and when the murder all is out , then hey boys up go we. . rumsey's gold , and rumbold bold , conspire to kill the king , and pickering in fatal hold , must answer for the thing ; ●elthor● , west , and all the rest , with perkin may agree , to be o' th' tower not throne possest ; then hey boys up go we . . our city ryots and country routs , that to rebellion tend , our races , and our hunting-bouts , in insurrections end ; the rebel now is catch'd i' th' snare ●e laid for monarchy ; at last the gallows claims its share , then hey goys up go we . the conspiracy ; or , the discovery of the fanatick plot. tune , let oliver now be forgotten , &c. . let pickering now be forgotten , old rumbold has wip'd off his scores ; since presbyter jack went a plotting , the jesuits turn'd out of dores : for brewing , swilling of treason , king-killing without reason , of all the pack , noble or peasant , none can exceed old presbyter jack . . first , the hot sectaries voted , 't was treason to murther the king ▪ and next the bold regicides plotted to compass the very same thing : their votes and arbitrary power , that sent the lords to the tower , we now see plain , every hour , they 'd the old game play over again . . rumsey and rumbold indented at hodsdon their ambush to bring ; but heav'n and the fire prevented , and providence guarded the king : the whigs the treason propounded ; but when the trumpet sounded for cambridgeshire , all were confounded , taken or fled both peasant and peer . m●nmo●th for wit , who was able to make to a crown a pretence , the head and the hope of the rabble , a ●oyal and politick prince : but now he 's gone into holland , to be a king of no-land , or else must be monarch of poland , was ever son so loyal as he ? . lord gray , and armstrong the bully , that prudent and politick knight , who made of his grace such a cully , together have taken their flight : is this your races , horse-matches , his grace's swift dispatches from shire to shire ? under the hatches , now above-deck you dare not appear . . brave russel and sidney the bully , that stood for the holy old cause ; and trenchard drawn in for a cully , in spight of allegiance and laws ; and wildman too , with his cannon , with walcot , smith and aaron , with mead and bourn , every man , on to tyburn goes the next in his turn . . next valiant and noble lord h — d that formerly dealt in lambs-wool , and knows what it is to be tower●d , by impeaching may fill the jayl● full : and next to him cully brandon the wit ; and famous hambden must take his place , who did abandon all loyalty , religion and grace . . hone ▪ and rowse , the king and his brother that they were to kill 'em confest , and now they hang up one another , holms , blaney , lee , walcot and west : may all such traytors discarded , to tyburn be well guarded , and ev'ry thing be so rewarded , that would oppose so gracious a king. rvssel's farewel tune , oh , the merry christ-church bells , &c. oh , the mighty innocence of russel , bedford's son ! that dy'd for the plot , whether guilty , or not , by his last ( equivocating ) speech ! by the words of a dying man , i here protest i know no plot ' gainst the life of the king , or government , either by action , or intent . fy , fy , fy , fy , fy , fy , my lord , what are you about to do ? to sink to hell by th' sound of your knell , both soul and body too . oh , the shallow memory of this blood-thirsty lord ! t'deny and confess , and all to express his guilty insolence the more : i at mr. shepherd's house did hear some little slight discourse , how easie 't was the guards to seize ; yet i am guiltless , if you please ; no , no , no , no , no , no , my lord , your guilt 's too plainly seen , and m — th too , with shaftsbury's crew , to destroy both king and queen next your lordship does protest , no man had ever yet that impudence against his prince , to your face to propose any foul design : then you confess immediately , at the house of politick shaftsbury you heard such words were sharp as swords , the worst can be thought or english affords ; which rais'd your righteous spirit to exclaim against their sense ; yet this you conceal'd , and never reveal'd , till in your blind defence . . po●ery ( your lordship says ) is bloody and unjust ; what then ) you design'd with those you combin'd , was farce , to jest our lives away ; for when the duke of monmouth came t' acquaint your honour of his fear of being undone by the heat of some , too violent for the bloody cause , away you go to shepherd ●s strait , where pernicious words were said , in passion all , with judgment small , but consequence of dread . . from the time of choosing sheriffs , i did conclude the heat would this produce ; that 's no excuse , but just confession of the fact. presently your lordship says , for farther confirmation still , you are not surpriz●d to find it fall on your honour you deserv'd it all : immediately you would proclaim aloud your innocence why your lordship 's mad , in a cause so bad , to put that sham-pretence . . o ye true blew protestants , whose times are yet to come , you see your fate ; early or late follow you must , 't is all your doom . m●th , armstrong , ferguson , gray , goodenough the under-shrieve , with all your ignoramus crew , that justice hate , and treason brew ; scaffold , tyburn , halter , ax , those instruments of death , as 't is your due , may 't you pursue , till you resign your breath . eustace comines the irish evidence , his farewel to england . tune , o hone , o hone . bee me shoul and shouluation , o hone , o hone . i 'le go to mee own nawtion : o hone , o hone . old tony hence is fled , and russel lost his head ; i starve for want of bread , o hone , o hone . . this sawcy english plot , o hone , o hone . did make ours go to pot : o hone , o hone . what shall i do to go ? let me shee , o ho ! o ho ! pox take me if i know : o hone , o hone . . my sauce does red wid shame , o hone , o hone . that ever here i came : o hone , o hone ten , twenty curse upon sham justice heddrington , who made me first leave home , o hone , o hone . . a gra eustace , he did say o hone , o hone . you moyle for a groat a day : o hone , o hone . a plot office now is ope , i will advance your hope , if you 'l swear against the pope , o hone , o hone . . be creest i will , said i , o hone , o hone . tell you ten hundred lye , o hone , o hone . i 'le swear dem in and out , wee 'l have a merry bout , and make a rabble rout , o hone , o hone . . we came to westminster , o hone , o hone . den he call'd me maishter , o hone , o hone . i swore by fait and trote , and by my beeble oate , ( what wee 'd agreed on bote , ) o hone , o hone . . then i was put in pay , o hone , o hone . had five , six groat a day , o hone , o hone . which did fine cloads afford , instead of spawde , a sword ; i knew not mee shelf good lord , o hone , o hone . . but soon my maishter rogue , o hone , o hone . was in spite of his brogue : o hone , o hone . for the sawce of his tongue , to prisons dragg'd along , magnatum scandalum , o hone , o hone . . then was prepar'd a drench , o hone , o hone . oats himshelf to retrench ; o hone , o hone . the meaner swearers then to tremble did begin : as i have a shoul widin : o hone , o hone . . by this book i did faint , o hone , o hone . till patrick mee fwhite saint : o hone , o hone . bid me leave off my cryes , and swear no more plot-lies . then streight away he hies : o hone , o hone . . deel take this swearing trade , o hone , o hone . i 'le go home to mee spade : o hone , o hone . i 'le fence the patatoes round and keep mee maishters ground ; i am too long hell-hound . o hone , o hone . . my book-bussing tribe adieu ; o hone , o hone . it is now bad wid you : o hone , o hone . and if i ' scape the hang , i 've out-done all my gang ; and leave you here t'swing swang . o hone , o hone . monarchy tryumphant ; or , the fatal fall of rebels . tune , the king enjoys his own again . whigs are now such precious things , we see there 's not one to be found ; all roar , god bless and save the king , and the health goes briskly all day round : to the souldier cap in hand the sneaking rascals stand , and wou'd put in for honest men ; but the king he well knows his friends from his foes , and now he enjoys his own again . . from this plots first taking air , like lightning all the whigs have run ; nay , they 've left their topping square , to march off with our eldest son ▪ they 've left their states and wives , to save their precious lives , but who can blame their flying ? when 't was plain to 'em all , the great and the small , that the king wou'd have his own again . . since the king was thereabouts , they all well knew their heads were his ; so by help of such like scouts the great ones have yet escap'd his phys . his stern and kingly look there 's few of them can brook , since fairly try'd , they know that then the hemp or sharp steel they must all expect to feel , since the king enjoys his own again . . this may chance a warning be , ( if e're the saints will warning take ) to leave off hatching villainy , since they 've seen their brethren at the stake , and more must mounted be , ( which god grant we may see ) since juries now are honest men ; and the king lets 'em swing with a hey ding , ding , ding , ding , great charles enjoys his own again . . once they voted , that his guards a nuisance was , which now they find ; since they stand betwixt the king and the treason that such dogs design'd : 't is they will you maul , though it cost 'em a fall , in spight of your most mighty men ; for now they are allarm'd , and all loyallists well arm'd ▪ since the king enjoys his own again . . to the king some bumpers round , let 's drink ▪ my lads , whilst life doth last ; he that at the core's not found , shall be kick'd out without a tast : since we 're case-harden'd honest men , which makes their crew mad , but us loyal hearts full glad , that the king enjoys his own again . the plot and plotters confounded ; or , the down-fall of whiggism . tune , ah jenny ! 't is your eyn do kill . . the plot ( god wot ) is now broke out , confound those brought it in ; let them be damn'd , ( besides being sham'd , ) of their king-killing sin ; down , down with their general council and collonel , joyner and cobler of state , their members of parliament of the new rump , let all repent too late . . oh now you whigs led up this jig , what is 't you 'l lead up next ? why saith i hear to tyburn you gang , for being beside your text ▪ to tyburn the high-born , as well as the cobler , concern'd in plot so dire , must hickle-te pickle-te swing on a row ; pray god i am no lyer . . did ever fools set up such tools that durst not stand the sho●k of being made , or being marr'd ? a pox on such bully-rocks ! fy , fy , fy , fy , fy , fy for shame , such heroes run the pit , it shews , god knows , their fear of blow● , and eke their want of wit. . the king god bless , the queen no less , the duke and dutchess too ; the lady anne , with her good man , and all the royal crew : let those that love the king be bless'd , and those that hate him curs'd ; let tories swim in claret , and the whigs be choakt with thirst . whig upon whig ; or a pleasant dismal song on the old plotters newly found out . tune , o hone , &c. . beloved hearken all , o hone , o hone . to my sad rhimes that , shall o hone , o hone . be found in dity sad , which makes me almost mad , but tories hearts full glad , o hone , o hone . . essex has cut his throat , o hone , o hone . russel is guilty found , o hone , o hone . walcot being of the crew , and hone the joyner too , must give the devil his due , o hone , o hone . . rumsey swears heartily , o hone , o hone . west swears he does not lie , o hone , o hone . l. h — d vows by 's troth , that they are good men both , and take the self same oath , o hone , o hone . . i heard some people say , o hone , o hone . m — th is fled away , o hone , o hone . and some do not stick to say , if he falls in their way , he will have damn'd fair play , o hone , o hone . . armstrong and gray got wot , o hone , o hone . and ferguson the scot , o hone , o hone . are all run god knows where , ' cause stay they dare not here , to fix the grand affair , o hone , o hone . . juries ( alass ) are thus , o hone , o hone . there 's no ignoramus , o hone , o hone . but you 'l have justice done , to evr'y mothers son , and be hang'd one by one . o hone , o hone . . now how like fools we look , o hone , o hone . had we not better took o hone , o hone . unto our trades and wives , and have kept in our hives , which might have sav'd our lives , o hone , o hone . . the king he says , that all o hone , o hone . that are found guilty , shall o hone , o hone . die by the ax or rope , as they dy'd for the pope ; brethren there is no hope . o hone , o hone . . the sisters left behind , o hone , o hone . must with vile tories grind , o hone , o hone . and still be at their call , to play at up-tails-all ; nay , to be poxt and all . o hone , o hone . . the tories now will drink , o hone , o hone . the kings health with our chink , o hone , o hone . queen , duke and dutchess too , and all the loyal crew . jerney morblew , morblew . o hone , o hone . the whigs droun'd in an honest tory health . to a pleusant tune . . wealth breeds care ; love , hope and fear ; what does love or bus'ness here , while bacchus's navy doth appear ? fight on , and fear not sinking : fill it briskly to the brim , till the flying top-sails swim , we owe the first discovery to him of this great world of drinking . grave cabals , who states refine , mingle their debates with wine ; caeres and the god o' th' vine make every great commander : let sober sots small beer subdue , the wise and valiant wine do woe ; the staggarite had the honour too to be drunk with alexander . . stand to your arms ! and now advance ▪ a health to the english king of france , and to the next of boon esprance by bacchus and apollo : thus in state i lead the van ; fall in your place by the right-hand-man ! beat drum ! march on ! dub a dub , ran dan ! he 's a whig that will not follow . . face about to the right again , britains admiral of the main , york , and his illustrious train crown the days conclusion : but a halter stop his throat who brought in the foremost vote , and of all that did promote the mystery of exclusion . . next to denmark's war-like prince ▪ let the following health commence ; to the nymph whose influence brought the hero hither : may their race the tribe annoy , who the grandsire would destroy , and get every year a boy whilst they are together . . to the royal family let us close in bumpers three ; may the ax and ●alter be the pledge of every roundhead : to all loyal hearts pursue , who to the monarch dare prove true ; but for him they call ●rue blew , let him be confounded . an excellent new song on the late victories over the turks . to a very pleasant new tune . . hark ! the thundring canons roar , ecchoing from the german shore , and the joyful news comes o'● ▪ the turks are all confounded ; lorrain comes , they run , they run ; charge your horse through the grand half-moon we 'l quarter give to none , since staremberg is wounded . . close your ranks , and each brave soul take a lusty flowing bowl , a grand carouse to th' royal ●●le , the empires brave defender ; no man leave his post by stealth , plunder the grand visiens wealth , but drink a helmet full to th' health ▪ of the second alexander . . mahomet was a sober dog , a small beer drouzy senseless rogue , the juice of the grape so much in vogue to forbid to those adore him ; had he but allow'd the vine , given'em leave to carouze in wine the turk had safely past the rhine , and conquer'd all before him . . with dull tea they sought in vain , hopeless vict'ry to obtain , where sprighty wine fills ev'ry vein ; success must needs attend him ; our brains , ( like our canons ) warm with often firing , feels no harm , while the sober sot flies the alarm , no lawrel can befriend him . . christians thus with conquests crown'd , conquest with the glass goes round , weak coffee can't keep its ground , against the force of claret : whilst we give them thus the foyl , and the pagan troops recoyl , the valiant poles divide the spoyl , and in brisk nectar share it . . infidels are now o'recome , but the most christian turks at home watching the fate of christendom , but all his hopes are shallow ; since the poles have led the dance , let english caesar now advance , and if he sends a fleet to france , he 's a whig that will not follow . tangiers lamentation on the demolishing and blowing up of the town , castle and citadel ▪ tune , tangier march. . let the moors repine , their hopes resign , now the pagan troops are cheated ▪ let foot and horse disband their force , since tangier is defeated : alas tangier ! what sudden doom hath wrought this alteration , that thus thy march should now become thy fatal lamentation ? . now , alas tangier ! that cost so dear in money , lives , and fortunes , see how the states , the kinder fates , for thy own fate importunes : had this been plotted by the moors , alas ! it were no matter ; but blown up thus by thy own store , thou●dst better swem in water . . the old port , tangier , where for good cheer we never paid extortion ; which , whilst it stood , war once thought good to be a monarchs portion . whilst english hearts thy walls possest , they scorn'd e'r to surrender , now to the foe is left a nest for serpents to engender . . alas ! what now must the sea-men do , when they come ashore to lord it , for a little fresh store , and a little fresh whore ? which tangier still afforded ▪ no ambuscade of treacherous moor , nor shall ben otter's highness court any more the british shoar , to try the ladies kindness . . it would grieve your heart , should i impart the gold and precious matter that lies opprest in every chest drown'd underneath the water ; but now the mold that forc'd the main , the mold so gay and bonny , is with the chests blown up again ▪ but ne'r a cross of money . . of how many souls , and large punch-bowls , has this been the undoing ? how many tun of precious coyn lie buried in the ruine ? had this been done some years ago , of horsemen and postillions , 't had sav'd some thou and lives the blow , and sav'd besides some millions . . when the pile took fire above the spire , i wish ( for th' good o' th' nation ) the walls well cramm'd , with rebels ramm'd of the ●ssociation : all bethells of a commonwealth , each sullen whig and trimmer , that boggle at a loyal health , yet will not bawk a brimmer . . now heav'n preserve ( while rebels starve ) the king and 's royal brother , while traytors fly , and others die , impeaching one another : that gracious prince that values more his subjects lives and pleasure , than all the wealth of africks shoar , and tangiers buried treasure . the history of whiggism , from their rise , to their late horrid and unparallel'd conspiracy . tune , when the stormy winds do blow . . you calvinists of england , who surfeit with your ease , and strive to make us whigland , to breed a foul disease : hearken you painted saints , for we will let you know , oh , the cares and the fears that by you whigs do grow ! the first of your pretensions when that you did begin , were gloss'd with good intentions , but false at heart within : no faith in you was ever found , that truth we plainly know , oh the cares and the fears that by you whigs do grow . queen elizabeth she did descry , and soon found what you were ; she made fit laws against you by parliament appear ; which late you 'd have repealed , but just charles too well did know , all the cares and the fears that by you whigs do grow ! such locusts in the nation king james could never love ; wherefore he thought discretion t' advise his son t'disprove of all your false pretended zeal ; for wisely he did know , oh , the cares and the fears that by you whigs do grow ! when best of kings and princes did give your hearts desire , yet you were not contented , to th' crown you did aspire ; you said , you 'd make him great , indeed you did do so ; but oh , the cares and the fears attends such winds that blow ! on the mitre you did trample to make your selves more high , with greater force to give the stroke against his majesty : ah! false and trayterous tekelites , such ways to let us know the great cares and the fears that by you whigs do grow ! the whig he then stood rampant , to us he gave his laws ; yet such he dare not vaunt on 't , so sharp we felt his claws : you then laid open what you were , and smartly made us know oh , the cares and the fears that by you whigs do grow ! the blessed martyrs royal son , whom heav'n guarded sure , and made us happy by 's return , him you could not endure : against his life you did conspire , and mighty james also ; oh , the cares and the fears that by you whigs do grow ! peace , plenty , and all that 's good , through his conduct we have : ungrateful souls ! to seek his blood ▪ who seeks us for to save ; and by your late rebellious ways again to make us know , oh , the cares and the fears that by you whigs do grow ! with furious zeal you do inflame , and cause our countreys burn : you work confusion , but the blame on innocents you turn ▪ your holy masque is dropping off , god grant it may do so , and stop the cares and the fears that by you whigs do grow . may colledge , rouse , and hone , their fate on traytors all attend : what though i● seems a little late ? yet still we know your end . ●ust vengeance does not sleep , though you do think it so ; you 'll have your shares of the cares that by you whigs do grow . long live great charles our pious king who cares when we do sleep , to keep still safe under his wing from ravenous wolves his sheep : he us preserves from bears clutch ▪ the lyons jaw also , and from all cares and all fears that by you whigs do grow the whigs ▪ hard heart the cause of the hard frost . tune , oh london ! th'adst better have built new bordello's , &c. . ye whigs and dissenters , i charge you attend , here is a sad story , as ever was told : the river of thames , that once was your friend , is frozen quite over with ice very cold ; and fish which abounded , tho' they can't be drownded , for lack of their liquor , i fear are confounded then leave your rebellious & damn'd presbytering , or you may be glad of poor-jack & red-herring . . now , had it been frozen with brimstone and fire , the wonder had been much deeper at bottom ; tho' some do believe your sins do require a punishment great as e'r fell upon sodom : but then the poor fish had been dress'd to your dish , and , stead of a plague , you had then had your wish ; pikes , flounders , together with gudgeons and roaches , had served for the luxury of these debauche●s . . but , alas ! to instruct ye this frost now is sent , as if it would shew ye your consciences harden'd ; and if each mothers-child make not hast to repent , how the devil d' ye think ye shall ever be pardon'd 't is a very sad case , as ever yet was , that the river should suffer for every ass ! poor thames ! thou mayst curse the foul lake of geneva , for whose faults thou dost penance , sans hope of reprieve-a . . this thames , ( o ye whigs ! ) brought ye plenty & pride , so ye harden'd your hearts with your silver and gold but if ever ye hope to redeem time or tide , ●ot must your repentance , your zeal must be cold ; your damn'd hungry zeal for rank commonweal will hurry ye headlong all down to the deel ; then melt your hard hearts , and your tears spread abroad . as ever ye hope that your thames shall be thaw'd . . make hast , and be soon reconcil'd to the truth , or you may lament it , both old men and young ; for , suppose ev'ry shop should be turn'd to a booth oh , were it not sad to be told with a tongue ! should cheapside advance up to pety-france , and londons guild-hall up to westminster dance ; o , what would become of your wealthy brave chamber , if it were forc'd so far westward to clamber ? . c●ck shops with rost victuals , and taverns with wine , already are seen on the river with plenty , ●hich are fill'd ev'ry morning before ye can dine , by two's and by three 's , i may truly say twenty ; jack , tom , will , and hary . nan , sue , doll , and mary , come there to devour plum-cakes and canary : and if with their dancing & wine they be tir'd , for a tester a piece there 's a coach to be hir'd . . there 's ginger-bread , small-cole , and hot pudding-pies , with bread & cheese , brandy & good ale & beer : besides the plum-cakes too , there 's large cakes of ice , enough to invite him that will come here ; all which does betide to punish your pride ; y' are plagu'd now with ice , ' cause you love to back - slide : methinks if should warn you to alter your station . for y 'ave hitherto built on a slippery foundation . . ye merchants to greenland , now leave off your sailing , and for your tr●in-oyl you●selves never solicit ; for there is no fear of your merchandise failing , since the whales , i●m afraid , mean to give us a visit : the great leviathan may sail to england , to see a worse monster the presbyterian . was ever a vengeance so wonderful shewn , that a river so great should be turn'd to a town ? the swearers chorus to the presbyterian plot. tune , the merry beggers , &c. . there was a monstruous doctor ; this doctor had no peer , a rogue from his cradle and bred to lie and swear ; and a swearing we will go , will go , will go , and a swearing we will go . . a bag for my pilgrims ▪ another for black bills , ten thousand blank commissions to move as many hills : and a swearing we will go , &c. . a bag for my sallery , from every fool suborns , three brawny bums to follow me , and bugger them by turns : and a bugg ring we will go , &c. . a bag for my plunder , sir william's on the scent ; the pole did n●er so thunder in the grand vizier's tent : and a pundring we will go , &c. . a bag for my necklace , another for my plate ; and all shall be fish that comes in waller's net ; and a plund'ring we will go , &c. . a bag for my pistols ▪ and consecrated knives , and one for tormentillio's , t'fright fools out of their lives : and a plotting we will go , &c. . a bag for the parson , another for don john ; though i swore like a whoreson , yet still i did swear on : and a swearing we will go , &c. . through four and twenty key-holes i sally'd like a witch , and through as many brick-walls i 'll swear i went through-stitch : and a swearing i did go , &c. . to lambeth we will go , where we first made the plot ; while prance and i can swear and lie , they all shall go to pot : and a plotting we will go , &c. . then we 'l to godfrey go , and find him kill'd o' th' spot , and swear the papists did it , to make a popish-plot : and a murd'ring we will go , &c. . a gown i have for shew amongst the clergy grave , and , when i please , a cloak to hide the double knave : and a plotting we will go , &c. . i had a pretty knack , to wheedle , swear and lye , by the rebellious rabble how much admir'd was i ! and a swearing we will go &c. . in fair london town i live , and pay no rent ; the brethren they provide for me , and i am well content : and a swearing we will go , &c. . of all occupations the swearer is most blest ; for when he swears most falsly , he 's always paid the best : and a swearing we will go , &c. . i fear no plot against me , although the whigs rebel ; then who would be honest , since such rogues fare so well ? and a plotting we will go , will go , will go ; and a plotting we will go . a new song . tune , i 'll tell thee , dick , &c. i hil tell thee , tom , the strangest story , because thou art an honest tory ; 't is news beyond expressions : zich zights are no where to be zeen in any lond , ( god zave the queen ) but at our quarter-sessions . vor rogues i zaw in zich a place , as wou'd the gibbet quite disgrace , 't is pity it shou'd want 'em : but how the devil they came there , list , tom , and i hil in brief declare and how they did recant 'em , when i was late at london town , to zee zome zights e●r i went down , to white-hall i did venture ; and having on my best array , as vine as on a holy-day , zoors i made bold to enter . up stairs i went , which were as brooad , and dirty too as any rooad , or as the streets o' th' zity . hadst thou been there , thou wouldst have said his majesty had kept no maid , gods zooks , and that 's a pity . when i was up , i did discern a chamber bigger than a barn , where i did see voke stand , that i was well near vrighted quite , it was so strange and grim a zight , with long things in their hand . their cloathing cannot well be told , on which were things of beaten gold upon their back and breast ; i doft my hat when i came in , quoth i , pray which of you's the king ? which made a woundy jest . at last came by a gentlemon , who made me zoon to understond i need not be avear'd ; quoth he , come on , and vollow me , i hil shew thee straight his majesty ; vor thease are but his guard. but , tom , not any wake or vair can shew zich numbers as are there , still cringing low , and bowing , that i may zwear , and tell no lie , they wearier are , than thou or i with thrashing or with plowing . no ants do vaster lead or drive , or bees buz to or fro' the hive , i ma●l they were not dizzy ; and zure the nations great avairs lay heavily upon their cares , they look'd zo wise and busie . at last came in his majesty , not taller much than thou or i ; yet , whatzoe'r i ail'd , with only gazing on his vace , i trembl'd like a love-zick lass just on the point to yield . he look'd , methought , above the rest , tho not by half zo vinely drest , which made me vall a zwearing , a pox upon the parliament , that will not let us pay him rent , gold's only for his wearing a ribbon vine came cross avore , zich as our landlords bridemen wore at end of which was hung a curious thing , that shone as bright as maudlin's eyes , or morning light , when guilded by the zun , but now the news , i hil tell thee truth , hard by hi● zide there stood a youth , that look●d as trim and gay , as if de had not guilty bin of wishing e'r to be a king , unless a king of may. it was the zame our vicar zed vor treason shou'd have last his head , vor which ●ive hundred pound by proclamation offer'd was to any that shou'd take his grace in any kerson ground . won zunday morn , thou maist remember , i think the twantieth of zeptember , our parson read a thing , how this zame spark , ( a vengeance on him ! ) with vorty moor , did take upon him to kill our gracious king. but scant the vrighted harmless zwain , that meets a wolf upon the plain , was so agast with vear : wounds ! if his majesty ( quoth i ) does keep no better company , i hil stay no longer here . with that , the mon that brought me in by th' jacket pull'd me back again ; quoth he , pray hear ye reason ; he was a what-d'ye-cal't , 't is true , but●s pardon makes him vree as you vrom knavery or treason . whaw , whaw ! quoth i , a pretty nick , to make rogues honest by a trick zo often try'd in vain : as if my bull shou'd gore me once ▪ i 'd trust the zenseless beast with horns to gore me o'r agen . i hil e'en to devonshire agen , where honest men are honest men , and rogues are hang'd v●r rogues . ods wounds ! were i his majesty , e'r zich a zon shou'd counten●nc●d be , chi'd prize him as my dogs . vnfortunate jockey ; or , jenneys lamentation for the loss of jockey . a pleasant tune , sung in the play call'd , the royalist . . twa bony lads were sawny and jockey , sawny was lewd , and jockey unluckey , sawney was tall , well favour'd , and witty , but i 'se in my heart thought jockey more prety for when he su'd me , woo'd me , and view'd me , never was lad so like to undo me , fie i cry'd , and almost dy'd , lest jockey should gang and come no more to me . . jockey would love , but he would not marry , and i'se had a dread that i'se should miscary his cunning tongue with wit was so guilded , that i'se was afraid my heart would have yielded for daily he press'd me , kiss'd me , and bless'd me , lost was the hour methought when he mist me , crying , denying , and sighing , i woo'd him , and muckle ado i had to get fro him . . but cruel fate rob'd me of my jewel , for sawny would make him fight in duel , and down in a dale with cypress surrounded , ha! there to his death poor jockey was wounded but when he thrill'd him , fell'd him , kill'd him , who could express my grief that beheld him ? raging , i tore my hair for to bind him , and vow'd and swore ne'r to stay behind him . . i sigh'd and sob'd until i was weary , to think my poor jockey should so miscarry , and never was any in such a sad taking as hapless jenny , whose heart is still a king , to think how i crost him , tost him & lost him ; too late it was to coyn words to accost him , alone then i sate lamenting and crying , still wishing each minute that i were a dying . ah! jockey since thou behind thee hast left me , and death of all joys and all comforts bereft me , thy destiny i will lament very mickle and down my pale cheeks salt tears they shall trickle ; to ease me of trouble each bubble shall double , to think of my jockey so loyal and noble , i 'se grieve for to think that those eyes are benighted wherein mournful jenny so much once delighted . that blow oh sawny was base and unlucky , that robbed poor jenny of her dearest jockey , a bony boon youth 't was known he was ever to please his poor jenny was still his endeavor ; but 't was fortune uncertain , our parting , procured & caused this breaking & smarting , but whilst i do live 't is resolved by jenny , for jockeys dear sake ne'r to lig with any . . this jenny for jockey lay sighing and weeping , oft wringing her hands while others was sleeping but sawney to see her thus strangely distressed , for the loss of her love , his heart was oppressed , tho' this deluder , view'd her , and sued her , 't was all but in vain , for she call'd him intruder and said , if you die for my love i will mock ye , for you were the cause of the death of my jockey . . that bony brave scot hath left nene behind him , that like to himself was worthy of minding , ●is fathers delight , and the joy of his mother ; and scotland before ne'r bred sike another , when i think on his beauty , let duty confute ye . death never before had sike a great booty , for all that do know him , do sigh & bewail him , but oceans of tears now can little avail him . . ah! jockey there 's nene that are left to inherit the tythe of thy virtues , thou wonderful merit , but whilst i do live thou shalt not be forgotten , he sing out thy praise when thy carkass is rotten for thou wert the fairest , rarest , and dearest , and now thou art dead like a saint thou appearest , i 'll have on thy tomb-stone these verses inserted , here lies hopeless jockey , who was so true hearted . . and when this thy motto shall fairly be written , there 's none shall read but with grief shall be smitten and say 't was pity that one so true hearted should by cruel death from his jenny be parted . and thus i with weeping , creeping , and peeping look into thy grave where thou dost lie sleeping till sighing my self i have brought to my end , to show that poor jenny was jockeys true friend . the winchester wedding ; or , ralph of redding , and black bess of the green. to a new country dance : or , the king 's jigg● . at winchester was a wedding , the like was never seen twixt lusty ralph of redding , and bony black bess of the green ▪ the fidlers were crowding before , each lass was as fine as a queen , there was a hundred and more , for all the country came in : brisk robin led rose so fair , she lookt like a lilly o'th'vale , and ruddy-fac'd harry led mary , and roger led bouncing nell . with tommy came smiling katy , he helpt her over the stile , and swore there was none so pretty , in forty and forty long mile : kit gave a green gown to betty , and lent her his hand to rise . but jenny was jeer'd by watty , for looking blew under the eyes : thus merrily chatting all , they pass'd to the bride-house along with jonny and pretty fac'd nanny , the fairest of all the throng . . the bridegroom came out to meet 'em , afraid the dinner was spoil'd , and usher'd 'em in to treat 'em , with bak'd , and roasted , and boyl●d ; the lads were so frolick and jolly , for each had his love by his side , but willy was melancholly , for he had a mind to the bride : then philip begins her health , and turns a beer-glass on his thumb , but jenkin was reckon'd for drinking , the best in christendom . . and now they had din'd , advancing into the midst of the hall , the fidlers struck up for dancing , and jeremy led up the brawl ; but margery kept a quarter , a lass that was proud of her pelf , ' cause arthur had stoln her garter , and swore he would tye it himself : she strugl'd and blusht , and frown'd , and ready with anger to cry , ' cause arthur with tying her garter , had slip'd his hand too high . . and now for throwing the stocking , the bride away was led , the bridegroom got drunk was knocking for candles to light 'em to bed : but robbin that found him silly , most friendly took him aside , the vvhile that his wife vvith willy , vvas playing at hoopers-hide ; and novv the vvarm game begins , the critical minute vvas come , and chatting , and billing , and kissing , vvent merily round the room . . pert stephen vvas kind to betty , and blith as a bird in the spring , and ●ommy vvas so to katy , and wedded her vvith a rush ring : sukey that danc'd at the cushion , an hour from the room had been gone , and barnaby knevv by her blushing , that some other dance had been done ; and thus of fifty fair maids , that came to the wedding vvith men , scarce five of the fifty vvas left ye , that so did return again . a narrative of the old plot , being a new song . tune , some say the ●apists had a plot , &c. . when traytors did at pop●ry rail , because it taught confession : when bankrupts bawl'd for property , and bastards for succession . . when tony durst espouse the cause , spight of his pox and gout : when speaking williams purg'd the house by spewing members out . . when hunt a twy-fac't pamphlet wrote , the embleme of his soul : when oats swore whom he pleas'd in 's plot ▪ and reign'd without controul . . when l — ce too lampoon'd the court , and libell'd cats and doggs : when witnesses , like mushroms , sprung out of the irish boggs . . then perkin thought 't was time to prove his claim to kingship fair ; and 'faith t is sit the peeples son should be the peoples heir . . so fill'd with zeal he and his knight caress and court the rout ; and my lord duke goes up and down to shew his grace about . . tho' f — d lord g — y would not ingage upon that idle score ; for he would have a common-wealth , as well as common whore . . he envy●d his old friend a crown but why i can't devise ; for 's grace had grac't his lordships head with horns of noble size . . then johnson wrote his patrons creed , a doctrine fetch 't from hell : 't was christian-like to disobey , and gospel to rebel . . julian his pattern and his text ; a meaner theam he scorns : first represents him at the desk , and then apostate turns . . like his , his patrons zeal grew high , th' exclusion to advance ; and the right heir must be debarr'd , for fear of rome and france . . the zealous commons then resolv'd , ( and they knew what they did ) by whomsoe're the king should fall , the papists throats should bleed ▪ . so murd'ring ponyards off are slipt into a guiltless hand : and innocence is sacrific'd , whilst malefactors stand . . by hell's assistance then they fram'd their damn'd association : and worthy men , and men worthy , divided all the nation . fools oft and madmen leave the less , and choose the greater evil : thus they for fear of popery , run head-long to the devil . . at last the loyal souls propose to ease their sovereign's cares ; if he 'll sit down , and first remove their jealousies and fears . . just the old trick and sham device of belzebub their sire : he but fall down and worship them , they 'll grant his hearts desire . . nay lives and fortunes then shall be entirely all his own ; if he will fairly once disclaim a brother and a crown . the praise of the dairy-maid , with a lick at the cream-pot , or fading rose . tune , packington's pound . . let wine turn a spark , & ale huff like a hector . let pluto drink coffee , & jove his rich nector . neither cider nor sherry , metheglin nor perry , shall more make me drunk , which the vulgar call merry : these drinks o're my fancy no more shall prevail but i 'll take a full soop at the mery milk-pail . . in praise of a dairy i purpose to sing ; but all things in order ; first god save the king , and the queen i may say , that ev'ry may-day , has many fair dairy-maids all fine and gay . assist me , fair dam'sels to finish this theme , and inspire my fancy with strawberries & cream . the first of fair dairy-maids , if you 'll believe , was adam's own wife , your great-grand-mother eve ; she milk'd many a cow , as well she knew how , tho' butter was then not so cheap as 't is now ; she hoarded no butter nor cheese on a shelf , for the butter and cheese in those days made it self . . in that age or time there was no damn'd money , yet the children of israel fed on milk & honey ; no queen you could see of the highest degree , but would milk the brown cow with the meanest she their lambs gave them cloathing , their cows gave them meat . in a plentiful peace all their joys were compleat . . but now of the making of cheese we shall treat , that nurser of subjects , bold britains chief meat . when they first begin it , to see how the rennet begets the first curd , you wou'd wonder what 's in it . then from the blue whey , when they put the curds by . they look just like amber , or clouds in the sky . . your turkey sherbet , and arabian tea , is dish-water-stuff to a dish of new whey ; for it cools head and brains , ill vapours it drains , and tho' your guts rumble , 't will ●e'r hurt your brains . court-ladies i' th morning will drink a whole pottle , and send out their pages with tankard & bottle . . thou daughter of milk , and mother of butter , sweet cream , thy due praises how shall i utter ! for when at the best , a thing 's well exprest , we are apt to reply , that 's the cream of the jest : had i been a mouse , i believe in my soul i had long since been drown'd in a cream-bowl . the elixir of milk , the dutch-mens delight , by motion and tumbling thou bringest to light ; but oh , the soft stream that remains of the cream ! old morpheus ne'r tasted so sweet in a dream ; it removes all obstructions , depresses the spleen , and makes an old bawd like a wench of fifteen . . amongst the rare virtues that milk does produce a thousand more dainties are daily in use ; for a pudding i 'll tell ye , e'r it goes in the belly , must have good milk , both the cream & the jelly ; for a dainty fine pudding without cream or milk is like a citizen's wife without satten or silk . . in the virtues of milk there 's more to be muster'd the charming delights of cheese-cake and custard ; for at totenam-court you can have no sport , unless you give custards and cheese-cakes for 't : and what 's jack pudding that makes us to laugh , unless he hath got a great custard to quaff . . both pan-cakes & fritters of milk have good store but a devonshire whit-pot requires much more . no state you can ●hink , tho' you study and wink , from the lusty sack-posset to poor posset-drink ; but milk's the ingredient , tho' sack 's ne'r the worse ; for 't is sack makes the man , tho' milk makes the nurse , . but now i shall treat of a dish that is cool , a rich clouted cream , or a goose-berry-fool ; a lady i heard tell , not far off did dwell , made her husband a fool , and yet pleas'd him full well : give thanks to the dairy then every lad , that from good-natur'd women such fools may be had . . when the dam'sel has got the cows teat in her hand how she merily sings , while smiling i stand then with pleasure i rub , yet impatient i crub , when i think of the blessings of a syllabub : oh dairy-maids , milk-maids , such bliss ne'r oppose . if e'r you 'll be happy ; i speak under the rose . . this rose was a maiden once of your profession , till the rake and the spade had taken possession ; at length it was said , that one mr. edmond did both dig and sow in her parsley bed ; but the fool for his labour deserves not a rush , for grafting a thistle upon a rose-bush . . now milk maids , take warning by this maidens fall . keep what is your own , and then you keep all ; mind well your milk-pan , and ne'r touch a man , and you 'll still be a maid , let him do what he can . i am your well-wisher , then list to my word , and give no more milk than the cow can afford a new song sung before the loyal livery-men in wistminster-hall july the th . ● . . hark ! how noll & b●adshaw's heads above us cry , come , come , ye whigs that love us : come , ye faithful sons , fall down , and adore ye your fathers , whose glory was to kill kings before ye ; from treason & plots let your grave heads adjourn , and our glorious pinacle adorn . what though the scaffolds all are down here , to entertain the friends of the crown here ? we , whose lives & whose fortunes great charles will maintain , for monarchy-haters , damn'd associators , whigs , bastards and traytors , we 'll build 'em , we 'll build 'em again , let the infamous cut threats of princes be shamm'd all . their black souls be damn'd all , their blunderbuss ramm'd all with brimstone and fire infernal ; the gods that look o'r him did by wonders restore him , their angels sate round him that hour they crown'd him , and were listed his guards eternal . . how , like jove , the monarch of great-britain drives the gyant-sons of titan ! down ye rebel-crew ; ye slaves , lie under : see! charles with his thunder has dash'd 'em all asunder ; down from his bright heav'n the aspirers are hurl'd , lost in the common rubbish of the world : see , how the god returns victorious ! and to make his tryumph still more glorious , see , the whole hosts of heav'n the proud conquerour meet . the stars burn all brighter , the sun mounts uprighter , whilst his steeds gallop lighter , to see , see their jove made so great : with the brands & the stings of a conscience disloyal from the fiery tryal , let the coward slaves flie all , leave vengeance and gibbets behind 'em ; whilst the great desperadoes all turn'd renegadoes , with their old friends took napping , in some cole-hole at wapping shall charles and his justice find ' em . . let the malice of fanatick roundhead ( hatch'd in hell ) be still confounded ; the royal brothers no storm e're sever , but new wonders deliver , and their heirs reign for ever , on englands bright throne sit till times last sand runs , and stop their glories chariot with the suns . then for charles's second restauration , snatch'd from the jaws of the imps of damnation , we with feastings & revels will chear up our souls for the safety of caesar , in joy , and in pleasure , till our hearts shall o're-flow like our bowls . for a health to great charles , let the goblets be crown'd there , the huzza go round there , to the skies let it sound there , up to th' throne of great charles's protector , till the pleas'd gods that see , boys , grow as merry as we , boys , joyn their spheres in the chorus , make their whole heav'ns out-roar us , and pledge us in bumpers of nectar . a narrative of the popish-plot , shewing the cunning contrivance thereof . tune , packington 's pound . the contents of the first part. how sir godfrey is kill'd , his body they hide , which brought out in chair , a horseback does ride ; how jesuits disguis'd our houses to fire ; how subtly they plot , and the king's death conspire ; of divers great lords drawn in , to their bane , an irish army , and pilgrims from spain . . good people , i pray you , give ear unto me . a story so strange you have never been told how the jesuit , devil and pope did agree our state to destroy , and religion so old : to murder our king , a most horrible thing ! but first of sir godfrey his death i must sing ; for howe'r they disguiss't , we plainly can see , who murdr'd that knight , no good christian cou'd be . the truth of my story if any man doubt , we have witnesses ready to swear it all out . . at somerset house , there is plain to be seen a gate which will lead you into the back-court ; this place for the murder most sitting did seem , for thither much people do freely resort : his body they toss'd from pillar to ●ost , and shifted so often , t 'had like t' have been lost ; to which with dark-lanthorn the jesuits did go , but no ways distrusted our honest bedlow . the truth of my story , &c . lest such close contrivements at length might take air , when as his dead body corrupted did grow , they quickly did find an invisible chair , and set him on horse-back to ride at sohoe : his own sword to th' hilt. to add to their guilt , they thrust through his body , but no blood was spilt ; t' have it thought he was kill'd by a thief they did mean , so they left all 's money , and made his shoes clean . the truth of my story &c. . to shew now th' excess of jesuitical rage , they this loyal city to ruine would bring , ' cause you citizens are so religious and sage , and ever much noted as true to your king : t' your houses they go with fire and with tow , then pilfer your goods , & 't is well you ' scape so ; y'have seen how they once set the town all in flame ; yet 't is their best refuge , if we believe fame . the truth of my story , &c. . by bedlow's narration is shewn you most clear , how jesuits disguss●d into houses will creep ; in a porter's or carman's frock they appear , nay , will not disdain to cry chimney sweep ; or sell you small cole , then drop in some hole a fire-ball , or thrust it up by a long pole. but i now must relate a more tragical thing , how these villains conspir'd to murder our king. the truth of my story , &c. . at the white-horse in april was their main consul● ▪ where a writing these plotters wickedly frame ; the death of our sovereign was the result , to which at least forty all signed their name : they would not do that , in the place where they sat , trusty oates must convey't from this man to that ; to make sure work , by poyson the deed must be done and by a long dagger , and shot from a gun. the truth of my story . &c. . for fear at st. omers their oates might be miss'd , they agreed with the devil t' appear in his place , in a body of air , ( believe 't if you list ) which lookt just like oats ▪ & mov'd with the same grace . 't cou'd plot , it cou'd cant , turn eyes like a saint , and of our great doctor no feature did want : thus hundreds might swear they saw oates ev'ry day but true oats was here , and the devil say they . the truth of my story , &c. . from father oliva commissions did come , to raise a great army much treasure is spent ; the old man did once think to take post from rome for to ride at the head of them was his intent ; lord bellas was sit ( who can deny it ? to command in his place , when his gout wou'd permit ; lord stafford was proper'st to trust with their pay old ratcliffe to range them in battle-array . the truth of my story , &c. . th' high-treasurers place the l. powis did please , ( men of desp'rate fortunes oft venture too far ; ) lord peters would hazard estate , and his ease , and life for the pope too , in this holy war ; lord ar'ndel , of old so war-like and bold , made choice of a chancellors gown we are told ; all these did conspire with the lord castlemain , who now his good dutchess will ne'r catch again the truth of my story , &c. . great store of wild irish , both civil and wise , designed to joyn with the pilgrims of spain ; many thousands being ready all in good guise , had vow'd a long pilgrimage over the main ; to arm well this host when it came on our coast , black bills forty thousand are sent by the post , this army lay privately on the sea shore , and no man e'r heard of 'em since or before . the truth of my story , &c. the second part . the contents of the second part. of arms under-ground for horse and for foot , the king almost kill'd , but gun will not shoot , for which pickring is whip'd . all of them swear to be true to the plot ; yet oats , not for fear , but revenge , being turn'd away , and well hang●d , discovers them all ; the jesuits are hang'd . . the plot being thus subtly contriv'd , as you hear , to god knows how many this secret th' impart ; some famous for cheats , yet their faith they don't fear to tie a knave fast they had found a new art. they swore on a book , and sacrament took ; but you 'll find , if into their grave authors you look , to forswear●s no sin ( as th' recorder well notes ) nor treason , rebellion , nor cutting of throats . the truth of my story , &c. . still blinded by zeal , and inveigl'd by hope , store of arms they provide for fight & defence ; the lords must command as vice-roys of the pope , and all over england they raise peter-pence : their letters they send by bedlow their friend , or else by the post , to shew what they intend ; some hundreds oats saw , which the jesuits ●id write 't is a wonder not one of them e'r came to light . the truth of my story , &c. . pounds two hundred thousand they to ireland sent , fifteen thousand to wakeman for potions and pills , forty thousand in fire-works we guess that they spent , and at least ten thousand for the ' foresaid black-bills fifteen hundred more grove shou'd have , they swore , four gentleman-russians deserved fourscore ; pious pickering they knew was of masses more fond ; and for thirty thousand they gave him a bond. they truth of my story , &c. these two , to kill the king by promises won , had now watch●d for some years in st. james's park , and pickering ( who never yet shot off a gun ) was about to take aim , for he had a fair mark ; just going to begin't , he missed his flint , and looking in pan , there was no powder in 't ; for which he their pardon does humbly beseech , yet had thirty good lashes upon his bare breech . the truth of my story , &c. but a sadder mischance to the plot did befall , for oats their main engine fail'd , when it came to 't no marvel indeed if he cozen'd them all , who turn'd him a begging and beat him to boot . he wheeling about , the whole party did rout and from lurking holes did ferret them out , till running himself blind ; he none of them knew , and fainting at councel , he could not swear true . the truth of my story , &c. . to strengthen our doctor , brave bedlow's brought in , a more credible witness was not above-ground ; he vows and protests , what e'r he had been , he wou'd not swear false now for five hundred pound and why should we swear , they falsly would swear , to damn their own souls , and to lose by it here ; for oats , who before had no peny in purse discov'ring the plot , was seven hundred pound worse . the truth of my story , &c. ▪ two witnesses more were let loose from the jayl , though one , 't is confest , did run back from his word ; ( in danger of life a good man may be frail ) and th' other they slander for cheating his lord ▪ t' each one of these men the jesuits brought ten , to disprove em in time & in place ; but what then ? one circumstance lately was sworn most clear , by a man who in hopes has four hundred a year . the truth of my story , &c. . besides 't was oft urg'd , we must always suppose , to murder the king a great plot there has been ; and who to contrive it so likely as those who murder and treasons do hold for no sin ; things being thus plain , to plead was in vain , the jury instructed again and again , did find them all guilty , & to shew 't was well done the people gave a shout for victory won . . 't is strange how these jesuits , so subtle and wise , should all the pope be so basely trepann'd , to hang with much comfort when he shall advise , and go to the devil too at his command . he may give them leave to lye and deceive ; but what when the rope does of life them bereave can his holiness , think you , dispense with that pain or by his indulgences raise them again ? the truth of my story , &c. o . yet , like mad men , of life and contempt they express and of their own happiness careless appear ; for life and for money not one wou'd confess , they 'd rather be damn'd than be rich & live here . but surely they rav'd , when god they out-brav'd , and thought to renounce him the way to be sav'd , and with lies in their mouths go to heav'n in a string so prosper all traytors , and god save the king. the truth of my story , &c. concordat cum kecordo cl. par. a general sale of rebellious houshold-stuff . tune , old simon the king. . rebellion hath broken up house , and hath left me old lumber to sell ; come hither and take your choice ; i 'le promise to use you well . will you buy the old speaker's chair , which was warm , and easie to sit-in , and often-times hath been made clean , when as it was fouler than sitting , says old symon the king , says old symon the king , with thread-bare cloaths , and his mamsy nose , sing hey ding , ding , a ding ding . . will you buy any bacon-flitches ? they 're the fattest that ever were spent ; they 're the sides of the old committees , fed up with th' long parliament . here 's a pair of bellows and tongs , and for a small matter i 'll sell 'em ; they 're made of the presbyters lungs , to blow up the coals of rebellion , says old symon the king , &c. . i had thought to have given them once to some black-smith for his forge ; but , now i have consider'd on 't , they 're consecrated to the church ; for i 'll give them to some choir , to make the organs to rore , and the little pipes squeak higher than ever they did before , says old symon the king , &c. . here 's a couple of stools for sale , the one square , and t'other is round ; betwixt them both , the tail of the rvmp fell unto the ground . will you buy the states council-table , which was made of the good wain - scot ; the frame was a tottering babel , to uphold the independent-plot ? says old symon the king , &c. . here 's the beesom of reformation , which should have made clean the floor ; but it swept the wealth out of th' nation , and left us dirt good store . will you buy the states spinning-wheel , which spun for the ropers trade ? but better it had stood still , for now it has spun a fair threed , says old symon the king , &c. . here 's a very good clyster-pipe , which was made of a butchers stump ; and oft-times it hath been us'd to cure the colds of the rvmp . here 's a lump of pilgrims-salve , which once was a justice of peace , who nol and the devil did serve ; but now it is come to this , says old symon the king , &c. . here 's a roll of states tobacco , if any good fellow will take it : it 's neither virginia nor spanish , but i 'll tell you how they do make it ; 't is covenant mixt with engagement , with an abjuration-oath ; and many of them that did take it complain it is foul in the mouth , says old symon the king , &c. . yet the ashes may happily serve to cure the scab of the nation , when they have an itch to serve a rebellion by innovation . a lanthorn here is be bought , the like was scarce e'r begotten ; for many a plot 't has found out , before they ever were thought on , says old symon the king , &c. . will you buy the rump ●s great saddle which once did carry the nation ? and here 's the bitt and the bridle , and curb of dissimulation here 's the breeches of the rump , with a fair dissembling cloak , and a presbyterian jump , with an independant smock , says old symon the king , &c. . here 's oliver's brewing-vessels . and here 's his dray and his slings , here 's hewson's aul and his bristles , with divers other odd things . and what doth the price belong to all these matters before-ye ? i 'le sell them all for an old song , and so i do end my story , says old symon the king , says old symon the king , with his thread bare cloaths , and his mainsey nose , sing hey ding , ding , a ding ding . advice to the city : or , the whigs loyalty . to a theorbo . . remember ye whigs what was formerly done , remember your mischiefs in forty and one , when friend oppos'd friend , and father the son , then , then the old cause went rarely on ; the cap sat aloft , and low was the crown , the rable got up , and the nobles went down ; lay elders in tubs , rul'd bishops in robes , who mourn'd the sad fate and dreadful disaster , of their royal master , by rebels betray'd . then london be wise , and baffle their power . and let them play the old game no more ; hang , hang up the sheri●●● th● ba● 〈◊〉 in power , those 〈…〉 , thos● rats of the ●ower , whose canting tales the rable believes , in a hurry ▪ and never sorry ▪ merily they still go on , fy for shame , we 're too tame , since they claim the combat ; tan , ta , ra , ra , ra , tan , ta , ra , ra , ra ; dub , a dub , and let the drum beat , the strong militia guard the throne . . when faction possesses the popular voice , the cause is supply'd still with non-sense & noise ; and toney their speaker , the rabble leads on , he knows if we prosper , that he must run . carolina must be his next station of ease , and london be rid of her worst disease . from plots and from spies , from treason and lies , we shall ever be free , and the law shall be able , to punish a rebel as cunning as he . then london be wise , &c. . rebellion ne'er wanted a loyal pretence ; these villains swear all 's for the good of their prince : oppose our elections , to shew what they dare , and losing their charter , arrest the lord mayor . fool jenks was the first o' th' cuckoldly crew , with ellis , and jeykel , and hubland the jew . fam'd sparks of the town , for wealth and renown , give the devil his due , and such as we fear , had their sovereign been there , th 'had arrested him too . then london be wise , &c. blanket fair , or the history of temple-street . being a relation of the merry pranks plaid on the river of thames during the great frost . tune , packington's pound . come listen a while ( though the weather be cold ) in your pockets & plackets your hands you may hold . i●ll tell you a story as t●ue as t is rare , of a river turn'd into a bartholomew fair. since old christmas lust there has been such a frost , that the thames has by half the whole nation been crost . o scullers i pity your fate of extreams , each land-man is now become free of the thames . . 't is some ●a●land acquaintance of conjurer oates , that has ty'd up your hands & imprison'd your boats you know he was ever a friend to the crew of all that to admiral james has bin true . where sculls once did row men walk to and fro , but e're four months are ended ' will hardly be so . should your hopes of a tha● by this weather be crost , your fortunes would soon be as hard as the frost . . in roast beef and brand ▪ much money is spent in booths made of blankets that pay no ground-rent with old fashion'd chimneys the rooms are secur'd and the houses from danger of fire ensur'd . the chief place you meet is call'd temple-street , if you do not believe me , then you may go see 't . from the temple the students do thither resort , who were always great patrons of revels & sport . . the citizen comes with his daughter or wife , and swears he ne'r saw such a sight in his life : the prentices starv'd at home for want of o●als , to catch them a heat do flock thither in shoals , while the country squire does stand and admire at the wondrous conjunction of water and fire . strait comes an arch wag , a young son of a whore , and lays the squires head where his heels ●ere before . . the rotterdam dutchman with fleet cutting scates , to pleasure the crowd shews his tricks & his feats , who like a rope-dancer ( for all his sharp steels ) his brains and activity lie in his heels . here are all things like fate are in slippery state , from the sole of the foot to the crown of the pate . while the rabble in sledges run giddily round , and nought but a circle of folly is found . . here damsels are handed like nymphs in the bath , by gentlemen-vshers with legs like a lath ; they slide to a tune , and cry give me your hand , when the tottering fops are scarce able to stand . then with fear and with care they arrive at the fair , where wenches sell glasses & crackt earthen ware ; to shew that the world , & the pleasures it brings , are made up of brittle and slippery things . . a spark of the bar with his cane and his muff , one day went to treat his new rigg'd kitchinstuff , let slip from her gallant , the gay damsel try'd ( as oft she had done in the country ) to slide , in the way lay a stump , that with a damn'd thump , she broke both her shooe-strings & cripl'd her rump . the heat of her buttocks made such a great thaw . she had like to have drowned the man of the law. . all you that are warm both in body and purse , i give you this warning for better or worse , be not there in the moonshine pray take my advice for slippery things have been done on the ice . maids there have been said to lose maiden-head , and sparks from full pockets gone empty to bed. if their brains and their bodies had not been too warm , 't is forty to one they had come to less harm . freezland-fair , or the icey bear-garden . tune , packington's pound . . i 'll tell ye a tale tho' before 't was in print ) if you make nothing on 't , than the devil is in 't 't is no tale of a tub , nor the plotting of treason , but of very strange things have been done this strange season . ye know there 's a brook , no , no , i mistook , for i could not find it , tho' long i did look ; yet i do not question , for all these odd freaks , we shall find it again when-e're the frost breaks . . if ye do believe what was told us by oats , ye never again will have use of your boats ; without ye do now imploy th' wheelers to do 't , ye never ne'r will be able to bring all about . he talkt of a plot , believe it , or not , to blow up the thames , and to do 't on the spot ; then either the doctor must now be believ'd , or else the doctor and we are deceiv'd . no water i see which does fairly incline , to make me believe that he has sprung his mine ; tho' that did not do what the doctor intended , yet he may for one thing be said to be commended : he said that the pope , pray mind , 't is a trope , wou'd send us his bulls , by the way of the hope ; and tho' for the sight we have all along bin waiting i t'other day saw on the ice a bull-baiting . . i hope you 'll believe me , 't was a fine sight , as ever i saw on a queen besses night ; tho' i must confess i saw no such dogs there , as us'd to attend on th' infallible chair . yet there were some men. whom i knew again , who bawl'd as they did , when they chose aldermen . and faith it had bin a most excellent show . had there bin but some crackers and serpents to throw . . another thing pleas'd me , as i hope for life , i saw of a man that had gotten a wife to see the rare w●imsies , the woman was sick , so never suspected a slippery trick : but when she came there , the ice wou'd not bear , but whether 't was his fault or hers , i can't swear ; yet thus far is true , had he lost his wife , he then might have pray'd for a frost all his life . there 's very fine tricks , & new subject for laughter , for there you may take a coach and go by water , so get a tarpauling too , as you are jogging , tho' a nymph t'other day for it got a good flogging . there was an old toast , of beef had a roast , which fell into th' sellar , and fairly was lost . o see in old proverbs sometimes there is truth , a man is not sure of his meat till in 's mouth . . but i had forgot my chief bus●ness i swear , to give an account of new temple street fair ; where most of the students do daily resort , to shew the great love they had always for sport . who oft give a token , i hope 't may be spoken , to whore in a mask , who squeaks like a pig a poke in to see such crack't vessels sail is a new matter , who have bin so shatter'd between wind & water . . like babel this fair 's not built with brick or stone though here i believe is as great confusion ; now blanckets are forc'd double duty to pay , on beds all the night , and for houses all day ; but there 's something more , some people deplore , their carelesly leaving open sellar door , which puts me in mind of jack presbyter's trick , who from pulpit descends the like way to old nick , . come all ye young damsels both swarthy and fair , this is the best place to put off your crackt ware ; here 's chapmen good store who too 't stifly will stand , and scorn to put coin that is false in your hand : while you 're there abiding , and on the ice gliding , let 'em say what they will , 't is but a back-sliding : but if ye shou'd prove , then say i am a prophet , tho' t is a slippery trick there shall come no more of it . there 's many more tricks , but too long to be told , which are not all new , tho' there 's none of 'em old there 's the fellow that printeth the old bailey trial who to all the dull printers does give a denyal ; he 'll print for a s●ce , ( for that is his price your name ( that you brag may 't was done ) on the ice . and faith i do think it a very fine thing , so my tale's at an end , but first , god save the king , toney's soliloquies . tune , the lamentation of a bad market . . when the plot i first invented , i was ravisht in conceit , to see its frame so well cemented , varnish'd over with deceit . it was an infant of my spirit , nay , the darling of my soul , if its contrivance be a merit , by jove the cooper did well boul. . for to give this engine motion , to arrive where it did tend , i fill'd the vulgar ears with ' notions , and gospel of my oaten friend ; i antedated all transactions , distinguisht stiles of new and old , in the state i made such fractions ; some i bought , and some i sold. . the mobile i so distemper'd , with the magick of my care , none but wou'd his soul have ventur'd where brave toney bore a share ; have i not in abomination held the miter and lawn sleeves , and itcht at a second sequestration , to pull down such ghostly theeves . . have i not taught the sanhedrim ▪ to imperate and not obey ? th' had genuflections done to them , which men to crowned heads do pay . then would i barter for repeal o' th five and thirtieth of q. bess , to make a way for commonweal , ( the centre of our happiness . ) . how many hot and high debates , in favour of th' exclusive bill , i bandy'd 'twixt the two estates , th' effects of my depraved will ! by subornation , to the block i brought , a loyal noble peer ; and trusted others to that lock , which cost my buck and me so dear . . in fine , poor profligated wretch , for to indulge my minion spight , my seared conscience i did stretch , and did old rowley's guards indict i did espouse all wickedness , and only lov'd what 's purely evil ; in that alone was my excess ; then take thy own associate , devil . rejoyce in tryumph , or a plaudite on the ottamens defeat at vienna . tune , hark how the thundring connons roar . . i 'm glad to hear the cannons roar resounding from the german shoar , better news than heretofore , that babels beast is wounded ; the christians brave , both all and some charge with the horse and kettle-drum , the enemy of christendom , till ●urks are quite confounded . . the king of poland ( in a phraise ) the great grand-seigneur did amaze , and the noise his siege did raise , couragious solymannus ! ( if you resolve to come again ) you must recruit both might and main , or else it will be all in vain , to think that thy'l trepan us . . his christian majesty of france doth booty play , the germans dance , and he doth laugh at our mischance , himself he dare not venter ; but pimp the beast , and babels whore , and he ●o-peep stands at the door , while the wanton cannon roar , then hector-like he 'l enter . . but spite on turk , and great mogul , and pox upon the scarlet trull , and we poppie too dare pull , if charles be our commander ; for though he neutral seem to be , he can command both land and sea , and over-throw the big-look'd three , and trace brave alexander . . then let no rancor joyn'd with hate make ruptures in the church or state , but all submit to divine fate , and keep within our border ; let none old england then forsake , ( since crowns and kingdoms lye at stake ) if forreign war to undertake , till charles get further order . . the germans tall that heretofore , they captive took one bull and boar , the minotaurus of a whore , did roar like any thunder ; then p. p. how could this be the great gibralter of the sea ? whose army was to fight with thee and force the world to wonder . . but ottomon pray get you gone , we christians do but draw you on ; we 'l greater booty have , or none , and if you 'l not prevent it ; if ever you turn your face this way we 'l make the cannon musick play , and you shall dance the english hay , till all your bones lament it . . our royal james will make you know the sharpness of a york-shire ho , and prove by land , and sea your foe if charles command to do it ; both england , scotland , dutch and dane , and all his islands of the m●●h will not be able to refrain ; if he once say do it . then fill the piss-pot to the swine , heap me a rousing glass of wine , the dancing thames shall pledge the rhine and tyber shall be praeses ; then here 's to charles that rules the main , to poland , holland , scot and dane , to germany , and brave lorrain ; but pray you po●us ne sis . cupid turn'd musqueteer . tune , which no body can deny . alas what 's is like to become of the plot now to●ey ●s dead , and titus is go● in so fair a prospect of going to pot ? which no body can deny . they say he has lately reviv'd an old trick , which he us'd as a med'cine when he was love sick , page , bayliff or bum to take in the nick , which no body can deny . now titus for one of his saints tutelars , had got a young fellow as brawny as mars , with a thousand invincible charms in his a — which no body can deny . a large pair of buttocks as ever was seen , with a delicate nut-brown hole between , and rascally cupid lay lurking within . which no body can deny . whence centinel-like with his gun in his hand , he spy'd out the doctor & charg'd him to stand , not doubting but he would obey his command which no body can deny . but he disobey'd ; which when cupid espy'd , he quickly presented : have-at-you he cry'd , and lodg'd him a bullet in his left side , which no body can deny , &c. 't is true he was arm'd ( as poets have told ) with only a bowe and a quiver of old , and arrows for love , which were headed with gold , which no &c. which still he does use , as h' has formerly done , when th' old way of loving he means to drive on but for this new way he makes use of a gun , which no , &c. the gun went off bounce , yet the dr. n'er started which was some effect of his being stout-hearted , for he only thought that the fellow had farted , which no body can deny . but quickly he found he had cause to repent it , for cupid had poison'd the shot●e●r he sent it , with somthing so strong , you might easily scent it . which no body can deny . this poison so basely debases loves fires , that the foulest of object ▪ ●he lover admires , and so it inclin'd the good doctor 's desires , which no body can deny . for he fell in love ( 't is a kind of a riddle ) immediately with this great fellows bumfiddle ; but chiefly he s●irkt at the slit in the middle , which no body can deny . quoth he in a rage , what a plague have you done ? your barrel is foul , i 'll lay twenty to one ; but i have a rammer will scour your gun , which no body can deny . nay , never refuse , but leave off your winking ; there 's no body near , & 't is just to my thinking , that i shou'd chastize you thus for your stinking which no body can deny . so down went the breeches , and he fell to work ; about him he laid , as he had been a turk : and so this great bus'ness was done with a jerk , which no body can deny . and truly the bus'ness was great in its kind ; for the fellow was very well scour'd behind , and the dr. was eas'd both in body and mind , which no body can deny . no protestent-plot ; or , the whigs loyalty with the doctor 's new discovery , . hells restless factious agents still plot on , and eighty three smells rank of forty one ; the royal martyrs foes pursue his son , who seek their lives with blunderbuss and guns ; the infernal regicides so inflam'd with zeal , are for killing king & duke , t' erect a commonweal this is the daily trade & practice of our modern whiggs , tho' they 're always baffled in their damn'd intrigues . . what! ho! cryes titus , rise ye sleepy heads , unless you 'l all be murder'd in your beds ; fierce hannibal of france is at your gate , come rascals , mutiny e'er 't is too late : the spanish pilgrims once hir'd to cut your throats are landed now at milford haven , believe your saviour oats ; and the horrid popish army , that were hid under ground , are , i 'll take my oath , within a trumpets sound . . see there , a fighting army in the air ! but now it vanishes , and disappears ; a spectre told strange things to honest bess , which much amaz'd the hatfield prophetess ; i told 'em true at first , what black designs would be carry●d on against the king , and royal alban● , by the discontended whiggs ; but rebel tony since , made me contradict my former evidence . . i 've lost my swearing trade , now by this hand , must i be forc'd to starve , or leave the land● my injur'd prince has long since on me frown'd , for perjuries against his life and crown : i 'll follow rumbold , wade , nelthrop , walcot , hone , with that cruel blood-hound barton , who 've all fled the town ; for if i carry here any longer , i harbour dreadful fears , that i shall be hang'd , or forfeit both my ears . . unparallel'd assassines , that could dare to attempt the life of jove's vice-gerent here : of whom the gods do take such special care , none ought to mutter treason to the air ; but cut-throat protestants may do any thing , and inform the roman catholicks how to murder kings ; they take it in great dudgeon to be equaliz'd yet their hellish crimes must pass for loyalty . . but thanks to heaven , who did curb their power , and has preserved us from that fatal hour : when villains were to massacre us all , and noll's successors to possess white-hall ; rumsey has taken up white hall for his bower , and the lord russel is gone to fortifie the tower : whilst we that stand for church and state , with great security can sing . and pray jove to preserve the life of charles our king. the loyal conquest , or destruction of treason . tune , lay by your pleading , the law ly's a bleeding . . now loyal tories may tryumph in glories , the fatal plot is now betray'd , the rest were shams and stories . now against treason , we have law and reason ; and e'ry bloody whig must go , to pot in time and season . no shamming , nor flamming , no ramming , nor damming , no ignoramus jury's now , for whigs , but only hanging , . look a little farther , place things in order , those that seek to kill their king , godfrey might murther , now they 'r detected , by heaven neglected ; in black dispair cut their throats , thus pluto's work 's effected . no shamming , nor flamming , &c. . catch grows in passion , and fears this new fashion ; lest ev'ry traytor hang himself , and spoyl his best profession . tho' four in a morning tyburn adorning ; he cryes out for a score a time , to get his men their learning . no shamming , nor flamming , &c. . now we have founded the bottom which confounded , our plotting parliament of late who had our king surrounded . hamden and others , and trenchard were brothers ; who were to kill the king and duke and hang us for their murthers . no shamming , nor flamming , &c. . surprising the tower and court in an hour , and enter in at the traytors gate , but was not in their power . our guards now are doubled , e're long they will be trebled , the harmony of gun and drum , makes guilty conscience troubled . no shamming , nor flamming , &c. . if grey is retaken , the root o' th' plot is shaken , russel lately lost his head , the bleeding cause to waken . m — h in town still , with armstrong his council ▪ the lady g — y may find him out , under some smock or gown still . no shamming , nor flamming , &c. . give 'em no quarter , they aim at crown , and garter , they 're of that bloody regiment , that made their king a martyr . leave none to breed on , they 'd make us to bleed on ; they are the bloody'st caniballs that ever men did read on . no shamming , nor flamming , no ramming nor damming , no ignoramus jury's now , for whiggs , b●t onl● hanging . state and ambition , a new song at the dukes theatre . state and ambition alas will deceive ye , there 's no solid joy but the blessing of love , scorn does of pleasure fair silvia bereave ye , your fame is not perfect till that you remove : monarch's that sway the vast globe in their glory now love is their brightest jewel of power , poor strephon's heart was ordain'd to adore ye , ah ! then disdain his passion no more . . jove in his throne was the victim of beauty , his thunder laid by he from heaven came down shap'd like a swan , to fair leda paid duty , and priz'd her far more , than his heavenly crown she too was pleas'd with her beautiful lover , she strok'd his fair plumes and feasted her eye , and he too in loving knew well how to move her , by billing begins the business of joy. . since divine powers examples have given , if we do not follow their precepts we sin , sure 't will appear an affront to their heaven , if when the gates open we enter not in ; beauty my dearest was from the beginning , ordained to cool mans amorous rage , and she that against that decree will be sinning in spring , she will find the winter of age. . think on the pleasure while love 's in its glory , let not your scorn loves great altar disgrace , the time may come when no swain will adore ye or smooth the least wrinkle age lays on your face ; then hast to enjoyment whilst love is fresh blooming , and in thy height and vigour of day . each minute we lose , our pleasure 's consuming , and seven years to come , will not one past repay . . think my dear silvia , the heavenly blessing , of loving in youth , is the crown of our days , short are the hours where love is possessing ; but tedious the minuits when crost with delays love 's the soft anvil where nature's agreeing , all mankind are form'd , and by it they move , 't is thence my dear silvia and i have our being , the caesar and swain spring from almighty love. . i see my dear silvia at last has consented , that blush in your cheek does plainly appear , and nought but delay shall be ever repented , so faithful i 'll prove , and so true to my dear then hymen prepare , and light all thy torches , perfume thy head altar , and strew all the way , by little degrees love makes his approaches , but revels at night for the loss of the day . pluto , the prince of darkness , his entertainment of collonel algernoon sidney , upon his arrival at the infernal palace tune , hail to mirtle shade , pluto . room for great algernoon , you furies that stand in his ●ay ; let an officer to me come , who serv'd me every day , promoting sedition and evil , to alter the church and state , he deserves an imployment in hell , he has done great service of late . pluto . he 's one of the damn'd old crew , who voted the death of the king ; at oxford again he did sue to be at the self-same thing . all mischiefs on earth he devis'd , all hazards he also did run , to render my name solemniz'd with the rabble of london town . pluto . to monarchy he was a foe , religion he always disdain'd , ' gainst government and laws too , damn'd anarchy he maintain'd : i 'll give thee preferment here , since england has banisht thee thence , brave sidney thou need'st not fear , thou shalt have great recompence . shaftsbury . now monarchy has prevail'd , our fanatick plots to defeat , on whom is the cause entail'd ? who 'l stand it in spight of fate ? we that maintain'd it so long from justice were forced to flye ; if you then had come along , you needed not there to die . essex . the factious are quite undone , for loss of the fanatick peers : now shaftsbury and i are gone , poor oates has lost his ears ? for m — h our shams and intrigues to th' world has plainly declar'd , and h — d our solemn leagues , in the plot a long time prepar'd . russel . i 'm glad you are safe arriv'd , tho' i doubt you met jack by the way now m — h is reconcil'd , what a plague is become of gray ? rebellion could ne'r disallow conspiring against the prince , though i by a sham-dying vow did plead great innocence . the kings health , set to farrinel's grounds . in six parts , first strain . joy to great caesar , long life , love and pleasure ; 't is a health that divine is , fill the bowl high as mine is ; let none fear a feaver , but take it off thus boys ; let the king leave for ever , 't is no matter for us boys . second strain . try all the loyal , defy all , give denial ; sure none thinks his glass too big here , nor any prig here , or sneaking whig here , of cripple tony's crew , that now looks blew , his heart akes too , the tap wo'nt do , his zeal so true , and projects new , ill fate does now pursue . third strain . let tories guard the king , let whigs in halters swing ; let pilk and shute be sham'd , let bugg'ring oates be damn●d ; let cheating player be nick'd , the turn-coat scribe be kick'd ; let rebel city don 's never beget their sons ; let ev'ry whiggish peer that rapes a lady fair , and leaves his only dear the sheets to gnaw and tear , be punish'd out of hand , and forc'd to pawn his land t' attone the grand affair . fourth strain great charles , like jehovah , spares those would un-king him , and warms with his graces the vipers that sting him ; 'till crown'd with just anger the rebels he seizes : thus heaven can thunder when ever it pleases . jigg . then to the duke fill , fill up the glass , the son of our martyr , belov'd of the king ▪ envy'd and lov'd , yet bless'd from above , secur'd by an angel safe under his wing . sixth strain . faction and folly , and state melancholly , with ●ony in whigland for ever shall dwell ; let wit , wine , and beauty , then teach us our duty , for none e're can love , or be wise and rebel . a new song on the instalment of sir john moor lord mayor of london . tune , st. george for england . you london lads rejoyce , and cast away your care , since with one heart and voice sir john is chosen mayor ; the famous sir john moore , lord mayor of london town , to your eternal praise , shall stand a subject of renown , amongst your famous worthies who have been most esteem'd ; for sir john , sir john , your honour hath redeem'd . sir john he 's for the kings right , which rebels would destroy . vive , vive , vive le roy. when with a hide-bound mayor the town was in distraction , sir john leapt in the chair , and cur'd the hall of faction : he to the people shew'd their duty and allegiance ; how to the sacred king and laws they pay their due obedience . sir george unto the people a loyal speech did give ; but sir john , sir john , your honour did retrieve . sir john is for allegiance , which rebels wou●d destroy . vive , vive , vive le roy. when thou wast lost , o london , in faction and sedition ; by whigs and zealots undone , while they were in commission ; when treason , like old nol's brigade , did gallop through the town , and loyalty , ( a tir'd jade , ) ●ad cast her rider down ; the famous sir george jeffereys your charter did maintain ; but sir john , sir john , restor'd your fame again . sir john is for the monarchy , which rebels wou'd destroy . vive , vive , vive le roy. when th' mayor , with sheriffs mounted , sad jalousies contriv'd , and all the town run after , as if the devil driv'd , then famous sir john moore thy loyalty restor'd , and noble sir george jefferys , who did thy acts record : sir george of all the heroes deserves the formost place ; but sir john , sir john , hath got the sword and mace. sir john he is for justice , which rebels wou'd destroy . vive , vive , vive le roy. sir patience would have the court submit unto the city ; whitehall stoop to the change , and is not that a pity ? sh. bethel ( save allegiance ) thinks nothing a transgression : sir tom rails at the lawful prince , sir bob at the ●uccession : while still the brave sir george does their fury interpose : but sir john , sir john maintains the royal cause . sir john is for his highness , whom rebels wou'd destroy . vive , vive , vive le roy. sir patience for a parliament , sh bethel a petition instead of an address , cram'd brimful of sedition . sir tom he he is for liberty , against prerogative : sir bob is for the subjects right , but will no justice give : and brave sir george does all their famous deeds record ; but sir john , sir john your loyalty restor'd . sir john he 's for the int'rest , which rebels would destroy , vive , vive , vive le roy. sir patience he calls for justice , and then the wretch will sham us . sh● bethel he packs a jury well vers'd in ignoramus : sir tom wou'd hang the tory , and let the whig go free : sir bob wou'd have a● commonwealth , and cry down monarchy . while still the brave sir george does all their deeds record ; but sir john , sir john your loyalty restor'd . sir john he is for justice , which rebels wou'd destroy . vive , vive , vive le roy. and may such loyal mayors as honest sheriffs find ; such sheriffs find a jury will to the king be kind ; and may the king live long , to rule such people here ; and may he such a lord mayor find , and sheriffs every year ; that traytors may receive the justice of the laws , while sir john , sir john maintains the royal cause . sir john is for the king still , whom rebels would destroy . vive , vive , vive le roy. the whig-intelligencer : or , sir samuel in the pound , for publishing scandalous and seditious letters , for which he was flu'd l. tune , hark! the thundring cannons roar . . hark ! the fatal day is come , fatal as the day of doom , for sir samuel there make room , so fam'd for ignoramus : he whose conscience cou'd allow such large favours you know how , if we do him justice now , the brethren will not blame us . . stand to the bar , and now advance , morden , kendrick , otes and prance ; but let the foreman lead the dance , the rest in course will follow ; tilden , kendrick , next shall come , and with him receive their doom , ten thousand pound , at which round sum the hall set up a halloo . brave sir barnard — on now , who no main would e'r allow to lose ten thousand at a throw , was pleas'd to all mens thinking : ten thousand pounds ! a dismal note , who before had giv●n his vote , not to give king a groat , to save the throne from sinking . but yet there 's a remedy , before the king shall get by me , i 'll quit my darling liberty ; nor will i give bail for 't : for e're the crown shall get a groat in opposition to my vote , i●ll give 'em leave to cut my throat altho' i lye in goal for 't . . were 't for mon — h , i 'de not grieve , o● brave russel to retrieve , or that sidney yet might live , twice told , i 'd not complain , sir : nay , what 's more , my whole estate , with my bodkins , spoons , and plate , so i might reduce the state to a commonwealth again , sir. . or that mon. were in grace , or sir sam. in jeffery's place , to spit his justice in the face , for acting law and reason , or that the torys went to pot , or we could prove it a sham plot , or essex did not cut his throat ; or plotting were not treason . . thus i 'd freely quit my coyn ; but with torys to combine , or keep the heir in the right line , that popery be in fashion , to see the holy cause run down , while mighty york is next the crown and perkin's forc'd to flye the town : oh vile abomination ! . sooner than ●bedience owe to their arbitrary law , or my bail in danger draw , for breach of good behaviour ; i with bethel , and the rest o' th' birds , in cage will make my nest , and keep my fine to plot and feast , till mon — be in favour . oates thrash'd in the compter , and sack'd-up in newgate . tune , hail to the myrtle shades ; &c. . hail to the prince of the plot , all hail to the knight of the post ; poor titus ! 't is now thy lot to pay for all the rost : from wine and six dishes a day is sure a deplorable fate , to fall to the basket , and pray for an alms through an iron-grate . . titus who once was a prince , now titus a captive in gaol ; titus who lov'd a wench , or any thing wore a tail ; titus who made a full pass at a following bum in the room , is clapt up himself by th' ar — , and cannot reverse his doom . . did titus swear true for the king , and is the good doctor forsworn ? did titus our freedom bring , and otes in newgate mourn ? was titus the light of the town , the saviour and guardian proclaim'd , and now the poor doctor thrown to a dungeon , in darkness damn'd ? . but now , to declare the cause , i 'll tell you as brief as i can , the doctor can't in the close prove titus an honest man : can titus be just to the king , from treason and treachery free , when the doctor hangs in a string , for plotting and perjury ? . for damage the doctor has done , poor titus is got in the pound , 'till the doctor produce the sum , full thirty thousand pound : if you knew on what damnable score such perilous words he brought forth , you 'd say his false tongue cost more than ever his head was worth . . the doctor an evidence against our great duke did come in ; nay , such was his insolence , to impeach our gracious queen : for which such indictments are brought , such actions of scandal crowd in , that titus could wish , t is thought , he were out of the doctor 's skin . . nay , further , while titus swore for the safety and life of the king , the doctor began to roar , and belch'd out his poyson'd sting : the doctor for titus may stretch , h' has so brought his bus'ness about , without the kind help of ketch it 's fear'd he will scarce get out : . through sixteen close key-holes , 't is plain , invisible titus did pass , and the doctor got back again , to catch a great don at mass : but now they are both in the trap , 't is a wager but jack in the fields , ( tho' titus may chance to ' scape , ) has the doctor fast by the heels . a new way to play an old game . tune , would you be a man of fashion , . have you heard of forty-one sir , when the cause did thrive amain ; tony's tap did freely run sir , tap did freely run sir , and confronted charles his wain ? when the commons thought it reason , and a meritorious thing , to use villany and treason , and made charles a glorious king. have you heard of eighty-three sir , when a deeper plot was lay'n , when the rascals did agree sir , rascals did agree sir ? to play o're the same again ? when to act their reformation , nought their fury would suffice ; but they needs must purge the nation , by a royal sacrifice . . have you seen those motly-martys , that did suffer for the cause , swinging in their tyburn garters , in their tyburn-garters , to attone their sacred laws ? if the blunderbuss ▪ shou'd miss sir , and shou'd fail to kill the king , there are other means should hit sir , and perform the glorious thing . . to his name a statue's due sir. higher than the monument , who this mighty deed shall do sir , mighty deed shall do sir , so great , so good , so excellent : future ages shall him crown sir , and shall bless the happy hour , and religion shall fall down sir , and adore her saviour . . thus the boasting bigots canted , ( big with hopes of common-weal ) thus the priestly villain ranted , priestly villain ranted , in a drunken sit of zeal : but their plots were all in vain sir , and their haughty rash career , signs and wonders make it plain sir , kings are heavens peculiar care. the loyal irish-mam . tune , irish trot , or fingaul jigg . . my bony dear shony , my crony , my honey why dost thou grumble and keep in thy words so ; sighing , and crying , and groaning , and frowning , ah why dost thou still lay thy hand on thy sword so ? what if the traytors will talk of state-matters , and rail at the king , without cause or reason : we 'll love on , and let business alone , for billing and kissing will ne'r be found treason , . plotting , and sotting , and railing , and fooling ; gods nowns , with the rable is now all the fashion : swearing and tearing , caballing and brawling ; by chriest and st. patrick will ruine the nation : he 's but a widgeon that talks of religion since rebels are now the reformers and teachers , sodom's disciple debauches the people , good heaven defend us from more of such preachers . . visions , seditions , and railing petitions , the rable receive , and are wondrous merry : all can remember the fifth of november , but no man the thirtieth of january : talking of treason without any reason , will lose the poor city it s bountiful charter : the commons haranging . will bring them to hanging , though each puppy hopes to be knight of the garter . . c — on and p — on papillion that villain , with cornish and ward are the monarchy hunters ; rascals too low are , to lodge in the tower , and scarcely are fitting to fill up the compter ; bethel is ●led too , and toney is dead too , our fate to befriend us , made bold to strike sirs : routed the bigot , and pull'd out the spigot , his fame and his body now stink alike sir. a litany from geneva , in answer to that from st omers . from the tap in the guts of the honorable stump , from which runs rebellion , that stinks like the rump , on purpose to leven the factious lump , libera nos domine . from him that aspires as high as the crown , and vows to pull copes and cathedrals down , fit only to govern the world in the moon . libera nos . from the prick-ear'd levite , that can without pain swear black into white , then vnswear it again ; whose name did design him a villain in grain , libera nos . from his black-bills , and pilgrims with sticks in their hands that came to make a religious band , then ravish our wives , and inhabit our land , libera nos . from the mouth of the city that never gives o●r to complain of oppressions unheard-of before , and yet for his letchery will not quit score , libera nos . from the cent per cent scriv'ner , & all his state-tricks that cryer out of intemp'rance , who yet will not stick to clear a young spend-thrift's estate at a lick , libera nos . from the force and the fire of the insolent rable , that wou'd hurl the government into a babel , and from the nice fare of the mouse-starver's table libera nos . from the elder in new street , that goggles & cants then turns up his whites , to nose it , and pants , and at the same time plays the devil and saint , libera nos . from jenkin's homilies drawn through the nose , from langley , dick , baldwin , and all such as those , and from brawney settle's poem in prose , libera nos . from a surfeit occasion'd by protestant feasts , from sedition for sawce , and republicks for guests , with treason for grace-cup , or faction at least , libera nos . from the conscience of ci●s resembling their dames , that in private are nice , but in publick so tame , that they will not stick out for a touch of the same , libera nos . from the blind zeal of all democratical tools , from whigland , and all its anarchical rules , devised by knaves , and imposed on fools , libera nos . from the late times reviv'd , when religion was gain , and church-plate was seiz'd for reliques prophane , since practic'd by searching sir william again , libera nos . from such reformation where zealots begun , to preach heaven must by firm bulwarks be won and te deum sung from the mouth of a gun , libera nos . from parliamentarians , that out of their love and care for his majesty's safety , wou'd prove the securest way were his guards to remove , libera nos . from sa●cy petitions , that serve to inflame us , from all who for the association are famous , from the devil , the doctor , & the damn'd ignoramus libera nos . the norwich loyal litany . defend us from all popish plots , that so the people fray ; and eke also from treacherous scots , as bad or worse than they . from parliaments long rumps and tails , from house of commons furies , defend us eke from protestant flayls , and ignoramus juries . protect us now , and evermore , from a white sheet and proctor : and from that noble peer brought o're the salamanca doctor . a doctor with a witness sure , both in his rise and fall : his exit almost as obscure as his original . designs and dangers far remove , from this distressed nation , and damn ' the trayterous model of bold tony's association and may the prick-ear'd party that have coin enough in cupboard , forbear to shiver an estate , and splinters mount for hobart . from sixteen self-conceited peers , protect our soveraign still ; and from the dam'd petitioners , for the exclusive bill . guard ( heaven ) great charles , and his estate ' gainst tony upon tony ; and from the house of commons , that will give the king no money . from those that did design and laugh , at tangier in distress ; and were mahometans worse by half , then all the moors of fez from such as with usurping hand , drive princes to extreams ; confound all their devices , and deliver charles , and james . but may the beauteous youth come home , and do the thing that 's fit , or i must tell that absalom , he has more hair then wit. may he be wise , and soon expel th' old fox , th' old fawning elf ; the time draws nigh achitophel , shan't need to hang himself . this jury i 've empanel'd here , of honest lines and true , whom you●l i doubt at westminster , will find ignoramus too . a new litany to be sung in all conventicles for instruction of the whigs tune , call●d cavalilly man. . from counsels of six ▪ where treason prevails , from raising rebellion in england and wales , from rumbolds short cannons , and protestant-flayls ▪ for ever o fate deliver me . . from shaftsbury's tenets , and sydneys old hint . from seizing the king by the rabbles consent , from owning the fact , and denying the guilt , for ever , &c. . from aiming at crowns and indulging the sin , from playing old-noll's game over again ; from a son and a rebel , stuft up in one skin , for ever , &c. . from swearing of lyes like a knight of the post , from pilgrims of spain , that should land on our coast , from a plot like a turd , swept about till its lost , for ever , &c. . from oats's clear evidence when he was vext , from hearing him squeak out hugh peters old text ▪ from marrying one sister , and raping the next , for ever , &c. . from tedious confinement by parliament votes , from b — t s whig sermons with marginal notes ; from saving our heads , by cutting our throats , for ever , &c. . from presbyter bandogs , that bite and not bark , from losing ones brains by a blow in the dark ▪ from our friends in more-fields and those at more-park , for ever , &c. from citizens consciences and their wives foul itch , prom marrying a widdow that looks like a witch , from following the court with design to be rich , for ever , &c. . from trimmers arraigning a judge on the bench , from slighting the guards , that we know will not flinch , and from the train'd-bands royal-aid at a pinch , for ever , &c. . from all that to caesar sham duty express , that cringe at his coach , and smile in his ●ace , and two years ago thought it scorn to address , for ever , &c. . from having the gout , and a very fair daughter , from being oblig'd to our friend cross the water from strangling & fleying , & what follows after , for ever , &c. . from wit that lies hidden in gay pantaloons , from womens ill nature as frail as the moons , from francky's lame jests , and sir rogers lampoons for ever o fate deliver me . songs never before in print . a new song made on the parliaments removing from london to oxford . tune , you yorkshire lads be merry , &c. . ye london lads be merry , yere parliament friands are gene ; that made us an so sorry , and wou'd not let us alene : but pecht us e'ry ene , both papist and protestant too ; but to oxford they are gene , and the deel gang with them i trow . . our gude king charles heven bless him , protecting of albanies right ; received from the howse sike a lesson , 't was like to have set us at strife ▪ but charles he swore by his life , heed have ne mete sike a dow ; and he packt them off by this light , and the deel's gang'd with them i trow . . there 's essex and jemmy the cully , were mickle too blame i dreed : with shaftsbury that states●bully , and aw the factious breed : and wittal g — gud deed , who pimps when his wife doth mow , and holds the door for a need , but the deel will reward him i trow . fool thin and half-witted m — t , with lo — ce , and slabbering k — t ; with gogling flee-catching b — don that nere knew yet what he meant ; and st — rd follows the scent with politick armstrong and how , and they all a petitioning went , and the deel ●s gang'd with them i trow . . then heven protect great albany , guide him from pistol and gun , and all the plots of anthony , that malitious baboon : tho● sham'd on the pope of rome ▪ as dugdale and oats do avow ; but in time they 'l hang the fause loons , and the deel hang with them i trow . a new song , to the tune , ye london lads be merry , &c. . you loyal lads be merry , for perkin that state buffoon , despis'd by whig and by tory , for being so fause a loon : to sham the court and the town , and muckle did swear and vow : but like prance he has chang'd his tone and the d●el gang with him i trow : . his party had taught him his lesson , and low he did sue for grace ; he whin'd out a doleful confession , how great a traytor he was ; and begg'd his pardon might pass , for he was a penitent now ; but he bid the court kiss his arse , and the deel's gang'd with him i trow . and once more he 's got above hatches , and means to set up for a king ; the politicks of his scotch dutchess , this matter about did bring : ods wunds she longs to be queen , if perkin and she knew how ; and yet in a hempen-string , they may gang to the deel i trow . . and this last mark of his treason , is muckle exceeding the rest , to aw lads of sense and of reason ; t' has gain'd him many a curse : he might have been then at the worst drawn in for a cully of shew , but now 't is past all distrust , that the deels gang'd with him i trew . now heaven bless charles the second , and grant him of brutus ●s mind ; and then his nene son will be reckon'd among the trayterous kind , and equal justice will find , by god and st. andrew i trow ; were he o' my daddy 's nene kind , he should gang to the deel i trew . the discoverers discover'd . a new tune , . down discoverers , who so long have plotted with holy shams to gull the nation , both peer and prelacy they useless voted , by the old babes of reformation : property 's all their cry , rights and freedom , laws and religion they pull down ; with old intestine launce to bleed them , from lawn-sleev'd prelate to purple throne . confound the hypocrites , brumighams royal , who think allegiance a trangression ; since to oppose the king is counted loyal , and to rail high at the succession : monarchy's tyrany , justice is cruel , loyalists , tories , and rory knaves ; and dagons liberty's a jewel , that we again may be brewers slaves . . drink , drink my boys since plotting is in season , and none loyal call'd but busie brats of faction rome , rome no more thy holy treason , we have those at home of more divine extraction ▪ we have peers and parsons , smiths and coopers too , carpenters and joyners of the reformation ; all your brood of cloister'd jesuits out-do to reduce to duty a divided nation . . let whigs and zealots dable deep in treason , and suck from the spiggot heavenly revelation ▪ we in the glass will find more solid reason , and our hearts enflam'd with nobler inquisition , let them boast of honest brumighams and true , and with those compose the kirk of separation : we have honest tories ▪ tom ▪ dick and hugh , we 'll drink on and do more service for the nation . fanatick zeal , or a looking-glass for the whiggs . tune , a swearing we will go , &c. . who wou'd not be a tory , when the loyal are call'd so , and a whig is known , to be the nations mortal foe ; so a tory i will be , will be , will be , and a tory i will be . . with little band , precise hair presbyterian cutt ; whigg turns up hands and eyes tho' smoaking hot from slut , so a tory i will be , &c. . black cap turn'd up with white , with woolfish-neck and face ; and mouth with none-sense stuft , speaks whigg a man of grace ; and a tory i will be , &c. . the sisters go to meetings to meet their gallants there ; and oft mistake for my lord , and s●ivle out my dear ; and a tory i will be , &c. . example we do own , then precept better is ; for creswel she was safe , when she liv'd a private miss . and a tory i will be , &c. . the whigs tho' ne'er so proud , sometimes have been as low ; for there are some of note , have hung a raree-show . and a tory i will be , &c. . these mushrooms to have got for their champion turn coat hick , but if the naked truth were known , they 'r assisted by old n●ck and a tory i will be , &c. . to be , and to be not at once , is in their power ; for when they 're in they 'r guilty , but clear when out o' th' tower ; . to carry on their designs , tho 't contradicts their sense ; they 'll clear a whiggish traytor , against plain evidence , and a tory i will be , ●c . . the old proverb does tell us , each dog will have his day ; and pill has had his too , for which he 'll soundly pay ; so a tory i will be , &c. . for bodkins and for thimbles , now let your tubsters cant ; for your confounded tyr'd cause , ●ad never yet more want ; so a tory i will be , &c . for ignoramus toney , has left you in the lurch ; and you have spent your money , so faite e'en●come to church ; so a tory i will be , &c. : they are of no religion , be it spoken to their glories , for st peter and st. paul , with them both are tories ; and a tory i will be , &c. they 're excellent contrivers , i wonder what they 're not ; for something they can make of nothing , and a plot ; . but now your holy cheat is known throughout the nation ; and a whigg is known to be a thing quite out of fashion ; and a tory i will be , will be , will be , and a tory i will be . a new song on the old plot. tune , tangier march. . let the whigs repine and all combine , in a damn●d association : let tony fret , and perkin sweat , that their plot 's grown out of fashion , since our royal jemmey's come again to spoil their usurpation ; rising like the splendid sun , to cheer the drooping nation . . you dull sham prince , whose impudence to a throne would be aspiring , see the rabble crowd that made you proud , have ceas'd their loud admiring : curse in time those rogues of state , that taught you rebel notions ; and at the true successors feet pay all your just devotions . . let bully tom receive his doom , so long since due in reason ; for murders then , and now again for mutiny and treason : to kidnap cully , still has been his business of importance ; and now poor perkin has drawn in , and rook'd out of his fortunes . in old laws we find , the cockold's kind to those that do cornute him ; or why should gray the traytor play , and to perkin be supporting ? but the co●comb fain would be a wittal to a king too ; that his bastards may again , rebel for some such thing too . . but of all fools , a pox on tools , that against all law and reason ; the cause maintain , without the gain or the profit of the treason : what from wit , or courage , hopes , that gaping cully brandon ; that does to mungrel perkin stoop , and the royal side abandon . . fat turnspit franck with wit so ranck , has some excuse for starting ; whom we despise , in time may rise , to be jester to king perkin : but for essex , s — d , gray and k — t , those fools of land and money ; why what the deel was their intent to set up rebel tony. . the polish prince has some pretence , to be whigland rabbles hector ; and with reas●n too may head the crew , and in time become protector : since ambition and revenge are motives very moving ; but a plague on fools that him do bring , to rogues must rule above him . . oh! ye tapland crew that treason brew , and of tony make an idol ; and perkin sham with king in name , the king of the golden medall . curse and damn the black-cabal , that inspir'd your rebel knowledge ; e're billa vera find you all the fate of pious colledge . the whigs downfall . tune , hey boys up go we . now , now the antichristian crew shall all go down , because our magistrates do well pursue , and execute the laws : those rascals who do always rail against all law with spight ; would make a law against the law , great york should loose his right . to perfect which , they made their choice of parliaments of late , of members that had nought but voice , and megrims in their pate : wi. williams he the speaker was , and is 't not wondrous strange ; the reasons plain , he told it was , because they would not change . he told you truth , nor think it strange ; he knew well their intent , they never meant themselves to change , but change the government : for now cry they the king 's so poor , he dares not with us part ; and therefore we most loyally will break his royal heart . the habeas corpus act is past , and so far we are safe ; he can't imprison us so fast , but strait we have relief : he can't deny us ought we ask , in so much need he stands ; and before that we do money give , we 'll tye up both his hands . the presidents of forty one , which were till forty eight ; now our presidents are grown , for why they had their weight : so weighty were they , they cut off our royal monarch's head ; the self same reason bids us now , to act the self same deed . and when we have a martyr made of another gracious king , then all the ●aiterous plots we 've laid , we to perfection bring : and to protect our wicked deeds , religion shall go down ; we●ll ●out out all the royal seed , pretenders to the ●ro●n . thus having monarchy destroy'd , we 'll govern by free-will ; the light of the spirit shall be our guide , then what man can do ill : religion is the surest cloak to hide our treachery ; the rabble we 'll confine to th' yoak pretending to set free. therefore my country men , trust not where religion 's the pretence ; for if you do , you 'll find a plot to destroy your innocence : for those who lead you to rebel , you 'll find i' th' close to be , pure instruments were sent from hell to foment treachery . the downfall of the good old cause . tune , hey boys up go we. now the bad old cause is tapt , and the vessel standeth stoop'd ; the cooper may starve for want of work , for the cask shall never be hoop●d : we will burn the association , the covenant , and vow ; the publick cheat of the nation , anthony , now , now , now . no fanatick shall bear the sway , in court , city , or town ; three good kingdoms to betray , and cry the right line down : let them cry , they love the king ; yet if they hate his brother , remember charles they murdered , and so they would the other . weavers and such like fellows in pulpit daily pret ; like the covenanters , against the church and state : yet they cry , they love the king ; but their business will discover , charles the first they murdered , and so they would the tother . where these fellows go to drink , in city or in town ; they villify the bishops , and they cry the stewarts down ; still they cry , they love the king , but their business i 'll discover ; charles the first they murdered , and so they would the tother . when the king wanted money , poor yangier to relieve ; they cryed down his revenue , not a penny they would give : still they cry'd , they love the king ▪ but their business i 'll discover ; charles the first they murdered , and so they would the tother . the noble marquess of worcester , and many such brave lord ; by the king-killing crew , they daily are abhor'd : and call'd evil councello●s , when the truth they did discover ; and charles the first they murdered , and so they would the tother . the papists they would kill the king ▪ but the fanaticks did ; their perjuries and treacheries are not to be parallel'd : let them cry , they love the king , their faults i will discover ; charles the first they murdered , and so they would the tother . charles the d. stands on his guard , like a good politick king ; the fanaticks ought to be abhor'd , for all their flattering : let them cry , they love the king , their tricks i will discover ; charles the first they murdered , and so they will the tother . now let all good subjects be that bear a loyal heart ; stand fast for the king , and each man act his part : and to support his sovereign , religion and the laws , that formerly were establish'd , and down with the cursed cause . jack ke●ch's new song ; or , a warning to conspirators . tune , . i hang , and behead , until you be dead , o dire ! raw head , bloody bones , fling members and stones in the fire . . is 't not better be merry with claret and sherry ; 't is reason , then to have your soul let out at your poll , for treason ▪ . your brains for to puzle , like walcot and russel conspiring ; 't is better be swilling , then plund'ring , and killing , and firing . 't is better to save one's neck , and be brave , or be sotting ; then have a chop with a hatchet , or a halter to stretch it for plotting . . the drunk , and the brave , nor traytor , nor knave , can be ever their deaths he defyes , but at tilting , he dies or a feavor . . to be traytor proclaim'd , describ'd , and be nam'd , and money — this 't is , to be cullies , to the vilest of bullies old tony. to be frighted each hour , with newgate , or tower , and trying . conviction , and sentence , at tyburn repentance and dying . then leave plotting , and treason , to the void of all reason and sense ; your pardon , jack cries , 't is the whigs i advise , no offence . a song of the light of the nation turn'd into darkness . tune , called cavalilly-man . come all you caballers and parliament votes , that stickl'd for hanging & cutting of throats lament the misfortune of perjur'd otes . who first must be pillor'd , and after be hang'd . what devil suspected this , years agon , when i was in hopes to hang up half the town , i swore against miler , and cursed the crown , but now must be pillor'd , and after be hang●d . i curs'd the bishops and hang'd up the priests , i swore my self doctor , yet never could preach , but a cant full of blaspemy's all i could reach , i first must be pillor'd , and after be hang'd . now otes is i' th' cupboard & manger with colt , the caldron may boyl me for fear i should molt , here i 've ne'r a bum for a wheel-barrow jolt , yet now must be pillor'd , and after be hang'd . my thousand commissions and spanish black-blls , invisible armies lodg'd upon hills , such old perjur'd nonsence my narrative fills , that i now must be pillor●d , and after be hang'd . my twelve pounds a week , i want to support ▪ for stinking i' ch' city and fouling the court , like the devil in dungeon , i 'm now hamper'd for t . a first must be pillor●d , and after be hang'd . they hang us in order the devil knows how , 'zounds all that e●e put ●ne paw to the plow , i ne'r fear'd the devil would fail me till now , that i first must be pillor'd , and after be hang'd . for calling the duke a papist and traytor , i often have call'd the king little better , i 'm fast by the heels like a beast in a fetter , i first must be pillor'd , and after be hang'd . i swore that the queen would poyson the king ▪ that wakeman had moneys the poyson to bring ▪ when i knew in my heart there was no such thing . i now must be pillor'd , and after be hang'd . i 'm resolv'd to be hang'd dead drunk like hugh peter , if i can but have my skin stuft with good liquor , then i shall limp to old tapskie much quicker . but i first must be pillor●d , and after be hang'd . a new sgng. to the tune of young jemmy . . 't was a foolish fancy jemmy , to put your trust in tony ; he dipt ye all in treason , then humbly dy'd in season ; when his spiggot dropt out , the plot came about ▪ far beyond your graces reason . . 't were fit you 'd mind these matters , and help your brother traytors ; you left your friends together , to shift for one another ; who you well all know , were in portingal-row with a lady and her mother . . when you went from jerman-street sir , your friends you went to meet sir ; poor betty was much griev'd sir , you could not be believ'd sir ; had she been in the way , you had carry'd the day ; but alas you were deceive'd sir. . franck n — t 's wondrous hearty . and argues for the party ; his parts are most inviting , and lately shin'd in writing ; and he hath in his face , as much wir as you 've grace ; which to say the truth is biting . . thus sir while you 're attended , your troubles will be ended ; keep franck still for your writer , and p — y for your fighter and to add to your sway , turn ● — r away , ●d make poor ha — t fright her . . 〈◊〉 for — s have a place too , ●bout your mighty grace too ; ●h — ton hath great reason 〈◊〉 look out sharp in season , 〈◊〉 gibbons his place 〈◊〉 a nobler race ; 〈◊〉 ●ake sir r — d m-n. . 〈◊〉 he hath more wit than any ●o turn and wind the penny ; h●l lye beyond all measure , 〈◊〉 pimping is his pleasure ; a● he 's for his part , ●ore a rogue in his heart , t● gray or armstrong either . . may friends like these protect ye , and only these respect ye ; may halters , chains and fetters , crown all rebellious traytors ; then in a short space i 'll wait on your grace , with a list of all your creatures . oates's bug — bug — boarding-school , at camberwell . tune , lord russel's farewel . rowse , rowse my lazy mirmidons , and muster up our tribe ; see how the factious fancies stand , to trim or cross the tyde : invite 'em to my vaulting school , the saints for freedom tell ; how they may live without controul , with me at camberwell . there all provision shall be made to entertain the best , old mother creswel of our trade , for to rub down our guests ; three hundred of the briskest dames , in park or field e're fell : whose am●rous eyes shall charm the flames o' th' saints at camberwell . for my own spending i will keep of boys three hundred more , they are to my appetite , more sweet then bawd or bucksom whore : the turks seraglio we 'll revive , he sinks so fast for hell : our english turks may plot and thrive , with me at camberwell . that sacred place shall tempt his grace , once more from friends to fall : he 'll leave these new-fond sweets to trace both moor-park and whitehall ; for gray and tom ●t shall be their home , to kiss secure and dwell ; where e'ry lass shall hug his grace , ●n my sweet camberwell . ●ence shall from the cock-loft creep , ●nd here have free-access : 〈◊〉 ●ear and drink to whore and sleep , ●h virtues we profess ; 〈◊〉 his pots of venison , 〈◊〉 ●ook for priests , may sell : ●ber-necklaces make known 〈◊〉 saints at camberwell . 〈◊〉 may meet his mistress here , ●times sir robert's wife ; ●ree from care in joys may share , ●ay prolong ones life : ●daring gibbet 'fore my gate , 〈◊〉 tear him down to rights ; 〈◊〉 ●se no emblems of ill fate , ●ll fright our amorous nights . ar● and lob , and ferguson , ●d all absconding saints ; ma●●afely to their saviour come , ●d taste our sweet content : ou●●rgest rooms to frisk and sport , ●s round , and curtains drawn ; the life and scene of venus court , excelling englands throne . all naked round the room we 'll dance , fine limbs and shapes to show : in pairs by candle-light advance , in dazeling postures go : here every man obtains his choice , sister , madam , or nell : we 'll have papillion and duboys , to my sweet camberwell . the royal admiral , an excellent new song on his illustrious highness the duke of york his ●ing confirm'd high-admiral of england . . faction and folly ( alas ! ) will deceiv● you , the loyal man still the best subject d● ●ve ; treason of reason ( poor whig ) will berea● 〈◊〉 ; you cannot be bless'd , till this curse yo● 〈◊〉 . charles our great monarch , when heav'n di●●tore with his royal brother , safe on our s● him. ordain'd us , that we next our king shou●●re then johnson play the apostate no mo● ●im , . clayton may fret , and bring vows of obedience to ferguson , baxter , to curtis and care ; patience approach with pretended allegiance to his sov'reign lord , yet oppose the right heir can he pretend to be honest or loyal , nay though he late at westminster swore , and yet the next day will ( like perkin ) deny all , whate●r he said , or swore to before ? . let trenchard and hambden stir up a commotion , their plotting and voting will prosper no more ; now gallant jemmy commands on the ocean , and mighty charles keeps them in awe on the shoar . let lobb and ferguson preach up sedition at coffee house , conventicle , cabal , now jefferys is justice , and york in commission , their scandal and plots shall pay for 'em all . . jemmy the valiant , the champion royal , his own and the monarchs rivals withstood ; the bane and the terrour of all the disloyal , who spilt the late martyr's , and sought for his blood jemmy who quell'd the proud foe on the ocean , and reign'd the sole conqueror over the main to this brave heroe let 's all pay devotion , since he is englands admiral again . . york our great adm'ral , the oceans defender , the joy of his friends , & the dread of his foes , the lawful successor , what bastard-pretender ( whom heav'n the true heir has ordain'd ) dare ●ppose ? 〈◊〉 who taught the scotch rebels allegiance , and made the high dutch his standard to low'r , in time will reduce the proud cit to obedience , and make the false whig fall down and adore . . let bethel and hambden lie shopt for their treason , and for the new factions express their old zeal ; let false sir samuel rail on without reason , and ev'ry night dream of a new commonweal ; plotters be brought with their plots to confusion , while charles sways the shoar , and york the vast main . till all are confounded who sought the exclusion , then england will be old england again . . then to our monarch let 's quaff off a bumper , and next to our sov'reign , the prince of the flood ; the ax and the gibbet crown ev'ry rumper , who york in the lawful succession withstood . may rumbold , gray , armstrong , with sidney be sainted and titus●s long tongue , so often forsworn . may his short neck stretch for 't when oats is attainted . and wish with the world he had never been born . loyalty respected , and faction confounded . to a pleasant new tune . . let cannons roar from sea to shoar , ●nd trumpets sound triumphantly ; we 'll fair in wealth while we drink a health to the high born prince of albany . of albany , of albany , to the high born prince of albany : we 'll fair in wealth , while we drink a health to the high born prince of albany . . he 's the son of scotlands womb , though his nativity be thames ; he 's of the glorious martyr sprung , and bears the name of good king james . of albany , &c. . our princes and our nobles all do not our loyalty disgrace : nor no enormity at all nor bastardize the royal race , of albany , &c. . let hagar and her birth be gone , her bottle on her shoulder be ; for sarah said unto her son , he shall not be an heir with thee . an heir with thee , an heir with thee , he shall no be an heir with thee ; for sarah said unto her son , he shall be an heir with thee . . put all these fancies quite away , and press down that egyptian pride ; before he wants a seigniory , we 'll place him king on yarrow side , on yarrow side , on yarrow side , we 'll place him king on yarrow side , before he wants a seigniory , we 'll place him king on yarrow side . i know not why he should be king , unless for mustering of the whiggs : no wonder , though they act the thing , he spar'd them well at bothwell-brigs . on yarrow side , &c. . so nobly he did act his part , by sparing these rebellious clowns ; that he came down and let a fart , and so march'd back with his dragoons , with his dragoons , with his dragoons , and so march'd back with his dragoons , that he came down and let a fart , and so march'd back with his dragoons . the whiggs disappointment upon their intended feast . tune , cook lawrel . . have you heard of a festival convent of late , compos'd of a pack of notorious dissenters , appointed by tickets in whigland to meet , to sign and to seal covenanted indentures . . the day was appoited , and all things prepar'd in order thereto , by the sages o' th' nation , and a reverend sermon was there to be heard , t'exhort 'em to th' oath of association . . all sorts of trades-men were bid to be there , the lords , abhorrers , and commoners too , but the cooper 'fore all was to take the chair , to set forth the matter as well he knew how . the godly gown-man all chain'd and fur'd , two shrieves , & the deel knows what of the rable ; invited on purpose , and set on , and spurr'd , to make a confusion worse than old babel . . the chief of the feast was a fop and a mouth , buy'd up by the city cooper and player ; whose name they 'd extended from north to south by th' trick of a black-box to make him an heir . . for down into durham an envoy was sent , amongst the chief , the northern clergies , to find out a writing to that very intent : who had thirty good guineys to bear his charges . . the reverend titus was chaplain to th' feast , brim-full of plots with oaths to maintain them ; the deel could afford them no such guest , ' mongst all his damn'd crew to entertain them . . next in came janway , curtis , vile and care , with his packets of lies thrust under his a●m , then don danger●eldo more subtile by far , then poor mother cellier , that acted no harm , . all sorts of informers were bid to be there , and the damn'd ignoramus ●urors too , to participate of this festival cheer , by way of thanksgiving for what they did do . . some hundreds more were to be at the feast ; and all things thereunto were fitted , but in steps an order which forestall'd the guests , disbanding the cooks e're the meat was half spitted . tag , rag , and long-tail were all to come in , to sit at this king of polands table , the feast i conceive else was not worth a pin , without the consent of an insolent rable . . what pining and fretting , and fuming was there , when all the good creatures were laid aside , 't would make a saint both to stamp and stare , to see such a zealous assembly decry●d . . here now the nation was thus settled , and all things be brought to a better cue , here a new government was to be settled , and the deel knows what besides they would do . some think it was like to the oxford stroke , which was well , being given in season ▪ and some think they 're under a burthens●m yoak , ' cause they may not assemble for sedition 〈◊〉 treason . some hold it not prudently acted at all , to check an assembly of so great an intention , who study'd and aim'd at the tory's down-fall , in raising the whigs by a new invention . . some say they were nettled , and galled within , to see our great york embrac'd by the city , if that be the cause on 't we care not a pin , let them hang up each other , and so ends my dity . the west-country-man's song at a wedding . . uds hearty wounds , i 'se not to plowing , not i sir , because i hear there 's such brave doings hard by sir , thomas the minstrel , he 's gone twinkling before sir and they talk there will be two or three more sir who the rat can mind either byard or ball sir , or any thing at all sir , for thinking of drinking i' th' hall sir , e'gad not i , let master fret it and storm it , i am resolv'd , i 'm sure there can be no harm in 't who would lose the zight of the lasses & pages , and pretty little sue , so true when she ever engages e'gad not i , i 'd rather lose all my wages . . there 's my lord has got the curiourest daughter , look but on her , and she 'll make the chops on the water , this is the day the ladies are all about her , zome to veed her , zome to dress her , & clout her , ods bud , she 's grown the veatest , the neatest , the sweetest , the pretty'st little rogue , and all men do say the discreetest , there 's ne'r a girl that wears a head in the nation but must give place , since mrs. betty's creation , she 's zo good , zo witty , zo pretty to please ye ; zo charitably kind , zo courteous & loving & easie , that i 'se be bound to make a maid of my mother , if london town can e're send down such another . next my lady in all her gallant apparel , i 'ze not forget the thundring thumping barrel , there 's such drink , the strongest head can't bear it 't will make a vool of zack or whit-wine or claret and zuch plenty that or good vellows , may tipple off their cups until they lie down on their pillows ; then hit off thy vrock and don't stand scratching thy head so , for thither i 'll go , ods wunds because i've zed so the dyet of cowley . now by my love ; the greatest oath that is ; none loves you half so well as i , i do not ask your love for this , bu● for heaven's believe me , or i die ; no servant e're but did deserve , his master should believe that he does serve ; and i 'll ask no more wages though i starve . . 't is no luxuri●u diet this , and sure , i can't by 't too lusty prove . yet shall it willingly endure ; i●● can but keep together life and love , being your prisoner and your slave ; i do not feasts or banquets love to have , a little bread and water 's all i crave . . on a sigh of pity , i a year can live , one tear will keep me at least , fifty , a gentle look will give ; an one , one kind word i 'll feast : a , more added be if you an inclination have for me , and all beyond is vast eternity . a prophetical catch . to the tune , of the merry christ-church-bells . . oh ! the plot discoverers , oates , bedloe , dugdale , prance ! they are such crafty dogs , that none but scroggs can feage them cuningly , cunningly . . oh! the cursed damn'd sham plot , which some believe , but more do not , because the laws have found such flaws , in them of all our ills , the cause . . bedlow , they say , tother day at a play , for his impudence was bang'd ; but the plot will not e're be forgot , till oates and all are hang'd . the couragious loyallists ; or , a health to the royal family tune , burton-hall . . drown melanchally in a glass of wine ; we will be jolly , let the miser pine : boys drink about , we 'll make the tavern roar , when the bumper's out , we 'll call again for more : it makes good blood to run within our veins , it puts good reason also in our brains : he that will deny it , hanged let him be , here 's to all the royal progeny . . boys we 'll be merry , whatsoe'r ensue , drink sack and sherry . till the skie looks blew ; let the whiggs lament , and whiningly complain , we with one consent , drink to the royal train ; heavens bless great charles , and the duke of york , all the lords and earls , and every royal spark ; down with every factious , shamming , whining crew , give them rope and hanging , since it is their due . . drawer bring us wine , fill the other bowl , let us lose no time , for he 's an honest soul that doth love his prince , and the ancient laws , he is a man of sense , he shall have our applause ; as for mighty charles , his renowned name , let it be recorded in the books of fame : but he that will deny allegiance to the king , hang him ▪ let him die , and in a halter swing : . brave noble sions , be you stout and true , stand in defiance of the rabble crew ; they that design'd our laws to undermine , we will make them flye , like chaff before the wind : those that did consent , yielding to allow , those that did invent the association vow , to conceal their treason , hang 'um let them swing , here 's a health to charles , the most renowned king. now sure the whigs , they will no more rebel , old cromwel's piggs that suck'd up the swill ; their hopes are drowned , as we plainly see , some were counfounded in their villainy ; tommy he is fled , tony he is dead . some of them were hang'd , others lost their had ▪ ketch in conclusion pay'd them their arrears , since this confusion how they hang their ears ! . then learn to bow , and in obedience stand , to caesar now the glory of the land , none can convince , for what i speak is true , he is a prince of love and pitty too : those that are loyal , they are perfect free , there 's no denyal of their liberty ; then true hearts be merry , make the tavern ring , fling up your caps , and cry , god save the king . a new song , to an old tune , tom of bedlam . make room for an honest red-coat , ( and that you 'll say's a wonder : ) the gun , and the blade , are his tools , — and his trade , is for pay , to kill , and plunder . then away with the laws , and the good old cause , ne'r talk o' th' rump , or the charter , 't is the cash does the feat , all the rest 's but a cheat , without that there 's no faith , nor quarter . 't is the mark of our coin , god with vs , and the grace of our lord goes along with 't , when the georges are flown , then the cause goes down , for the lord is departed from it . then away , &c. for rome , or for geneva , for the table , or the altar , this spawn of a vote , he cares not a groat — for the pence , he 's your dog in a halter . then away , &c. tho' the name of king , or bishop , to nostrils pure may be loathsom , yet many there are , that agree with the mayor , that their lands are wondrous toothsom . then away , &c. when our masters are poor , we leave 'em , 't is the golden calf we bow to : we kill , and we slay , no● for conscience , but pay ; give us that , we 'll fight for you too . then away , &c. 't was that first turn'd the king out ; the lords next ; then the commons : 't was that kept up noll , till the devil fetch'd his soul ; and then it set the bum on 's . then away , &c. drunken dick was a lame protector , and fleetwood a backslider : these we serv'd as the rest , but the city 's the beast that will never cast her rider . then away , &c. when the mayor holds the stirrop , and the shrieves cry , god save your honours : then 't is but a jump , and up goes the rump , that will spur to the devil upon us . then away , &c. and now for a fling at your thimbles , your bodkins , kings , and whistles , in truck for your toyes we 'll sit you with boys : 't is the doctrine of hugh peters , * then away , &c. when your plate is gone , and your jewels , you must be next intreated , to part with your bags , and strip you to rags , and yet not think y' are cheated . then away &c. the truth is , the town deserves it ; 't is a brainless , heartless monsier : as a club they may bawl , or declare at their hall , and yet a● push not one stir . then away , &c. sir arthur vow'd h●'ll treat 'em , far worse than the men of chester : he●s bold ; now they 're cow'd , but he was nothing so lowd when he lay in the ditch at lester . then away , &c. the lord ha●h left john lambert , and the spirit , feak's anointed , but why oh lord , hast thou sheat●ed thy sword ? lo , thy saints are disappointed ▪ then away , &c. tho' sir henry be departed : sir john makes good the place now , and to help out the work of the glorious kirk , our brethren march apace too , then away , &c. while divines , and states men wrangle , let the rump-ridden nation bite on 't , there are none but we that are sure to go free , for the souldies's still in the right on 't . then away , &c. if our masters w'ont supply us with money , food and clothing : let the state look to 't , we 'll find one that will do 't , let him live , — we 'll not damn for nothing , then away with the laws , and the good old cause , n'er talk o' the rump , or the charter , 't is the cash does the feat , all the rest 's but a cheat , without that there 's no faith nor quarter . oates well thrash'd , being a dialogue between a country farmer , and his man jack . tune , which no body can deny . repeat the burden twice . jack . our oates , last week not worth a groat , have , sir , ( which all do wonder at ) abomination thriv'd of late ; which no body can deny , sir , master . be all the tribe of oates accurs'd , and the old dotard too , that first the brat within his hedges nurst , and sow'd such wicked seed , boy . jack . good master , pray your fury stop ; for , as the saying is , i hope , you 'll shortly shortly see a doctor-crop , and many more besides , sir. master . a curse on every thing , that 's call'd oates ; both old and young , both black and white oates , both long and short , both light and tite oates : i hate the vip'rous seed , boy . jack . your oates , now ripe , sir , do appear ; for they begin to hang the ear ; the time of cu●ting them draws near , if my skill fails me not , sir. master . then down with 'em , and all their train ; let not a blade of them remain , our poor land to infect again ; 't is pitty one sho●ld scape , boy . jack . where shall i reek them , ( the sithe ●s edge they 've felt ) in barn , or under hedge ? for they are fit for cart , or sledge , and a roping only want , sir. master . e'en if thou wilt , lodge them in thy barn ; for they shall ne'r come amongst my corn ; or cart them , if thou wilt , to tyburn ; and there too truss them up , b●y . jack . th' are hous'd , sir ; but the trash all sense exceeds , that 's in 'em : by what means , this filthy oates shall we e're cleanse ? from all that roguish stuff , sir ? master . — jack . go , get a pack of sturdy louts , and let them lustily thresh their coats ; too well you cannot thresh damn'd oates ; which no body can deny , boy . jack th' are thresh'd , and wimb'd and made as clean , as hands can do 't ; but all in vain : for still base oates behind remain : what shall we do with 'em , sir ? master . let 'em divided be like martyrs of royal justice ) into quarters ; then ground in mill , or bray'd in mortars : so oates ought to be serv'd , boy . jack . how shall i use the straw ? 't is good only to cast out into the road , and under foot to dung be tr●d ; and there to lye and r●t , sir , master . burn't , like an here●ick , in flame ; and expiate so our guilt and shame , for giving long-tail'd oates such fame , abhorr'd by all but vs , boy . beyond sea th' are kick't out of door ; but held with us here in such store , that oates we even do adore : but curst be oates , say i , boy jack . what shall we now at last , sir , do with this same paultry oates , by you so hated , and admired by few ; and those both knaves and fools , sir. master . let oates be cast to ravenous hogs , or ground for meat for hungry dogs ; and no where sown , but in deep bogs , or bottom of a jakes , boy . or to the fowls o' th' air be thrown , by vermine to be prey'd upon ; or out o' th' world by whirlwinds blown , to th' devil's arse of peak , boy . let ev'ry tongue , and tail i' th' isle of man , of bird , of beast , defile oates so detestable , oates so vile ; and 't will be so , thou 'lt see , boy . or if to popery thou incline , thou shalt have oates incag'd in shrine , and shew about that trash divine ▪ and this will get thee pence , boy . jack let it , good master , pray be so , and i 'le amongst the papists go , with my o raree shite , and my o brave show , till i a pension get , sir. and then i 'le coach it up and down , from country , and from town to town , till o're the world i●ve made oates known , for a very rogue in grain , sir. the tories tryumph ; or , the point well weather'd . to a new theatre tune , some say , the papists had a plot , against the church and crown ; but be it so , or be it not , the king must please the town . the papists take tyburn by turns , to please the city gulls ; it 's strange , that they who all wear horns , should fear the popish bulls . the house of commons blow the coals , the nation to dissettle ; and like two tinkers , make two holes to mend one in a kettle : or else ▪ what needs that precious vote , that if the king should fall by pagan , or phanatick plot , the pope must pay for all ? . our royal james of princely race , and high-illustrious fame , was not thought fit by commons base , to follow charles's waine : but let that house of office know , when they have sow'd their leaven , he shall succeed though they say no , by all the laws of heaven . . old cavaliers for loyalty they streight clapt up for treason , in hopes to bring in anarchy , ' gainst justice , sense and reason . brave hallifax and feversham , brave worster , just and wise , they did vote down , as dangerous men , that they themselves might rise . . but oh! that lord in leistershire , turn'd catchpole , though too late : 't is b●tter ●riests in prison were , then burns should lose their trade . for priest poor waller never sought , but where was golden crosses ; his mirmidons went ●nacks , t is that in all the owners losses . . the doctor he has bid farewell to jesus , and the court ; and tony's tap runs fla● and dull , makes catch in hopes of sport. blew protestants can make no work , unless like hungary , they for religion joyn the turk , for christian liberty five years sham plots discovered in one true one . to the tune of , — i told young jenny , &c. now innocent blood 's almost forgot , we have found the original ground of the now every moon-blind rebel may know , plot that providence sees our actions below . now oates for pegs , may pack up his awls , and there inform his master ; to furnish rooms , make fire in the halls for company that comes after . these are not like our plots of old , when evidence swore for silver and gold. there are no armies under ground , no sha● magazines that ne'r were found , no spanish pilgrims , and black-bills , but open profess'd traytors ; where perjury spares , the sword it kills , these are our saint-like satyrs . these are the blades , detected by laws , in contempt of justice decide it with blows these are the blood-hounds of our age , that brought our late monarch upon the stage , yet these more barbarous bruits of ours , would mu●ther both king and 's brother , and ●ay the guilt at innocent doors , and still continue the murther . from thence the sacrifice begins , to massacre others for their own sins : and this has been the plots support , first made in the city , then forc't on the court. but now the mysteries brought to light , true innocency is protection , surprising rebels dare not fight , their souls are imperfections . if they had butcher'd the royal line , to murther its friends they were to joyn , the like was never on record in the wide wilderness of the world ; to rob the kingdom of all that 's good , and none but rebels surviving , to lord it o're three nations in blood ; each to be an oliver striving . the saddle is now on the right ●orse , the whiggs must mount for tyburn in course . for these can be no false alarms , we have their confession the men and their arms , makes catch perceive his harvest is near he swears if his horse do not fail him , he 'll not take a thousand pound this year , for what his trade may avail him . on the throat-cutter of jack-a-napes-lane . tune , hang sorrow , cast away care . . there is an old story that 's much to the glory of one who was call'd sophyrus , whose fears may be read , though the man be dead , by any that are desirous . . this man had a nose ( as you may suppose ) in the middle of his face ; but he cut it off clear , like a brave cavalier , to get the king 's good grace . . the manner is known , so we 'll let that alone : yet by the way you must note , though he slashed his face in every place , he had a great care of his throat . . nor will any man dare this wight to compare with an heroe that i can name ; who , by cutting his throat , grew a man of great note , and purchas'd eternal fame . . sophyrus did well ; but he doth excel , if he be but right understood : for 't is a plain case as the nose on ones face , it was done for the peoples good . . the design was brave , the people to save by letting his own throat bleed ; but the fiend that repines at all good designs , did hinder it to succeed . . for his hand being up to spil the last drop of the peoples saving blood , he made him flinch at the other inch , and so prevented the good. . so he useth his throat for the people to vote ; yet some are so wicked , to hope this obliging knife ( though it then spar'd his life ) has markt a fair place for the rope . . now , whoever bears spleen to the king or the queen , or to james the duke of york , he shall have my vote for cutting his throat , provided he 'll perfect the work. the plotting-cards reviv'd ; or , the new game at forty-one . tune , i 'll tell thee , dick , &c. . come , cut again ; the game 's not done , though strangely yet the cards have run , as if they pack'd had been : most likely are to lose , and say they know not what 's next best to play , such shuffling ne'r was seen . . look well ( my masters ) to your hits , and have about you all your wits , for high the play does run ; three kingdoms now at stake do lie , and rooks all hocus-tricks do try , that ye may be undone . . on clubs and spades some wholly bett ▪ for they the most are like to get . whilst hearts in vain contest ; and diamonds too , ( unto their cost that have them ) sure are to be lost , the blackest cards are best . . god bless all kings and queens , though now the best coat-cards , ( the lord knows how ) at this prepostrous game , are like all to commanded be , and trumpt with all their royalty , by every knavish pam — . so hewson blind ( though he be dead ) alive was by blind fortune led , and still did winning go ; and ever since we find , that he sweeps all with his effigie , the great pamphilio . . nay , trays and duces , which were deem'd the basest cards , are now esteem'd prime ones , to win the day : so that , ( you see ) to gain the prize , poor kings and queens you must despise , and honours throw away . . thus the best cards are now the worst , and what was last is become first , no wonder now-a-days : the nation topsy turvey lies , and ( as 't were pleas'd with contraries ) at losing load'em plays . the second part. . this is like some utopian game , where servant-maids controll their dame , and kings are subjects made ; felons their judges do indict , and he a traytor is down-right who falsly is betray'd ! . a dunce who never took degrees , but such as lead to villainies , a doctor is most sound ; he who , to furnish his own wants , can seize gold-cross , or silver-saints , a justice is renown'd . . who horse to battle never led , but has with many horses fled out of his neighbours field , a captain is ; and with his word kills more than with his duller sword he ever made to yield . . a villain who can cheat his lord , gets chains of gold instead of cord , and is from prison freed : for him who says he murder'd has , a pardon both for that does pass , and all that e'r he did . . who for foul crimes and forgeries has worn the yoak of pillories , and has been whipt about ; if he but add new perjury , he wipes off past iniquity , and speaks truth without doubt . . he that had rather choose to die , than to redeem his life with lie , is th' only perjur'd r●gue : and they who damn themselves to live , sure signs of their probation give , for they 're the saints in vogue . . then play away , ( good countrey-man ) what hand 's the best is now most-plain , and boldly thou may'st stake : a pack of knaves together get , and never doubt to win the sett , for they the voll will make . a song upon information . tune , conventicles are grown so rief . . informing of late's a notable trade ; for he that his neighbour intends to invade , may pack him to tyburn , ( no more 's to be said ) such power hath information . be good , and be just , and fight for your king , or stand for your countreys honour , you 're sure by precise information to swing , such spells she hath got upon her . . to six hundred and sixty , from forty-one , she left not a bishop or clergy-man , but compell'd both church and state to run , by the strength of the non-conformist . the dean and chapter , scepter and crown , ( the lords and commons snarling ) by blest information came tumbling down , fair fruits of an over-long parling . . 't was this that summon'd the bodk●ns all , the th●mbles and spoons to the city-hall , when saint hugh to the babes of grace did call , to prop up the cause that was sinking : this made the cobler take the sword , the pedlar and the weaver ; by the pow'r of the spirit , and not by the word , made the tinker wear cloak and beaver . . 't is information from valadolid makes jesuits , fryars and monks to bleed , occapitates lords ; and what not ( indeed ) doth such damnable information ? it cities burns , and sticks not to boast , without any mincing or scruple , of forty thousand black-bills by the post , brought in with the devil's pupil . . this imp with her jealousies and fears puts all men together by the ears , strikes at religion , and kingdoms tears , by voting against the brother . this makes abhorrers , makes lords protest , they know not why , nor wherefore : this strikes at succession , but aims at the rest ; pray look about you therefore . this raiseth armies in the air , imagining more than you need have to fear ; keeps horse under-ground , and arms to tear the cities and towns in sunder . 't is this made the knight to newark run , with his fidus acates behind him ; who brought for the father one more like the son , the devil and zeal did so blind him . . it whips , it strips , it hangs , and draws ; it pillories also without any cause , by falsly informing the judges and laws , with a trick from salamanca ; this hurly-burlies all the town , makes smith and harris prattle ; who spare neither cassock , cloak , nor gown , in their paltry tittle-tatile . . 't is information affrights us all ; by information we rise and fall : without information there 's no plot at all ; and all is but information . that pickering stood in the park with a gun , and godfrey by berry was strangl'd ; 't was by information such stories begun , which the nation so much have entangl'd . a song on the popish plot , by a lady of quality . tune , packington's pound . since counterfeit ●lots have affected this age , being acted by fools , and contriv'd by the sage ; in city , nor suburbs , no man can be found , but frighted with fire-balls , their heads turn'd round . from pulpit to pot they talk'd of a plot , till their brains were inslav'd , & each man turn'd sot ; but let us to reason and justice repair , and this popish b●gbear will fly into air. a politick states-man , of body unsound , who once in a tree , with the rabble set round , run monarchy down with fanatick rage , and preach'd up rebellion i' that credulous age ; he now is at work with the devil and turk , pretending a plot , under which he doth lurk , to humble the mitre , wh●le he squints at the crown , till fairly and squarely he pulls them down . . he had found out an instrument fit for the devil , whose mind had been train'd up to all that was evil ▪ his fortune sunk low , and detested by many , kick'd out at st. omers , not pity'd by any : some whisperers fix'd him upon this design , and with promis'd reward did him countermine ▪ though his tale was ill told , it serv'd to give fire ; despis'd by the wise , whilst fools did admire . . the next that appear'd , was a fool-hardy knave , who 'd ply'd the high-ways , and to vice was a slave ; being fed out of basket , in prison forlorn , no wonder that money should make him forsworn : he boldly dares swear what men tremble to hear , and learns a false lesson without any fear ; for when he is out , there 's one that 's in 's place relieves his invention , and quickens his pace . . in a countrey prison another was found , who had cheated his lord of one thousand pound ; he was freed from his fetters , to swear and inform , which very couragiously he did perform : to avoid future strife , he takes away life , to save poor protestants from popish knife : which only has edge to cut a rogue 's ears , for abusing the people with needless fears . . another starts up , and tells a false tale , which strait he revok'd , his courage frail : but , to fortifie one that needeth his aid , ( being tempted by money , which much doth persuade ) he swore he knew all that contrived the fall of one , who that day was seen near to white-hall ; where he by an officer's powerful breath more l●kely by far received his death . . a gown-man most grave , with fanatical form , with his scribling wit doth blow up this storm ; for moth-eaten records he worships the devil , being now lodg'd at court , he must become civil . he hunts all about , and makes a great rout , to find some o●d prophecy to help him out ; but his friend that was hous'd with him at foxhall , being joyn'd with his master , still strengthens 'em all ▪ . then comes a crack'd merchant , with his shallow brain , who first did lead up this stigmatiz'd train : he since is grown useless , his skill being small ; yet at a dead lift he 's still at their call : he has pester'd the press , in ridiculous dress , in this scribling age he could do no less : but to so little purpose as plainly appears , with pen he had as good sate picking his ears . . to end with a prayer , as now 't is my lot , confounded be plotters , with their popish plot : god bless and preserve our gracious good king , that he may ne'r feel the presbyters sting ; as they brought his father with rage to the block , so would they extirpate all the whole stock : but with their false plots i hope they will end at tyburn , where the rabble will surely attend . the whigs lamentable condition ; or , the loyallists resolution . to a pleasant new tune . . the deel assists the plotting whigs to carry on their damn'd intrigues , and does provide them new supplies , gin any faus and raskal dies ; up starts some bankrupt perjur'd loon , instructed by the polish prince , how to amuse th'unthinking toon , and make the bigots leese their sense . . this squinting and curmudgeon sits consulting with his whiggish chits , who treacherously with him combine to root out a● the royal line : but heaven , which has disclos'd their plots , confound their vain inventions , disperse the wretched hai●-brain'd sots , and cross their curs'd intentions . . whither d' ye hurry phaeton ? is 't not enough that he 's undone by your persideous treachery , the source of au his infamy ? but , to promote your wretched ends , ye make the lorden a stop-gap ; like croc●diles , ye fawning friends pretendedly mourn his mis-hap . . the bearn may see how he is feul'd , tea late may find that he is gull'd : wha● then shall pity his estate , that toil'd to be unfortunate ? he 's now a hardy rebel grown , and glories in base actions ; the silly lad gangs up and down , to make feuds and distractions . . wa● to'l the nations scabs and boils , ye that delight in civil broils , wha'd set us by the ears again , ye worriers of loyal men : ●'se mean the pert blew-apron fops , wha meddle with the state affair , leuk to'l your wives , and mind your shops , whig gold nor cornish shan't be may'r . . all aegypts plagues seize doctor t.o. who did design the overthrow of church and state : have we forgot 't was he contriv'd the popish plot ? can we forget our martyr'd prince , whose blood does loud for veng'ance ca●l ? shall we not stand in 's son's defence , ' gainst whigs , wha● wish for his doonfal ? . take courage , pull a● rebels down , obey the king , and guard his throne ; commit the rest to th' prudent care of our tribunes and geud l●ird may'r : as for our foes the rebel-rout , he timely curb'd the stubborn elves ; their villainy he has found out , and now they 're fit to hang themselves . the present state of england . tune , it was in the prime of cucumber time . jack presbyter's up , and hopes at one swoop to swallow king , bishops , and all●a : the mitre and crown must both tumble down , or the kingdom , he tells you , will fall●a . sure 't is a hard fate , that to prop up the state , we must pull down the state-religion : but the saints have a new one , more holy & true one , composed of fox and wigeon . an engine they 've got , call'd a damn'd popish plot , which will bring in a through-reformation ; which , tho 't be half fable , it mads the poor rable , and puts out of wits half the nation . thus their work 's quickly done for each mothers son that to church or to king is loyal , shall strait be indicted , or else be sore frighted to be brought to their f●ry tryal . t is no more but pretend he 's to pop'ry a friend the brethren cry loud , he 's a traytor ; and their evidences bring against him pretences , and all of a treas'●able nature . th' impeachers are such , so hon'rable and rich , that no bribe can to falshood invite 'em ; tho' they contradict themselves and ev'ry body else , a good lusty vo●e can right ' em . no matter for blood , their oaths shall stand good ▪ ●n despight of all circumstances : the city-cabals say they cannot swear false , and each pamphlet their honour enhances . who dares to deny but one single lie of the many they swear on their credit , must down on his knees , is rebuk'd , and pays fees , and must cry peccavi he did it . if any's so bold their tricks to unfold , or offers to prove them lyars , strait up steps another , and swears for rogue-brother , and flings the poor wretch in the bryars . thus villains bout ten , the worst scum of men , ( while the godly party maintain 'em all england do govern , and each such a sov'reign , the king must not speak again ' em . old noll and dad nick have taught 'em the trick to make plots , and then to reveal 'em : thus runs round the jig of politick whig , sure pardon , if they do not conceal ' em . then inspir'd they bring in for sad men of sin any one that is honest and loyal : but if pardon 's deny'd , all flock on fitz-side , to hector the mercy royal. thus most men for fears dare not for their ears but whig and his rout to second ; which if they refuse , they 're far worse than jews , and papists or traytors are reckon'd . and ev'ry poor ape who for changes does gape , and to be preferr'd by the party , to help good old cause wide stretches his ●aws , with loud lies to shew himself hearty . and those worthies three , care , vile & langley , do publish as fast as they make them : the being in print , signifies something in 't , and the rabble for gospel mistake them . mean while pendent laughs , and at byter scoffs , and at 's hot-headed zeal does flout-a ; the coxcomb to see thus shaking the tree , while he 's ready to gather the fruit-a . let papists be hang'd , and presbyters damn'd , and may goggle-ey'd traytors perish , but let true hearts sing , long live charles our king , the church and the state to cherish . raree show ; or , the true-protestant-procession . tune , the northumberland-man . . this is the cabal of some prot. lords , a forging the turn that not long since they had ; here w — ton sitteth , and searcheth records , to find flaws in good statutes , and varnish the bad . . this is the lord toney that slily sits here , who to sham and contrive has never deny'd ; and rather than th' cause shou'd fall thro' his fear , he 'll let out rebellion by broaching his side . . this is popular perkin that smirks & looks gay , the women extoll the spark up to the sky ▪ none danceth with so great a grace , as they say , yet somebody thinks that he capers too high . . here flourishing e — , the tongue o' th' gang , with rhetorical artifice fancies fine things ; first vainly composeth a taking harangue , then fosters a villain in libelling kings . . here 's doctor informant , that ne'r wou'd stick out to traffique in oaths , or tell a state-lie ; observe how he firks all the jesuits about , first blaws on a beuk , and so papists god b'we ye . . here 's wilmore , that 's troubl'd with scruples and stings , his citizens conscience is nice and demure , a traytor 's indicted for treas'nable things ; but he tells you 'tis false , he 's a protestant sure . . these are some sage citizens that you see there , who ( out of their zeal all our rights to maintain , and to keep out all slav'ry ) have taken a care to put up in the streets two posts and a chain . . these are some apprentices still do retain some tenets their masters approve and allow ; they come to direct a wise monarch to reign , ' stead of sweeping their shop , and cleaning of shoes . . this is the committee where grievance ●s scann'd , which remonstrates dangers that threat●n the state : good service is here by suspicion trepann'd , and allegiance is reckon'd malignancy strait . . here 's the synod of saints , that will sometimes refresh the failings of nature with means of their own ; they 'll preach you the mortification of flesh with eyes up to heav'n , and breeches let down . . these are the cabal of the covenantiers , that think they maintain the religion the best by pulling down churches and their overseers , and routing the defender of faith with the rest . . these are the remains of the levelling rump , that stink in the house , and fresh commons annoy ; and lest the right james shou'd be turn'd up trump , they cry out , a court card will their gaming destroy . that lumber of trumpery buzzing abou● ▪ are silly subscribers that come at first dash , to make up a large petitioning rout of link-boys , and all such true-protestant trash . . these there are the hucksters that treason retail , they 'll sell you a sheet with a penymorth in 't . that 's courantier care , that never will fail to scrible , while langley dares publish and print . . that 's the club of a pack of ingenious friends , that made charles a scotch-pedlar ●th raree show , and i hope that our monarch , to make 'em amends , will give them a yard of st. johnstons or two . the pot-companions ; or , drinking and smoaking preferr'd before caballing and plotting . tune , thus all the day long we 're frolick and gay . . come make a good toast , and stir up the fire , and fill the great tankard of what we admire : then bring in a paper of excellent fogoe , that we may perfume the whole house with the 〈◊〉 and here let us sit like honest brave fellows , that neither are tories nor whigs in an ale-house . and here let us sit , &c. . we 'll raise no disputes of the church nor the state , to waken the plot , which has slept out its date ; nor came we to treat of the cities great charter , but only to drink to the sons of the martyr : for better it is to be honestly sotting , than live to be hang'd for caballing and plotting . for better it is , &c. . since freedom or death is not in our power , what have we to do with the lords in the tower ? we 'll leave them to justice , let that take its course , and set ev'ry saddle upon the right horse ; though the witnesses fade , and the plot 's almost rotten , yet presbyter-jack will ne'r be forgotten . though the witnesses fade , &c. . we have nothing to do with the feuds of the nation , with old magna charta , nor the association ▪ let shaftsbury fancy himself to be crowning , or beg his quietus , and venture a drowning ; let black-coat swear on , and raise up his story : that 's nothing to us , let the saints have their glory . let black-coat swear on , &c. . though the spaniards were landed , which bedlow recounted , and all the commissions which coat gave were mounted ; and little don john did lead these brave fellows , the devil a foot would we stir from the ale house : when they have rais'd armies by praying and winking , 't is we that maintain them with smoaking and drinking ▪ when they have rais'd armies , &c. . then away to the king , let the tankard go round ; may the plots and the plotters each other confound : to his highness the duke , and the royal successors , and every member of loyal addressers ; to the honest lord mayor , and all other old christians ; but guard us , good lord , from these whining philistims . to the honest lord mayor , &c. the bully whig ; or , the poor whores lamentation for the apprehending sir thomas armstrong . tune , ah! cruel bloody fate ! &c. . ah ! cruel bloody tom ! what could'st thou hope for more , than to receive the doom of all thy crimes before ? for all thy bold conspiracies thy head must pay the score ; thy cheats and lies , thy box and dice , will serve thy turn no more . . ●ngrateful thankless wretch ! how could'st thou hope in vain ●out the reach of ketch ) thy treasons to maintain ? for murders long since done and past , thou pardons hast had store , and yet would'st still stab on , and kill , as if thou hop'dst for more . . yet tom , e'r he would starve , more blood resolv'd to'●e spilt ; thy flight did only serve to justifie thy guilt : while they whose harmless innocence submit to chains at home , are each day freed , while traytors bleed , and suffer in their room . . when whigs a plot did vote , what peer from justice fled ? in the fanatick plot tom durst not shew his head. now sacred justice rules above , the guiltless are set free , and the napper's napt , and clapper clapt , in his conspiracy . . like cain , thou hadst a mark of murder on thy brow ; remote , and in the dark , black guilt did still pursue ; nor england , holland france , or spain ; the traytor can defend ; he will be found in fetters bound , to pay for 't in the end . . tom might about the town have bully'd , huff'd and roar'd , by every venus known , been for a ma●s ador'd : by friendly pimping , and false dice , thou might'st have longer liv'd , hector'd and shamm'd , and swore and gam'd , hadst thou no plots contriv'd . tom once was cock-a-hoop of all the huffs in town ; but now his pride must stoop , his courage is pull'd down : so long his spurs are grown , poor tom can neither fly nor fight ; ah cruel fate ! that at this rate the ' squire should foil the knight ! ▪ but now no remedy , it being his just reward ; in his own trap , you see , the ●ygre is ensnar'd : so may all traytors fare , till all who for their guilt did fly , with bully tom by timely doom , like him , unpity'd die . the jealous ladies complaint . to an excellent new tune . . tell me no more , there must be something in 't ; think what you swore when first you did begin't , that n●n● but i could e●r your heart suffice ; and my eyes and my thighs , how your mind it did surprize : but now , you bitch , you look so leam , you damn'd confounded stinking quean , are all the words that i can gain for my great pain . . can you forget the ●oys you did delight in , and those great pleasures you us●d to spend the night in ? when with sweet raptures so close you did embrace ▪ and your love us'd to move in another pretty place ; but now you turn away your head , and there you lie as tho' you 're dead , and all the joys i had in bed are gone and fled . anagram and acrostick on the salamanca-sizer . ana titus oats , just a sot . gram . when adam proper names on beasts conferr'd , the salamanca-doctor was i' th' herd ; the midwife , she fore-saw 't wou'd prove a dunce , so gave him name and character at once : which but unfold , and joyn again with art , both sot and drunkard lurk in ev'ry part ; nor in his temper thus alone betray'd , 't is on his face in ruby signs display'd . well may we doubt the gospel of that plot , whose chiefest evidence is just a sot . an acrostick traytor to god , damn'd source of blasphemy , insect of hell , grand mass of perjury ; thorough-pac'd villain , second unto none , vnless to judas , ( if by him out-done ; ) satans black agent , hells monopoly of all that 's called sin and villainy ; a cursed parent of an hell-bred brood , teacher of lies , spiller of guiltless blood ; englands dark cloud , eclipsing all her glory ; satans delight , and hells repository . finis . notes, typically marginal, from the original text notes for div a -e * to the butchers wife to the kings most excellent majesty, the humble address of the lord mayor, aldermen, and commons of the city of london, in common council assembled. corporation of london. court of common council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing t interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) to the kings most excellent majesty, the humble address of the lord mayor, aldermen, and commons of the city of london, in common council assembled. corporation of london. court of common council. charles ii, king of england, - . sheet ([ ] p.). printed by the assigns of john bill deceas'd: and by henry hills, and thomas newcomb, printers to the kings most excellent majesty., london, : . concerning the rye house plot. "congratulations on discovery of the plot. resolve to expose their lives and fortunes in defence of government"--steele. " july . it is his majesties pleasure that this humble address be forthwith printed and published. l. jenkins." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit to the kings most excellent majesty , the humble address of the lord mayor , aldermen , and commons of the city of london , in common council assembled . sheweth , that we your most loyal and dutiful subjects , having with astonishment received the discovery of a most : traiterous and horrid conspiracy , of divers ill-affected and desperate persons , to compass the death and destruction of your royal person , and of your dearest brother james duke of york ; and that to effect the same , they have held several treasonable consultations , to levy men , and to make an insurrection , and made great provision of arms ; a design notoriously tending to the present destruction , not onely of your best subjects , but of the sacred person of your majesty , the best of princes , and to involve this and the future generation in confusion , bloud , and misery ; carried on , notwithstanding their specious pretences , by known dissenting conventiclers , and atheistical persons . and having in the first place offered up our solemn thanks to almighty god , for his watchful providence in bringing to light this impious and execrable machination , we do in the next place humbly offer to your majesty the deep resentments of our loyal hearts concerning the same , and beg your majesty to rest fully assured , that as no interest in this world is valuable to us in comparison of your majesties service and safety ; so we are determined readily to expose our lives and fortunes in defence of your majesties person , your heirs and successors , and your government established in church and state , and particularly , for discovering , defeating , and destroying all such conspiracies , associations , and attempts whatsoever . all which resolutions are accompanied with our daily and fervent prayers , that your majesty may vanquish and overcome all your enemies ; and that the years of your happy reign over us , may be many , and prosperous . july . it is his majesties pleasure that this humble address be forthwith printed and published . l. jenkins . london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . . a true account and declaration of the horrid conspiracy against the late king, his present majesty and the government as it was order'd to be published by his late majesty. sprat, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true account and declaration of the horrid conspiracy against the late king, his present majesty and the government as it was order'd to be published by his late majesty. sprat, thomas, - . james ii, king of england, - . [ ], p. printed by thomas newcomb, [london] : . attributed by wing to thomas sprat. proclamation of king james ii testifying to the truth of this account: p. [ ]-[ ]. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true account and declaration of the horrid conspiracy against the late king , his present majesty , and the government : as it was order'd to be published by his late majesty . in the savoy : printed by thomas newcomb , one of his majesties printers . . james r. james the second , by the grace of god king of england , scotland , france and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas our dearest brother the late king of ever blessed memory , gave special order in his life-time for drawing up the following account and declaration of the horrid conspiracy against his sacred person and ours ; and had provided , that the substance of it should be impartially collected out of original papers , and unquestionable records , and was himself pleased to direct in what method it should be digested , taking particular care , that the truth of the whole narration should have such clearness and strength , as it might deserve to be owned by himself . accordingly it was composed and ready for the press ; when it pleased almighty god to take that excellent prince to his mercy . and whereas it is but too evident , that the same hellish plot is not entirely extinguished , but that divers of the wicked actors in it are still carrying on new contrivances against the happy peace of our dominions ; we cannot but judge it seasonable in this juncture of time to have our subjects reminded of the rise , progress and mischievous designs of that desperate confederacy . to this end , having first read and examined this account and declaration , that we might be the better able to give our royal testimony , as we do by these presents , to the faithfulness and certainty of the whole relation , we have caused it to be now printed and published . given at our court at whitehal , the day of may , . in the first year of our reign . by his majesties command , sunderland . james r. our will and pleasure is , and we do hereby appoint thomas newcomb one of our printers , to print this account and declaration ; and that no other person presume to print the same , as they will answer the contrary . given at our court at whitehal , the day of may . in the first year of our reign . by his majesties command , sunderland . a true account of the horrid conspiracy against the late king , his present majesty , and the government . the king has thought fit to lay open , and to declare to the world , an exact account of the late accursed conspiracy , which was actually form'd , and carried on in england , and set on foot in scotland , against his own , and his only and dearest brothers life , and against the peaceable and flourishing government of his majesties kingdoms ; as far forth , as hitherto the particulars of it have come to his knowledge , by the voluntary confessions , or undeniable convictions of divers of the principal conspirators . by thus faithfully representing the plain matter of fact , though perhaps all the groundless suggestions , and malicious insinuations of factious men , will not be wholly put to silence ; it being their old , and constant artifice , to support , and incourage their party , by impudent slanders and falshoods , against the clearest light , and most evident proof : yet however his majesty will have the satisfaction hereby to confirm the loyalty , and good affections of all his loving subjects at home , and to establish abroad the reputation , and honour of his royal justice . and moreover ( which his majesty most of all regards ) this publick , and lasting testimony will be given of his sincere thankfulness to almighty god , for that miraculous deliverance from a danger , which came so near his sacred person , and was so far spread in the ruine , it threaten'd to all his people . it is well known , what mischievous arts of late years have been used , and what treasonable courses taken , to withdraw these nations from their bounden duty and allegiance , and to expose his majesties most just , and merciful government to calumny and contempt : the rebellious design having been apparently carried on by all sorts of male-contents ; whom either their crimes , or wants , their furious zeal , or unbounded ambition , inclined to wish for a disturbance of the peace , and prosperity , which his majesties dominions have so long injoy'd , to the envy of all his neighbours . to this wicked purpose , many the very same fatal methods and specious pretences , which , in the days of his majesties glorious father , had involved these kingdoms in confusion and blood , were once again revived , and by many the very same persons ; men of crafty , restless , and implacable spirits ; impenitent after the most gracious pardons ; whom long experience had made skilful in seducing weak , and unstable minds , by counterfeiting the plausible names of things in themselves most excellent , but most dangerous when abused ; such as liberty , property , conscience , and religion . by these wretched instruments , was this most gentle , and benign government again reproached with tyranny , and arbitrary power : the church of england was once more traduced , as popishly affected : the most able officers , and faithfullest servants of the crown again reviled , under the odious title of evil councellours . in the mean time sedition and schism were every where promoted ; unreasonable fears suggested ; vain suspicions of future dangers augmented to destroy the present tranquility ; desperate speeches , infamous libels , traiterous books swarm'd in all places ; and under colour of the only true protestant , the worst of all unchristian principles were put in practise ; all the old republican , and antimonarchical doctrines , whose effects had formerly prov'd so dismal , were now again as confidently own'd , and asserted , as ever they had been during the hottest rage of the late unhappy troubles . from these preparations to a new rebellion , the party began by degrees to proceed to action . distinctions of sides were made : names , and tokens of separation were given : illegal conventicles were maintained , in defiance of the laws of god , and man : tumultuous feasts , and factious clubs were set up in city , and country : close , and seditious meetings haunted : frequent cabals appointed , and by men of high degree with the lowest : great stores of arms provided by private persons : insolent progresses made through divers countries ; thereby to glory in their numbers , and to carry far and near the terrour of their power , and even to muster their party ready for some sudden blow , or general insurrection . all these , and many more such personal indignities , and publick assaults on the government , his majesty long endured with the same mildness , and clemency , wherewith he had already forgiven the highest crimes against himself ; his royal goodness still patiently expecting , and wishing , that in time the most obstinate of his misguided subjects would see their errour , and return at length to a sense of the duty , they owe him by all the strongest bands of nature and laws , religion and gratitude , that can possibly oblige subjects towards a soveraign . but when his majesty was abundantly convinc'd that all those dark consultations , and open tumults of unruly men , were but so many infallible signs , and forerunners of rebellion , or some extraordinary commotions ; then at last , in a tender respect to his peoples safety , more than to his own , was his majesty constrain'd to awaken his authority , to try what good effect the vigour of his laws would have on those offenders , with whom all his repeated mercy and indulgence had so little prevail'd . yet such was then his majesties hard fortune , so firmly combined were the disaffected , especially by their prevalent interest in packing the juries of london and middlesex , that whilst his majesty carefully endeavour'd to distribute impartial justice to all his subjects , he could not obtain the same right himself ; his enemies still becoming more numerous , and united in those very places , where their desperate enterprises against the government , were likely to be most sudden and pernicious . amongst divers other infamous examples of this nature , was that of colledge the joyner . for though the criminal was so mean a man , and no other ways considerable , but for his audacious forwardness in affronting the government ; yet his majesty , with all his royal authority , could hardly prevail to have him brought to a fair and legal tryal . nor had his majesty been able at last to procure so much justice to be done , had not the process been removed into another county , where ( the rulers of the faction being less powerful , ) that new and damnable opinion and practice of the lawfulness of equivocating and even of perjury for the good old cause , had not prevailed over the old and honest english principles of truth and honour . however though in the end his majesties justice got the better at that time , yet it was defeated in a greater , and more important instance , that of the late earl of shaftsbury ; who had been long and reasonably suspected , and in the issue was manifestly discovered to be the chief author , and supreme manager of all these trayterous contrivances against his majesties crowns and life . the said earl his majesty had formerly pardon'd , inrich'd , enobled , and advanc'd to one of the highest stations in the kingdom ; by a long succession of manifold bounties , endeavouring to render his abilities , and experience in business , serviceable to his king , and beneficial to his country . yet so treacherous and undermining was his genius ; so unmeasurable his ambition ; so impatient of quiet , and moderate courses ; so much fitter he was to be the instrument of a tyrant , than the servant of a just and good prince ; that after many hainous infidelities and offences committed by him , and forgiven by his majesty , he was at length necessitated to discharge him his service ; yet so as to leave him one of the most considerable peers in the kingdom for title and estate . but his aspiring and revengeful spirit could not brook so gentle a disgrace . wherefore having deservedly been dismiss'd the court , he presently attempted to set the country directly against it . immediately he profess'd himself the most zealous true protestant , and the greatest patriot ; thereby slily insinuating his designs into the heads of all sects and divisions in church and state : to them betraying some , vilifying others ; maliciously interpreting all his majesties counsels ; making those very consultations , and resolutions of state , whereof he had been the chief adviser , when he was in power , to be the principal objections against the government , when he was displaced . thus he and his party went boldly on to disturb the publick quiet , and to affront his majesties authority with the highest insolence : in words and writings defaming it , as arbitrary and tyrannical , whilst in deeds he insulted over it , as believing it to be weak , and resolving to make it despicable . and all this with a secure confidence not only of indempnity , but success ; knowing himself to be under the protection of juries of his own appointment , or approbation : and therefore presuming he was far out of the reach of his majesties just indignation . and so for a time it unhappily proved . for being legally indicted of crimes of the highest nature ; though the evidence against him was cleer , and positive ; some of the witnesses being the very same men , whose testimony had been approved of , in the prosecution of oats's plot ; and the very original draught of a treasonable association having been actually found in his custody ; yet he could not be brought to a lawful trial by his peers , the indictment being stifled by a shameful ignoramus ; and that accompanied with so much insolence , that the very ministers of his majesties justice were in much more danger than the criminal , and hardly escap'd the rude assaults of his confederates and party . however , from so great a violation of common right , and of the royal dignity , his majesty gain'd this very considerable advantage , that thenceforth he plainly perceived the main strength of all his enemies arrogance lay in their extravagant power to pack the city-juries . for what treason might not the earl of shaftsbury securely project , or ferguson write , or an association act against the government , whilst goodenough , and a setled club , was at hand with their corrupt pannels , to indempnifie , and if need were , to second and applaud their most villanous practices ? wherefore his majesty foreseeing how destructive , in time , the effects of so great and growing a mischief would be , resolved at length , after many intolerable provocations , to strike at that which he had now found to be the very root of the faction . this his majesty , and all wise and good men perceiv'd , could be no other ways done , than first by reducing the elections of the sheriffs of london to their antient order and rules , that of late were become only a business of clamour and violence : and then to make inquiry into the validity of the city-charter it self ; which an ill party of men had abused to the danger , and would have done it to the destruction of the government , had they been suffer'd to go on never so little farther uncontroul'd . in both these most just and necessary undertakings , the righteous●●●● of his majesties cause met with an answerab●●●uccess . first , notwithstanding all the tu●●●●uous riots the factious party committed , 〈◊〉 ●isturb the peaceable issue of that affair ; y 〈…〉 undoubted right of the lord mayor's n●●●●ating the eldest sheriff , was restored and estab●●●●ed : and so the administration of justice once more put in a way of being cleared from partiality and corruption . and then a due judgment was obtain'd , by an equal process of law , against the charter it self , and its franchises declared forfeited to his majesty . but though this happy event of his majesties controversie with the disaffected part of the city of london , was in all humane probability , the only effectual course to provide for the future peace , and stability of the government ; yet it had like to have proved a present occasion of its utter ruine . for when so many guilty persons found , that the great point of the sheriffs was resetled on its antient bottom , and the city-charter it self in hazard of being speedily vacated ; so that now there would be no farther evasion for them , by any pretence of law , to escape unpunish'd : then they concluded it was high time to bring their devilish purposes to a quicker issue , and once for all to strike boldly at the heart of the king and kingdom . particularly the earl of shaftsbury , being conscious to himself of the blackness of his crimes , and of the iniquity of the verdict , by which he had for that time escaped ; and finding he was now within the compass of the justice he had so lately frustrated and contemn'd , thenceforth gave over all his quieter and more plausible arts of sedition , whereby he proudly bragg'd he should , in time , as his expression was , leisurely walk his majesty out of his dominions ; and on a sudden betook himself to more precipitate enterprises : alarming his companions with a prospect of their common danger ; thence inflaming some to insurrections , others to assassinations ; supposing now there was no way left for him , or them , to justifie their former misdemeanors and treasons , but by attempting and succeeding in greater mischiefs . this was found by evident proof to have been the principal rise and occasion of ripening the horrid conspiracy in the kingdom of england . nor could there possibly have happen'd a stronger justification of his majesties counsels in attempting to rectifie the city-juries and elections ; since it is apparent his principal enemies laid so much stress on the unjust power they had therein usurp'd , that , being once fairly driven from that strength , they immediately resolv'd , nothing less than a bare-fac'd and avow'd rebellion could repair the loss their party sustain'd by so great a blow . as for his majesties kingdom of scotland , it is notorious there has been long shelter'd in it a desperate faction of furious zealots , that under the old professions of the cause of christ , and a purer way of gospel-worship , has grown up by degrees to a violation at last , not only of all the rules and institutions of true religion , but of common humanity . for does not the whole christian world at this day behold with horrour , that the most villanous tenets of the fiercest scottish covenanters , and even of their remonstrators , have been out-done by their successors and disciples in the field-meetings , and armed conventicles ? have they not thence proceeded to all the execrable rage of rapine and violence ? in so much that some of them have lived and died glorying in the most barbarous murders , and basest cruelties ; refusing obstinately with their last breath , so much as to pray for his majesty , or to say , god save the king ; though by an unexampled mercy , they had their pardons assur'd to them at the very place and moment of their execution , upon that single condition . and besides the remains of those bloody enthusiasts , whose principles are not yet entirely extinguish'd , though their force has been twice vanquish'd in open field , by gods providence prospering his majesties arms ; it is certain also the peace of that kingdom has of late been much indanger'd by other great numbers of factious and seditious spirits , who , though at first they would not venture to incourage publickly the others declared treasons , yet stuck not secretly to favour and foment their cause , and as the event infallibly proves , would soon have own'd and headed their fury , had it prosper'd . wherefore the wise care of former sessions of parliament there , having sufficiently provided by a due severity of good laws , against the dreadful consequences of continuing the field-meetings ; for the farther securing the reformed religion , and the antient rights of the crown and the royal family in that kingdom , it was judg'd adviseable , by the wisdom of his majesties great council , the last session of parliament , to appoint and authorise a solemn test to be taken by all persons in place of publick trust , or power . in that session the test was soon pass'd into an act of state , without any considerable opposition : though there were not wanting some turbulent men in the assembly , who took that occasion of shewing , how ill they were affected to the establish'd government of their country ; which they could have no other inducement to be , but either a desire of commotions , by reason of the desperate state of their own ill-spent fortunes , or envy at the better condition of honester men , or some inveterate contagion of treason , derived down to them from the last unhappy age of confusions . of that unquiet and seditious party , the chief and declared head was the late earl of argyle , who during the very sitting of the parliament , had , by many indirect ways , attempted to hinder his majesties service ; the said earl , and the then president of the session , and their complices taking their opportunity , in wording the test , to add thereto all the very same clauses , that have since given any colour of scruple to themselves . but when all his crafts for obstructing the bill were defeated by the far greater number of well disposed members , the loyal voters for it being at least ten to one of the disaffected ; then no sooner was the parliament adjourn'd , but the said earl of argyle , first at edenburgh , next in traversing several shires , did make it his chief business to insinuate every where , into the minds of the clergy and laity , the most malicious prejudices imaginable against the whole tenour of the test. and afterwards on his return to edenburgh he often presumptuously declared , he would either not take it at all , or take it only with a reserve of his own explanation ; which he put in writing and dispers'd : the contrivance of it being such , as dissolves all the obligations of the oath , and makes his own present fancy and private opinion , the only standard , whereby he meant to be guided in all the publick duties of his loyalty and allegiance . at length his majesties high commissioner the duke , and the privy council of that kingdom , having been well inform'd of the said earls seditious carriage in city and country , and being fully confirm'd in their judgments and consciences of his trayterous purposes , in that fallacious and equivocating paraphrase on the test , which he own'd in their presence , perverting thereby the sound sense , and eluding the force of his majesties laws , in order to set the subjects loose from their obedience , and to perpetuate schism in the church , and faction in the state : upon these grounds , he was most deservedly prosecuted by his majesties advocate , before the soveraign justice-court , according to the known laws of his country ; and after a full and equal tryal , he was found guilty of treason , by the learned judges , and a jury not only of his peers , but also many of them his own nearest relations . soon after judgment given , albeit the king was far from any thought of taking away his life , and that no farther prejudice was design'd against him , but the forfeiture of some jurisdictions and superiorities , which he and his predecessors had surreptitiously acquired , and most tyrannically exercis'd ; besides the disposal of part of his estate to pay his just creditors , and some few moderate donatives to those , whom he and his father had formerly ruin'd for their fidelity to his majesty , the surplusage being intended entirely to return , and descend to his family ; yet the said earl abusing the great freedom indulg'd him in prison , ( which he enjoy'd as largely after his condemnation , as before ) fled from his majesties mercy , the knowledge of his own guilt not suffering him to venture on that clemency , whereof he had before participated so plentifully , when he was under the like sentence of condemnation . the king however , notwithstanding this new provocation , still retain'd the same benign thoughts of favouring his wife and children . and before it was known that the said earl had more debt on his estate than the full value of it amounted to , ( which really was his case ) his majesty was graciously pleas'd , in one royal largess , to give thrice more of the inheritance to his posterity , than their father could lawfully have done , had it never been forfeited . but how ill he deserved , or requited so many acts of grace and bounty , will appear by the sequel of his behaviour after his escape . for in stead of doing what his complices and dependants gave out he intended , that he would humbly cast himself at his majesties feet , and implore his pardon , which he , of all men living , had no reason to think desperate , he is no where to be found , but associating with his majesties implacable enemies in the head of new machinations of treason , employs his liberty abroad in maintaining traiterous correspondences at home , with restless malice exciting the wicked conspirators of both kingdoms to a fatal union against the life , government and family of his liege soveraign and benefactor . and all this is to be proved upon him by arguments as clear as the sun , by the credit of his own authentick letters , and by the plain depositions of his principal messengers and agents in the whole villany . by this brief recollection of the troubled state of affairs , and the tumultuous temper of ill mens minds , in his majesties kingdoms of england and scotland , about the time when this treasonable conspiracy was in agitation , the impartial world may perceive , from what destructive seeds of sedition , private passions and animosities , under the disguise of religion and the publick interest , so monstrous a birth was produced . in the wonderful discovery of which detestable confederacy , and in the happy prevention of its dire effects , as all who have heard of it , must acknowledge that a signal care of gods providence has appear'd , for his majesties and these nations preservation : so his majesty gives the sacred word and protestation of a king , that nothing has been done , on his part , but what was agreeable to that royal benignity and natural candor of his whole life , whereof all the world , even his enemies , have had such undoubted experience . the evidence was , most of it , deliver'd in his majesties own presence . the examinations were taken by men of unquestionable reputation and honour . the whole proceeding has been managed with all imaginable integrity . there has been no straining or extorting of accusations to blemish the fame of the innocent . : no temtation of rewards proposed : no pardon assured before-hand , for discovering or aggravating the crimes of the guilty . some witnesses , who offer'd themselves , of whom there might have been any colourable suspicion , his majesty wholly rejected : lest it should once again happen , that the blasted credit , or needy condition , or profligate lives of the persons deposing should derogate from the strength of their depositions , and administer any the least doubt of subornation . those witnesses his majesty admitted had been generally men strongly prepossess'd in conscience , zeal and interest for that party : men whose former avow'd hatred of the government was reason sufficient to gain them an absolute trust with any , who studied to overthrow it . they were not of desperate fortunes ; nor despicable men. for the most part they separately and singly brought in their discoveries . divers of them had little or no conversation or familiarity one with another . there was no shadow , or possibility of a combination between them all to discover ; yet such is the prevalence of self-conviction , and so great the power of truth , that all their several discoveries did perfectly agree with themselves and with each other in all material parts and circumstances . it was therefore in the summer of the year , a time when all his majesties dominions injoyed a settled peace , and profound security , whilst the greatest part of the neighbouring world was involved in wars and combustions , that his majesty and his council were suddenly awaken'd with the surprizing knowledge of this dreadful conspiracy , which had been laying very deep and broad for many months before . the man whom god chose to make the first discoverer , was josiah keeling , citizen and salter of london . a person of good credit in the common business of his calling : but otherwise a most perverse fanatick ; so fiercely addicted to their cause , that he had been one of the busiest sticklers in all the late publick oppositions against the government . particularly , he was the very man who undertook , and perform'd the most insolent assault upon authority , that perhaps the party ever attempted in full peace ; which was the arresting the lord mayor , in open day , in the midst of the city of london , for refusing to admit the pretended sheriffs , who had been chosen by those meetings of the factious in and about the city , that the law has since condemn'd as unlawful and riotous . however , by so eminent and bold a piece of service , together with his former approved activity and violence for the discontented interest , was keeling judg'd by the chief conspirators fitly qualifi'd to be admitted into their most private consultations . and accordingly thereafter they trusted him , as one of their surest confidents . in so much that he was invited to make one of the forty miscreants , whose proper part it was to assassinate his majesties and his royal highnesses persons . of which number after he had freely consented to be , and had met and acted jointly with the rest for some time , to prepare the cursed work for a speedy execution ; it pleased the divine goodness so to touch his soul with the horrour of so amazing a crime , that he could not rest day nor night , till after much conflict in his mind , he had fully determin'd to discharge his conscience of the hellish secret. wherefore having first communicated some part of his burden to one mr. peckam his private friend , who had often before warn'd him in general of the dangerous course he was in , by so deeply ingaging in all the former seditious intrigues , he was by him directed to address himself to the lord dartmouth , one of his majesties privy council , who remitted him to sir leolyn jenkins , principal secretary of state , before whom he gave his first information upon oath , and in due form of law , on the twelfth of june in that year . but the intended assassination , upon the first disclosing of it , appear'd to be so prodigious a barbarity , that his majesty for some time gave but very little ear , and slow credit to this information , as little suspecting as deserving such usage from the worst of his subjects . which generous caution that his majesty took , not to be impos'd on by new rumours of plots , and his gracious tenderness not to believe so ill of his very enemies , but upon certain demonstration , was one of the chief occasions , that divers of the principal agitators and managers of the whole business , took the alarm , and got time to scatter and withdraw beyond the seas . however , by gods providence continually watching over his majesties and these nations safety , so many of the traytors soon after fell into the hands of justice , who did either voluntarily acknowledge their being partakers of the treason , or were convicted of it by evident proof ; that henceforth who ever shall pretend not to believe the truth of the whole , they must either be such as were parties in the design , or so monstrously unreasonable , as to believe there never can be a real plot against any prince or state , but what does actually succeed and take effect . thus much is certain of this conspiracy , and it is so remarkable and extraordinary , that perhaps the like cannot be affirm'd of any other mention'd in all history , that there was scarce a man attainted , or executed for it , who did not , more or less , add some new light to the several parts of the dark contrivance ; either by a plain confession of it , or by their very manner of denying it ; and by the weakness of the subterfuges , whereby they endeavour'd to palliate their crimes . upon the whole matter , though his majesty doubts not but the treasonable infection was , in some degree or other , spread into most quarters of these kingdoms , amongst the ringleaders of the republican clubs , and lawless conventicles in town and country ; there being no reason for any man to think otherwise , since it was the usual boast of their principal factors , that more than twenty thousand persons were made privy to the very beginnings of it , before the late earl of shaftsbury's flight : yet his majesty utterly abhorring that bare suspicions , though never so probably grounded , should prevail to conclude any man guilty , has resolved no reflection shall be made on the fame of any , but only such , whose part in it was made out by positive testimony . and in the kingdom of england , besides the earl of shaftsbury , who during his time , was the prime engineer in contriving and directing all the several motions and parts of the whole conspiracy ; next under him , the persons who are already judicially found to have been deeply concern'd as actors , some in the insurrection part , others in the assassination , divers of them in both together , are these , the duke of monmouth , whom the factious party had long corrupted , and alienated from his duty and gratitude to the king and his royal highness , by suggesting and increasing in him groundless fears , and poys'ning his mind with unjust and forbidden hopes . the lord gray of wark , who for some years had been ingaged in the most furious designs of the faction ; of late especially , after he found that the wickedness of his private life could neither be so well hidden , or go unpunish'd in a quiet state as in publick disturbances . the late earl of essex , whose dark and turbulent spirit and insatiable ambition had carry'd him on to be one of the principal authors of all the late distractions in publick councils and popular heats against the government : till after many such ill practices , unworthy the son of such a father , god left him at last to fall into this precipice ; and permitted him to punish himself for it more severely than the king could ever have found in his heart to do , had he but given his majesty time to make use of the excellent goodness of his nature . the lord howard of escrick , who had always been a busie promoter of fanatical and republican projects for alterations in church and state ; and was therefore for a time the second favourite of the disaffected , whilst he was imprison'd with the earl of shaftsbury . nor did they ever make any objections against the honesty of his private life , till he came to the honestest part of it . the lord russel , a person carried away beyond his duty and allegiance into this traiterous enterprise , by a vain air of popularity , and a wild suspicion of losing a great estate by an imaginary return of popery ; whereby he was the more easily seduced by the wicked teachers of that most unchristian doctrine , which has been the cause of so many rebellions , and was so conformable to his presbyterian education , that it is lawful to resist and rise against soveraign princes for preserving religion . colonel algernoon sidney , who from his youth had profest himself an enemy to the government of his country , and had acted accordingly . as he lived , so he died , a stubborn assertor of the good old cause . mr. john hambden the younger , who has renew'd , and continued the hereditary malignity of his house against the royal family ; his grandfather having been the most active instrument to widen the breach between the late blessed king , and the seduced part of his people . the usurper cromwel often own'd , that mr. hambden was the very man who advised him to oppose the justice and honour of his majesties cause , with an affected zeal of conscience and pure religion . sir thomas armstrong , a debauch'd atheistical bravo ; one of those , who with an hypocrisie peculiar to this age , would have pass'd for the most forward reformers of church and state ; whilst they themselves both in their practise and opinions , were the greatest corrupters of virtue , and all good manners . lieutenant colonel walcot , an old officer in cromwel's army ; who after pardon and indemnity receiv'd , and a plentiful estate secured to him by his majesties most happy return , yet was actually ingaged in all the plots against the government ever since : particularly in that of ireland some years ago , to surprize the castle of dublin . he was introduced by the lord howard , under the character of a stout and able officer , into a strict familiarity with the earl of shaftsbnry ; from whom he never after parted till his death ; accompanying him in his flight into holland , and returning thence with his corps ; he and ferguson having this peculiar mark of his kindness , to be named legatees in his last will and testament , as his special friends . colonel john romzey , who had gotten credit abroad in portugal , by his courage and skill in military affairs . he was recommended to the earl of shaftsbury as a soldier of fortune , resolute and fit for his turn , in any desperate attempt . by his majesties favour , upon his royal highnesses intercession , he got possess'd of a very considerable office in the customs of bristol ; which having sold , he afterwards most ungratefully became the said earls entire creature and dependant . nor was he ever a profess'd papist , as , since his confession , the party has given out that he was , according to their wonted impudence of lying . thomas shepard merchant of the city of london , one of a plentiful estate , and eminent repute , as any of his rank on the exchange : but a violent nonconformist , and disciple of ferguson's . the two goodenoughs , richard and francis , both notorious enemies of the establish'd government in church and state. during all the time of the factious citizens most furious eruptions against authority , they had been both , for some years , by turns , under-sheriffs of london and middlesex ; so that the whole wicked mystery and trade of packing the ignoramus juries pass'd through their hands . major holms , a fifth-monarchy-man , an old army-officer , a confident of cromwel's , and trustee for his family . in the late times of usurpation he was a major in the english army in scotland , where he became acquainted with the earl of argyle , and was since made intimate to all his treasonable purposes . richard rumbald maltster , another old army-officer , a desperate and bloody ravilliac , who had often before laid designs for the king's murder , which god as often prevented by some signal providence . william rumbald , his brother worthy of such a brother . aaron smith , a furious fanatick , who amongst many other seditious practices , was a factious sollicitor for college the joyner : and with unparalell'd boldness dared to menace the government , and to put a libel into that notorious malefactors hands , before the judges faces , at the very time of his tryal : for which high misdemeanor , he has since fallen under the censure of the law. william hone , a joyner , a melancholy enthusiast , of colleges trade and spirit ; who besides a large confession of his and others share in this conspiracy , did also frankly own at his tryal and death , that many years before he had proposed and design'd the killing of the king out of bow-steeple , as his majesty was passing to guild-hall . john rouse , a busie agent in all the tumultuous proceedings of the city elections . zachary bourn , a brewer , son to an obstinate independent , and he himself one of ferguson's hosts and familiars . thomas lea a dyer , andrew barber , both anabaptists . however these three last mention'd did in some measure expiate their guilt , by their ingenious and voluntary confessions . john ayloff a lawyer , the very man who in a spightful defiance of his majesties government , did many years since venture to put a french wooden shooe into the speakers chair of the house of commons . nor has the rest of his life since come short of the insufferable insolence of that action . joseph tyley , edward norton , edward wade , richard nelthrop , robert west , all of them republican lawyers , their hatred of the government transporting them to be factious , against the known interest of their own profession . these were all men of crafty heads , and nimble tongues ; restless spreaders of false news , bold talkers in seditious clubs ; where , according to the corrupt fashion of those times , the most profligate persons of all conditions were wont openly to arraign the monarchy , and vilifie the church , under the fair shows of amending both , and a tender concernment for the publick good. next , in the kingdom of scotland , the names of the chief instruments , who are already proved to have transacted that part of the conspiracy under the conduct and influence of the late earl of argyle , and who since , well nigh all to a man , but those that escaped on the first notice of the discovery , have made ample declarations of their guilt , are these , sir hugh and sir john campbell , near relations of the said earls , and as much the profess'd enemies of their countries peace and government . sir john cockran , mr. william baillie , men egregiously disaffected to the government , and therefore of considerable interest with its most desperate enemies in both kingdoms . these , together with monroe , were the persons desired by the english managers , to come up to london , and treat of a joint conspiracy with their brethren here , under the disguise of planting carolina . at the same time lieutenant colonel walcot was call'd out of ireland for the same end , but under colour of being the intended governour of that plantation . to this purpose they were first invited hither by the earl of shaftsbury , and after his death again sent for by a particular messenger . accordingly they actually came up and negotiated here some time , in order to a firm conjunction between the traytors of both nations for a general rising . nor was the treaty wholly broke off , or adjusted , at the very time when the discovery broke forth . to these are to be added , james steuart , son to sir james steuart sometimes provost of edenburgh . he was fitted for such a design by his hot and fiery temper , and by his education , and his fathers example ; who together with most of his relations , were violent covenanters . this man was the author of the libel call'd , the scottish grievances . the lord melvil , descended from progenitors of such principles as have been ever against the crown , when they have fancied their kings not zealous for the reformation . this man had the management of the duke of monmouth's affairs in scotland many years : and when the duke march'd against the rebels near bothwel-bridge , the said melvil ( as the earl of shaftsbury had advis'd ) sent to them to capitulate , assuring them , the duke of monmouth had orders to give them good conditions ; and when they would not submit , melvil was over-heard to say , that all was lost : for the beating of them would lose the said duke with his friends in england . sir patrick hume of polwart , who kept correspondence with shaftsbury many years , and had been formerly imprison'd in scotland for traiterous expressions . — pringle laird of corwoodlee , a noted fanatick , and of antimonarchical principles from his infancy . — denham of east-sheels , just such another , but less cautious , and more headstrong . — montgomery of lenshaw , a covenanter to the highest degree of bigottry . commissary monroe , who had well serv'd his majesty in the wars , as an active , brave man : but upon some injuries he pretended to have receiv'd from the duke of lauderdail , he grew enrag'd to such a degree , as led him into these courses ; which now make him so uneasie to himself , that he has often begg'd of his keeper to kill him , for such an ungrateful wretch should not live . hugh scot laird of gallowsheels , james murray laird of philiphaugh , both zealous sticklers for the field-conventicle-meetings . besides these , the principal scottish agents , there were divers other inferior emissaries of that nation , who went to and fro to carry on the traiterous intercourse between scotland and england , and with the earl of argyle in holland . such as william carstares , a scotch conventicle-preacher to a numerous meeting at theobalds , where rumbald was his frequent hearer . william spence , who had been comptroler , and was now employed as secretary to the earl of argyle , taken in london under the name of butler . john nisbet , born in northumberland , bred up at the university of edenburgh ; where he was the leader of those seditious students , who rais'd a tumult upon occasion of burning the pope in that city . but of all the conspirators , whether english , or scotch , the man , to whom next the late earls of shaftsbury and argyle , belong'd the chief place and precedence in the whole diabolical design , was robert ferguson a scotch-man ; he had been divers years a fierce independent-preacher in the city of london , and had long brandish'd his poys'nous tongue and virulent pen against the government : he is manifestly convicted to have had a hand in the most scandalous libels of those times ; and was always particularly cherished , magnified and maintained by the party , for his peculiar talent in aspersing the government , and reviling his majesties person . so that upon all accounts , of his restless spirit , fluent tongue , subtil brain , and hellish malice , he was perfectly qualifi'd to be the great incendiary , and common agitator of the whole conspiracy ; and after shaftsbury's death , it cannot be denied , but he was the life , and soul of all , especially for the carrying on of the assassination . these persons appear hitherto to have been the principal contrivers or instruments of the whole treason , in the kingdoms of england and scotland . divers others there are , concerning whom more than conjectural proofs may be given , of their being engaged in it : but his majesty is willing to spare particular names , as far as may stand with the necessary , and just vindication of his government . it may suffice , that of these his majesty has here allowed to be mention'd , the world is abundantly satisfied , that the several shares they undertook in this conspiracy , were very agreeable to their former well known perverse principles , and declared disaffections to the government . it is therefore certain that in the year , before , and especially after midsummer-day , when the great business of electing the city sheriffs came of course to be agitated ; the whole factious interest in and about the town , prepared to employ the main of their power and craft in preventing the swearing of the true sheriffs , on the michaelmas-day ensuing . all which time nothing was omitted by the disloyal citizens , and great numbers of strangers unduly mingled with them in all their assemblies , to elude or terrifie the honest zeal of the loyal , and to deceive and gain over the doubtful members of the city ; whether by direct or indirect ways , it matter'd not : for just about that time the new and devilish invention came to be most in vogue , by which they made the receiving all oaths , and taking the very blessed sacrament of the lords supper , to be only an instrument for the promoting their pretended godly designs . wherefore in that space of time , all imaginable prophane , and seemingly holy cheats and prevarications were practis'd : all sorts of arms never before known to be procured in such quantities by private persons ; such as blunderbusses , steel armor cover'd with silk , and the like , were carefully sought after , and bought up : the most improbable false rumors fill'd every street ; that now all true protestants were to be massacred in an instant ; that such sheriffs were nominated , as had consented to be the executioners ; that popery was speedily to be introduced barefac'd , and in triumph ; that all faithful adherents to the government were but papists in mascarade : popery being still made the word of alarm to excite and exasperate the populace : though it is manifest , the authors of all those clamours against popery , never intended its suppression : for that would not have consisted with their design , which was , by the popular dread of it , upon all occasions to shake the crown , and undermine the church of england . the truth is , to such a heighth of arrogance were things grown on their side , that whoever shall indifferently reflect on the dangerous devices , slanderous reports and writings , and other violent emotions of the whole party , that summer in the city , they will have just cause to conclude , that the course of their proceedings was not so much a civil struggle against their fellow-citizens for victory in the peaceable choice of two subordinate officers of justice , as a decisive contention for a mastery over the whole government . yet however cunningly the train was laid , it took no effect but on themselves . the noise and rage of all their mutinous routs in taverns and coffee-houses vanish'd into air. sir john moor the lord mayor , together with the greater number of wiser , richer , and better citizens , understood rightly , and stuck unmoveably to the kingdoms , and their own true interest . mr. north and mr. rich were quietly admitted , and sworn sheriffs at the appointed time , with the usual solemnities . immediately after this , the very same night the earl of shaftsbury privately withdrew from his own house , redoubling his old exclamations of popery , tyranny , superstition , idolatry , oppressions , murders , irish witnesses ; of whose subornation no man in the three kingdoms could have given a more exact account than himself . whilst he thus lay secret in the city , romzey , walcot , ferguson , goodenough , and others his complices , daily frequenting him , they applied themselves with all diligence to expedite the rebellious work before projected : his vain-glory , and the conceit of his own dexterity , and his former constant success in making confusions , inclining him to fancy , what his flatterers suggested , that the whole city and kingdom were at his beck , and upon the holding up of his finger , would presently rise in arms to extirpate the two brothers , slavery and popery , as they were lewdly wont , in their private debauches , to style the king and his royal highness . the said earl of shaftsbury had some time before set on foot a treaty with the earl of argyle , who , after his escape out of edenburgh-castle , came privily to london , held divers meetings with the confederates , and offer'd , that for l. sterling he would make a sturdy commotion in scotland . but the sum of money demanded being so considerable , and many other scruples started , and unforeseen difficulties rising , which could not so presently be removed , as argyle's pressing danger required , he first quitted the field , and retired into holland , with intention there at a greater distance , and more security , to renew and prosecute the same proposal . about that time also both ways of destroying these kingdoms were brought under their consideration , the general way of an insurrection , and the more compendious way , as they call'd it , of assassinating the king and duke in their return that october from newmarket . the insurrection was instantly promoted on all hands , in town and country . but the assassination having then not been soon enough thought on , went no farther than discourse , to be afterwards resumed , and more deliberately provided for against the next opportunity . in the mean while the long expected michaelmas-day being thus calmly pass'd , and the new sheriffs having taken a peaceable possession of that power , whose influence on the whole nation , the said earl of shaftsbury well understood , no man better : then he began on a sudden to have a quicker and sharper sense of the urgent state of their common affairs , especially of his own imminent peril , and to accuse the rest of the confederates of backwardness , if not of treachery in the public cause : first communicating his suspicions and jealousies to the lord howard , who had been so lately the companion of his restraint , and gaol-delivery . the lord howard was retir'd some days before into essex , waiting the result of that great day in the city , whence he receiv'd frequent intimations from his friends of the faction , in a style obscure , but by him well understood and concerted between them ; that now the business which had been transacting so long amongst his correspondents , was coming to good issue , and call'd for his speedy presence . that occasioned his return on the same michaelmas-day , and presently after , walcot came to him from the earl of shaftsbury with a message expressing his earnest desire to speak with him , in his concealment at one watson's in woodstreet . accordingly the lord howard giving him a visit , the substance of the said earl's first discourse with him , was , that finding the due elections , as he call'd them , of the city frustrated , and the pseudo-sheriffs establish'd , he could no longer think any honest man safe ; and had therefore hid himself there , having first made what preparations were needful for a sudden rising : that many thousands were ready in the city to master the gates , and attack whitehal : that they within were to be assisted from the countries adjacent with or horse under good officers . only he complained of the duke of monmouth's , and the other great mens backwardness , who had promised , by rising in other remote counties at the same time , to give a diversion to the standing forces . the sum of this the lord howard the next day communicated to the said duke ; who also on his part complain'd of the earl of shaftsbury's acting of late on a separate bottom , and that his present fears had blinded his usual prudence ; and therefore he required a speedy meeting with him , to re-establish a better understanding and union of counsels between them all for the future . this discourse being reported back to the said earl , he replied , his people were impatient of longer delays , having advanc'd so far , that there was no retreat ; the design being imparted to so many , that it was impossible but it would quickly take air. upon this he proceeded to declare his vehement suspicion of the duke of monmouth ; that his dilatoriness proceeded from some private correspondence between him and his majesty : that it was to be fear'd the said duke acted with a prospect very different from theirs ; only minding the advancement of himself : whereas his own resolutions were , that since it was now manifest their liberties were no more to be secur'd but under a commonwealth , he alone with his interest would attempt the deliverance of his country : if the rest of the lords would concur with him , they might share in the glory ; else he hoped he should be able to effect the work without them , by the help of an honest brisk party in the city . upon this answer the duke of monmouth , suspecting that before their people could be ready in the country , the earl of shaftsbury's unseasonable anxiety for his own safety might put him on attempting some rash action in london , which would be easily quell'd by the form'd and disciciplin'd guards , and so the whole design might be stifled in a moment ; he did therefore the more earnestly press the lord howard to make another essay to procure an interview . the lord howard did so , and got from the said earl a promise of meeting the confederate lords the next day in the evening ; which yet , when the time came , he put off with an excuse by colonel romzey . however , some days after they did meet ; their differences were in some measure piec'd up , and they began to act jointly again towards a speedy insurrection . to this purpose several days were proposed . one about the latter end of october , but it was delay'd a little longer , till the concurrence of the the several counties could be signified up : then that of queen elizabeth , being novemb. . was named , but rejected , because all his majesties guards were commonly in arms to watch and suppress the wonted tumults of the rabble on that day . at last the nineteenth of november was fixt on ; which happening that year to be on a sunday , whilst some excepted against it for that reason , ferguson with his usual impious virulency , reply'd , that the sanctity of the day was suitable to the sanctity of the work. the day being thus determin'd , they all presently fell to prepare as their several parts were allotted : especially the great managers held assemblies to receive accounts , how the counties were dispos'd , and to consult upon surprizing the guards ; for which end the duke of monmouth , the lord gray , and sir thomas armstrong , undertook to view the posture of their quarters , and reported back to their principals , that the seizing them was a thing very feasible ; which very particular the duke of monmouth afterwards confess'd in so many words to his majesty , when he rendred himself . in the mean time the earl of shaftsbury was very uneasie , and weary of lurking in holes , where every sound and breath of air began to frighten him . wherefore with repeated and importunate messages he press'd the other lords to keep to their day ; expostulating with them upon their former slowness , whereby they had lost so many advantageous opportunities . the case being now so much alter'd , that he , who once presum'd his driving out the king would prove but a leisurely walk to him ; when the danger drew near himself , was become so apprehensive , and rash , as not to afford his own wicked counsels leisure enough to come to any tolerable maturity . at length one day , when their great council about london was assembled at shepard's house in abchurch-lane , the said earl sent colonel romzey to quicken their debates , and once for all to learn the result of their final determinations . but they having just before received several advices out of the west , that their friends there , especially in taunton and devonshire , could not possibly be ready on so short a warning , presently sent him back such word ; concluding it could not be helpt , but he and they must be content to respite the time of execution to a longer day . this positive answer broke all his measures , and made him instantly resolve to leave england . wherefore first he removed his lodging into wapping ; then , the very night that place was burnt , being also the night of the same th day of november on which he had expected to set the whole nation in a flame , he privately sculk'd down the river ; attended only by the two chief complices and witnesses of his treasons , walcot and ferguson ; the latter of them having been forc'd for some time before to abscond too , because of a warrant out against him , for publishing some one , or other of his many treasonable pamphlets . that was the last considerable effort made by the earl of shaftsbury , against the king and kingdom . after this , nothing more was heard of him , but that being got into holland in a panick fright , he lived obscurely and soon after died in amsterdam ; having few or no other companions of the last part of his life , but several miserable english and scotch fugitives , who had formerly been the instruments of his trayterous practises , and were forc'd to fly the stroke of justice , on that account : so that he could not but know , that all those about him in his sickness and death , had just reason to hate , and curse him , as their principal seducer and cause of their ruine . nor can such an end of such a life be justly reflected on , without a special adoration of the secret counsels of the divine providence . that he , who a little before was generally esteem'd the head , and protector of all the factious in the kingdom , whom he vouchsafed to distinguish and honour by the title of worthy men , and the terror and scourges of all the good , and the loyal , whom he mark'd out , and design'd for destruction and slaughter , under the name of men worthy : he who , in his own conceit , had so much the absolute disposal of the hearts and hands of all the disaffected , as to be able to subvert the establish'd government , when he pleased , and had really once gone very far to effect it , had not his own presumption defeated his malice ; that this very man , having seen all his hopes , and contrivances dash'd in pieces at home , should have nothing left to do , but to take shelter , in that commonwealth , which in his former greatness , he had so mortally provok'd ; there to lead a life of disgrace and misery , and to dye neglected in a country of which he had formerly express'd so great a hatred : and yet still retaining so much venemous rancour against his most gracious master , as to profess with his last breath , that he had deservedly receiv'd his deaths wound , meaning the bruise in his side and now his death in that country , where he had done his own so much mischief ; when he was one of the commissioners sent thither , in the year , to invite his majesty home freely and without terms . after this , though the earl of shaftsbury was gone , yet the impressions of mischief he had left behind on the minds of the confederates , would not so easily vanish . they soon reflected on his last advise , that so , many having been made conscious to the design , they should certainly find more safety in pushing it on boldly , than in too late a retreat . upon this immediately they recover'd their spirits and resolution , which his hasty flight had somewhat damp'd ; thenceforth they renewed their consultations with greater vigour than before : the principal managers having their frequent meetings , as also the inferior instruments theirs ; whilst some of each number gave secret intimations to the other of what was passing in their separate assemblies . of the great council of six , the consults that have been hitherto plainly testifi'd and sworn to , were those at mr. hambdens , at the lord russels , and at mr. shepherds . the subordinate cabals were kept in divers places in and about the city ; as in the december of that year , at colonel romzey's house in the soho square ; in the next february at west's chamber in the temple , about which time it was agreed that ferguson should be sent for , as he was , and came over accordingly . then their meetings were more frequent upon the kings being at newmarket , and after : usually at west's lodgings , for the conveniency of its situation ; or in common taverns ; as at the miter within aldgate ; the horse-shooe on tower-hill ; the fortune at wapping ; the syracusa-house ; the kings-head in atheist-alley ; the salutation and the george in lumbard-street on june the twelfth , the very day of the discovery , they met at the sun-tavern behind the exchange ; on june they met at bailly of jerviswood's chamber , and again in bartholomew-lane , and at the green-dragon on snow-hill ; and so continued to do some where or other , till they totally dispers'd from walcot's lodging in goodman's fields . their meetings being so generally in places of publick entertainment ; therefore to prevent the observation of drawers and servants , they often discours'd of their whole bloody business , in a canting language of their own making . the king was sometimes call'd the church-warden of whitehall : the king and duke the black-bird and the gold-finch ; the captain and lieutenant . provisions of arms , as blunderbusses , muskets , pistols , were talk'd of , under the disguis'd names of swan-quills , goose-quills , crow-quills . the insurrection was styled the general point , the assassination the lopping point , and striking at the head. and because several of the conspirators were lawyers , it was sometimes agreed , that their wicked intentions against the king and the duke , should be veil'd under the terms of disseising him in possession , and barring him in remainder : at other times the killing of both pass'd for executing a bargain and sale , as being a short manner of conveyance ; and the rising in arms , as the longer , and more tedious way , for executing a lease and release . the villains thus wantonly abusing the innocent terms of the excellent profession of the common laws of england , to cover their horrid designs against his majesties person and crown , whose preservation and prosperity is the great end , and sense of all those laws . but for the most part , when they were free and amongst themselves , they discours'd of the whole contrivance in plain language , and without reserve : their common healths being such as these ; to the man who first draws his sword against popery and slavery , in defence of the protestant religion . confusion to the two brothers , popery and slavery ; explaining the same to be meant of the royal brothers of whitehal . and when some of them , who were less harden'd in cruelty , express'd some kind of consternation and dread of the consequences of so dire a stroak , and desir'd the infamy of it might be thrown on the papists ; others , particularly ferguson , declared , they thought the action too good to have the papists carry away the honour of it ; and often applauded it as a glorious work ; that it would be an admonition to all princes to take heed how they oppressed their subjects ; that he hoped to see the fact rewarded by a parliament , and the actors in it have the honour of statues erected to them , and the title of preservers of their country . so also when nelthrop , walcot and some few others readily declar'd themselves willing to joyn in the insurrection , but shrunk a little at first at the horrour of the assassination , r. rumbald and r. goodenough with monstrous impiety maintain'd the kings and the dukes murder as the more pious design of the two , and recommended it as keeping one of the ten commandments , and the best way to prevent shedding christian blood. in these their private cabals , the matters they promiscuously treated of , were either a general insurrection , or the assassination of the kings and his royal highnesses persons . of the assassination divers ways were consulted , till they fix'd on that of the rye . the insurrection was proposed to be made at the same time in england and scotland . the adjusting that part of it , which related to scotland , was chiefly under the care of the council of six , and manag'd by commissioners of both nations sitting in london : all which particulars are so circumstantially set forth , so often repeated , and demonstrably confirm'd in the ensuing evidences , that it will be sufficient here only to direct the readers observation , by giving a brief summary of the whole . towards an insurrection throughout england , they laid the greatest stress on the city of london ; not doubting but if that were once secur'd to them , the rest of the nation must of course fall in ; taking incouragement and example in this , as in many other things , from the cursed methods of the unnatural rebellion in the late kings time . the city of london therefore was carefully divided by them into twenty parts ; and to that purpose one of the largest maps of the city and liberties was hung up in west's chamber , the most usual place of their rendezvouzes ; the making the several partitions and allotments of the whole , being committed to richard goodenough , who by reason of his universal acquaintance , as having been so often under-sheriff , was judg'd the fittest man of the whole party for that work. the city being thus divided , it was agreed , that every division should be assign'd to some one principal man of greatest trust , courage and conduct ; each of those twenty was to chuse nine or ten , or more , in whom they could confide . these were to have the inspection of the several under-walks , and from time to time to make returns of their numbers and strength ; and when the list was finish'd , it was to be communicated to the supreme managers . by this means they made no question but they should have a select body of at least eight or ten thousand approved and well appointed men to make the first onset ; goodenough alone having assur'd them , that out of seven divisions only , there were resolute men prepar'd to be ready at an hours warning . for the increasing their numbers , and drawing in new converts , this one general rule was carefully prescribed , that the bottom of the design should in the beginning be warily conceal'd from all persons with whom they treated . first their inclinations were to be try'd by gradual insinuations , and plausible discourses at a distance , till they had gain'd a full assurance of their fidelity . they were to be ask'd , what they would , or could do , in case of a foreign invasion ? when it was answer'd , they would readily assist against any common enemy : then it was next to be demanded , whether they would contribute the assistance of their persons , or purses , or both ? that being also determined , it was to be farther inquired , what furniture of arms , horses , and money they had in readiness ? what friends they could engage ? and if these questions were resolved according to their minds , then the whole mystery of the villany was to be frankly disclosed . they were to be told in down-right terms , that there was already an oppression and force upon all they had ; that there was an actual invasion on the english liberties , properties and consciences : that the only obligation the subject has to the king , is a mutual covenant ; that this covenant was manifestly broken on the kings part ; that therefore the people were free from all oaths , or other tyes of fealty and allegiance , and had the natural liberty restored to them of asserting their own rights , and as justly at least against a domestick , as against foreign invaders . the way being thus made to sound and prepare the dispositions of ill men for any violent enterprize ; the next thing that came under deliberation was mony. for that , several of the particular conspirators declared , they had considerable sums of their own , or deposited with them , which were ready , and might be call'd for on occasion ; that great subscriptions had been made of divers thousands of pounds , which when the time of action drew neer , were to be distributed amongst the chief of the twenty divisions ; that this would be enough to make provision for a sudden push : but if the business succeeded , half a years rent of the chimney-mony would be due , besides what the excise-office and the custom-house might afford : that all the mony and plate in lumbard-street , and what was in the possession of the bankers , goldsmiths , and other wealthy men in london , or the suburbs , was either to be seiz'd on as a just forfeiture , or borrowed under the name of the old , and antiquated cheat of the publick faith. particularly ferguson , whose constant custom it was , in all their consults , to out-do all the rest by some peculiar circumstance of cruelty of his own invention , added on this head , that little or nothing was to be expected from the old rich cititizens ; that therefore five or six of them were to be kill'd at first , and their estates given to the mobile , to terrifie the rest . the next necessary provision they debated on was arms. and it is notoriously known , the whole party had for a long time before , been gathering great abundance of all sorts : all probably with the same prospect , and in the same proportion for their parts in the conspiracy , as the lord gray had done for his , though they happen'd not all to be so manifestly detected . for a good while before any conspiracy was suspected by his majesty , or his ministers , the said lord was found to have by him , hid under other common furniture in a dark garret , above fourscore compleat arms in his private city-house , where no open robbery or assault could be fear'd ; and by consequence , there could not be the least shadow of pretence that they were laid in there for his own lawful use or defence . but besides these stores , which they had every one made for themselves ; it was resolv'd at the very first to attempt the publick magazines in and about the city ; particularly that in the artillery-ground , where a considerable number of excellent arms were commonly kept without a guard , for the frequent exercises of the citizens . many thoughts also were spent how to engage the seamen to their side . to this end several riotous meetings were made at wapping , the greatest men amongst them not disdaining there to feast and cajole the rabble ; often styling that scum of people they there met with , their honest wapping friends . besides this , some sea captains were tamper'd with , and a golden ball was proposed to be hurl'd upon black-heath ; none questioning but the seamen , assembled at that sport , would declare for them as one man ; upon a groundless fancy , that they were of themselves highly discontented , and ready to mutiny for want of pay. though it must be said , and his majesty does hereby publickly own , that their practises with the seamen met with the least success of any . nor is it imaginable , the brave race of english mariners should ever prove false to his majesty , who has cherish'd , incourag'd , and promoted that profession more than all the kings of england have done since the conquest ; his majesty well understanding that the safety , riches and honour of this kingdom depend most on its maritime greatness . however , the conspirators not in the least doubting but they should have sufficient numbers to make a stand , and give time to others to come in , and declare ; their rendezvouses were appointed in the chief piazza's , and most of the convenient posts of london and westminster ; whence they might at once attack the bridge , the exchanges , the guards , the savoy , whitehal and the tower ; and they had ready in town about of cromwel's old officers to head and govern the mixt multitude as soon as they should appear in arms. at the same time a party of horse was to come out of the country to scour the streets ; and immediately barricadoes were to be made : the horses of hackney-coaches , and other strangers were to be seiz'd on : the horse-guards not actually mounted to be surpriz'd in their several stables : the churches to be broken open , and used as st. pauls was in the late times . ferguson had also often assur'd them , he could promise for three hundred scots to be ready at a day ; affirming , that such a number , most of them bothwel-bridge men , resided about town , as journey-men in divers trades , and were to be commanded by ten or twelve gentlemen of that nation : adding , that some hundreds more went about the country with packs , taking that way to get and carry intelligence , as well as for a livelyhood . upon supposition of this strength , whitehal was to be assaulted at once by one party from the strand , by another on the back-side from westminster , and on the river by water-men in boats with hand-granadoes . and in confidence that his majesty and the whole court would speedily either be taken or fly , there were distinct parties assign'd to way-lay them on the road either to windsor or portsmouth . their principal aim being to surprize the tower , as a place most able to annoy them , and where there lay great magazines and stores of ammunition to furnish them , they had many debates of stratagems proposed on that subject . one was to be perform'd by night , by firing a parcel of fagots to burn down the gates , whilst a strong party without was to be ready to make a brisk attack in the first confusion of the garison . another to be executed about two in the afternoon , thus ; one party privately arm'd was to go see the armory , another the lions : the first to return into the sutler's house by the gate : at the same time , some were to come in coaches on pretence of visiting the lords then prisoners : those in the sutler's house were to issue out , and kill a horse , or overthrow a coach just in the passage . then both parties to joyn , and seize on the guards ; and by a sign given , upon the coaches over-turning , two or three hundred men , lodg'd in houses thereby , were to come in and second the rest . another was , that some of the conspirators , as constables , and officers of justice , should bring in others as offendors , and that several should enter feined actions one against the other in st. catharines-court , then held in the tower : on the court day others were to come in as plantiffs , defendents , and witnesses , who joyning with those that seem'd to come out of curiosity , all these might be seconded by a like party prepar'd from without ; the over-turning a coach being likewise made use of in this case . which soever of these ways should happen to be attempted : the lord dartmouth , master-general of the ordnance was immediately to be dispatch'd , as one whose bravery and courage they fear'd would prompt him to blow up the great magazine of powder there , and so bury them with himself in the ruine , if he found he could not otherways resist them . besides securing to themselves by these means the cities of london and westminster , which was their greatest care ; they had also under consideration the raising commotions at the same time in divers others parts of england : especially in those counties of the west and north , which they believed the duke of monmouth's progresses had most inclined to their factious interest . in every county some one great man was to put himself at the head of the rebellion , and divers of them had their proper stations appointed . particularly of newcastle they made themselves sure ; and laid great stress upon it , by reason of its vicinity to scotland , and the influence its coal-pits have on the city of london . in cheshire they depended on a numerous assistance ; that being the county , in which the earl of shaftsbury had formerly advised the insurrection should begin , and a free parliament be declar'd for , at the time of the duke of monmouth's going thither in one of his mock-triumphs . portsmouth was to be attempted by some going into the town on pretence of seeing the place ; at the same time another party coming in on the market-day , disguis'd like country-men , and both together were to fall on the guards . from taunton they expected great numbers , remembring the old disloyalty of the inhabitants , which they had evidenc'd by a most remarkable insolence ; having presumed for some years after his majesties most happy restoration , to keep solemnly a day of thanksgiving to god for raising the siege which his father had laid against the parliaments rebellious forces in that town . in bristol they had secured a good party , which they doubted not might easily master the city ; as manifestly appears by the full confession of holloway citizen of bristol , which he freely made upon his very first examination , and afterwards confirm'd at his execution , when he could not have the least hope of pardon to be obtain'd thereby . at the same time when they were making these preparations for an insurrection , the other design of assassinating his majesty and his royal highness kept equal pace with it . it is manifest that some of these very men had often before devised the kings and his royal brothers murder divers ways . for besides what hone confess'd of the proposal to shoot them from bow-steeple ; and another project of destroying them the next lord mayor's day before , which was laid aside upon notice that his majesty and his brother intended not to be there ; and besides richard rumbald's invention of blowing up the play-house , when they should both be present ; the said rumbald inform'd his confederates , that he and some of his friends had resolv'd to cut off the king and the duke in their journey to , or from newmarket , above ten years before ; and had layn sometime in ambush to that purpose , but without effect , because , as god would have it , his majesty and his royal brother then unexpectedly went the other way through the forest ; which , as the wretch himself could not but observe , they have seldom or never done before or since . and now also , upon this occasion , divers ways of performing the assassination were debated . one was to make the attempt on them in st. james's park , as they were passing privately , and sometimes almost alone to st. james's . another , when they should be going down the river for their divertisement , either to sink the barge by over-running it with an hoy , or by bording it on a sudden , and shooting out some planks with blunderbusses . another , to plant men in the pit at the play-house , who should be ready to shoot at them unawares , with pocket blunderbusses , two of which rumzey sent his to majesty . another , to do it in their return thence to whitehal , under bedford-wall in covent-garden ; where one part of the assassines might walk unsuspected in the piazza , a second within the rails , a third in the church-porch ; and all issue forth in an instant , to compass the coaches , and dispatch the business , or do the trick , as they styl'd it . it was also proposed to be undertaken between windsor and hampton-court , or in their going to winchester , or if the royal brothers should happen to be present at the bull-feast in red-lyon-fields . but all these other propositions , as subject to far more casualties and hazards , soon gave place to that of the rye in hartfordshire : a house then inhabited by the foresaid richard rumbald ; who proposed that to be the seat of the action , offering himself to command the party , that was to do the work. him therefore , as their most daring captain , and by reason of a blemish in one of his eyes , they were afterwards wont , in common discourse , to call hannibal : often drinking healths to hannibal and his boys ; meaning rumbald and his hellish crew . the commodiousness of the rye for any such desperate enterprize soon incourag'd them to fix it there : it s lonely and retir'd situation , and the inclosures about it being such as would afford all advantages imaginable to the assailants , and give as great inconveniences to the persons attacked . the place being agreed on , it was first question'd , whether the stroke should be struck , upon his majesties going to , or coming from newmarket : but it was thought more expedient to defer it till his majesties return . that point being over , they had several meetings , to consult of all the circumstances of the parricide . the number of the men to be personally engaged were forty at least , to that end two or three lists of names were drawn up , out of which the choice was to be made , and the roll was neer completed . the arms to be used were blunderbusses , muskets , pistols , carabines . to get them down thither without suspicion , many ways were thought on . one , to put them up in chests , and bring them by land in carts . another , to hide them in a boat , under coals , or oysters , or such common lading , and so to convey them up the river of ware. another , that every one concern'd should go down privily arm'd , and so all travelling in small parties , scatter'd , and at their leisure , they might easily meet unperceived about the rye ; at the time prefixt . when the fatal hour should approach , the attempt was agreed to be made in this manner . some one or two were to be sent forth on the road towards newmarket , to discover in which coach the king came , and what company attended him ; which they well knew was commonly no more than some six of the guards ; and those also were supposed to have their horses weak , and almost tired by that time they came thither , so near hodsdon , one of the usual stages where his majesty was wont to change coaches and guards . upon warning thus given of the kings being near at hand , all were to be in readiness within the house and yards to issue forth in a moment ; some on horseback , some on foot. immediately upon the coaches coming within the gates and hedges about the house , the conspirators were to divide into several parties : some before in the habit of labourers were to overthrow a cart in the narrowest passage , so to prevent all possibility of escape : others were to fight the guards , walcot chusing that part upon a punctilio of honour : others were to shoot at the coachman , postilion and horses : others to aim only at his majesties coach , which party was to be under the particular direction of rumbald himself ; the villain declaring before-hand , that upon that occasion he would make use of a very good blunderbuss , which was in west's possession , most blasphemously adding , that ferguson should first consecrate it . it is indeed a thing prodigious to tell , and were it not for the undeniable proofs of it , very difficult to be believ'd , that not only one or two such furies should rise up in a whole age , but that so great a number of men should , in the same time and place , be found so void of all humanity , as not only to imagine and contrive so horrid a fact , but to discourse of it in so many meetings , so sportfully and merrily as they did , as if the cruellest tragedy which wicked men or the devil ever invented , had been only a matter of common pastime and loose raillery . thus when at one of their consults west invited rumzey to be godfather to his child , he answered , he would , if he might be allow'd to call him brutus . and when it was once proposed to kill the king and the duke at the play-house , by blowing up the whole audience with them , ferguson approved the way , and impudently said , that then they would die in their own calling . and when some objected against it , that by this means the innocent would perish with the nocent ; another justified it , saying , what did the jack-daws do amongst the rooks ? and when some proposed that to give a better colour to what they did , the king and duke should not be killed , but only seiz'd and brought to tryal , after that the people had got the better ; it was answer'd by ferguson , that it was never thought injustice to shoot , or set traps for wolves and tygers . the execrable deed being thus suppos'd by them to be feasible without much opposition , they then farther consider'd the several ways of their escaping afterwards . sometimes they thought of retreating towards cambridgeshire , and scattering there ; sometimes of retiring into the rye-house , which being guarded with a moat , and brick-walls , they doubted not to defend it against the frighted country people for some hours till night , when they might shift for themselves , and disperse . another way that rumbald himself proposed , was to lead them out of the great road through the meadows , which were to be gallop'd all along ; so that they might with ease come into london by hackney-marsh , before the news of what was done could possibly get thither . it was concluded at the same time , that divers lords , and principal men of their party , should be invited to an entertainment that very day in the city , that they might be upon the place to head the faction at the first arrival of the news . but whilst they were thus wholly intent on this barbarous work , and proceeded securely in its contrivance , without any the least doubt of a prosperous success ; behold ! on a sudden god miraculously disappointed all their hopes and designs , by the terrible conflagration , unexpectedly breaking out at newmarket . in which extraordinary event , there was one most remarkable passage , that is not so generally taken notice of , as for the glory of god , and the confusion of his majesties enemies it ought to be . for after that the approaching fury of the flames had driven the king out of his own palace , his majesty at first removed into another quarter of the town , remote from the fire , and as yet free from any annoyance of smoke and ashes . there his majesty finding he might be tolerably well accommodated , had resolved to stay , and continue his recreations as before , till the day first named for his journey back to london . but his majesty had no sooner made that resolution , when the wind , as conducted by an invisible power from above , presently chang'd about , and blew the smoke and cinders directly on his new lodgings , making them in a moment as untenable as the other . upon this , his majesty being put to a new shift , and not finding the like conveniency else-where , immediately declared he would speedily return to whitehal ; as he did : which happening to be several days before the assassines expected him , or their preparations for the rye were in readiness , it may justly give occasion to all the world to acknowledge what one of the very conspirators could not but do , that it was a providential fire . now upon the first notice in town of the fire at newmarket , and that by consequence the king would be necessitated to come home sooner than was imagin'd , the principal assassines were summon'd by ferguson to a meeting that very night . they at first receiv'd the news with various apprehensions and motions of mind , looking on one another with much astonishment and confusion . amongst the rest , walcot acknowledg'd , he thought it an expression of gods disapproving the undertaking : whilst ferguson , without any sign of the least relenting , said , that he perceiv'd god had reserv'd his majesty for his own judgment . however that evening they generally agreed , that since arms , horses and men could not be provided in so short a space , because the king was daily expected , and the day of his coming uncertain , therefore all farther thoughts of the business should be laid aside for that time . yet the next morning , the company being again assembled , upon reports spread abroad that his majesty purpos'd to retire to cambridge , and stay there some days , ferguson vehemently insisted , that the design should instantly be reassum'd ; that what could be , should be done in so narrow a time . and particularly armstrong offer'd himself to go down in person to the rye in order to it , if a sum of money could be presently rais'd , and a competent number of men got together . but the noise of the cambridge journey soon vanishing , put an end to those deliberations ; though it was a constant expectation and whisper among the party , that something extraordinary would be done on the very day of his majesties coming home . in these uncertainties they remain'd till the king came ; and some days after r. rumbald returning from the rye , increas'd their rage for this defeat , by telling them , that he saw his majesty and his royal highness pass by his house but very slenderly guarded , only with five or six persons , and those tired , and ill appointed ; so that he doubted not but with the like number of stout and well-arm'd men , he might easily have taken them both off . upon this , presently after at their next meetings it was agreed , that to prepare against any such disappointment for the future , a sufficient number of arms should be bought , and kept in readiness for any other opportunity , if such could be found during any of his majesties journies that summer ; or at farthest in his next going to newmarket . to this purpose west told them he was acquainted with a very good gun-smith , and took upon himself to provide the arms ; ferguson engaging to pay the money for them . accordingly west bought thirty case of pistols , thirty carabines , and ten blunderbusses of one daft a gun-smith in shooe-lane ; and ferguson paid him for them about three weeks before the discovery . west's pretence of buying so great a quantity of arms , was to send them into america , where he had a plantation ; and to disguise the business the better , he caus'd them to be sanguin'd , in shew to preserve them from rust in so long a voyage , and had them made up in sea-chests , as ready to be transported . so they continu'd till after the noise of keeling's having betray'd all . then west to avoid suspicion sent them to a sea-captain , setting sail for the west-indies , but without any bill of lading or consignment , as is usual ; in whose custody the arms were seiz'd , and delivered into his majesties stores , to be there kept for a better use . in these their several consults many casual discourses interven'd , relating indifferently either to the insurrection or assassination : as , what commissions were at first requisite to be given out , and in what style they were to run . what declaration was to be immediately publish'd to justifie the fact. what project of government to be pitch'd on , and setled afterwards . it was agreed that the commissions for this nation should be issued forth in the name of the confederate lords and commons of england . for preparing a declaration , divers of their number were order'd to bring in their conceptions apart , out of all which collection , a compleat remonstrance was to be gather'd by some of their ablest heads . the main drift of the whole was to amuse the peoples fancies for a time with new chimera's of freedom from taxes , and advantages for trade , and moderation of law expenses , and a toleration of all sects ; then to calumniate the royal family for divers generations past ; to asperse his majesty as a tyrant and oppressor , and to accuse all his faithful subjects , as servile instruments of arbitrary power , and betrayers of their country : whilst they and their party were to be magnified , as the only asserters and restorers of liberties , properties , and the true protestant religion . their design in all this being the same that has been constantly put in practise by all promoters of sedition and treason in all ages ; who have always thought they have done more than half their business , if they can but once appropriate to themselves all the good and pleasing words of things plausible and popular ; and fasten on the government the names and titles of things vulgarly odious , or contemptible . touching the new form of government to be set up in stead of the old , they were not altogether so unanimous , that being also natural to all schisms and factions , that tho they may sometimes agree in what they would ruine , yet they never did , nor can long consent in what they shall settle . some were still for retaining a shew of monarchy , though with such restrictions as would make the prince little better than a duke of venice . others were positively for a common-wealth , and the entire subversion of the present constitution , openly declaring , it was their purpose not only to change names , but things . nay upon this point , some of them doubted not frequently to profess in plain terms , that if their great darling , the duke of monmouth , should be squeamish , as they worded it , in approving and confirming what had been done in heat of blood , then he himself should fare no better than the rest , when their swords were in their hands . a sufficient admonition to all men of quality and estate , how hazardous their condition is , and how mean their servitude , whilst they are heading popular tumults ; tho for a little time perhaps they may seem to others , and fancy themselves , to have an absolute sway over them . but their particular head of discourse in which the conspirators chiefly delighted , and were wont in their meetings most amply to enlarge their inventions , was concerning their resolutions of several kinds of vengeance to be executed on those eminent persons of all professions , whom they thought most capable and willing to oppose their bloody enterprize . in that part indeed their passion transported them beyond all bounds of common prudence , even to the highest degree of ridiculous vanity , and extravagant ostentation of their full assurance to succeed in the dire attempt . having first gloried in the imagination of imbruing their hands in royal blood , they scrupled not to profess they would continue the assassination on all the principal officers of the crown , and ministers of justice ; and spightfully projected all circumstances imaginable which they thought might aggravate the terrour or ignominy of their punishment . sir john more , the lord mayor of the former year , and sir william pritchard the lord mayor , and mr. north and mr. rich the sheriffs of that present year , were concluded fit to be murder'd , and their skins stuff'd and hung up in guild-hall , for a dreadful warning to posterity . alderman cornish or gould was to be declared lord mayor ; papillion and dubois sheriffs : if they refused , they were to undergo as bad a fate . some others also were doom'd to the like destiny , who might think they deserved well of the faction by their moderation . but they resolved that neuters should be treated as ill as their most avow'd enemies . most of the judges were to be kill'd for their pretended illegal and arbitrary judgments , and their skins in the same manner hung up in westminster-hall . some of the principal abhorrers , addressers , and reputed pensioners in the late long parliament , ( under which titles in their modern opprobrious language they had been us'd to comprehend the most steddy adherents to the crown , and true sons of the church of england ) were to be brought to tryal , and death : the skins too of those they styled pensioners were to be hung up in the house of commons . the church-men they hated , and despised in general , as men whose interest could never be divided from the crown , and of course would fall with it . the marquiss of hallifax , the duke of beaufort , the earl of rochester , sir leolyn jenkins , the lord keeper , and divers others who had been his majesties most faithful councellors in the time of extream hazard , were nam'd as men whose destruction was certain , and who could not possibly escape the first rage of the massacre . particularly it was determin'd the lord keeper should be sent to oxford , and hang'd on the same gallows on which the infamous college had been executed . in this furious manner they proceeded to lay about them in their common discourses with all the infernal malice that is so agreeable to their principles , and inseparable from them ; there never having yet been found , in all records of time , any pretended conscientious zeal , but it was always most certainly attended with a fierce spirit of implacable cruelty . during all this time , as it cannot be imagin'd that either of the cabals was altogether unacquainted with what the other was doing ; so it is manifest , some of their great men understood the dark hints that were sometimes given them , of striking at the head , and shortning the work by removing two persons : and also that these inferiour instruments proceeded on assurance , that when they came to action , they should be headed by men of much higher quality and condition than as yet openly appear'd amongst them . wherefore of the debates and resolutions of their great council , thus much has been already testified upon oath : that shortly after that the earl of shaftsbury fled , it was thought expedient , for the furtherance of the design projected in his time , that a small select number of the most eminent heads of the party , in and about london and westminster , should be united into a close cabal , or secret council ; who might have their frequent assemblies , and be ready , on all occasions , to guide and direct the motions of the lower agents . the persons , who undertook this universal care and inspection , were the duke of monmouth , the earl of essex , the lord gray , the lord russel , the lord howard , colonel algernoon sydney , and mr. john hambden junior . besides that , romzey , armstrong , ferguson , shepard and some others , were admitted , as occasion serv'd , on some particular debates . their first meeting was in january of that year at mr. hambden's house : where some general heads were propounded of things to be resolv'd on , in their more mature thoughts . as , where the insurrection should first be made , in city or country , or in both at once : what counties were most disposed for action : what places would be most proper for their rendezvouses : what arms were necessary , how to be provided , where to be laid in : what mony needful at first to be rais'd , and where to be deposited , so as to administer no ground of jealousie : and by what means the discontented party in scotland might be brought into the confederacy . this last was look'd on as the principal point , and deserving their first direction . wherefore at their next meeting about ten days after , at the lord russel's house , they began with considering a way of setling an intelligence with the earl of argyle beyond the seas , and with his complices in scotland . upon this a messenger was ordered to be sent into scotland : it was committed to colonel sydney , to choose the person , and to furnish him with instructions . the man chosen by mr. sydney , at the recommendation of nelthrop , for his known merits towards the cause , was aaron smith . the sum given him to defray his expenses , was three , or fourscore guinea's . the substance of his message was to invite up sir john cockran , the cambells of cessnock and some others , to treat in london . here the lord howard's information stops . for then the managers seem'd to agree amongst themselves to have no more constant assemblies , till the return of the messenger . tho since it appears , the said lord was thereafter excluded from their consultations , for having been too lavish with his tongue , in reporting abroad what had been there transacted . however it has been proved by unquestionable evidence , that presently after this , aaron smith did set forth towards scotland , arrived there the spring of that year ; and by some indiscretion had like to have spoil'd the whole business : which to recover , and to remove all suspicions , cockran was forc'd to present himself before the council of scotland . afterwards he and his companions came to town , and the negotiation was warmly set on foot : in the mean time cockran and the rest often attended at windsor to make their court , one day kissing the king 's and the duke's hands , the next consulting with the english cabal ; all in shew to sollicit the interest of carolina , whilst they really intended a business of far greater importance , which was , in their own language , to see what could be done for the delivery of the nations . at the same time the late earl of argyle for his part had deputed some of his confidents hither to attend the issue of those debates , to represent his proposals , and to transmit to him the results of their counsels ; the whole correspondence between them being veil'd under a style of merchandize . the treaty being thus begun , some general things were easily agreed on by all sides . the scots were to rise first ; the english to have notice of it with all possible speed , then to second them here : the rebellion in both kingdoms to be before harvest : arms and ammunition to be transported out of holland : argyle to go with them and head the rising . these things being quickly pass'd over , some other matters endured a longer contest ; and one unseasonable dispute had like to have broken all . the english commissioners requir'd , they should presently declare for a commonwealth and the extirpation of monarchy ; which the scots refused , protesting the generality of their people would never hearken to that at first . but the great point on which the conclusion of the whole depended , was the sum of money to be rais'd , and intrusted with the scots to lay out : the sum at first demanded was thirty thousand pounds ; that sunk afterwards to ten thousand ; but for the raising of this , the english made several delays and scruples , being willing to trust their scotch brethren with any thing but money . upon this contrast the treaty was often on and off ; the scots talking high , objecting to the english , that they were only good at fire-side plotting ; whereas for their part they were resolv'd to rise , though they had nothing but their claws to fight with . at length they came to an agreement , that the ten thousand pounds should be rais'd , and put into the hands of shepard , who was to return the bills for it by ferguson or baillie to amsterdam . after this manner was the whole conspiracy going on , when the discovery overtook it . for now the happy twelfth of june was come . josiah keeling had sworn to his first deposition before mr. secretary jenkins : but finding that his majesty and his ministers were exceeding diffident of his single intelligence in a business of so vast a moment , he consider'd which way he might best strengthen his evidence . to that end he prevail'd with goodenough , who had an entire confidence in him , that his brother john keeling might be admitted into the next meetings of the conspirators , he himself promising to be answerable for his secrecy . this was done , and thereupon both the brothers gave in their joint testimony upon oath on the of june , touching the progress of the treason . so they continued to do for a day or two more , till john keeling let fall some expressions to his relations , which they whisper'd about among their fanatick acquaintance , that , as they call'd it , something was working which might do mischief to honest people . that being rumour'd about , came quickly to the knowledge of some of the conspirators . upon this they immediately assembled , and rumbald declar'd his fears of keeling's treachery , and that were he sure of it , he would instantly get him knock'd on the head. but keeling coming in amongst them somewhat cleer'd himself , and allay'd their jealousie , by many asseverations of his fidelity to the common cause . soon after they met again , when it was suggested , that keeling had been seen about whitehal and on the road to windsor where his majesty then resided : but keeling still frequenting their company , renew'd the protestations of his innocency ; pretended his going to whitehal was upon other business ; complain'd he was in great want of mony ; upon which one hundred pounds , the sum he told them he stood in need of , was presently rais'd and lent him that evening , lest his want should be a temptation to him . but their distrust increasing every hour , it was mention'd to keeling , that the best way for him to render himself unsuspected , would be to withdraw out of town for some short time , rumbald offering him his house to retire to . keeling still endeavour'd by many imprecations to quiet their suspicions of him ; but persisted that he could not go into the country , by reason of urgent business of his calling and family . so for that time he got safe out of their hands , which they afterwards extreamly regretted ; some of them owning that it was their purpose , if they could have got him abroad , to have kill'd and privately buried him . but shortly after this , they heard that warrants were out against divers of them , and therefore agreed to meet on monday june th , at walcot's lodgings in goodman's-fields , to consult once for all what should be done for their common safety . accordingly at that time there met walcot , norton , wade , romzey , the two goodenoughs , nelthrop , west , ferguson . their opinions were very different what course was to be taken . west once proposed , that all should stand their ground , and by a bold denial and their personal credit , out-face and baffle keelings single word . but the consciousness of their own guilt would not let them harken to that advice . wade and some others offer'd , as armstrong had done to some of them just before , that things should still be put to a push , that if a thousand men could be got together and the duke of monmouth in the head of them , something might still be done : at the worst it were better for them to dye like men , than to be hang'd like dogs . but that was also rejected as a wild and desperate course . romzey and the rest alledging their peoples hearts were down , and accusing their great men for want of spirit and resolution . then they determin'd upon flying ; and had some thoughts of hiring a vessel immediately to transport them into holland : but finding , on inquiry , that the boat could not be clear'd at the custom-house till next morning , nor at gravesend till the afternoon , they concluded that would be too late ; and therefore every man was left to shift for himself . so they separated in much terrour and confusion . only walcot , according to the constant sacrilegious way of the whole party , to intitle the almighty to their greatest impieties , said at parting , god would yet deliver the nation , though he did not approve of the present instruments . and ferguson , to keep up the same character of remorseless villany to the last , took his leave of them in these very words , that he perceived they were strangers to this kind of exercise , but he had been used to fly , and would never be out of a plot as long as he liv'd ; and that he hoped yet to meet some of them at dunbar before michaelmas . now a day or two before this their final separation , the king and his council began to be convinc'd of the truth of keeling's evidence , by a full knowledge of the witnesses character , and by the firmness and consistency of his testimony ; besides many other concurring circumstances . vvherefore his majesty order'd vvarrants should be issued out against the persons accus'd , whereof some absconded , others were taken . of these last , divers confirm'd what keeling had sworn , and named others as partakers in the treason . whereupon more and more appearing every day to have been engaged , proclamations were publish'd in england and scotland for their speedy apprehension . by this means , through the providence of god , so many of them were either seiz'd , or deliver'd themselves up , as have irrefragably confirm'd every part of the foregoing account . what became of the several conspirators , will appear by the following list. of the english , sir thomas armstrong presently after fled beyond the seas , where he remain'd till the next year , when he was surpriz'd at leyden in holland , brought into england , and received the deserv'd reward of his horrid ingratitude and treasons . john ayloff fled , and withdrew from justice , and stands outlaw'd upon that account . andrew barber was taken and freely confess'd . robert blaney came in , and confess'd what was done and said at the trayterous meeting at colonel romzey's house . james burton fled , and is also outlaw'd for treason . william blagg a sea captain , was taken , try'd and acquitted , there being but one positive evidence against him . zechary bourn was seis'd on in essex , as he was making his escape into holland , and largely confess'd afterwards . colonel danvers of newington , was taken and dismis'd upon bail. he has since publish'd a most malicious and scandalous libel against his majesty : for which he is fled . the earl of essex taken at his house in hertfordshire and committed prisoner to the tower. richard and francis goodenough , both fled , and since outlaw'd . the lord gray of wark was seiz'd on , examin'd before his majesty , and order'd to be sent to the tower. but in his going thither , by the negligence of the serjeant at arms , he made his escape , got beyond sea from the coast of sussex ; and is now also outlaw'd . john hambden junior taken , tryed for high crimes and misdemeanors . condemn'd in l. fine , and imprisonment . major holms taken in london ; he confess'd the correspondence with the earl of argyle , whereof the key was intrusted with him and some others . james holloway fled , was taken at mevis in the west-indies , and sent back into england , confess'd and was executed . william hone in his flight was taken in cambridgeshire . he made his first confession at cambridge , the substance of which he afterwards own'd upon all occasions to his death . joseph how was taken and confess'd . the lord howard of escrick was taken in his house at knightsbridge , hid behind the hangings of his chamber ; and at length confess'd . thomas lea the dyer was taken , and confess'd . the duke of monmouth withdrew upon the first proclamation wherein he was named , and lay hid for divers months , till he render'd himself , and confess'd . edward norton fled , and is outlaw'd . john nisbet fled , was taken in essex ready to go beyond sea. he was the author of the letter of trade written to gourdon a scotch-man under the name of pringle . john rouse taken , try'd , condemn'd , executed , making at his death a penitent confession . john row once sword-bearer of bristol , fled upon the first discovery ; as did also both the rumbalds : they are all three outlaw'd . colonel romzey first absconded , then render'd himself , and confess'd . the lord russel taken at his house in souththampton-square , try'd , condem'd , beheaded . he confess'd enough to shew his crime , but not his repentance . thomas shepard hid himself , but soon came in and frankly confess'd . aaron smith had kept secret some time before , because of a sentence against him for high misdemeanors : but was taken , and is still a prisoner . colonel algernoon sydney taken , try'd , condemn'd , beheaded . william wade , joseph tyley fled and are outlaw'd . colonel thomas walcot first retired , then sent a letter to mr. secretary jenkins , plainly acknowledging that the plot was laid very deep and wide , promising to discover more , if he might have hopes of pardon . but before he could receive an answer , the conscience and fright of his own guilt made him withdraw from the place where he had appointed to stay for it . he was soon after taken , arraign'd , condemn'd , executed ; persevering to the last in the main of his confession . robert west withdrew for a time , but then gave himself up , and has amply confess'd . besides these there were divers others at first secured , but afterwards dismiss'd by course of law ; as the lord brandon , mr. booth , major wildman , mr. john trenchard , major breman , mr. charlton ; this last having been taken in disguise . of the scots , mr. james steuart , brother to the laird of cultness , had fled out of scotland a short time after the earl of argyle , upon occasion of dangerous papers taken in his keeping . thereafter he transacted only by letters and negotiations , remaining out of danger beyond the seas . commissary monroe and the two campbells of cessnock were taken . the lord melvin , sir john cockran and ferguson escap'd divers ways ; though ferguson stay'd some time in town after the discovery , in hopes still of obtaining bills of the money to be remitted into holland . william bayley of jerviswood was seiz'd on in london , convey'd to edenburgh , and there try'd , and lately executed . william carstares , william spence , alexander gourdon of earlston taken , the two first in town , the last at newcastle . by the positive confession of these three scotchmen , together with that of major holms , who were the earl of argyle's chief agents in this business , was the first greatest light given of the said earls part in the conspiracy . of these , alexander gourdon laird of earlston was a zealous field-conventicler , and had been a bothwel-bridge-rebel : where upon the rout of their army , his father was kill'd , and he taken prisoner . having afterwards got his liberty , he became sollicitor for the faction , in england and holland , under pretence of collecting contributions for maintaining such of them as were denounc'd fugitives ; for which purpose he had a formal commission sign'd and seal'd in the name of the general assembly of their party at edenburgh . before any discovery , he was taken at newcastle under a feigned name , endeavouring to get a passage beyond the seas . about him were seiz'd divers original papers , which as soon as he was made prisoner , he try'd to make privately away , but the kings officers observing his design , secur'd them . amongst these papers , there was one very remarkable letter written to him under another counterfeit name of pringle . the composer of it was john nisbet , one of argyle's agents in london . it was dated march the th of that year , when the conspiracy was in the heigth . it gives a perfect account of their condition at that time during the transactions between the english and scottish traytors : whilst they sometimes hoped the treaty would take effect ; sometimes fear'd it would break off without coming to any resolution . amongst many other mysterious intimations of treason , nisbet tells him , that trading being very low here , and many breaking daily , desperate diseases must have desperate cures : that while they had some stock left , it would be better to venture out , than to keep shop till all be gone ; for after this they should not be able to act , but must let all go : that he had been shew'd a model of affairs , in such order as he saw ; venture they must , and venture they would : that now they knew what goods had been most prejudicial to the trade : and therefore for the future , resolv'd to insist only on negatives ; this being the best way to still some criticks of the trade : that they would first endeavour to dispatch the old stuff : that some stock was to be got , to set the broken merchants up again : that if all holds that is intended , it is almost time to set forward , if they had but their factors and emissaries home , who are gone forth to try how countries will like their goods : that they will return within a week : then matters will in instanti off or on , break , or go through : that if any strange thing should fall out in the mean time , he would post it to him : that things were full as high as he had written . these are some amongst divers others of the covert significations of the conspiracy , contain'd in nisbet's letter ; which being taken about gourdon , and sent with him into scotland , after divers examinations before the council there , he plainly detected what was the true sense hidden under the mystical style of every expression in the whole letter . particularly , that by the merchants here being low , and often breaking , was meant the prosecution of dissenters by excommunications , or other legal ways : that therefore they had resolved upon a desperate cure , which was rising in arms : that the model of affairs which would make them venture , was the method then going on in order to a rising : that by only insisting on negatives , was intended the conspirators agreeing what they should pull down , which was the whole government , but not determining positively at first what they should set up : that by criticks in the trade , were design'd the old scotch fanaticks , who had so often rebell'd : that excluding the old rotten stuff , was the destruction of the entire frame of the antient constitution civil and ecclesiastical : that the broken merchants to be set up , were the baffled scotch-whigs to be spirited again with new assistance : that their being here at a point to set forward , was the english conspirators being ready for a rendezvous : that the factors and emissaries , were people sent forth through england and scotland to try mens inclinations towards a general insurrection : that by saying , that upon those factors return , matters would be soon on or off , was intended , that when their agents were come back to give an account of their success , accordingly the design would be either deferr'd longer , or they should instantly rise : that the strange thing mention'd , was a speedy insurrection : that by things being full as high as he had written , was imply'd the rebellion was almost ripe , and ready to break forth . this is the substance of the interpretation of the letter of trade that gourdon of earlston gave in upon oath at several examinations . he moreover confess'd , that upon receipt of this letter he presently came into england , where he had frequent conferences with nisbet touching the contents of every clause in it , who always understood it in this sense : that by him and divers others he was made fully acquainted with the treaty then going on in london , and with the earl of argyle's correspondence with the persons treating for a speedy rebellion in both nations . another scotch-man whose clear and undoubted testimony has put this confederacy between the english and scotch traytors out of all question , is william carstares , who had been a zealous and fierce preacher to the sectaries of both kingdoms : and was formerly prisoner in edenburgh-castle , being accus'd for publishing a treasonable pamphlet call'd the grievances of scotland . at that time he was much employ'd in many messages relating to this conspiracy : especially with major holms in dispersing the earl of argyle's libellous books , and carrying to and fro his letters in which carstares pass'd under the name of read. he was apprehended at tenterden in kent , seeking an opportunity of flying beyond sea. he was taken under the name of william swan , then declar'd his true name was moor , but at last own'd it was carstares . this carstares being brought before the king , and refusing to confess any more than some general hints ; alledging , that it was no place for him to answer in a criminal matter ; upon that he was sent into scotland , where being examined before the lords of the secret committee , september th , he confess'd and afterwards renew'd and confirm'd the same confession november th , and december th of the same year . his deposition having been already made publick , it will be enough only to note some special heads of what he deposed . he confess'd , that james steuart , brother to the laird of cultness , wrote to him out of holland in november or december , the letter importing , that if a considerable sum of money could be procur'd from england , something of importance might be done in scotland : that this letter he communicated to shepard , and he to colonel sydney , danvers being present : that shepard return'd answer , mr. sydney was averse from medling with the earl of argyle , suspecting him to be too much inclin'd to the royal family , and the present government : that the said carstares still urg'd one might be sent to the earl of argyle : that not being able to obtain this , for the foresaid reason , he himself went into holland , was introduced to the earl , and there discours'd with him particularly about remitting the money to him from england , and raising horse and dragoons , and surprizing edenburgh-castle . that the earls answer was , the castles would fall to them of course , after that the work was done abroad : that without a thousand horse and dragoons rais'd in england to be ready to assist them , nothing could be done : that if such a number could be rais'd , he would come into scotland with them ; whereby he guess'd he might get that country without trouble , having such a standing body for their friends to rendezvous to . that the said earl of argyle recommended the deponent to major holms : that james steuart contriv'd a way of correspondence by cyphers and false names , and sent them over to holms , and the deponent for their use ; and still desir'd him to press for the l. and did not propose any less sum , the said earl saying he had particularly calculated the expence for arms and ammunition , &c. though steuart added , if something less could be had , the earl would content himself . that when the deponent was ready to ship for england , steuart writ him word there was hope of the mony : that the day after he arrived here he acquainted sir john cockran with the said earls demands of the sum of mony , and the horse and dragoons : that sir john cockran carried him to the lord russel , to whom the deponent propos'd the affair ; but being a stranger had no answer from him at that time : that afterwards having met the lord russel at shepard's house , where shepard told him the said lord was come to speak with him about the mony , the deponent reiterated to the lord russel the former proposition for l. and the horse and dragoons ; the said lord answering , they could not get such a sum rais'd at the time ; but if they had l. to begin with , that would draw people in , and when they were once in , they would soon be brought to more ; but as for the horse and dragoons , he could say nothing at present , for that behoved to be concerted on the borders . that the deponent made the same proposal to ferguson , who was much concerned and zealous in promoting it ; and told him , he was doing what he could to get it effected ; always blaming colonel sydney , for driving on designs of his own . that the said deponent met twice , or thrice with melvil , cockran , jerviswood , monroe , the two cambells of cessnock , mongomery of langshaw and veatch , where they discours'd of mony to be sent to argyle : that monroe , melvin , and the cessnocks were against medling with the english conspirators , as men that would talk , but would not do : that therefore it were better for the scots to attempt something by themselves : that veatch , jerviswood , and this deponent were for accepting the mony. that at one of their meetings it was agreed , one martin , late clerk of the justice court , should be sent into scotland to hinder the country from rising , till they saw how matters went in england : that the said martin did go at the charge of the gentlemen there met , and was ●●●cted to the lairds of polwart and torwood●●●● who sent back word , it would not be so easie a matter to get the gentry of scotland to concur ; yet that afterwards polwart writ to monroe , that the country was readier than they imagined . that the said deponent had the key of the cypher agreed on in his keeping , when a letter came from argyle to major holmes , intimating that the said earl would joyn with the duke of monmouth , follow his measures , and obey his directions : that for the decyphering of this , he gave the key to veatch , who was to deliver the letter to ferguson , and he to the duke of monmouth . to all this carstares added in his deposition of sept. . . that he himself had communicated the design on foot to three famous english conventicle-preachers , griffith , mede , and dr. owen , who , he affirm'd , did all concur in promoting it , and were desirous it should take effect ; which part of carstares's oath is the more remarkable , because the king solemnly affirms , that the duke of monmouth , in his confession to his majesty and his royal highness , did particularly name those very three men , as conscious of the plot , and withal declar'd in these very words , that all the considerable nonconformist ministers knew of the conspiracy . an instance that alone , if there were not many more such , were a sufficient instruction to all separatists , of what tender consciences the men are , whom they chuse for the principal guides of their consciences : since after all this , mede deposed before his majesty , that he never heard of any disturbance intended against the government ; but that on the contrary he himself had once advised ferguson , upon discourse of some libel of his then newly made publick , that it was not their part to do such things . nay , their great oracle dr. owen , being examin'd upon oath before the lord chief justice jones , and being ask'd , whether he had not heard of a horrid plot against the life of the king ? did , not long before his death , take god to witness , and subscrib'd to it with his dying hand , that indeed he had heard of such a plot by the means of the kings proclamation , but no otherwise . but that which still farther undeniably confirms the scotch part of the conspiracy with the english , was the confession of william spence a scotch-man , and of major holmes an english-man , the former being a menial servant to the earl of argyle , the other his long dependent and friend ; a man active in the times of cromwel , and always disaffected to his majesties government . major holmes being taken in london in the beginning of the discovery with several of the earl of argyle's original letters about him , and being examin'd , confess'd he knew of the earl of argyle ' s proposing to some principal men in england , that for pounds he might be furnish'd for his expedition into scotland : that the english at last condescended to send him pounds : that though he had not personally converst with the great men who were to raise the money , yet he had often heard the duke of monmouth , the lord gray , the lord russel named : that he himself was appointed by the earl of argyle to convey letters to and from his countess and others his correspondents : that he could not decypher those taken about him , but that william spence could : that this spence went under the name of butler , and was just then come over in the packet-boat from holland , to dispose of the libel call'd the earl of argyle's case . this deposition was given by major holmes on june . . the very day that spence being arrived from holland , was apprehended under the name of butler . besides this evidence of holmes concerning spence , it appears plainly by the earl of argyle's own words in several passages of his letters , taken in holmes's possession , especially in that part of the long letter of the of june , which was not written in cypher , that the said spence , alias b. as he afterwards own'd himself for the man , knew his the said earls address , and how to write to him ; adding , that he could instruct holmes in this cypher , else he had lost six hours work. wherefore upon this assurance that spence could decypher the letters , he was examined before the king ; but not confessing any thing material , and seeming resolv'd not to do it , he was sent into scotland , where he was brought to discover the whole intrigue ; acknowledg'd that he himself was the b. or butler mention'd in the letters : that those superscrib'd to west and robert thomson were directed to major holmes under those false names : that he the said spence could open the letters , and explain the way of reading them ; which he did , and then justified upon oath the explanation he had made to be according to their true sense . it happen'd also at the same time , whilst spence was under close examination , that mr. gray of crechie , a scotch gentleman skill'd in the art of cyphers , did , without any the least communication with spence , decypher some of the principal of the said earls letters ; and when both spence's and mr. gray's copies were found to agree exactly , there could not possibly have been given a more certain demonstration of the truth of spence's way of decyphering , which he confess'd he was taught by argyle himself . in this manner were these letters proved authentick , and the right meaning of them unfolded . and it is evident by the plain tenour of them , that some of them were written by the said earl just about the time that the conspiracy was near ripening , and when he was inform'd of ten thousand pounds only order'd to be sent him : others were written after he had heard that the plot was discover'd . in every one of those papers it is easie to trace out manifest footsteps of the whole conspiracy . but particularly that of june st new style , which is june th of the english , written the very day before keeling made the first discovery , contains not only a vehement expostulation of the said earl of argyle's touching the delay of the money from england , and the smallness of the sum design'd ; but a plain narration how the insurrection was to be concerted in both kingdoms . the body of the letter was written in cypher , the preface and postscript in plain hand ; in both there is reference made to butler's , that is spence's , being able to expound it ; and from the very same spence was taken the exposition of it upon oath . therein the said earl tells his correspondent in england , that he knew not the grounds their friends had gone upon to offer so little money , nor did he understand what assistance they would give : that till he knew both , and heard what carstares , or any other they should send over , had to say ; he purpos'd neither to refuse his service , nor object against any thing resolv'd here . however that the said earl had truly mention'd in his proposition formerly made the very least sum he thought could do the business effectually ; which was not half of what had been requisite in another juncture of affairs : that what money he propos'd to be raiz'd , was so much within the power of the persons concern'd , that if a little less could do the business , he had thought it would not be stood upon : that the said earl reckon'd the assistance of the horse absolutely necessary for the first brush : that as to the precise number nam'd , he would not be peremptory , but he believ'd there would need that effectual number : that might be as easily rais'd as or ; and it were hard if it stuck at the odds. that they should consider , whether all ought to be hazarded upon so small a difference as to the mony : that though 't is true , what was propounded is more by half than is requisite for the first weeks work , yet soon after , all or more will be necessary ; and then arms cannot be sent like mony by bills . that there are above horse and dragoons , and foot at least in scotland ; all well appointed and tolerably well commanded : that it were hard to expect country-people on foot without horse should beat them triple their number : that if multitudes could be got together , they would still need more arms and more provisions . that if some considerable thing be not suddenly done at the first appearing , it may fright a little , but will do no good . that the standing forces will take up some station ; probably at stirling : that they will have for aid not only the militia of twenty thousand foot , and horse , but all the heritors , to the number it may be of men : that though many should be unwilling to fight for the standing forces , yet most will once join , and many will be as concern'd for them , as any can be against them . that though the said earl's party should have at first all the success imaginable , yet it is impossible but some will keep together , and have assistance from all the three kingdoms ; then it will not be time to call for more arms , far less for more mony to buy them ; and they should then prove like the foolish virgins . that it is next to be consider'd how the discontented english lords could employ so much mony , and so many horse , better for their own interest , though the protestant cause were not concern'd ; this being a little sum , and small fonds to raise so many men , and by gods blessing to repress the whole power of scotland . that the horse to be sent from england need stay but a little while to do a job , unless future events should make scotland the seat of the war ; which would be yet more to the advantage of england . that by the best husbanding the total of the mony proposed , it cannot purchase arms and absolute necessaries for one time , for an army of the number they were to deal with : that nothing out of the whole is design'd to be bestow'd on many things useful , and some necessary , as tents , waggons , cloaths , shooes , horse , horseshooes , &c. all which are not only once to be had , but daily recruited , much less was any of it apportion'd to provide for meat or drink , intelligence , or other incident charges . that some honest well-meaning good people may undertake for little , because they can do little , and know little what is to be done . that the said earl had made the reckoning as low as if he had been to pay it all out of his own purse : that he was resolv'd never to touch the mony ; only to have it issued out according to order : that he freely submits to any knowing souldier for the lists , and to any skilful merchant for the prices he had calculated . that it will be a great incouragement for persons of estates and consideration to venture , when they shall know there is a project and prospect of the whole affair , and necessaries provided for such an attempt . that if after the said earl shall have spoken with carstares , he sees he is able to do any service , he will be very willing ; if he be not able , he will pray god some other may . that before it be given over , he wishes he might have such a conference as he had mentiotioned in another letter a week before : wherein he had offer'd either to come over privately in person , or to meet any to be sent from hence . that he expected not all the horse from the discontented lords , but some considerable part might be rais'd by particular friends . that he had yet more to add , to inforce all he had said , but it could not be express'd at that distance : that something more was to be done to prevent the designs of the enemies , which he dares not now mention , lest it should put them on their guard : that he has a considerable direction in his head , but all is in gods hands . this is a faithful and impartial abstract of the mystical letter ; than which , how could there have been express'd by words a more compleat deduction of the said earl's part in the design'd insurrection ? immediately after the cyphers , this follows in words at large , the total sum is guilders , and stivers , that will be paid you by mr. b. which last clause was the rule whereby mr. gray found out , and spence discover'd the decyphering of the whole letter ; and it was accordingly done by each of them apart , by making eight columns , and placing words in each column descending , as upon view of the authentick printed copies will appear to any man beyond all contradiction . in short , this letter of the late earl of argyle's was known by many of the privy council there to be his hand ; and his own lady upon oath deposed , she knew it to be his , though she did not know the contents of it . and such is the account that is to be given of the said earl of argyle's loyalty , which he had desir'd might be the only standard in what sense he would take the test. hitherto he had been by inheritance lord high admiral and justice general of argyle , tarbat , and the isles , and great master of the houshold . he was by his majesty put into places of great dignity and trust ; he was made extraordinary lord of the session , one of his majesties privy council , and one of the lords commissioners of the treasury . and after his fathers condemnation for the highest crimes , and his own forfeiture of his honour and estate for treasonable expressions in a letter of his , he was restor'd to all his father possess'd , except the title of marquiss . but notwithstanding all these , and many more obligations of the like nature which he had to his majesty , his fondness of esteem with the factious people , his aversion to monarchy , and hatred of the royal family , particularly of the duke of york , led him to this height of ingratitude . this , and divers other letters of the like traiterous importance , all written with argyle's own hand , being at one and the same time taken about major holmes , the person chiefly intrusted by the said earl to receive and convey all his correspondences with england and scotland , it cannot be doubted but very many more papers of the same dangerous tenor had been this way interchang'd between him and the english and scotch conspirators , during the whole progress of the conspiracy . especially considering , that in some of these , the earl of argyle refers to some expressions and propositions which he says he had made in others ; and there are no such expressions to be met with in all these letters that are taken : besides that with the letters themselves there were also seiz'd about holmes several alphabets , and a key of words ; whereas of one of the alphabets there has been as yet no use found in decyphering ; and though in the key there are eighty new-coyn'd words , yet not above six of them are made use of in all the parcel of the said earl's letters hitherto intercepted . however by the light these letters gave , so well agreeing with several other intelligences receiv'd from many hands , his majesties council of scotland were abundantly convinc'd that the the bloody design had reach'd thither also ; and therefore immediately order'd the bottom of the business to be search'd into by a secret committee . whereupon warrants were issued out there to apprehend walter earl of tarras , brother-in-law to the duke of monmouth , sir patrick hume laird of polwart , pringle laird of torwoodlie , james murray laird of philiphaugh , and hugh scot laird of gallowshiels ; all of them being persons named by carstares and others as partakers with argyle in this treason , as they had been formerly most active with him , in endeavouring to disturb the loyal proceedings of the parliament for enacting the test. of these the laird of polwart and torwoodlie having been the most busie , and so conscious of their greater guilt , conceal'd themselves , and have hitherto escaped ; the other three were taken , and brought to edenburg , where they freely confess'd upon oath : as did also commissary monroe , who had been sent thither prisoner out of england . all which depositions and confessions they again repeated and confirm'd in the same solemn manner at the tryal of mr. william baillie of jerviswood . the earl of tarras without either craving , or receiving any security for himself , did ingenuously confess , that about the time , when sir john cockran , and commissary monroe got their commission from the carolina company for london , mr. baillie desir'd him to speak to monroe , that he might be added to the commission : telling him that he was resolved to go to london however upon his own charges : for that his , and their going about the carolina business was only a pretence and a blind ; but the true design was to push forward the people of england , who did nothing but talk , to go more effectually about their business . that thereupon the said baillie did settle a correspondence with the deponent , whereby the one was to give an account what past between the country party in england , and the scotch men there ; the other to write back what occurr'd in scotland . that the said baillie told him , the only way to secure the protestant religion , was for the king to suffer the parliament to sit , and pass the bill of exclusion : which the king might be induc'd to do , if the parliament would take sharp and brisk measures with him . that after the said baillie went to london , he did give the deponent account by letters , how things were in great disorder there ; but he hoped effectual courses were taking to remedy them . that mr. robert martin did come to mr. pringles of torwoodlie in may , and brought the deponent a letter from the said baillie then at london . that martin told the deponent , things in england were in great disorder , and like to come to a height , but the country party were considering of methods for securing the protestant religion . that the scotch-men at london had ask'd pounds , but that argyle was to have l. which sum was to be sent by baillie into holland to buy arms , and then argyle was to land with those arms in the west-highlands of scotland . the earl of tarras deposed farther , that philiphaugh and he went to gallowshiels house , where they met with polwart and gallowshiels . that there it was discours'd among them , that in case the english should rise in arms , it was necessary so many as could be got on the borders , should be in readiness to deal with straglers , and seize on horses , and thereafter joyn with those that were in arms on the borders of england : that then it would be convenient to surprize berwick , stirling , and some other strong places : that some persons should be employ'd to inquire what arms were in the country : that it was resolv'd every one should speak to , and prepare such particular persons as they could trust , not at first in plain terms , but indirectly , and upon supposition of a rising in england : that there was a word and sign to be used among them , the sign was by loosing a button on the breast , the word was harmony . that it was agreed among them all , that the best time for argyle to land , was when there should be a stir in england . stir being the word which these scotch traytors and the lord russel used to express what in plain english is call'd open rebellion . in the like manner commissary alexander monroe depos'd upon oath , that the earl of tarras did propose to him , that mr. baillie might be made one of the commissioners for the affair of carolina . that he did go along with mr. baillie to london , and heard him by the way regretting the hazard , their laws , liberties , and the protestant religion were in . that mr. baillie spoke to the deponent more than once at london for getting money from the english to be sent to argyle , to bring home arms for the said argyle's use to raise an insurrection in scotland . that in baillie's chamber in london , william veitch a forefault , that is , a declared traytor , being present , sir john cockran did expresly speak of money to be sent to argyle for the foresaid purpose . that on another occasion he heard some of them say , there would be men in scotland ready to assist the rebellion . that mr. robert martin was sent down from that meeting in baillie's chamber to scotland , to try what the scots would do for their own safety : that it was agreed the people of scotland should rise , when there was a rising in england . that the commission was granted to martin by all the persons present , who were the lord melvil , sir john cockran , the cessnocks elder and younger , mr. william carstares , mr. william veitch , jerviswood , and the deponent , who did all contribute money towards his journey . that martin at his return from scotland meeting with the deponent , told him , matters were in such a condition there , as a little would kindle the fire in order to a rebellion . then also james murray laird of philiphaugh confess'd , and deposed upon oath , that in may . upon a letter from mr. pringle of torwoodlie to invite him to his house , he came , where he found mr. martin lately come from london . that upon discourse martin told them the city was much irritated through some attempts upon their privileges ; but that all honest men were of good heart , and very brisk . that torwoodlie then told the deponent he expected the earl of tarras , having sent for him , because martin had a letter directed to him from jerviswood : torwoodlie adding , that there were great matters in agitation at london , that martin was come down with a commission to their friends here ; but he was to communicate his instructions only to polwart and himself , who were to pitch on such persons as they thought fit to intrust with the affair : that he had great confidence in the deponent , and therefore had sent to acquaint him , that things were now come to a crisis : that he had reason to think england would shortly be in arms : that it was no project of an inconsiderable party , but a design through the kingdom : that many of the finest men , and of greatest interest and credit were engaged in it there , and had agreed for the advancing money to furnish arms here : that polwart would be at gallowshiels that night , and it would be necessary the earl of tarras and the deponent should confer with him fully on the business . that about this time the earl of tarras came , who retired a little to discourse with martin . that then torwoodlie told the deponent , that although martin would not commune with them upon his commission directly , yet it would be fit they conferr'd , and without taking notice of his commission , discours'd of things as their own private notions , abstracted from any prospect of a present design . that accordingly after dinner they four retired to a chamber , and after some general talk of the discontents of both kingdoms , these suppositions following were discours'd of , martin starting all , or most of them . if the country party in england should have thoughts of going into arms , what could be expected here in such a case ? would it not be expedient to have a setled correspondence between that party there , and here ? might it not be so adjusted , that both kingdoms should draw out in one day ? might not as many be expected in these shires , and about edenburgh , as would surprize the rulers , and some to joyn with the english on the borders , and seize on berwick , others to attempt stirling-castle ? if argyle should at the same time land in the west , and raise that country , would not these measures contribute much to the advancement and interest of the party ? incourage all that had an inclination to them , and scare many others from acting against them ? and so they might have leisure to joyn from all places . and then might it not be expected there would be as many in this kingdom , as would be able to deal with the forces here , at least divert them from troubling england ? these queries being propos'd , it was answered , that as to setling a correspondence , it was very convenient for those of a common interest , but none could be found here fit to manage it that would undertake it . that as to trysting , that is to say , rising at the same time , that could not be done without divulging the design to all ranks of people , which none would consent to , except those already in desperate circumstances , and they would not generally have much influence . that the thing was not at all adviseable for scotland , because if those in england , especially in london , the spring of their motions , should happen to have an interruption near the time appointed , then the scots not having timely notice , might rise alone , and so be expos'd as a prey . that argyle's coming was not much to be relied on , by reason of the uncertainty of sea-voyages : that he might himself be suspected of private designs ; that despair might blind his usual prudence , and prompt him to indigested methods ; so it was expected few of the gentry , but such as were under very hard circumstances , would embarque with him . that as to the surprizing their rulers , it was inveigh'd against , as an action not to be thought of amongst protestants . that then martin told the company , if any had a mind for a suit of armour , he could provide as many as pleas'd , of a new fashion , very light , and of an easie rate , from one who had made a great many lately for honest men in london . that then all the company except martin , went to gallowshiels house , where they met him and polwart . that after supper , having given and received mutual assurance that they were free to commune with gallowshiels , and he with them , touching matters of great secrecy and importance , they sate close together , polwart beginning the discourse : and signifying to them , he was credibly inform'd that the country party in england would draw into the fields shortly , and as he heard , before lammas : that gallowshiels seem'd visibly surpriz'd at it , saying he loved better to be walking in his own parks than to be medling in such matters : however assuring them , if there came any troublesome work , he would joyn with them firmly . that the earl of tarras also disapproved of doing any thing during the kings life ; because that might strengthen the dukes interest : that therefore he suspected it was a project of the common-wealths-men , with whom he believed few scotch gentlemen would joyn ; and that he was almost persuaded the duke of monmouth would not concur in any rising during the kings life . that to all this polwart answer'd , he heard the english had once agreed on that principle , but it seem'd they found they must either do their business now , or lay aside all hopes of doing it hereafter . for if the charter of london were let fall , they should not only lose all safe opportunity of digesting matters , but also a great part of their strength : adding that he heard all things were concerted mutually between monmouth's friends , and the heads of the common-wealth party ; and though monmouth was shy on that account , yet he hoped he would engage , or he would be deserted by that party . that then polwart mentioned the former queries , as overtures agreed on between other friends in london , and the principal men of that party there . that the earl of tarras and the deponent repeated their former answers , gallowshiels joyning forwardly with them . that polwart replied , he was fully of their opinion , if things were entire , but refer'd it to be consider'd , whether it were not better to comply with some of these methods , though not so justifiable as could be wish'd , rather than disappoint the business totally . that there was another argument urg'd against rising with the english , because it was talk'd there had been a day appointed in england in shaftsbury's time , which did not hold ; so they were not to be relied on . that then it was proposed to be deliberated what methods were most proper in the companies opinion for scotland to follow , in case of of englands rising first . that it was said , all that could be expected or desired from scotland was , that upon certain news of englands being in the field , those of the southern shires should presently rise , and as soon as so many could convene , as would be able to deal with stragling parties , march to joyn the english on the borders , that then it would be seasonable for argyle to land in the west ; and these parties on the borders might divert the forces , till he had time to put himself into a posture . that it was left to polwart to commune with others to this purpose . that all the company seem'd to agree , they should move nothing in the affair , till they had a certain account what england propos'd , and who were to be their heads ; that if they design'd any thing against the kings person , or for overturning monarchy , they should not be clear to joyn . that it was recommended to all the company , to be inquiring indirectly about the affections of their neighbours , and what arms were amongst them ; that so , if they should resolve to joyn with the english , they might know where to seek men and arms suddenly . that here it was said by one , ( by polwart as the deponent thinks ) that if the earl of tarras , torwoodlie , gallowshiels , and he took horse , most part of tiviot-dale and selkirk-shire would soon come to them , especially when they heard that england was risen . that they all agreed to meet there again at midsummer-fair , when the account from england might be expected ; but in case it came to any of their hands sooner , each promis'd to advertise the rest . the deponent farther added , he was told in private by polwart or torwoodlie , that polwart kept correspondence with their friends at london , naming the lord melvil , sir john cockran , jerviswood , and commissary monroe . that the money to be advanc'd by the english partie to scotland , was ready when martin left london . that it was expected within few days after , it would be dispatch'd with some confident to holland ; that it was l. and was to be employ'd by that confident at argyle's sight , for buying of arms , and providing shipping to transport them with argyle . that as soon as the scots at london got notice of their confidents arrival in holland , and that all other things were concluded with the english , which might be about the middle of june , then they would come down into scotland , and give them a particular account of all resolutions taken . that the deponent was told all letters were written by both parties , as about the carolina business , or concerning some houshold-furniture : that there was a sign and a word agreed on , that they might know with whom to use freedom ; the word was harmony , and the sign was the opening of buttons on the breast-coat , and shutting them presently . that the deponent never saw it used , except when he visited parkhay in edenburgh about the end of june ; who asking whether he had the word and sign of the carolina-men , and the deponent having given them , said , he was afraid the carolina business did not go well , for there had been some of the managers expected there eight days past , but none were come : nor could he learn any of their friends had heard from them for several posts . the said james murray of philiphaugh deposed farther , that at their meeting at gallowshiels it was resolv'd they should keep their cess or tax unpaid till their next meeting at midsummer , and should deal with all those they had influence upon to do the like , and that upon the supposition mention'd in his former oath . next , hugh scot laird of gallowshiels confess'd and deposed , that the earl of tarras and philiphaugh did come to his house in may . that polwart came likewise thither , where there were discourses and proposals , that if the english did rise in arms , their friends in the south-shires should rise with them : that they should seize the horses belonging to the kings troops where they grazed , and attempt the town of berwick , and the castle of stirling . that it was likewise there discour'd of the late earl of argyle ' s coming to invade scotland ; but because of the uncertainty of sea-voyages , there was not much stress laid upon it . that it was also proposed , such of the south-country whom they trusted should be acquainted with it : that endeavours should be used to learn what arms were in the country : that the earl of tarras , philiphaugh , torwoodlie , polwart , and some others should draw to horse with the first , when the rising should be in a readiness ; and that it might be expected the south parts of tiviot-dale and selkirk-shire would joyn with them . the said gallowshiels had also deposed before the lords of the secret committee , that the earl of tarras and philiphaugh being in his house in may , discours'd of an intended rising in england and in london in particular , and of proposals made to the scots to rise with them : that polwart was there present , and told them he was sure the english intended so ; that they discours'd it was fit to seize berwick and stirling : it was also talk'd of bringing the duke of york to his tryal . the said gallowshiels deposed farther before the lords of the committee , that in the month of may . the earl of tarras , hume of polwart the elder , and the laird of philiphaugh came to the deponents house , where they spake of the security of the protestant religion , and of a party in england who would secure or seize the king or duke : that if any should rise in arms to defend or rescue them , there was another party who would rise against them . that it was proposed some country-men should be spoken to , to try their resolutions : that it was likewise proposed to seize the officers of state. that it was there said , sir john cockran was to come to the west from england to advance the design : that the earl of argyle was to land in the west highlands to raise that country . that of these matters all that were present discours'd , as of an affair they were agitating , and wherein themselves were particularly concern'd . these several plain and full proofs , together with the depositions of carstares before mentioned , being also strengthen'd by the confessions of thomas shepard and zechary bourn , and all exhibited at the trial of william baillie of jerviswood , were not only over-abundantly sufficient to convince the person accused of his particular share in the guilt ; but they also remain as so many standing and indubitable testimonies of the truth of the whole conspiracy between the english , and scotch rebels . after all this , how is it possible that the most audacious of the factious party of both nations , notwithstanding their being so expert in driving on the trade of lying and traducing their governours , should ever have any tolerable colour of probability to invalidate or discredit the undoubted evidence of so many witnesses , most of them men of high quality , great estates , potent interests ; all of them zealous and indefatigable assertors of the rebellious cause ; and this evidence given in by them at first voluntarily , and often again reiterated , and adher'd to , against baillie their chief companion in iniquity , their near kinsman and friend ? as for baillie of jerviswood himself , the persons who pass'd upon his assize did with one voice find the crimes of art and part in the conspiracy , and of concealing and not revealing the same , clearly proved against him . whereupon he was adjudg'd to suffer the punishment of a traytor : his life and death being such as might be expected from the nephew and son-in-law of the old arch traytor warriston , in whose family he was bred up , and tutor'd under his discipline , according to his principles . such were the chief steps the scotch conspirators had made in their part of the treasonable design , as far as through the divine favour it has been hitherto traced out by the extraordinary diligence , wisdom and integrity of his majesties present ministers in that kingdom . for the readers clearer comprehending the whole progress of the villany , the king thought best to have it thus represented in one view , and put all together in an uninterrupted course of narration : though by this method divers things have been already spoken of , which in the natural course of time happen'd after the several material passages , that remain yet unmention'd , relating to the english part of the conspiracy . wherefore , to return to the year , and to what happen'd in england that summer , shortly after the first discovery . ; his majesty having now received irresistible proof of the certainty of the wicked and unnatural design , that the world might have the like conviction , resolv'd speedily to bring some of the most notorious malefactors to a fair and open tryal . the first person who was put upon justifying himself , was lieutenant colonel thomas walcot , on the twelfth of july of that year . against him divers witnesses were produced , who , in their depositions , first gave some distinct account of the plot in general , and then of the particular share the prisoner at the bar had in it . as to what concern'd walcot himself , colonel romzey first deposed , that the said walcot came out of holland with ferguson after shaftsbury's death : that he came to west's chamber where he was present when a list was brought of the assassines , and agreed to joyn with them , intending to command a party to charge the guards : that he undertook to go and view rumbald's house , and bought a horse for that purpose : that he was present at the dividing of london into twenty parts in order to an insurrection ; and at the consult for buying of arms after the disappointment at the rye : that he was at the meeting for carrying on the conspiracy on thursday before the discovery : that after it they met at captain tracies , walcot's own lodgings , himself being present . next josiah keeling swore that walcot was at the trayterous assembly at the salutation-tavern , when the deponent was called gulick , and a health drunk to the english gulick ; west saying that gulick in dutch was keeling in english ; adding , he hoped to see keeling at the head of as good an army at wapping , as it was reported one gulick was then at cologne . then zechary bourn witnessed , that walcot used to come to ferguson when he lodg'd at his house : that walcot and several others met at the dragon on snow-hill , and often in other places , in order to raise men , and divide the city into twenty parts for securing the king and the duke : that almost every time they met , at least three times , the prisoner at the bar was there : that he was at the meeting at tracies , where they debated of standing to it with swords in their hands , and of killing keeling for having made the discovery . robert west's testimony concerning him went somewhat farther back . he deposed , that he became acquainted with walcot the summer before , when he told the deponent the carolina business was only a pretence ; that he ask'd the deponent upon the election of the sheriffs , will the people do nothing to secure themselves ? thereupon acquainting him with an insurrection then design'd within three weeks or a month : that shaftsbury was in the design , and had engaged him also : that he had an expectation of being colonel of horse ; asking the said west , whether he would have any command under him ? that upon his refusal , he desired him to lend him a suit of silk armour : that the said walcot told him of several designs to attack the king and the duke : that in the business of the rye , he undertook to command the party that was to set upon the guards : that after the disappointment , he met with the other conspirators , where they discours'd of it , and complain'd they had not arms in readiness : that he sometimes made one in the trayterous discourses at the deponents , and at the young-devil-tavern : that he was present at the meeting at tracies relating to their escape ; the prisoner at the bar himself then saying , god would still deliver the nations . his letter to mr. secretary jenkins was also produced , which he was proved to have own'd before the council to be his hand . the substance of it being , that he was come to town to lay himself at his majesties feet : that this was the first crime he had been guilty of since the kings return , and too soon by much now : that he was ready to discover to his majesty all that he knew in england , scotland and ireland , which might be something more than the first discoverer could acquaint him with , especially as to ireland : that his intimacy with a scotch minister , through whose hands much of the business pass'd , occasioned his knowing very much ; and that it was laid very broad , or he was mis-inform'd ; concluding with a proposal that he would follow the traytors who were fled , and give notice what measures they should take ; with other the like expressions . there was likewise a paper given in evidence that was taken about him in newgate ; wherein he desir'd romzey and west to spare him , saying , they had ground enough to serve the king upon other men. but as to his private confession to the king upon his first examination , that was not produc'd against him , though in that he had told divers new particulars of the conspiracy , and named the men of quality who had undertaken to raise the several shires . against all this walcot's defence only consisted in his own denial of having had any hand in the assassination ; saying , he knew well enough , if he should have undertaken to charge the guards whilst others kill'd the king , he was equally guilty with those that kill'd him ; but that he was sick of the gout during the meetings whilst the king was at newmarket : moreover , that those witnesses were sufficiently dipped themselves , and swore against him to save their own lives : that goodenough and rumbald he never knew : that the last meeting at his lodgings was appointed by romzey , he himself knowing nothing of it : that he came accidentally to the other meetings only to hear news . he confessed he heard there was a design amongst divers great lords and gentlemen for asserting liberties and properties ; but that he was not at their consultations . the sum was , that he had heard a great deal of an insurrection , but had no hand in it , and therefore his fault could be only misprision of treason . and as to his letter , he alledged he had only heard what he promised to discover from ferguson . to the most material parts of this defence , it was answer'd by his majesties learned council at law , that there is nothing more just than to make use of some traytors to convict others , else treason might be hatch'd most securely : that because the witnesses had been concern'd in the plot , therefore they were to be believed ; for who should know it but those that were concern'd ? that better vvitnesses could not have been had , except the thing had succeeded : that the very being at treasonable consults , and keeping them private , is not only misprision , but high treason . and as to his having the gout , west told him , he remember'd it very well by a good token , that walcot himself said , he was afraid when the time came , he should not be able to draw on his boot . but the whole evidence against walcot being clear and positive testimony , and what he pleaded for himself being only his own single affirmation and negation , without any support of witnesses , the jury immediately brought him in guilty of high treason . according to which sentence he was executed on the th of the said month. at the time of his execution he again acknowledg'd what he had told the king , and writ to the secretary of state , that the business was laid very deep ; he said , an act of indulgence would do well , because the king had a great many men to take judgment of : he persisted , he was to have had no hand in his majesties death , though he confess'd it was proposed when he was present : he declared he did not know that this conspiracy was older than the august or september before : but so old he own'd it was . the next offender that came under the stroak of justice , was william hone a joyner , who being brought to the bar , would presently have confess'd himself guilty of great part of the accusation . but refusing to confess all , he was requir'd to plead , and the next day was brought on his tryal . then again he desir'd he might retract his plea , and offer'd to plead guilty . but since he would not own the whole indictment , for satisfaction of the world the evidence against him was produc'd . josiah keeling swore , that the prisoner at the bar was at the dolphin-tavern , when several sorts of arms were agreed on to be provided under the borrow'd names of swan-quills , goose-quills , crow-quills : that after that meeting , hone told the deponent , he was to be one of them who were to go down to the rye to assassinate the king. that he since also told him , it would never be well till the black-bird and the gold-finch were knock'd on the head ; explaining those terms to be meant of the king and the duke . to which witness hone reply'd in open court , that as to the black-bird he own'd it , but not as to the gold-finch . then west deposed , that goodenough having told him he would try hone , whether he would attempt on the duke without the king , the deponent ask'd hone , whether he had seen goodenough ? he answer'd , he had , and that he had spoken to him about a job for the duke . that at another time also hone ask'd the deponent , master , shall we do nothing ? adding , that if the duke of monmouth would be true , and appear , he would bring or men from the other side of the water , to help to do the business . and that the deponent demanding what business ? he answer'd , a brisk push at the two brothers . that being further question'd , what brothers ? he said , the captain and lieutenant ; which were the counterfeit names they sometimes used for the king and the duke . then sir nicholas butler deposed , he had known hone many years , and always knew him guilty of plotting , contriving , and ready for such enterprises as this : particularly that he had proposed taking off the king and the duke with cross-bows from bow-steeple , whilst they were standing in a house directly over against it on the lord mayors day : that hone confess'd this very thing when examined before his majesty : that he had also acquainted divers persons , that he was to make one to kill the king and the duke . then captain richardson swore , that the prisoner confess'd to sir nicholas butler , in his presence , that goodenough came to him and told him , he wanted labourers ; that hone asking him for what ? goodenough said it was to kill the king , and the duke : that he did agree to be one of the number : that hone did say another time , he was for killing the king , and saving the duke ; but that goodenough was for both : that he told them of the business of the rye , calling it the place where the king was to have been murder'd . to all this hone made no other answer , but that he was drawn in by goodenough ; and as for killing the king from bow-steeple , he was told of it by another . so the jury found him guilty without going out of the court. at his execution , he own'd himself guilty of the crime , for which he stood condemn'd . only alledging again , that he was drawn in . he confess'd also , he did say he was for killing the king , and saving the duke of york . on which last expression the factious party immediately laid hold . and they have since most impudently made use of it , in their libels both at home and abroad , to take the aspersion of this conspiracy , off from themselves , insinuating that this saying of hones ( a notorious fanatick ) must needs prove him to have been a conceal'd papist . whereas it is apparent , he said it upon a quite different account : since it was a common opinion among them , that if they could but do the kings business , their work against the duke would be much easier : a lesson first taught them by their great master the earl of shaftsbury . for when in one of their trayterous cabals , among other considerations of time and place , for killing the royal brothers , that between hampton-court and windsor was proposed and some excepted against it , because his majesty and his royal highness seldom went that way together ; the said earl advised them not to stand upon that , and not to omit the opportunity of making the king away for any such objection ; giving this wicked reason for his advice , that if the king were once dispatched , they should easily be able to deal with the duke of york ; grounding his judgment on a most false supposition , that the people were generally averse from his royal highness . the next criminal arraign'd was william lord russel , who was brought to his tryal july the th of that year . against him colonel romzey deposed , that in the end of october , or the beginning of november . there met at mr. shepard's house in abchurch-lane , the duke of monmouth , the lord gray , the lord russel , sir thomas armstrong and ferguson : that the earl of shaftsbury desired him to go to them thither , to know what resolution was taken about the rising of taunton : that he did go , mr. shepard carried him up where they were , and he deliver'd his message : that the answer was , mr. trenchard had fail'd them ; and there could be no more done in the matter at that time : that there was at the same time a discourse by all the company about seeing what posture the guards were in , that they might know how to surprize them ; that some of them undertook to go and see : that my lord russel in particular did speak about the rising , and gave his consent to it . then mr. shepard swore , that in october last , ferguson requested of him , in the duke of monmouth's name , the conveniency of his house , for some persons of quality to meet in ; that the same day in the evening the duke of of monmouth , the lord gray , the lord russel , armstrong and ferguson came : that they desir'd to be private , and none of his servants to come up : that their discourse was , how to surprize the guards : that the duke of monmouth , the lord gray and armstrong went one night to the mues to view them : that the next time they came , armstrong said , the guards were remiss , and the thing was feasible : that they had two meetings of this kind at his house ; that in one of them something was read by ferguson in the nature of a declaration , setting forth the grievances of the nation in order to a rising : that he could not say positively the lord russel was there when it was read ; but the said lord was there , when they talk'd of seizing the guards . then the lord howard of escrick gave his deposition , consisting of two parts , a general declaration of what he knew of the whole conspiracy , and his particular evidence touching the lord russel's being engaged in it . in the general part , his testimony was agreeable to what has been already cited out of his confession to his majesty ; only in some passages he was more particular as to persons , especially concerning lieutenant colonel walcot , the earl of shaftsbury , the lord gray , and the duke of monmouth , as appears by the printed tryal . but what peculiarly related to the lord russel was to this effect ; that after the earl of shaftsbury's flight , the chief persons concern'd in the conspiracy in his time , began to consider they had gone so far it would be unsafe for them to make a retreat ; and that so great an affair consisting of so many particulars , which were to be manag'd with so much fineness , it would be necessary to have some general council : that therefore they resolv'd to erect a cabal among themselves , which was made up of six persons , the duke of monmouth , the earl of essex , the lord russel , colonel algernoon sydney , mr. hambden junior , and the deponent : that this was about the middle of the january before : that then they met at mr. hambden's house , where it was presently agreed , their proper province was to take care of the whole : that the chief things they debated were , whether the insurrection should begin first in london or the country ; the duke of monmouth insisting , it should be first in the country ; then what countries and towns were fittest , and most ready for action ; then , what arms were to be got , and how to be disposed ; then that it was necessary to have a common bank of or l. to answer the occasions of such an undertaking ; but that the greatest point was to order it so , as to draw scotland into a consent with them ; because it was requisite all diversion should be given to the kings forces . that about ten days after every one of the same persons met again at the lord russel's house : that they then came to a resolution , of sending some persons to the earl of argyle , to settle an understanding with him , and that a messenger should be dispatch'd into scotland , to invite some scoth-men hither , who best understood the estate of scotland , to give an account of it : that the persons agreed on to be sent for were sir john cockran , the lord melvil , and one of the name of cambel : that to this purpose it was order'd , a person should be thought on that was to be sent : that colonel sydney was intrusted to take care of that business : that the said colonel told the deponent , he had sent aaron smith : that then they agreed not to meet again till the return of the messenger ; who was gone about a month before they heard any thing of him ; though the letter he carried , could have done no great hurt , had it been taken , because it was written in a kind of a cant , under the disguise of a plantation in carolina : that all this debate at the lord russel's went without contradiction , all there present giving their consent : that as for raising money , every one was put to think of such a way , that money might be collected without administring jealousie : that after this the deponent met no more with them ; but when he return'd out of the country , he was inform'd aaron smith was come back , and that sir john cockran was also come to town . then attherbury the kings messenger deposed , that the foresaid cambel and his son were taken in london , making their escape out of a window in a woodmongers house , four days after they had been in town ; during which space , they confess'd they had chang'd their lodgings three times , and that they and mr. baillie of jerviswood came to town together . against this evidence the lord russel's defence ( besides some objections in point of law , wherein he was over-ruled by the opinion of all the judges there present ) was to this purpose : that the two times they met , was upon no form'd design , only to talk of news , and of things in general : that the lord howard having a voluble tongue , they delighted to hear him discourse : that he knew of no such council of six chosen , for who should chuse them ? that the witnesses against him swore to save their own lives , and therefore could not be credible : that romzey was notoriously known to have been highly obliged by the king and the duke ; and it was strange he should be capable of such a design as to murder the king ; that no body then could wonder , if to save his own life , he should endeavour to take away anothers : that the time by the th of the king was elapsed , since the prosecution was not made in the six months : that a design of levying war is no treason , except it appear by some overt act : that there was but one meeting at shepard's house , nor was he ever there but once : that then he came late , staid not above a quarter of an hour , tasting sherry with shepard ; and that there ought to be two vvitnesses to one and the same thing at the same time . then he produced vvitnesses to prove that the lord howard , before he was taken , declar'd he believ'd the lord russel innocent , and knew nothing against him . the rest of his justification consisted of the testimony of several persons concerning the virtue and sobriety of his former life . as to what concern'd the lord howard's saying , he believed the lord russel not to be guilty ; it was answer'd by the lord howard himself , that he confess'd he had said so , being then himself not a cused , so that he intended to out-face the thing both for himself and the party ; but now his duty to god , the king and his country requir'd it , he must say the truth ; and that though the council of six were not chosen by any community , yet they did erect themselves by mutual agreement one with another into that society . the rest was answer'd by the kings learned council at law , that he was not try'd upon the th of the king , but upon the th of edward the third : that to raise a conspiracy within the kingdom is what is call'd levying war by that statute : that to design to seize on the king , or to depose him , or to raise the subjects against him , hath been setled by several resolutions of the judges to be within that statute , and evidences of a design to kill the king : that in cases of treason , it is not necessary there should be two vvitnesses to the same individual fact , at the same time ; but if there be two vvitnesses of things tending to the same fact , though at several times , and upon several occasions , it is sufficient : that if there be one witness of one act of treason , another of a second , another of a third , they will be enough to convict a man of high treason : that so it was determin'd by the opinion of all the judges in england , and by the lords in parliament in the lord stafford's case . it was farther urged , that the vvitnesses against the lord russel were not profligate persons , nor men who wanted faith and credit before that time ; but such against whom there had been no legal exceptions made by himself : that there was no contradiction , no correspondence or contrivance at all between them ; and that it cannot be imagined such men should damn their own souls to take away the life of a gentleman , against whom they had no quarrel . as for romzey's being much obliged to the king and the duke , that it was apparent by many instances , that no such , though the greatest obligations , had hinder'd ill men from conspiring against his majesty . for was not the earl of essex , were not divers others of the conspirators in like manner obliged , and advanced in estate and honour by the king ? as to their coming only to shepard's to taste vvine , it was said , that could not have been the end of their meeting : vvhy did they then come so privately ? vvhy then did they order none of the servants to come up ? it was plain the design they met on , requir'd only such persons to be present as had an affection for the cause . it was also urg'd , that it is not a good objection against a mans being evidence in high treason , that he himself was engaged in it ; but that such men are the most proper persons to be evidence , none but they being able to detect such counsels . as for the several divines , and men of honour and quality produced to testifie the virtue and sobriety of the lord russel's conversation ; it was answer'd , that an affectation of popularity has often proved a snare strong enough to tempt many men , who have otherwise been of great temperance and virtue . nor indeed can there be any more dangerous enemies to a state or kingdom , than such as come sober to endeavour its destruction . vvhich old and true observation was signally exemplified in this particular case of the lord russel : for west deposed , that the underacters in the treason most depended on the said lord , for this very reason , because they look'd on him as a man of great sobriety . upon the whole process he was found guilty of high treason . but in stead of drawing , hanging and quartering , the usual and legal penalty of that crime , the execution was by his majesties clemency chang'd into that of beheading . though it is well known , this very prerogative of the kings having it in his power to alter the punishment of high treason , had been vehemently disputed by the party , and particularly by the lord russel himself in the lord stafford's case . the said lord russel at the time of his death , which was the st of that month , deliver'd a paper to the sheriffs , and left other copies of it with his friends , whereby it was immediately dispers'd amongst the people ; the general drift of it being to make odious insinuations against the government , invidious reflections on the ministers of his majesties justice , and undue extenuations of his own fault . as to the whole matter of it , time , the best discoverer , and light of truth , has since shewn it to be full of enormous falshoods : and for the manner of its composure , it was such , as rather became the subtilty , artifice and equivocation of some crafty hypocritical confessor , or presbyterian casuist , than the noble plainness and simplicity of a gentleman ; especially of one who in this very paper so much boasts of the sincerity and candour of his whole life , and of his perpetual hatred of tricks and evasions . among divers other notorious shifts and prevarications contain'd in it , this is observable , that in this paper he declares solemnly he never was at shepard's in that company but once , as in his tryal he had affirm'd absolutely he never was there but once : whereas , besides what shepard positively swore , that he was more than once there , and in that very company ; the said lord russel himself also , when he was examin'd in the tower by his majesties command june th , confess'd he had been at shepard's house frequently ; which confession after it was written down , read and repeated by himself , he in great agitation of mind desir'd he might alter it . and the alteration he made was to put in divers times in stead of frequently . the truth of which appears by the original thus subscribed , and corrected by the the lord russel ; and by the known integrity of sir leolyn jenkins , sir john ernly , and his majesties atturney-general and sollicitor-general , who receiv'd the examination , and have attested the alteration . the lord russel likewise in the printed speech affirms , his intention of going to shepards was to taste sherry ; and in his tryal he said , he staid not above a quarter of an hour there tasting of sherry . though presently after in the very same paper , forgetting what he had said , he acknowledges , he was desir'd to go thither by the duke of monmouth , upon a business of greater consequence than the tasting of sherry : which was , that the duke of monmouth call'd upon him to tell him , that the earl of shaftsbury and some other hot men would undo them all , if great care were not taken ; and therefore intreated him to go with him to shepards . to this he adds , that when he came thither , there were things spoken by some with much more heat than judgment ; things of the same nature , no doubt , with those he confess'd to have heard before in the earl of shaftsbury's company , which made the duke of monmouth himself cry out , did you ever hear so horrid a thing ? however all these treasonable discourses about making some stirs as he stiles them , the said lord would fain have had pass only for misprision of treason . though it is remarkable that in all those his last words , there is no more sign of his asking forgiveness of god or the king , for his confess'd misprision , than for the high treason . moreover in the same printed paper he solemnly avows , there was no undertaking at shepards for seizing the guards ; none appointed to view or examine them ; only that there was some discourse then , and at other times , about the feasibleness of it ; adding , that several times by accident he heard it mention'd , as a thing might easily be done . by which and other the like concessions in that speech he well nigh grants himself guilty of the crime whereof he was accus'd ; since the judges often assur'd him , that those discourses and consultations not reveald are high treason . he farther says , it was by a strange fetch , that a design of seizing on the guards was construed a design of killing the king. but that this construction was no such strange fetch , colonel walcot himself might have inform'd him ; who both at his trial , and his execution , did with far more truth and ingenuity allow , that it was the same thing for him to engage the kings guards , whilst another kill'd him , as to kill him with his own hands . though , to put this whole matter out of question , touching that consultation at shepards , for seizing the guards , his majesty declares on the faith of a king , appealing also to the memory of his royal highness to confirm the same , that the duke of monmouth did , in express terms confess this very particular , and all the circumstances of it to his majesty at the time of his rendring himself : namely , that the foresaid debate of surprizing the guards was at shepards ; that the lord russel was one of the persons debating it ; that the result was , the duke of monmouth , the lord gray and sir thomas armstrong should go view the guards in order to seize them ; that accordingly they three did go , and take a view of them to that end ; and that the report they made to the same company at their next meeting was , that the thing might be done , if they had any considerable strength . but what need any farther proof of the insincerity of the lord russel's last justification , than the foremention'd deposition of carstares ? an evidence not only by law unquestionable , but such as cannot but be esteem'd by the very conspirators themselves of invincible strength and conviction : since he was a man eminent in their party , and one of their principal seducing teachers . and what the said carstares deposed relating to the lord russel , his majesty thinks fit to be repeated here again . it was , that when he return'd into england out of holland , where he had been to concert matters with the earl of argyle , for promoting the general conspiracy ; the next day he met with sir john cockran , and having acquainted him with the earl of argyle ' s demands of l. sterling , and the thousand horse and dragoons , sir john cockran carried the said carstares to the lord russel ; to whom he proposed the affair , but being then a perfect stranger , had no return from him at that time . that afterwards the deponent met with the lord russel accidentally at shepard ' s house , where as shepard affirm'd the said lord was come to speak with him about the money before mention'd . that when the other two had done talking , carstares himself desir'd to speak with the lord russel ; and that in his discourse with him , having reiterated the former proposition for the l. and the thousand horse , and dragoons , the lord russel answer'd in these very words ; they could not get so much money rais'd at the time , but if they had l. to begin , that would draw people in , and when they were once in , they would soon be brought to more . but as for the horse and dragoons , he could say nothing at the present , for that behoved to be concerted on the borders . by which plain deposition , agreeing with so many other witnesses , it is manifest that when they whom the lord russel trusted with composing his last speech , permitted him to affirm on the word of a dying man , he knew nothing of any design against the king or kingdom , either they did grosly prevaricate with him , or he with them . his majesty has judg'd it convenient that the whole proceeding with the lord russel should be thus particularly recollected , as well that one great instance for all might be given of the impartiality and fair course in which the publick justice was administer'd against the conspirators , as also that it might appear with what weak cavils , ambiguities and tergiversations they defended themselves both living and dying . for the others who were afterwards brought to condign punishment , it will not be so needful to descend into every minute part of their tryals , condemnations and executions , which have been already faithfully published ; especially since those that followed made most of the same objections in law and fact as were before most solidly answer'd . it will be enough only to make some few observations , where any new matter shall arise , for the fuller demonstration of the wicked design . on july the th of that year , was john rouse brought to tryal . against him there was ample evidence given . first by thomas lea ; that the said rouse undertook to provide arms for the city-divisions : that he said , nothing could be done unless the king were seiz'd ; adding , we remember forty one , when the king went and set up his standard ; therefore we will seize them that they shall not set up their standard . that he farther said , it would be convenient to have a ball plaid on black-heath ; to that end some sea-captains must be spoken to , he promising to speak to ten : that when the ball should be won , every captain might take his party , and tell them they had other vvork , and then go with long boats and arms to seize the tower : that the said rouse had several such discourses , and went divers times to view the tower to that end : that after the discovery he said to goodenough and nelthrop , be not discourag'd , but let the business go on : that he said , take off the king and the duke , and then no man can have commission to fight for them : that he also affirm'd , he was under an oath of secrecy , never to trust but one at a time with the design . then by william leigh , that the said rouse farther endeavour'd to get seamen to seize on , and command some of the kings ships , lying as guard-ships at woolwich and deptford : that being ask'd , what he would do with ships without powder and shot , with which they could not be provided except the tower were surpriz'd ? he reply'd , we must secure the tower and whitehal both , or we can do nothing . and farther , to prove the said rouse's former trayterous temper of mind against his majesties government , it was sworn by mr. corbin , that upon some discourse concerning the parliament at oxford , rouse said , he foresaw it would be a short sessions , but that these frequent prorogations an dissolutions of parliament would not avail him for whatever the king has , the parliament gave him , and they may take it away when they please : that the king had forfeited his crown , and had no more right to it than he had . against this all the defence rouse made was , that the words attested by corbin , were spoken upon a supposition of the popes power over princes : that as for william lea he had nothing to say against him , but hoped he was an honest man ; and for thomas lea , that the said lea himself first began those treasonable discourses , which rouse intended to have revealed , had not the other got the start of him . but this being only supported by his single yea and nay , without the credit of any one witness to strengthen it , the jury presently gave their verdict that he was guilty . for divers years before he had been a most notorious boutefeu in the city of london ; and was one of the many scandalous examples of the gross corruption and iniquity of the ignoramus-juries of that time ; he having been unjustly acquitted by them , when in the year . he was indicted of high crimes , particularly for those trayterous vvords mentioned in corbin's evidence . but at last the divine vengeance overtook him in this manner . at his death among other things he ingenuously confess'd , he had deserved the sentence pass'd against him ; that he had heard and understood too much in several kinds of meetings , especially of some , who though they call'd themselves true protestants , were ten thousand times worse than any others . on november the th of the said year , was colonel algernoon sydney arraign'd , having sued out his habeas corpus ; and on the st he was brought to his tryal . he was indicted for being one of their great council of six ; for sending aaron smith into scotland ; and for writing a most treasonable libel against the government , which was found in his closet on the table , when his papers were seiz'd . as to the said colonels having been one of their council of six , and present at , and consenting to all their deliberations , at mr. hambden's and the lord russel's the lord howard deposed to the same sense as he had done at the lord russel's tryal ; adding now one particular , which more especially affected colonel sydney ; that the said colonel , the duke of monmouth , and the deponent were the first movers of erecting that council , the duke of monmouth undertaking to incline the lord russel to it , and mr. sydney promising for the earl of essex and mr. hambden . touching the second article , his sending aaron smith into scotland to invite some scotch-men hither , the lord howard farther witness'd , that at their first meeting at mr. hambden's , amongst other matters , it was chiefly debated how to make a coalition of councils between them and scotland ; that to this purpose it was propos'd some fit person should be thought on to send thither to unite them and the english conspirators into one sense and care : that this was discours'd of at the first meeting . that at the next , which was at my lord russel's house , every one of the same persons being present , they fell to consult of what they had charg'd themselves with the time before , concerning sending into scotland ; and also the setling a correspondence with argyle : that the scotch gentlemen named to be sent to were melvin , cockran and the cambels : that colonel sydney offer'd he would take care of the person to be sent ; saying , he had one in his thought 's whom he judg'd a fit man to be trusted , naming aaron smith for the man : that as many of the company as knew him , thought him a very proper person for that employment : that the duke of monmouth undertook to invite melvin hither ; and a letter was to be sent to cockran by smith : that these scotch-men were to be desired to come , and acquaint their council here , how they found scotland temper'd ; what opportunities or advantages there might be of putting that kingdom into a commotion ; and how they might there keep time and place with the english. that shortly after this , the deponent went to colonel sydney's , and found him just going into london : that the said colonel took out of a cabinet several guinea's , saying , they were to be given to aaron smith for his expences : that he was sent accordingly ; and the colonel told the deponent afterwards , he was gone , and was upon the road , and that he had heard from him when he was about newcastle . it was next plainly prov'd , that those scotch-men came up soon after smith arrived there . this was sworn by sir andrew foster , that cockran , monroe , and the two cambels came to town about the end of the spring , or the beginning of summer ; cockran and monroe pretending their business was a purchase in carolina ; and that upon the very first rumour of a plot , cockran absconded , monroe and the cambels were taken . to this purpose attherbury the messenger also deposed , that about the end of june , or the beginning of july . he was sent by his majesties vvarrant into london , upon a discovery of some scotch-men lodging in black-friers ; but the common-sergeant of the city and others having been there before him , found them making their escape in a boat : that the persons were sir hugh cambel , cockran , and another : that this was after they had been in town but a little while . the next head of the accusation concern'd the treasonable pamphlet found in colonel sydney's study , at the time of his apprehension . to this , first sir philip lloyd clerk of his majesties council deposed , that having been sent by the king and council to seize colonel sydney's papers , he did go , and put up what he found in his closet : that he found those papers now given in evidence lying upon his table where he usually writ : that he seiz'd them towards the later end of june : that having put them up , he offer'd colonel sydney that he might seal them with his own seal , but he refusing , the deponent set his seal to them , and so deliver'd them to the council . next it was made out , by as firm proof as such a matter will bear , that all the sheets produced were of colonel sydney's own hand-writing , which was evidenc'd by mr. shepard , mr. cook , and mr. cary , men of known repute and credit , who had long dealt with mr. sydney in matters of money , and had paid divers bills of exchange for him , upon notes written in the same hand , and were never call'd to any account for mis-payment . then were the papers read , containing rank treason almost in every line . for therein were broach'd and asserted many horrible doctrines both against monarchy in general , and the english monarchy in particular : which according to the usual false reasoning of all republican writers , he endeavour'd to justifie by divers quotations and examples of sacred and prophane history grosly perverted , and misapplied against the present government of his country . in short , the whole design of those papers was to maintain , that tyrants may be justly deposed by the people ; and that the people are the only judges who are tyrants ; and peculiarly concerning this nation there are these expressions : the power originally in the people of england is delegated to the parliament . he , the king , is subject to the law of god , as he is a man ; to the people that makes him a king , in as much as he is a king : the law sets a measure to that subjection : the parliament is judge of the particular cases thereupon arising : he must be content to submit his interest to theirs , since he is no more than any one of them in any other respect , than that he is by consent of all rais'd above any other : if he doth not like this condition , he may renounce the crown : but if he receive it upon this condition , ( as all magistrates do the power they receive ) and swear to perform it , he must expect the performance will be exacted , or revenge taken by those he hath betray'd . and in another place he says , we may therefore change or take away kings without breaking any yoak ; or that is made a yoak , which ought not to be one . the injury is in making , and imposing , and there can be none in breaking it . and in another , that the people must needs be the judge of what happens between them , and the king , whom they did constitute . and in another , that as for the peoples being judges in their own cases , it is plain they ought to be the only judges . and in another , that the power of calling and dissolving parliaments is not in the king. and in another , that the general revolt of a nation from its own magistrates can never be call'd a rebellion . these are some of the treasonable tenets contain'd in mr. sydney's papers , amongst many other assertions that are equally criminal , but too long to be here inserted . concerning all which villanous opinions this is certainly known , and confess'd by all good men , that as they laid the foundations of the late miserable war against his majesties blessed father ; and thereby occasion'd the spilling so much blood , even of the royal blood it self ; so when-ever the multitude shall be infected with the like antimonarchical doctrines , it will be impossible for the best kings , or the most happy kingdoms in the vvorld , to be free from perpetual treasons , and rebellious plottings . to all this colonel sydney's answer being only made up of most of the same pleas in law that had been over-ruled , and the same objections against the lord howard which were satisfactorily repell'd in the former tryals : besides that he only barely deny'd the sending of aaron smith , and his having any hand in , or knowledge of that message : and as for his treasonable papers , he would not grant them to be his , or if they were found in his study , he affirm'd that they might have been written many years ago in answer to sir r. philmer ' s book of monarchy ; and written with no intention of publishing them , but only for private diversion , and the exercise of his pen. in short , his defence consisting rather in nice cavils at the known forms of law , or discourses ridiculing the design of a council of six , and the whole conspiracy it self , than in any solid arguments or evidence to invalidate the vvitnesses , or to clear himself from the crimes proved upon him , he was presently found guilty . his execution in respect of his quality , his majesty alter'd from the usual punishment of high treason , into that of severing his head from his body . at the time of his death on december the th he also deliver'd the sheriffs a written paper : wherein , after having excused his not speaking what he wrote , by alledging this reason among others , that this was an age , which makes truth pass for treason ; he objects against the lord howard the infamy of his former life ; which objection no man in england had less cause to make than himself , the lord howard and he having been known to be entire confidents , familiars and friends for many years past of their lives , and till the very time of the discovery . touching his papers produced against him , he gives an account full of manifest equivocations , and ambiguous reservations . he sufficiently intimates they were his own ; but implies they were written long ago , against a book of controversie in matters of government . thereupon he goes on , openly to justifie those papers , by positions dangerous enough to the publick peace , but quite different from what was laid to his charge at his tryal , and was quoted word by word out of those papers . for in stead of being a general discourse for the peoples rights against kings , without any particular applications to time or place , as in this his last paper he insinuates them to have been ; it is apparent to any man that can but read , that those sheets of his vvriting , which were given in evidence , strook at the very root of the english monarchy , and that therein he studied to do his part to bring the ax very near the kings neck once again . he farther , in that printed speech , most injuriously reviles his judges , affirming with notorious falshood and petulancy , that lest the means of destroying the best protestants in england should fail , the bench was fill'd with such as had been blemishes to the bar. he goes on to make divers the like frivolous and groundless reflections on the legal and regular proceedings against him ; concluding with a prayer that could be dictated by none but a fierce republican , and a furious enthusiastical spirit met together . it was in truth a prayer more proper for their treasonable meetings at mr. hambden's or the lord russel's , than to be used as the last words of a gentleman dying in the profession of his innocency . for after having fondly declar'd , that he fell a sacrifice to idols , he thus addresses his speech to the great god of heaven : bless thy people , and save them . defend thy own cause ; defend those that defend it . stir up such as are faint . direct those that are willing . confirm those that waver . give wisdom and integrity unto all . grant that i may die glorifying thee for all thy mercies ; and that at the last thou hast permitted me to be singled out as a witness of thy truth ; and even by the confession of my opposers , for that old cause in which i was from my youth engaged , and for which thou hast often wonderfully declar'd thy self . he makes it his last glory , that he was engag'd in that old cause from his youth ; and he was so . being yet very young he took up rebellious arms against his majesties blessed father , and merited so well of that old cause , that he was thought rightly qualifi'd to be named , though he did not actually sit , amongst the black number of the regicides . upon his majesties most happy return , his fixt aversion to the restor'd government was such , that he would not personally accept of the oblivion and indempnity then generally granted to the whole nation . but he voluntarily banish'd himself for many years ; till about the year , he came into england again and by his majesties special grace , obtain'd a particular pardon , upon repeated promises of constant quiet , and obedience for the time to come : which how he made good , the world may judge . in fine , he fell a memorable warning , and fatal example to the english nobility and gentry of this , and all future ages ; that they should take heed of being so far infatuated with the fancie and chimerical felicities of antient or modern commonwealths , as to despise and attempt the ruine of the far more solid liberty and happiness to be injoy'd under the english monarchy . on the th day of november , mr. john hambden junior , having also sued out his habeas corpus , was arraign'd for high misdeameanor , and brought to his tryal the th of february following . in this tryal , the lord howard positively deposed to the same sense as before touching the general transactions of the conspiracy till the earl of shaftsbury's death ; and particularly afterwards of the meeting of the council of six at mr. hambden's own house , where mr. hambden made an introductory speech to open the assembly ; and the subject of their debates was concerning the time , place , men , arms and money to be provided towards a rising ; and also that then the sending a messenger into scotland was proposed , and referred to be debated the next meeting . farther , that mr. hambden was present at that next meeting at the lord russel's house ; and amongst the rest deliberated of sending the messenger into scotland ; when aaron smith was named , and approved to be the man. but the substance of the lord howard's evidence having been before sufficiently set down , it will be needless now to follow exactly every circumstance of it . it is enough only to note , that most of the same objections being again repeated by the defendents council , had the same or like answers return'd them by the kings . there was indeed one new and very material thing then first particularly and unquestionably made out in this tryal , which was the certainty of aaron smith's carrying the treasonable message into scotland . this was now demonstrably proved by sheriff and bell , both inhabitants of newcastle ; sheriff being the man at whose house smith lay in his passage to and fro , and bell the very guide that went thence to conduct him into scotland . touching this matter ; first , attherbury one of the kings messengers testified , that sheriff and bell had a full view of aaron smith , who was brought for that purpose from the kings-bench before the king : that sheriff and bell did then own aaron smith to be the man who had pass'd under the name of clerk : that sheriff declar'd the said clerk lay at his house ; and bell said that he travell'd towards scotland with him , being hired to shew him the way : that to all this aaron smith would not answer one word . then sheriff himself deposed , that he keeping the black-spread-eagle in newcastle , aaron smith came to his house about the middle of february : that he staid there one night , went away , and return'd again in twelve days , or thereabout : that he travell'd from his house northward towards scotland , but first desir'd one might be got to shew him the way : that to that purpose the deponent sent for bell , whom smith presently hired to go with him : that when smith came back , he lay another night at his house , and so return'd into the south towards london : that smith went all the while by the name of clerk : that the deponent directed him to a gentleman at jadburgh , which is forty miles from newcastle , and within six miles of scotland . then bell swore , that aaron smith was the very man who went by the name of clerk. that the deponent living at newcastle , and getting his livelyhood by letting out horses and guiding of travellers ; sheriff sent for him , told him the said clerk wanted a guide into scotland : that this happen'd on the thursday before shrove tuesday : that the next morning being friday , he conducted smith towards jadburgh ; that on the saturday the deponents horse was tyr'd ; so smith left him taking another guide ; appointing him to come after as fast as he could to jadburgh : that the deponent overtook him there on sunday ; and on monday morning saw him take horse with another guide for scotland , saying he was going towards douglas : that bell presently went back to newcastle : where he saw smith and discours'd with him , upon his return out of scotland . then it was also proved by sir andrew foster and attherbury , that the scotch-men sent for by smiths message , did come , and staid in town , till upon the discovery of the plot , they were either taken or absconded . by this plain evidence of the several stages of smith's journy , that treasonable intercourse with scotland was made out beyond all possibility of confutation . so that from the very time of the consultations at mr. hambdens , and the lord russel's about sending a messenger ; the truth of colonel sydneys undertaking to send one ; of his naming aaron smith for the messenger ; of smith's going to scotland ; of the scotch mens coming up that were sent for ; and of their being surprized , endeavouring to hide themselves , upon the first breaking forth of the plot ; all this appears to be indisputably confirm'd , and trac'd step by step , almost from day to day , especially if these newcastle mens depositions shall be compar'd with the testimony that is subjoin'd of two scotch-men thomas steil , and oliver , concerning aaron smith's actual arrival in scotland , and what he did whilst he was there at that time . the issue was , mr. hambden was immediately found guilty of the high trespass and misdeameanor , and thereupon fined l. to the king , and order'd to give sureties for his good behavior during life . a punishment that cannot but be esteem'd very moderate , considering the nature of his crime , which nothing but the want of another positive witness could have made less than high treason . and the king cannot but here take this occasion once for all , to give the world notice of this infallible instance of his mild and merciful proceedings towards the conspirators . for his majesty does solemnly declare , that if he had not granted the duke of monmouth's request , that he would not make him a witness , neither mr. hambden , nor scarce any one man of all those that were freed upon bail , had escaped death . not to mention divers others , whom the said duke of monmouth named as parties in the conspiracy , that were never yet question'd . on the th of june . sir thomas armstrong having been taken in holland , was brought to the kings-bench-bar , upon an outlawry against him for high treason . whereupon the kings atturney demanded an award of execution : since upon his not appearing , when formerly indicted of high treason , he was now by the course of law attainted for the same . armstrong being ask'd , what he could say for himself ? alledg'd , he was beyond sea at the time of the outlawry , and beg'd he might be try'd . it was answer'd , that after a record of outlawry , the judges had nothing to do but to appoint execution . against this armstrong urg'd , that by the statute of the th of edward the sixth , the person outlaw'd had a years time to reverse the outlawry , if he were beyond sea. the bench reply'd , that by the plain words of that statute , none could have the benefit of it , but such as within one year should yield themselves to the chief justice of england , and offer to traverse the indictment upon which the outlawry was pronounc'd . to this armstrong pleaded , that the year not being yet out , he did now render himself to the chief justice . but that plea not being admitted , because he did not yield himself according to the sense of the act , but was brought a prisoner , and so could have no advantage of the proviso in the statute ; armstrong alledg'd , that the same favour had been lately granted to another , meaning holloway , who though he was in the same condition of outlawry , yet was offer'd to take his tryal if he pleas'd . it was answer'd , that was done out of the meer grace and favour of the king , who if his majesty thought good might extend the like favour to him also . but that was not the business of a court of justice ; they were only to take care to satisfie the law. moreover , the kings atturney acquainted the court , that the prisoner at the bar deserv'd no sort of indulgence or mercy from the king ; not only for that when he was seiz'd beyond sea , letters of fresh communication with foreign ministers and other people were taken about him , but also because it appear'd to his majesty by full evidence positively given , that after the disappointment of the meeting at the rye by gods providence in the fire at newmarket , armstrong was one of the persons that actually engag'd to go upon the kings hasty coming to town , and to destroy him by the way as he came . then was he order'd to be executed june the th . at the place of execution he likewise deliver'd the sheriffs a paper , wherein he continued to object against the legal course of the proceedings upon him , complaining , that with an unordinary roughness he had been condemn'd , and made a president , though holloway , being also outlaw'd , had his tryal offer'd him a little before . as to the new evidence against him , which the kings atturney mention'd at the kings-bench , he only answer'd it by a bold and flat denial ; affirming upon his death , he never had any design against the kings life , nor the life of any man ; both which may be easily allow'd to be equally true . but to evince the contrary as to the kings life , it will be sufficient to set down the very words of the lord howard's deposition , together with the testimony of colonel romzey , which the kings atturney had then ready to produce , amongst many other old and clear proofs to convince him of designing the kings destruction . the lord howard having first confess'd some discourse between the duke of monmouth and himself , in october of , wherein the said duke had proposed the falling on the king at newmarket , goes on in these words : upon reflection i am apt to think , that from this time and not before , the design of way-laying the king in his return to london , was first meditated . and i am the more confirm'd in this opinion from the consideration of the behaviour of the duke of monmouth and the lord gray ; who seem'd to be very big of expectation of some great thing to be attempted upon the day of the kings coming from newmarket ; upon which day ( as i have before observ'd ) sir thomas armstrong was not be found till the kings coaches were come into town : and i do verily believe he was to have headed the party . this very particular the lord howard gave in upon oath among his first confessions to his majesty . nor can any man think it sufficient to invalidate the truth of this , that armstrong in his last paper calls it a base reflection , affirming he could have prov'd it to be a manifest falshood ; considering that colonel romzey also upon notice of armstrong's being taken , made oath in these very words : sir thomas armstrong did come to me the sunday-night after the fire at newmarket , and told me , that he just came from ferguson , and that notwithstanding the king and duke were to return so soon , yet ferguson did not doubt to have men ready by that time to do the business ; and desired me to go with him to ferguson's lodging in his coach , which i did . when i came there , ferguson told me the same , but that they wanted money . upon which sir thomas desired me to lend some , and he would see me repaid ; and added , that if he had been in stock , he would have done it himself . after this , the king could not think himself in the least bound to go out of the way of the law , for shewing any distinguishing act of grace to sir thomas armstrong ; especially when it is manifest there was scarce a man living , who had more personal obligations to his majesty than he had ; and yet no man had made more ungrateful returns for them , than he had done . nor could his majesty forget , how many other persons , and some very near his majesty , sir thomas armstrong had been the chief instrument of perverting . upon which account his majesty had reason to look on him , as the author of many more treasons besides his own . there is now scarce any thing material left unmention'd relating to the proof either of the assassination or insurrection , but what may be readily supplied , by any intelligent reader , out of the original records of informations and confessions , whereof by his majesties command , there are copies annext to this narration for an authentick confirmation of its truth . only the king is pleas'd that a more particular account should be given than has been hitherto made publick , of the duke of monmouth's rendring himself , of the reasons then moving his majesty to grant him his pardon , and of what happen'd immediately upon it , which occasion'd the said dukes final disgrace and banishment from his majesties presence . as to the late earl of essex's murdering himself in the tower some few days after his imprisonment there , his majesty cannot think it becomes him to descend to any particular justification of his own , or his ministers innocency in that calamitous accident . though his majesty is not ignorant , that divers most malicious pamphlets have been lately spread abroad in english , and other languages , which with an unparellell'd impudence have accus'd several persons of eminent virtue and honour about his majesty , not sparing even his royal highness ; nay scarce freeing the king himself , from being personally conscious of so base and barbarous an action . but after the truth of the whole matter has been carefully examin'd and asserted by the coroners inquest , whose proper business it was ; and after braddon has suffer'd the punishment of the law , for suborning even children to bear false witness in the case ; and after the notoriety of the fact , and all the circumstances of it , have been so clearly made out , that there is not a man in all england , of an honest mind , or sound sense , who does in the least doubt it ; his majesty disdains to enter into dispute with every petulant scribler , or to answer the villanous suggestions and horrid calumnies contain'd particularly in the libel call'd the detection , and in the epitome of it ; the one written by ferguson , the other by danvers ; both infamous men , and mortal enemies to his majesties government and person . yet his majesty cannot but think it deserves observation , that when the late earl of essex had so many considerable relations and alliances with divers the greatest families in the kingdom ; and when neither his lady , nor brother , nor any one of all his numerous friends and noble kindred , who were most nearly concern'd , did ever express the least jealousie of foul dealing or ill practise upon the said unfortunate earl ; and when all mens eyes are open'd , and scarce a man of their own party has any scruple in his thoughts about that business ; yet that now at last their old advocate of treason ferguson should come forth in print , to out-face so clear a demonstration of truth , and should try still to turn the envy of that unhappy stroak on the court , and the king , and his dearest brother . it cannot but seem a prodigious confidence and presumption , that ferguson should be their chosen champion in this cause ! the man , who by so many depositions stands outlaw'd and convict of having had the greatest share in the blackest part of the conspiracy ! the man , in accusing whom almost every witness both scotch and english consented , so that his crimes have been proved by more than twenty plain evidences ; particularly the duke of monmouth himself having confess'd to his majesty , that in all their debates , ferguson was always for cutting of throats ; saying , that was the most compendious way . that this very ferguson should so far make good his own words at parting , when he vow'd he would never be out of a plot as long as he liv'd ! that now in his banishment under the load of so many undeniable treasons , he should still appear as the great patron of the old cause , and should presume he can impose on the world in a matter of fact so fully try'd , so clearly prov'd and determined ! what can be a greater impudence , than that ferguson should still expect that he could make any man living believe , the king himself , or the duke of york could ever be induced to practise his compendious way on the earl of essex ? however from this one instance the king hopes the world will judge , how most injuriously and barbarously he has been used by his adversaries in their other libels against him ; in most of which it is well known the same venemous pen was employ'd . as for the deplorable end of the said earl , his majesty freely owns , there was no man in his dominions more deeply afflicted with it than himself : his majesty having been thereby deprived of an extraordinary opportunity to exercise his royal clemency ; and to testifie to all his loyal subjects and old friends , how highly he valued the memory and sufferings of the lord capel . next himself , his majesty thinks he is also bound in common justice to declare , that his entirely beloved brother was most tenderly concern'd and griev'd at that lamentable effect of the earl of essex's despair : his majesty being best able , upon his own knowledge to vouch for the duke of york , that he never deserv'd ill of the said earl , and was always most readily inclined , for both their fathers sakes , to have forgiven whatever ill the earl of essex had done to him . now touching his majesties pardoning the duke of monmouth , and what followed upon it , the king is pleased this account shall be given . the world needs not be told with what extraordinary regret to his majesty , the said duke was of late years perverted from that sense of his duty and allegiance , his majesty might justly claim from him , upon many more obligations besides that of being his subject . but it was one of the first and principal artifices of the earl of shaftsbury's malice , after his own disgrace at court , to be reveng'd on the king , by afflicting him in so tender a part , and by fly insinuations , to wrest from his bosom a person , who he knew , had so great a share in his majesties affections . this was indeed a talent peculiar to the earl of shaftsbury , that of all men living he could most easily turn himself into all shapes , and comply with all dispositions ; having by long practise , got the skill to cover his hooks with baits fitting every humour . the covetous , who are no small number of the pretended godly party , those he was wont to feed , and deceive with hopes of wealth and new sequestrations : the ambitious with praise and vain-glory : the nonconformist zealots , with promises of liberty in religion ; sometimes not refusing to stoop lower , and even to serve and assist the pleasures and debauches of men that way inclin'd , if he found them any way useful for his purpose . wherefore the said earl observing in the duke of monmouth a mind rash , unsteady and ambitious , soon made him an easie prey to his wicked subtilty , disguised under fair and plausible colours : on the one side , puffing up his youthful thoughts with a vain ostentation of honour , and the temptation of fame to be gotten by asserting and defending his countries liberties and religion , always pretended by him to be in imminent danger , whilst he was out of place : on the other , inflaming him with imaginary suspicions of the duke of york's irreconcileable hatred to his person . which was so far from having any real foundation , that on the contrary , his majesty , who best knows , does freely here testifie for his dearest brother in this particular , that the duke of monmouth , till he made himself uncapable of his friendship , never had a more entire , or fast friend about his majesty ; and there was scarce ever any honour or benefit conferr'd on him , but it was obtain'd of his majesty by his royal highnesses intercession . however by such groundless jealousies and empty conceits , was the duke of monmouth insensibly drawn to desert his only true interest ; and to give himself over to the delusions of his majesties mortal enemies . this the king apparently perceiving , and foreseeing how in the event it would tend to the said dukes inevitable ruine , his majesty tryed by all imaginable ways of kindness to cast forth the evil spirit in him , and to rescue him out of their hands . at length , when no milder course would serve , his majesty required him on his allegiance , to go beyond the seas , and there to remain till his farther pleasure was signified . his majesty still hopeing , that at so great a distance the poyson would be less effectual , and that by his absence the said duke would be kept innocent of the treasonable designs which his new associates were furiously carrying on against the government . but in that expectation his majesty was unfortunately disappointed . the duke of monmouth presently shew'd , how much his false friends and treacherous flatterers had prevailed over his unwary youth ; and how different they had taught him to be from the obedience , which at the same time was practised by his royal highness . for the said duke of monmouth soon return'd into england contrary to his majesties express command . the discontented party having thus got him again , and made him surer to themselves by this new affront to his majesty , began now to take new life and vigour by his presence : with insufferable boldness and contempt of authority , shewed him every where to the rabble ; leading him about with insolent pomp , through many countries ; openly owning and crying him up as the head of their cause ; the unhappy young-man all the while not understanding that he was only a property . by these fatal steps he was at last brought into the most pernicious counsels and undertakings . and whilst nothing less was intended by his tempters but the subversion of all that is well-setled and sacred in church and state ; they deluded him into the very same designs , by popular shews and empty names of the protestant duke , the great champion and protector of the privileges of the subject and the reformed religion : which under his majesty , can never want any other protector ; nor can ever stand in need of such champions as many of late have vaunted themselves to be , of whose religion there can be given no better account than of their loyalty . such then was the state of things , when upon the first breaking forth of this horrid conspiracy , his majesty with inexpressible surprize and grief , found by undoubted evidence the duke of monmouth very deeply engaged ; and therefore had but too just reason to put him into a proclamation among the other conspirators : after that the said duke had withdrawn himself from his majesties justice , and so long was become incapable of his forgiveness . in this obstinate defiance the duke of monmouth continued , till the outlawry against him , and other his complices began to draw to an issue . then his majesty receiv'd from him the first letter : in which his majesty fancy'd he saw a greater spirit of ingenuity than afterwards proved . however finding in it so clear and full expressions of the said dukes remorse for his former disloyalty to his majesty and ingratitude to the duke of york , and so frank professions of his resolutions to amend for the future , joyn'd with the greatest imprecations on himself ; if he should wilfully violate his promises therein made : his majesty did thereupon immediately return this answer written with his own hand , ( that his majesty might not be wanting on his part to lay hold on any good and probable opportunity of reducing him to reason , and saving him from utter ruine : ) if the duke of monmouth desires to make himself capable of my mercy , he must render himself to the secretary , and resolve to tell me all he knows , resigning himself entirely to my pleasure . this determinate declaration of his majesties will , drew from the duke of monmouth a second letter ; wherein with vehement and pathetick words he aggravates his distraction and torment for having offended his majesty . confesses himself in fault , betray'd into fatal mistakes , misled into mischiefs , whereof he did not at first in the least suspect the consequences : declares , that his crime appear'd to him in so terrifying a shape , that he preferr'd even death before his present sense of it : implores his majesties pardon no otherwise , but if he may receive it by his royal highnesses mediation : professes to speak this not only in outward form , but with the greatest sincerity in the world : resigns himself to his majesties disposal , not only now , but for the remainder of his life : engages absolutely to put his very will into his majesties hands for the future , which he acknowledges had been so ill a guide to him in times past : concluding , that till he could receive some comfortable return to this his unfeigned submission , he was the most miserable , disconsolate creature living . upon the receipt of this second letter , the king being perswaded there could be no room left to question the sincerity of a real change in the duke of monmouth , and knowing he had now enough in his hands to overwhelm him with confusion , if it should prove otherwise , his majesty did thereupon without any more reserve , immediately admit him into his presence , being introduced by mr. secretary jenkins . when the secretary was withdrawn , there being none else present but his royal highness , his majesty can have no other testimony besides of what past between them but god , who knows all things ; and to the same god his majesty appeals , as well as to his dearest brother : nothing doubting but if the duke of monmouth shall ever return to any sense of his duty to god and his king , he himself will be a third witness of the truth of what his majesty now declares ; that the duke of monmouth , with signs of the most humble contrition and sincere sorrow for his past miscarriages , did then fully and freely acknowledge his having been conscious of the conspiracy ; and gave his majesty much greater light into many particulars of it than he could possibly else have obtain'd . 't is true , his majesty does not deny the said duke persisted to the last in renouncing any the least knowledge or thought of the assassinating part . nor did his majesty much press him on that side ; his royal indulgence easily inclining him to wish and to believe , that one who had the honour to be taken so near to him , could not be guilty of so vile a parricide . but of the other part , the trayterous design to seize on his majesties person , and subvert the present government by an insurrection ; of that his majesty must own and profess on the word of a king , the duke of monmouth made no scruple to confess his share ; and so largely to set it forth , that there was little of the conspiracy before known , which the said duke did not confirm ; and many passages of it were before unknown , which he reveal'd . after this his majesty made no delay to give him many certain proofs of his entire forgiveness of all past offences , and of his renew'd affections and royal bounty to him for the future ; presently cherishing him near his own person with his wonted tenderness ; declaring in council the perfect contentment he had receiv'd by his submission , and ordering his pardon to be dispatch'd with all expedition ; promising him withal at his earnest intreaty , that he should not be a witness ; a favour refused to the late duke of orleans in france upon the like occasion . yet no sooner was the pardon compleated in due form of law , but his majesty and the whole court was afresh alarm'd with the continual resort to him of divers persons , whom his majesty knew to be engag'd , and had proof sufficient to convict them in course of law , if he would have produced it all . to this at the same time were added many arrogant and impudent speeches of his late complices and dependants , saying , that the said duke had made no confession , but had asserted the innocency of some that had suffer'd . which manifestly tended to vilifie the truth of the whole discovery , and to bring a scandal on all the proceedings of his majesties justice . wherefore at last his majesty was awaken'd , and thought fit to put him gently in mind by what was so lately past , of his danger of relapsing into the same precipice , out of which nothing but his royal goodness had recover'd him . and for the better security of the said duke himself , as well as of the kingdom for the time to come , his majesty instantly demanded of him to give some such satisfaction to the whole nation in publick , as he had but just before given to his majesty and his royal highness in private . the duke of monmouth seeming willing to comply with his majesties most gracious desires , all that his majesty obliged him to do , was to write over , and subscribe a letter , which his majesty himself was pleas'd so to word , as not only to consult the duke of monmouth's safety , but also his credit , as much as could possibly stand with his majesties own safety or credit . for his majesty permitted him in that letter wholly to acquit himself of the bloody assassination , and only required him to own again his part in the insurrection . and his majesty leaves it to all the world to judge , whether in this letter , of his majesties own prescribing , he did not express the duke of monmouth's guilt far more tenderly , than the said duke himself had done in his own letters to his majesty , before his pardon was sealed . this letter the duke of monmouth readily subscribed , and presented to his majesty . but his former ill adherents and corrupters still flocking about him in great numbers , and animating him to continue faithful to his old friends of the party ; assuring him , he could not fail in little time to overbear all that should stand in his way , by the power of his recover'd and increas'd favour ; by these and such like mischievous instigations , they soon got so much the better of his unstable mind , as to overthrow all his new-made vows of loyalty . insomuch that presently after he came rashly to the king , and earnestly intreated the foresaid letter might be return'd him again ; having been instructed to pretend a fear , that some opportunity might be taken from it by his enemies to blast his reputation , and perhaps to bring him in to give evidence against others his companions in the conspiracy . his majesty had often before said and promised enough to him to free the mind of any reasonable man from such jealousies . but when all protestations of that kind , on his majesties part , could have no effect ; and the said duke still vehemently insisted , that the paper he had sign'd might be delivered him back , his majesty once for all told him , he would never keep it against his will , that he might not have the least occasion to say he was forced to write what he did : but withal seriously warn'd him to consider what irreparable ill consequences on his part , were likely to follow upon his obstinacy : and therefore gave him time till the next morning to deliberate calmly with himself , what was to be his final resolution . the next day the duke of monmouth appearing still more fixt in his perverse demand , his majesty freely put the letter again into his hands ; but withal from that moment banish'd him his presence and the court. nor can his majesty reflect on the said duke's undutiful behaviour in the issue of this whole affair , without an extream indignation , to find , that after so submissive and ample a confession of his crime , both by vvriting and speech , he should not only give no other sign of his repentance , but that the very first use he should make of his majesties gracious pardon for it , was to take by it the advantage of entring more securely on a new course of disobedience . the king has thus condescended to set forth an impartial relation of the beginning , proceeding and defeat of that whole detestable conspiracy . his majesty has so long delay'd the publication of it , chiefly in consideration of many of the criminals themselves , how ill soever they may have deserv'd of him . for the law allowing them the space of a whole year , after the outlawry , to render themselves before they were to be look'd on as men absolutely condemn'd , his majesty was willing to stay till the full time was expired ; still hoping , that some of them would come voluntarily in , and stand a legal tryal , and , if possible , prove themselves innocent . but since not one of the persons outlaw'd has all this while ventured himself on the laws of his country , his majesty has now thought it not fit any longer to suppress the evidence against them . and what is here publish'd , though it be not near the whole of the informations given in upon oath , yet will be found abundantly sufficient to convict every man of them , either of the intended insurrection or assassination ; both which his majesty knows are made out with as much clearness of testimony , and strength of indubitable records , as any humane affair is capable of . vvhat now remains ? but that his majesty should engage himself before god and the whole world , to make a right use of so great a blessing as his deliverance from these desperate treasons ; and should with the authority of a king , and with the tender affection of a true father of his country , require and admonish all his subjects of all parties and opinions , to do the like . for himself , his majesty cannot but be deeply sensible he has been now once more preserv'd by the immediate hand of god ; and therefore looks on himself as afresh obliged to manifest his gratitude to heaven , by promoting the glory of his preserver , in continuing to consult above all things the vvelfare of his church , and the peace and happiness of this great people committed to his charge . and his majesty declares he will improve this new advantage the divine favour has so marvellously put into his hands , not in acts of severity and revenge , which his nature utterly abhors ; but by imitating the divine goodness , as in a regular course of strict justice to all obdurate impenitents , so , which he much rather desires , in his usual method of mercy and kindness to as many as shall give sincere proofs of penitence , and reformation of their past crimes ; virtues which his majesty has too much reason to believe his and his fathers enemies have hitherto been very little acquainted with . as for those his majesties misguided subjects , who after all this persevere to be disaffected to his government , his majesty has reason to expect that now at length they would be convinc'd by that very providence which used to be their own principal and best-beloved argument , whenever it seem'd to be never so little on their side ; and that henceforth they would quietly submit to , and follow the same providence ; since it has so signally appear'd against them , and much more wonderfully declar'd it self for , than ever mr. sydney had reason to say , it had declar'd against his majesty . if there can possibly still remain any well meaning men in their party , led away by the specious delusions of good words abused to the worst things ; if any such have really thought their lives and fortunes , laws and consciences at any time in danger , under his majesties government ; let them but remember and consider sadly what was the issue of the very same jealousies , murmurs and tumults against his royal father of blessed memory ; whether the first and most eminent instruments of subverting , for a time , this renown'd , and antient monarchy , were not themselves beguil'd by the same methods into the meanest slavery , both spiritual and temporal : out of which , they were compell'd at last to confess , they could be no otherwise redeem'd , but by returning again into the very same constitution of things , they had so unwisely overthrown ? or if the experience of time past , so dearly bought , can prevail nothing on them , let them but seriously reflect on their present condition . in stead of harkening to what wicked and designing men , under the most deceitful colours suggest to them for sinister ends , let them guide their opinions by their own plain and sensible observation . let them but fairly and indifferently compare the present state of all nations round about them with their own : and then let them refufe , if they can , to bless god and the king , for their inexpressible advantages above all others . whilst all his majesties subjects find they may if they will securely injoy peace , plenty , liberty and the best religion ; why should any torment themselves , or disquiet others with wild imaginations and fears of future evils ? which nothing can be so ready a way to bring upon them as their own fears . henceforth therefore let no vain pretence of liberty and property once more push them on to the same desperate designs , wherein when they had formerly success ( which they cannot always promise themselves ) yet even then it turn'd within a few years to the ruine of their own pretences . let no mistaken zeal of conscience seduce them again to disobedience , since the only obligations of a true christian conscience lead all to obedience , none to rebellion . let them no longer be infatuated by the false shews and insinuations of popularity : rather let them learn once for all , who is the only true patriot , what is truly popular , what not . let them know , that whoever complies with the common peoples sudden humours , and changeable passions , against their solid interest ; whoever labours to make the whole government obnoxious to any single sect or party ; vvhoever strives to divide the country or city from the court ; vvhoever endeavours to enlarge disputable priviledges , to the hazard of known prerogatives ; in fine , whoever would pervert liberty into licentiousness , that man can never be a true patriot ; all that is false popularity : it is indeed equally as destructive to the people as to the prince . those counsels only are and ought to be esteem'd really popular , which proceed on sure and legal foundations , to confirm the monarchy where it is strong , to strengthen and support those parts of it , which by length of time may have been somewhat weaken'd and decay'd . those persons only are the true patriots , and design their countries good the best and only sure way , who make it their business to keep the king in a condition to protect his people . there is no true , commendable english popularity , but true english loyalty . thus much his majesty vouchsafes to advise all his enemies , and discontented subjects ; though even to them he has done all the good in this world to oblige them not to be so . there is one sort of these , whom the king acknowledges he once thought he should never have had just reason to rank among his enemies . those persons his majesty means , who after having well approved their loyalty to his glorious father in the last age of rebellion , have yet since been either wholly perverted , or have very much stagger'd in their due obedience and love to himself . for them his majesty declares he would fain still retain his wonted kindness . and if either private envy , or a too presumptuous value of their old merits , shall have made them entirely to forget the many vast benefits and favours that he , or his father have so liberally conferr'd on them ; or if the late groundless rumours of popery , slavery and arbitrary power shall have so far prevail'd , as to sour and corrupt them also ; yet they might remember , that their generous loyalty did once before remain untainted , and bravely stood the shock amidst the very same rumours and slanders , as popularly , but as falsly urg'd then against the government , as they have been of late . so that either then they were in the wrong , or are now ; and cannot possibly have been both times on the right side . wherefore his majesty conjures them to look back on the actions of their former lives ; and to make the honour gotten by them in their youth for their courage and fidelity to the crown , first a reproof , then an example to their old age. once for all , let them seriously observe that they are come at last to be unfortunately deluded , not only by many the very same ill principles , but also by many the very same ill parties of men , which they once esteemed it their glory and conscience to fight against . but as for all who still continue the kings faithful friends and dutiful subjects , his majesty most willingly takes this occasion to speak to them in another style . his majesty cannot but testifie to all the vvorld the delightful sense he retains of their unmoveable steddiness and renew'd fidelity to him , in these late times of extreme difficulty and distraction . he cannot suppress within his own royal breast his joy , to find the same unshaken principles and practices of loyalty to his blessed father , still surviving and flourishing in them , and inherited by himself with increase . and after the unvaluable mercy of god to him and his subjects in his most happy restoration , his majesty cannot but esteem this to have been equall'd by none but that ; that , in so dangerous a juncture of publick affairs , he has met with so many unfeign'd testimonies of love to his person and zeal for his government , from all degrees of men in the nation . and if some have swerv'd from their duty , yet his majesties indignation and resentments against them are overwhelm'd by the comfortable remembrance of the far greater and better number of those who stood by him in the severest trials . so his majesty has just reason to acknowledge , the main body of the nobility and gentry has done : so has the whole sound and honest part of the commonalty : so the great fountains of knowledge and civility , the two universities : so the wisest , and most learned in the laws : so the whole clergy , and all the genuine sons of the church of england : a church whose glory it is , to have been never tainted with the least blemish of disloyalty . his majesty cannot here forbear to let the world know , what entire satisfaction he has taken in one special testimony of his subjects affections ; whence through gods gracious providence the monarchy has gain'd a most considerable advantage , by means of this very conspiracy ; and it is , that so great a number of the cities and corporations of this kingdom , have since so freely resign'd their local immunities and charters into his majesties hands ; lest the abuse of any of them should again hereafter prove hazardous to the just prerogatives of the crown . this his majesty declares he esteems as the peculiar honour of his reign ; being such , as none of the most popular of all his late royal predecessors could have promis'd to themselves , or hoped for . wherefore his majesty thinks himfelf more than ordinarily oblig'd to continue , as he has hitherto begun , to shew the greatest moderation and benignity , in the exercise of so great a trust : resolving upon this occasion , to convince the highest pretenders to the commonweal ; that as the crown was the first original , so it is still the surest guardian of all the peoples lawful rights , and privileges . in conclusion his majesty makes this solemn declaration to all his loving subjects : that as by former and late experience , he has found , next under god , the firmness of his friends to him has saved his authority and life ; so he is resolved to secure both , by his constancy to his friends . such as was the old loyal party , and as many as have been bred up , and succeeded in their principles ; whom his majesty looks on as the great pillars , and supporters of his throne . by them therefore his majesty declares , he will always stand , and then he is sure by gods grace he can never fall . his majesty also here publickly resolves , that he himself will take care to keep his ministers and servants , from the lowest to the highest , within the lawful bounds of their duty ; but will never suffer them to be cryed down by noise , and tumults . as to his dearest and most loyal brothers safety and just rights , his majesty assures all the world , he will inviolably cherish them as his own . and as the danger in this hellish conspiracy was common to them both , so their interests and affections shall be always inseparable . nor can his majesty forbear to recommend to the imitation of all his other subjects , the profound respect , entire resignation , and obedience , which his royal highness continues to practise to his majesties person and government . his majesty expects from his subjects all just submission to his laws : and promises them a proportionable favour and incouragement . his majesty lets them all know that the rewards of the crown shall be distributed , according as men deserve of the crown , and no otherwise . and as god has given his majesty the heart , not to desire to abuse ; so he will never , as long as he lives , part with the just prerogatives and powers , with which god alone has intrusted him . finis . the execution and confession with the behaviour & speeches of capt. thomas walcot, william hone, and john rouse who according to the sentence pronounced against them at the old-bayly, on the th instant, were this th of july, drawn, hanged and quartered for traytorously conspiring to assassinate and murther the king in his return from new-market, and the establish'd government to subvert &c. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : b) the execution and confession with the behaviour & speeches of capt. thomas walcot, william hone, and john rouse who according to the sentence pronounced against them at the old-bayly, on the th instant, were this th of july, drawn, hanged and quartered for traytorously conspiring to assassinate and murther the king in his return from new-market, and the establish'd government to subvert &c. walcot, thomas, d. . hone, william, d. . rouse, john, d. . p. printed by j. grantham, london : . caption title. imprint from colophon. all three men were involved in the rye house plot. variant edition of wing e can be found on reel : b, bound with l c (the last speeches and confessions). reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, . great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion the execution and confession with the behaviour & speeches of capt. thomas walcot , william hone , and john rouse , who according to the sentence pronounced against them at the old-bayley , on the th instant , were this th of july drawn , hanged and quartered , for traytorously conspiring to assassinate and murther the king in his return from new-market , and the establish'd government to subvert , &c. entred according to order . a hellish conspiracy of divers wicked and desperate persons against the kings life and government having been sometime past discovered , upon the issuing out of his majesties proclamation , amongst other traytors and conspirators these , on whom justice has deservedly fixed her severest mark , were apprehended , viz. thomas walcot , william hone and john rouse , men wholly bent to shed innocent blood , and lay their country waste , not in the least bogling to ingage themselves solemnly to murther the king , his royal brother , and after that ; all such as should oppose their monstrous and tyranical proceedings ; but being prevented by providence , even to a miracle , all their pernicious devices vanished into air , and themselves rendred dreadful examples to posterity , and fully opened the eyes of such as would not be perswaded , but this sort of men were men of harmless principles , and that what had passed in the days of ignoramus , were but shams to amuse the people . but to particulars : the prisoners aforesaid being in sundry places apprehended , order was given for their tryals at the sessions of oyer and terminer , holden at the sessions-house in the old baley , &c. where walcot being arraigned , pleaded not guilty to his indictment , in which were specified the treasons of which he stood accused , as his designing the murther of the king , and a miserable slaughter of his subjects , to leavy war and rebellion , &c. whereupon the evidence being called , the principal of which were collonel rumsey , mr. west and mr. keeling , who having declared the manner of the conspiracy , and to what intent it was carryed on , charged the prisoner with being at divers consults , where the death of the king and the duke of york were resolved upon , and that upon their return from new-market ; at what time walcot was appointed with a commanded party to fall upon the guards , whilst rumbold the malster was to assassinate his majesty and royal highness , and others to kill the postillian , coachman and horses , and that they stiled him the english gulin , saying , he woud be such when at the head of an army . and it was further witnessed against him , that he had provided himself horse and arms , and went to take a view of rumbolds house near hodsdon , and did approve of its commodiousness for the perpetration of the villany , which was to have been done whilst an overthrown cart had stopped his majesties coach ; and that the prisoner was tempted to undertake the actual assassination , but he refused it , saying , he would not kill a naked man , but would undertake fighting the guards . these and other treasonable conspiracies being proved against him , and a letter produced which he had sent to sir leoline jenkins , therein promising to make a more perfect discovery of the hellish design , both in england and ireland , than what as he believed others were able to do , if he might thereby hope for any mercy at his majesties hands ; as likewise an other letter taken from him in prison , drawn up in order to be sent to a friend of his , to intreat collonel rumsey and mr. west to be favourable to him in their evidence , he was found guilty ; and two days after , viz. on saturday last received sentence to be drawn , hanged and quartered : at what time he only desired that his friends might be permitted to visit him during his continuance in newgate , which was allowed ; and so , as a man not seeming much concerned at what had befallen him , he was conveyed to the place from whence he came . william hone succeeding walcot in taking his tryal at the old-baily for conspiring the death of the king , leavying war , and procuring arms , with many treasonable expressions by him uttered , he at first denyed the indictment in general , and pleaded not guilty ; but better considering with himself , he desired to retract that plea , and plead guilty as to the conspiracy against the kings life , but would not confess his procuring arms ; yet upon his tryal , it was plainly proved that a horse and arms were provided , and that he was to be one in the assassination , that he had been at several traiterous consults , and malitiously spoken divers treasonable words , most of which he owned in court , seeming greatly troubled that he had consented to so great a wickedness , declaring to god and the world , that richard goodenough had seduced him , and perswaded him to enter into the hellish conspiracy , as also some others of the conspirators , by insinuating the pretended grievances of the nation , and laying before him the advantage that would accrue thereby . john rouse this time failing of an ignoramus jury , having been upon his tryal at the old-baley found guilty of divers conspiracies , and trayterous contrivances against the life of his majesty , contrived and and committed , according as it was given in evidence against him , both before and since his being a prisoner in the tower , was sentenc'd for high-treason , together with walcot and hone ; the sentence being , that they , and either of them should return to the place from whence they came , and from thence be drawn upon hurdles , or sledges , to the place of execution , and there be hanged up by the necks , then cut down alive , their bowels taken out , and privities cut off to be burnt before their faces , their heads cut off , and quarters divided , &c. upon which , rouse made a long preamble about his being innocent , as to many particulars , yet declared he was willing to submit to the law , &c. the tryals over , and sentence as is specified , they were carryed to newgate , where , for the most part , they were kept assunder , yet had divers of their friends came to visit them , and many godly ministers to give them advice for their souls health , laying before them the heinousness of the crime ; and the rather , becacause they had sinned against such goodness , and agravated the crime in conspiring against the life of a prince , under whom they did and might have lived happily ; but seeing divine justice had overtaken them , and no hopes of continuing long in this world , that they would bethink themselves , and spend the few moments that were left them to the advantage of their immortal souls , and not through neglect render themselves doubly wretched : to this and such like ghostly advice they were observed to be very attentive , especially hone , who expressed abundance of sorrow for the greatness of his offence , saying , that by reason of his former sins , and his refusing to be reclaimed , god had suffered him to fall into this great temptation , desiring , the prayers of all good men , saying that if he might live , all the business of his life would prove insufficient to expiate so great a crime . walcot and rouse appeared more retired and reserved , the former seeming for the most part willfuly , obstinate or moross ; yet in his countenance appeared a remorse and regret for what he had acted , seeming rather to confess then deny the horrid design , &c. rouse was observed for the most part to be greatly dejected , often lamenting his wretched state ; and thus continued these miscreants , whom malice , hope of gain or preferment has brought to ruin and a shameful , though deserved end , on this th . of july , on which day they were drawn upon sledges to the place of execution , where after they had expressed a sorrow for the henious conspiracy , and treasonable crimes intended against the life of the best of kings , &c. and said some short prayers , they suffered according to the sentence aforesaid . the executioner imboweling and quartering them , the quarters we are informed are by his majesties bounty restored to their relations : and thus fell those miserable men the sad example of offended justice , having brought themselves to shameful ends , by designing the blackest of crimes ; but 't is often apparent , that those who act against the lives of sacred kings , frequently fall into the snare themselves have laid , as it was observed by the inhumane monsters that trayterously , barbarously and villainously murthered his majesties father of blessed memory , and indeed in all ages wherein such wicked designs have taken birth : for god has declared , he that spils mans blood , by man shall his blood be spilt . and certainly to contrive and design it by hellish and diabolick conspiracies , is no less heinous in the sight of the just creator : therefore i hope this timely and most miraculous discovery , together with the punishment inflicted upon the traytors will prove a sufficient warning to deter others from the like inhumane undertaking . finis . london : printed by j. grantham . . it having pleased almighty god by his wonderful providence, and out of his unspeakable mercy, in a most extraordinary manner to deliver his majesty from a late horrid and damnable conspiracy of bloody men, and his majesty out of a deep sense thereof, having been pleased by his declaration dated the th of july , to appoint a day of publick thanksgiving to be observed ... by the lord deputy and council. ireland. lord deputy. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) it having pleased almighty god by his wonderful providence, and out of his unspeakable mercy, in a most extraordinary manner to deliver his majesty from a late horrid and damnable conspiracy of bloody men, and his majesty out of a deep sense thereof, having been pleased by his declaration dated the th of july , to appoint a day of publick thanksgiving to be observed ... by the lord deputy and council. ireland. lord deputy. arran, richard butler, earl of, d. . broadside. printed by benjamin took and john crook ... and are to be sold by mary crook and andrew crook ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at the council chamber in dublin, the th. day of august ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, . ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal english blazon or coat of arms by the lord deputy and council . arran . it having pleased almighty god by his wonderful providence , and out of his unspeakable mercy , in a most extraordinary manner to deliver his majesty from a late horrid and damnable conspiracy of bloody men ; and his majesty out of a deep sense thereof , having been pleased by his declaration dated the th . of july . to appoint a day of publick thanksgiving to be observed & solemnly kept throughout the kingdom of england , and principality of wales , upon the ninth of september next ; and by his letters to vs , the lord deputy , hath signified his pleasure , that the like be done in his kingdom of ireland , either upon the said ninth of september , or some other convenient day , as we should direct . now we , the lord deputy and council , in obedience to his majesties said command , and to the end a particular time may be set a-part for a publick performance of this duty , and that there may be an entire vniformity of both churches and kingdoms in their publick thanksgiving to god for so great a deliverance , do hereby publish and declare , and also strictly charge and command that the said ninth day of september next be set a part , and observed as a day of publick thanksgiving in and throughout his majesties kingdom of ireland . and we do direct and appoint that his majesties said declaration , together with this our proclamation , be publickly read in all churches and chappels , as well on sunday the second of september next , as upon the day of thanksgiving aforesaid ; and that the same form of p●ayer , with thanksgiving , prepared in england for that occasion ( which we have ordered to be printed here ) be also on the said ninth day of september made use of in the publick service and worship of god. given at the council chamber in dublin the th . day of august . mich. armach , c. lanesborough , will kildare , ca. dillon , gha . feilding , h. boyle , will , days , john keating , john d●vys , tho newcomen . god save the king . dvblin , printed by benjamin took and john crock , printers to the kings most excellent majesty , and are to be sold by mary crook and andrew crook at his majesties printing-house on ormond-hey , . copies of the information and original papers relating to the proof of the horrid conspiracy against the late king, his present majesty, and the government sprat, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) copies of the information and original papers relating to the proof of the horrid conspiracy against the late king, his present majesty, and the government sprat, thomas, - . [ ], p., p. folded. printed by thomas newcomb ..., and are to be sold by sam. lowndes ..., in the savoy [london] : . entered in wing under sprat. "as they were order'd to be published by his late majesty." reproduction of original in union theological seminary. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rye house plot, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion copies of the informations and original papers relating to the proof of the horrid conspiracy against the late king , his present majesty , and the government : as they were order'd to be published by his late majesty . in the savoy : printed by thomas newcomb , one of his majesties printers ; and are to be sold by sam. lowndes over-against exeter-change in the strand . . the information of josiah keeling , of the parish of st. butolph without aldgate , in the county of middlelsex , salter , taken the th of iune . . this informant deposeth and saith , that some time before that his majesty went last to newmarket , about a fortnight or three weeks as he remembers , mr. richard goodenough ( under-sheriff to mr. bethel and mr. cornish , late sheriffs of london ) did at the sun-tavern behind the royal-exchange , take this informant aside , and ask him how many men he this informant could procure to take away the life of the king and duke of york : he having begun his discourse with this informant by telling him that we ( meaning thereby himself , this informant , and other citizens of london ) were like to be in slavery , and to lose our charter : to which question this informant answered , to the best of his remembrance , that he could not procure any to do that work . this informant further saith , that meeting the said goodenough a second time , while his majesty was yet at newmarket , he told this informant , that the only way to prevent shedding of blood , was to take off the king and duke privately , and renewed his former request to me ( this informant ) to procure what men i could , towards the effecting of it ; and upon this occasion he met me often in london , and came down to my house . this informant further saith , that he at the solicitation of the said goodenough , and others , did speak to divers persons that mr. goodenough had told this informant there were several men that would be concerned in taking off the king and the duke , and they wanted more to make up their complement , which were to be forty in number . among the persons that this informant spoke to , there were three , viz. iames burton , of wapping white chappel , cheese-monger ; william thompson carver of the same ; and andrew barber , instrument-maker of the same : that meeting by appointment at the mytre-tavern within aldgate , with one richard rumball a malster-man , living at a place called the rye ( if this informant mistakes not the name ) within two miles of hoddesden , in the county of hertford , or thereabouts , did agree on the saturday next before his majesties return from newmarket last to go down to the rye , being the house of the aforesaid rumbal , and there to effect their design of taking off the king and the duke . the manner whereby they proposed this should be effected , that the said rumbal's house where they were to meet , being by the high-ways side , they that were to be actors in the fact , were to hide themselves under a wall or a pale ; and when his majesties coach should come over against the said wall or pale , three or four were to shoot with blunderbusses at the postilion and the horses ; and if the horses should not drop , then there were to be two men with an empty cart in the lane near the place , who in the habit of labourers should run the cart thwart the lane , and so to stop the horses ; besides those that were to shoot the postillion and horses , there were several appointed to shoot into the coach where his majesty was to be , and others to shoot at the guards that should be attending the coach. this informant further saith , that meeting with mr. robert west , of the middle-temple , barrister , they went to the dolphin-tavern in bartholomew-lane , behind the ●●yal exchange , where they met the said rumball , and one hone of southwark , ( as this informant believes he was either a carpenter or a joyner ) and they discoursing together , when his majesty would come home from newmarket , mr. rumball said , he heard that he would come that night : mr. west said he had heard that his majesty would not come till munday ; and , said he , i hope he will not come till saturday , that is the saturday come sennight . to which rumball replyed , i hope so too . if he do not , said mr. west to rumball , why then how many swan-quills ? how many goose-quills ? and how many pair of crow-quills , will or must you have ? whereto rumball answered , six swan-quills , twenty goose-quills , twenty or thirty ( the informant doth not exactly remember which ) pair of crow-quills , with ink and sand proportionable . this informant asking , either the said west , or else the said rumball , what was meant by those several sorts of quills ; was answered , that by the first were meant , blunderbusses ; by the second muskets ; by the third , cases of pistols ; by the ink and sand , powder and bullet . this informant seeing rumball the same week that his majesty returned home , told him he had seen the king passing by his house , and that if he had but five men with him , he could have done his business , and the dukes , for that there were but five life-guard-men with them . this informant further saith , that the said geodenough about a fortnight ago , came to this informants house , and going from thence to the coffee-house , he told him , after he had pulled out some papers , that he this informant must take one of the said papers ; who asking the said goodenough , what he must do with it ? he the said goodenough answered , that he must take to his assistance nine or ten men , such as he could trust , to the end they might consult all the house-keepers , journey-men and apprentices , to see what number of men might be raised upon occasion , either to justifie the act , if the king and duke should be taken off , or if not , what strength could be made up in case of an insurrection or a rebellion : and he being told by this informant , that we were well , indeed better than any other nation , ( that is ) much happier if we could be quiet , otherwise we should involve the nation in bloud and confusion ; he replyed , that he was clearly for taking off the king and the duke , and then there should be quickly an end to it . and this informant further saith , that the two papers now produced by him , were delivered to him by the said goodenough , and that the paper beginning with these words , viz. . from white-chappel southeast , and ending round goodmans fields , was written with goodenoughs own hand , as this informant believes . and this informant saith , that he had received a third paper from the said goodenough , which he gave into the hands of one ioseph helby a carver of limehouse , who put it into his pocket , but said he would not meddle in it . this informant further saith , that the said goodenough told him he had divided the city and subburbs into twenty parts , and shewed this informant the names of the divisions in writing , having , as he said , taken it out of the map. in the company of the said goodenough and this informant was one william rumball , the brother of the said richard rumball , to whom a paper was offered , but he would not meddle . in each division there was to be one principal man , to take to his assistance eight or nine more as he thought convenient ; but he named none of them to this informant . this informant further saith , that on thursday last he going into the salutation-tavern in lumbard-street , was told there were above-stairs some acquaintance of his ; he going up , found the said goodenough there , together with one wade , nelthrop , and the aforesaid west , all barristers at law ; they called this deponent in jest by the name of gulick ; and he asking them what they meant by it , they told him , gulick was a brave fellow and headed the people at cologne , and they hoped to see this informant do the same at wapping ; and they asked how their friends did in wapping and what strength they could make there : the informant answered , they would do well enough there , and concluded they were privy to the design . in this company was one they called captain walcot , who went over with the earl of shaftsbury , and came back with his corpse ; as also one they called colonel , whose name this informant does not know . this informant further saith , that the said richard rumball in the conversation above-mentioned with the said burton , thompson , and barber and this deponent , affirmed , that to take off the king and the duke would be a keeping of one of the ten commandments , since it would prevent a rebellion , whereby abundance of bloud must be shed . this informant further saith , that he asking west and goodenough on the thursday above-mentioned , what care was taken for arms , he was answered , that he need not take care of that , for there was provision already made ; and that the said west recommended secrecy above all things to this deponent , otherwise the present design miscarrying , they should never be able to retrieve it . west further told this deponent on easter-eve , that since the design to be executed upon the king 's return from newmarket had failed , they intended to take the king and duke off between windsor and hampton-court . iosiah keeling . die junii . iosiah keeling , iuratus fuit coram me , l. jenkins . the ioynt information of josiah keeling , of the parish of st. ●utolph without aldgate , in the county of middlesex , salter , and of john keeling of the parish of st. anne black-fryers , citizen and turner , taken the th of june , . these informants being in company with richard goodenough , this th day of iune , between the hours of twelve and one , at the dolphin-tavern behind the exchange ; and the said iosiah keeling asking him what account he had of those twenty divisions that he had made of the city , or to that effect ; he answered , that he had an account of lee a dyer in old-street , middlesex , and that he could raise him men : and the said goodenough being asked by the said informants where those men should have arms and ammunition , and also where other men that were designed to be raised should have the like : it was replyed by the said goodenough , that there were twenty thousand pounds already promised , which should be had upon demand , and that the said money was to be distributed to the twenty principal undertakers , proportionably to the lists of men they brought in ; or the said goodenough replied to that effect : the said goodenough further adding , that the duke of monmouth and all his friends would be concerned in raising the said money ; and that the said duke would be at the head of the said party , which they propounded to be four thousand in number , and that many more would quickly fall in . and the said goodenough further said , that a certain colonel ( whom the informant takes to be colonel romsey ) would advance eight hundred or a thousand pounds towards paying for arms. and the said goodenough further said , that wade the counsellor of bristol or thereabouts , kept in town two or three hundred pounds , towards paying for arms. and the said goodenough being asked what he would contribute towards the carrying on of the said design , ( he being a rich man ) he answered that he had about threescore pounds in plate and fifty or threescore pounds in gold , and had he more it should all go to the same use : and the said iosiah asking him what provision of horse there was , the said goodenough answered that there were a hundred ready , and men to mount them , and if occasion be , there should be more in readiness ; and the said informants further say , that the said iosiah , being asked by the said goodenough , what progress he had made upon those papers he had entrusted with him , and iosiah shewing him the paper of number three ( which goodenough owned to have been delivered by him to the said iosiah , with two papers more ) and telling him all was well enough with us , but asking him withal , what we should do for arms and ammunition , he the said goodenough answered , that if there was faith in men , money should not be wanting to buy arms and ammunition ; and that he was to meet this night them that were principally concerned . and these informants say , that the said iosiah ( being desirous to pry into the secrets of their design against the tower ) propounded to the said goodenough , that a person with the staff of a constable should bring in a man bound as an offender before the lieutenant , or major roe ; and that at the same time , another person should be brought in upon the same coulour , and by that means secure the guard at the gate , till such time that a body of men which was to be lodged in the corner-house of thames-street or the next to it , should come to their help ; for which proposal the said goodenough applauded the said iosiah very much , clapping him upon the back . and the informant iosiah asking what to satisfie our people we should do for a few arms , he answered , that the said iosiah should have money to buy them . iosiah then askt him what gun-smith he would recommend him to , adding whether he had not best deal with mr. west's ( meaning mr● west the lawyer 's gun-smith ) ? whereto the said goodenough answered , that gun-smith was a very honest fellow , and that he need not distrust him : the said iosiah further askt him , saying , you must have some arms ; are those disposed that were to be sent to rye ? whereto goodenough answered , they were not . then the said iosiah askt him if they were at west's house , or at the gun-smiths ; whereto goodenough answered , they were at the gun-smiths ; who lived in sheer-lane , on the left hand , as one goes from fleet-street : and the said iosiah asking the said goodenough whether they went on with their design of killing the king and the duke between windsor and hampton-court ; he the said goodenough replyed no , because they did not usually go together , but they would do it at the bull-feast in lyon fields . and these informants further say not. iosiah keeling . iohn keeling . die junii . iurati pradicti iohan. & iosiah coram me , l. jenkins . the ioint information of josiah keeling of the parish of st. butolph without aldgate , in the county of middlesex , salter , and of john keeling of the parish of st. anne black-fryers , citizen and turner , june the th , . the informants say , that being in the company of richard goodenough at the sun-tavern behind the royal exchange , between the hours of one and three of the clock on the fifteenth day of this instant iune , . they asked the said goodenough what persons of quality would be concerned : he the said goodenough replyed , that he had discoursed william lord russel , son to the earl of bedford ; and that the said lord russel told the aforesaid goodenough , that he would be concerned in it to his utmost , and that he would use all his interest to accomplish the aforesaid design of killing the king and the duke of york : and these informants further say , that asking the said goodenough , what collonel that was that yesterday he the said goodenough told the informants , iosiah and iohn , would advance eight hundred or a thousand pound towards carrying on the design of killing the king and duke , he the said goodenough replyed , it was collonel romzey ; and the informant iosiah asked the said goodenough whether it was that romsey that married the lady smith , and had commanded forces in portugal for his majesty , ( i. e. ) the king of england , he replyed it was . witness our hands this th day of june , . josiah keeling john keeling . the information of josiah keeling , given upon oath at hampton-court , the d of june , . and this informant further saith , that several gentlemen , viz. mr. roope , mr. fitton gerrald , and mr. allen , and one other , whose name this informant hath forgot , who as they said came to visit their honest wapping men , that this informant would recommend to them for such , and also to dine with them at some tavern , which was the fortune at wapping , where was mr. samuel gibbs , mr. edmund hunt , mr. robert ferguson , with several other persons that this informant doth not remember , where the aforesaid gentlemen began to drink healths , some of which were as followeth : to the man that first draws his sword in defence of the protestant religion , against poperty and slavery : another was to the confusion of the two brothers , slavery and popery ; and being askt what they meant ( as this informant verily believeth ) it was replyed , the two brothers at whitehal : the next was to the pinning of mackinny's head on the monument for burning the city in . and this informant asking what was meant , they said it was the duke of york . and this informant dining at the horse-shoe tavern on tower-hill , with edward norton esquire , mr. starkey , mr. ogle , mr. goodenough , and others forgot by this informant , they drank the fore-said healths , and did explain them as the afore-said company did . and this informant further saith , that fran. goodenough sent a letter to this informant by one cherry , to acquaint the said informant , that the said goodenough would with some other gentlemen dine at the end of the town where this informant dwelleth , and that this informant would speak to such men as he could trust , to meet the afore-said persons at the siracusa house ; there came with the afore-said goodenough one iohn row late sword-bearer at bristol , with a dorsetshire gentleman whose name this informant hath forgot ; also at the same meeting was mr. edmund hunt , andrew barber , william tomson , iames burton , as this informant verily believes , with several others forgot ; where it was agreed we should discourse so that it might not be understood if we were over-heard . then the question was if the foot-ball was laid down , how many we might reasonably expect would come in at first laying of it down from our end of the town to play at it ? to which it was replyed , it was uncertain , but as many as were there would be concerned ; to which it was answered by row and goodenough , if we would not in a little time kick the ball effectually we should be made slaves ; for saith row the lord mayor hath imposed sheriffs upon you , and the king will take away your charter , and then you 'l be in a fine condit●on , and goodenough spake to the same purpose ; upon which hunt replyed , that he could do as much good as any body , for that foot-ball players often got broken shins , and he the said hunt could cure them . and this informant further saith , that this discourse was grounded upon this foundation , what men can be raised against the church-warden at whitehal , which was understood the king. and this informant further saith , that richard goodenough , and richard rumbal told this informant , that there was a remonstrance or declaration ready drawn up , which would be ●inted against the day that this designed commotion was to be , wherein they would ease the people of chimney money , which seemed to be most grievous , especially to the common people , and that they would lay the kings death upon the papists as a continued design of the former plot. josiah keeling . copy of a note given in by iosiah keeling d . of iune , and by him received from goodenough . from the tower eastward on the south-side of rosemary-lane to maiden-head-lane , the west-side of maiden-head-lane , the north-side of upper shadwel , westward to new gravel-lane , the west-side of new gravel-lane to the thames , and by the thames to the tower. the streets and allies of note within the bounds . st. katherine's . east-smithfield . ratclift-high-way . victualling-office . butcher-row . redcross-street . armitage . nightingale-lane . artichoack-lane . red-mead-lane . wapping . gun-alley . cross-alley . well-alley . warners yard . salters-alley . green bank. gun●alley . pump●alley . love-lane . back-alley . meeting-horse-alley . old-gravel●lane . brewer's-lane . tobacco-pipe-alley . cinamon-street . crown-street . queen-street . king edwards street . king-street . carman-rents . crown yard . harrow-alley . seven star-alley . garter yard . wests garden . blew-gate field . fleece yard . chamberlain's-alley . frankland-street . match walk . with all other places within the outbounds not named . the information of thomas shepard , taken by the right honourable the earl of sunderland , &c. june the th . . some time before my lord shaftsbury went for holland , the duke of monmouth , lord gray , lord russel , sir thomas armstrong , colonel romsey , and mr. ferguson met at my house in abchurch-lane , where the subject of their discourse was how to seize your majesties guards , and in order thereunto , as i afterwards at their next meeting was informed , the duke , lord gray , and sir thomas armstrong , walked about that end of the town one night , and gave an account that they found them very remiss in their places , not like souldiers , and that the thing , provided they could have a sufficient strength , was feasibly enough ; but finding that failed , the project was wholly laid aside , so far as i know : after that mr. ferguson told me of a project was on foot for destroying your majesty and his royal highness coming from newmarket . colonel romsey , mr. west , and as i remember mr. wade came to my counting-house one evening , and began to discourse of it ; upon which i told them , that supposing they should effect what they talked of , it could not be expected that if the duke of monmouth should be crowned , but in honour and for his own vindication , he must search out the assassins , and both try and execute them : so that instead of expecting a reward , they must lose their lives ; upon which they ceased their discourse , and went away soon after . some time after this , mr. ferguson told me of a general insurrection intended both in england and scotland , and in order to it , that sir iohn cochran , mr. bayly , mr. monro , sir hugh and sir george cambell , were come up to treat with some of our english men about it ; and that the lord of argile had made a proposition , that if they would raise him thirty thousand pounds he would begin it in scotland , but finding no hopes of raising that sum , the scotch were willing to accept of ten thousand pounds : and by means of a letter , which came as i was informed ( for there was no name subscribed ) from one mr. stewart , to some unknown man , which i have forgot ; concluding then that it was intended to mr. bayly , or some other of those gentlemen , having had some small acquaintance with mr. stewart , formerly by means of his brother , who was then a merchant in burdeaux , and one of my correspondents , i came acquainted with mr. bayly , who told me from time to time what steps they made in 't , how he conversed with the duke , lord russel , major w. and as i remember , colonel sidney ; and that he had divers promises of the money , and desired it might be paid into my hands ; at length he told me that five thousand pounds they had agreed to raise amongst themselves , and that they expected the other half should be raised in the city ; but finding no monies could be got in the city , that project fell likewise , and as mr. bayly told me , all his country-men were going beyond sea. a few days after came out the discovery , and i never saw any of them since . mr. ferguson told me that my lord essex was hearty in this business , and that iohn trenchard was a man to be depended upon in the west : they had likewise good hopes of sir william courtney , and that my lord shaftsbury had sent captain walcot down to him , who returned with a very cool answer that he found them not what he expected , but believed if it came to a rising , they would prove right enough , i had almost forgot to acquaint your majesty that both mr. ferguson and mr. bayly told me ; that mr. charleton had once promised to see the ten thousand pound paid . thomas shepard . iurat coram me june . . sunderland . the information of joseph how of the parish of st. giles's without cripple-gate , in the county aforesaid distiller , taken upon oath before sir reginald forester baronet , this th day of june . against thomas lea of old-street in the parish aforesaid , in the county aforesaid dyer , for speaking of dangerous and seditious words . this informant deposeth and sayeth , that the said thomas lea , being at his house in white-cross-street , on thursday last , between two and three of the clock in the afternoon , being the th of this instant iune : the said thomas lea , was discoursing with him , this informant , about the loss of the city charter , and other things ; upon which the said thomas lea fell into a passion , and told this informant that he was one of the number of ten thousand men , which were designed to be ready at an hours warning , and in order thereunto , there was twenty thousand pounds in bank to carry on the undertaking ; and many more did every day subscribe mony or engage their personal assistance : and the first enterprize they venture upon , is to go very near windsor , and for to seize the black-bird and the gold-finch ; and that three hundred men were designed for that enterprize : and afterwards to seize the militia , whitehal , and the tower : but this informant answered that he judged it impossible , the tower being now so very strong ; but the said thomas lea told him that he had been round the tower in company with a captain of a ship , and had found out a place where a breach might be made , which is to be done by placing some ships on the thames side , with mortar pieces therein to dismount the guns ; and also to bring the major part of those seamen which were in arrears of pay to perform the work , they being angry and in want , therefore the fitter for that purpose : and that for the better carrying of the design , several meetings are held ( as this day for one ) at the kings-head tavern in athist-ally near the royal exchange , at two of the clock in the afternoon : further informeth not . ioseph how. regin . forester . june , . the examination of colonel john romsey . this examinant saith , that in october or november last , there was an insurrection intended by the earl of shaftsbury , and that the said earl of shaftsbury told this examinant , that bristol was to be his post , and the examinant being asked what persons of quality or capacity to command as officers , were named as intended to take part in this insurrection ; he answered , that he heard my lord russel named and complained of , and mr. iohn trenchard named by the earl of shaftsbury ; and this examinant further saith , that row the sword-bearer of bristol told him , that mr. west had acquainted him the said row , that there was an intention to assassinate the king at his coming from newmarket in october last : the examinant doth not remember whether the duke was there or no , but that if he were he was likewise to have been killed ( as the said row told this examinant ) and this examinant further saith , that about the latter end of november , or the beginning of december last , this examinant having matters of law depending , became acquainted with mr. robert west , and employed him as his refereé therein ; that the said west acquainted this examinant with the design to murther the king at his coming from newmarket in october last ; and told this examinant , that though it miscarried at that time , it was not to be given over so , and therefore desired that he this examinant , mr. richard goodenough , and some others which he cannot charge his memory withal , should meet at his the said west's chamber , where this examinant and they did meet within three or four days after , to the best of this examinants remembrance , and there discoursed about the same design , and let it fall at that time ; and this examinant further saith , that about the month of february last , the above-said persons met with this examinant at the said mr. west's chamber , to consider how the design should be brought to effect at the kings return from newmarket ; and mr. west , and mr. richard goodenough undertook to find out men for that purpose . and this examinant further saith , that about this time the said west and goodenough did desire that this examinant would be acquainted with richard rumball of the rye near hogsden in hertfordshire , who was the man that would undertake to command the party that should take off the king and the duke : and that at their desire this examinant did consent to a meeting with the said rumball . when richard goodenough brought this examinant to meet mr. rumball at the angel tavern near the old exchange , the said rumball acquainted this examinant how the ground lay , and would have had him gone down to see it , but this examinant refused it . and this examinant further saith , that after that they had several meetings , to try if they could make up the number of forty or fifty men for that purpose , under which number the said rumball would not undertake it . and this examinant further saith , that at their next meeting two or three days before or after the kings coming from new-market in march last , they did resolve that arms should be bought against the next journey to new market in autumn or any other opportunity , as at the play-house or coming from windsor to hampton-court , or otherwise : and that mr. west did undertake to provide so many cases of pistols , so many carbines , and so many blunderbusses , and this examinant thinks ten musquets : and that it was resolved , that there should be arms provided for fifty men at least . and this examinant further saith , that the men were to be divided , some to shoot the postillion and horses , some to fire upon the king and duke into the coach and the remainder to charge the guards . and that there was also a cart to be laid in the way , by which means the coach should be hindred from going on . that the said rumbal said at their next meeting , after the kings passing by his house , that there were but four of the guards attending the coach , and that if he had had but a small number of men with him , he could have taken off the king and the duke with ease : and this examinant further saith , that at this last meeting captain walcot was there present . and this examinant further saith , that he did not meet again in five or six weeks after with the said company though often press't by mr. west that it was not fit to give it over . and this examinant further saith , that this examinant , the said goodenough , west , walcot , norton , wade and holloway , did meet at mr. wests chamber about three weeks or a month since ; and did then resolve to try what men could be raised in london and the liberties ; and that they might be more certain , london was divided into twenty parts ; and mr. holloway , mr. wade and mr. west , undertook to make the division ; and mr. west and goodenough did undertake to find a man for every division that should bring in the certain number that they could raise respectively . and this examinant further saith , that in the first fortnight or thereabouts they did very little ; but the next meeting after mr. goodenough brought in an account of seven divisions , which amounted to three thousand nine hundred men or thereabouts ; and that he the said goodenough did believe that the remaining divisions would afford as many men more : and it was further resolved at that time , that the design in hand should be kept secret until such time as the return of the whole divisions should be brought in . and this examinant being further asked , whether he did hear any commanders or commission-officers named to command these forces , he saith he heard of no particular names , but in general that there were a hundred old officers about the town ; that after that they certainly knew how many men all the divisions would amount to they then resolved this examinant should carry the proposal of commanding these , forces to the duke of monmouth ; but the listings not being finished , he never said any thing of it to his grace . and this examinant further saith , that the pretence to make this levy of men was to assert religion and liberties . and this examinant further saith , that there was a declaration designed to be published when these forces should be up ; but that to the best of his memory he never saw it nor heard it read , but he believes some part of it was discoursed of in this examinants presence ; as that touching liberty of conscience , and something relating to the law and the judges . and this examinant further saith , that to the best of his memory on tuesday last was sennight , this examinant , captain walcot , west , nelthrop , goodenough and wade , me at the salutation tavern in lombard-street , to know what progress goodenough had made in the other thirteen divisions , who told this examinant and the rest , that he had done nothing since the last meeting ; but that he was to meet with some persons that afternoon , who were to give him a further account : and this examinant further saith that after they had dined , one that was a stranger to this examinant came into the room to speak with mr. goodenough , and that mr. west asked him , if he had seen the gazette of that day , in which was a relation of a commotion in cologne by one gulick , and told him he should be our gulick , for that in dutch gu — was keil and ick was ing , telling this in a jesting manner . and this examinant further saith that on saturday last was sennight , he this examinant , mr. west , and mr. norton , met at the george tavern upon ludgate-hill , and then this examinant was told that a discovery was made of what they had been doing ; and at present this examinant further saith not . i. romzey . die junii . capt. & recognit . coram , albemarle . l. jenkins . further informations of colonel romzey . further this examinant saith , that mr. ferguson and the rest did in several meetings since the beginning of february press for the having the men got ready that were to kill the king and dake , and it was told him by mr. goodenough and richard rumbal and west , that a great many were poor and could not furnish themselves with horses or arms ; this was presently after his coming out of holland : mr. ferguson replyed , he would provide the money ; and in two meetings afterwards he told them he had six hundred pounds ready in gold , that they might depend on him , when they had got the forty or fifty men , under which number richard rumbal would not undertake it ; and then rumbal and the rest asked ferguson at the first meeting w● had , if he thought the duke of monmouth would not revenge the kings death , and hang those that had been the actors ; mr. ferguson very freely undertook to have it under the dukes hand against the next meeting , but when we met , he told them there was no saying any such thing to the duke ; but he said that we must all be ruined if it were not done : then they asked if the duke would appear when it was done ; to which he made answer , that a person would be there , but he must be excused for naming any names , and desired not to be pressed : i told them always they were not to trust to what mr. ferguson said , for he was so willing to have the most barbarous murther done , that he would say any thing to encourage them to do it ; such discourse as this hapned several times at our meetings , some saying , when our swords were in our hands , if he would not protect them , that then he should be cut off too : such hellish discourses as these we entertained our selves with , until the news of the firing of new-market came to town : and then mr. ferguson sent for most of us , and was earnest that goodenough and rumbald should get what men they could , and that he could help them with six , and that rumbald should attempt it with as many as could be got , but it was given over for that time , because neither arms nor horses were ready ; then he promised that he would immediately get the six hundred pounds into his own hands to provide all things in a readiness against the first opportunity , whether at the play-house , between hampton-court , or going to winchester ; and said that some persons were already out to see a fit place to do it in , and if it could not be done before that , then all things should be ready against the king and dukes going down to new-market , as horses bought and kept in a readiness , and arms which mr. west undertook to do , he being acquainted with a gun-smith , and upon mr. ferguson's promise that he would procure the money , mr. west bespoke the arms , and they were ready in a very little time : but when mr. west came and told mr. ferguson that the arms were ready ( for six weeks now i did not see ferguson , but mr. west acquainted me with all passed as follows , ) he told the said west that his friend had not brought him the money as he promised ; also mr. west was forced to pay for the arms out of his own money , which was not repaied him as he told this examinant not above twenty days since or thereabouts : the said west told this examinant that mr. ferguson told him he might send for his money when he would , by a note to major w. but he must tell him the name that he would make the note payable to , that he might tell the same to major w. the name i have forgot . in some very few days after , as he the said west told this examinant , the said ferguson told him , that he must not send any body or note to receive the said hundred pounds , but richard rumbald , because the said w. would not trust any body else ; west sent the said rumbald very early one morning , but the said major w. was gone out of town before he came to the house , which he went and acquainted the said ferguson with : in a few days after the said ferguson paid the said west a hundred pounds in gold , and as the said west then told this examinant , that the said ferguson told him , he did receive the said hundred pounds of mr. charlton ; and about fourteen days since the said west and this examinant going to mr. ferguson , he told us that there was three thousand pounds raised for to buy horses , and to maintain them and the men in a readiness , that if any opportunity offered all might be ready ; but did not tell us from whom he was to have this money , neither did either of us ask him any question about it . further this examinant saith , that to the best of his remembrance , in ianuary last , mr. nelthrop told this examinant , that meeting colonel sidney , he told him that now something would be done , for that it was resolved to send some persons into scotland to some gentlemen there to come to town , that they might know what the scots would do , but they knew not of a man fit to send ; and the said nelthrop told this examinant that he recommended one mr. aaron smith as a fit man. and further this examinant saith , that the said nelthrop told this examinant that the colonel and others had sent him ( aaron smith ) with a letter to sir iohn cochran to advise him and his friends to come to london about their carolina affairs , and that a good gelding was bought for him , or money given to him to buy one ; as also money was given him by colonel owen to pay his expences on the road and also that some money was given to his wife for her maintenance , she being in poverty . upon this letter sir iohn cochran came to london , and some other scotch gentlemen , whose names this examinant does not know , but as the said nelthrop and mr. ferguson did acquaint this examinant , they were to treat with some of this nation what was to be done for the delivery of the nations : the said ferguson told this examinant , that the scotch gentlemen did acquaint those they treated with ( not naming any of their names ) that their people were in very great poverty , but very willing to set themselves at liberty , but they had no arms nor ammunition nor money to buy any and without they could let them have money to furnish arms and ammunition , they could do nothing . during this last transaction of the scots for money , i did not see mr. ferguson , but mr. west who went constantly to him did tell me their discourse ; as that sometimes the scotch gentlemen were departing discontented , and then again in three or four days that they were like to agree and that money should be provided for them : often he told me of such changes as these in that transaction and that mr. ferguson did assure the said west , that the money would be all paid in one week ; i answered the said west , who would have had me gone to ferguson , that i would not see him until i was certain it was paid , for the said ferguson undertook much and did nothing but promise what he could not do . there was a debate what declaration should be presently after the murther of the king and duke and amongst other things a free parliament was one head , liberty of conscience was another : that those that had their lands taken from them at the kings restauration should have them returned . a reformation of the expensive part of the law. mr. ferguson undertook that one should be ready . mr. west did further acquaint this examinant , that my lord howard had been at his chamber to pump him the said west what we were doing , and that his lordship did desire to have a meeting with the said west and this examinant , which neither the said west nor this examinant were willing to ; and the said west did further acquaint this examinant that my lord howard did propose a council of ten to meet ; but we not consenting to meet , the said west did civilly put off the proposition , as he the said west did inform this examinant . and further this examinant saith , that discoursing with mr. west and mr. goodenough , and others about the scotch affair , they did tell me , that the last spring there was a treaty with the earl of argile , and that then without money the scots declared they could not begin , but that the earl of shaftsbury broke that designe , not consenting to pay the money : this examinant never heard any thing of this design , until the said west , norton and goodenough did tell him thereof . and this examinant further saith , that mr. nelthrop and mr. wade did always oppose the murthering of the king and the duke , and so did captain walcot , but at last the said walcot consented . and this examinant further saith , that mr. bourn , and mr. goodenough's brother were at some of the last meetings about the raising of the men : this examinant saith , that to the best of his memory he hath here set down every thing that was said or transacted in the debates when he was there , but he was absent from some . i. romzey . colonel romzey's further information . this examinant further saith , that being sent by the earl of shaftsbury about the beginning of november last to mr. shepard's a merchant near lombard-street , where was the duke of monmouth , lord russel , lord grey , sir thomas armstrong and mr. ferguson ; this examinant told them my lord shaftsbury had sent him to tell them it was high time to come to some resolution about the rising ; they made him this answer by mr. ferguson ( and afterwards my lord grey said words to the same effect ) that mr. iohn trenchard had promised and assured them at his first coming to town that term , that he could in four hours time have a thousand foot and two or three hundred horse , but now they had sent to him to know the certainty , he had returned to them this following answer ; that men would not be got from home on two or three days warning , but that when such a thing as a rising should be , he must know it sooner , that he might acquaint men to make provision of settlements for their families ; so they could not go on at this time any further . and for this reason , and that they heard sir william courtney would not stir , my lord must be contented . this message i returned to my lord : on this my lord resolved to leave england . this examinant further saith , that there was a project of government drawn up by mr. west and mr. wade , which they delivered to this examinant , and he gave it to mr. ferguson , who told them that he heard colonel sidney had drawn one , that he would compare them together and reduce them into one intire one . and this examinant further saith , that mr. nelthrop told him that my lord of essex , my lord russel , colonel sidney , and young mr. hamden were the persons that did treat with the scotch gentlemen , and so did mr. west , and i think mr. ferguson . mr. nelthrop and mr. west , during the time i did not see mr. ferguson , told me that now they were resolved to raise ten thousand pounds for the scots , and that next week it should all be paid in ; that was about a month since . but they had been with mr. shepard the merchant , and he told them there was none paid . this money was to buy arms in holland . mr. ferguson told this examinant the rising must be in scotland before harvest , or else their people would not be got together ; and that in four days after the scots were up we should have the first intelligence and that then we must rise in this town and in taunton . my lord howard was at first one with my lord essex and the rest , but he told captain walcot and mr. west what passed amongst them , for which reason he was l●f● out of the meetings . further this examinant saith , that mr. wade and holloway told him how they had fixed the matter for bristol ; that they were sure of three hundred men , and that they would post them in all the cross streets , so that none of the other party should get together in a body or out of their houses . by this means they should be masters of the town without spilling one drop of blood. and this examinant further saith that goodenough told wade , west and this examinant , that about twenty five hundred arms would be wanting for the men that would rise here ; for without they were armed that were on the first to rise here , we should be beat ; therefore west and this examinant did acquaint mr. ferguson from the rest that did meet , of the necessity of having so many arms. he replied , money should not be wanting ; but how so many arms could be bought without a discovery ? mr. west did undertake that if money were given , the arms might be had ; and some person of the company did name a gun-smith that was an honest man that might without suspition have two or three hundred arms , and other gun-smiths might , if enquired after , be found , that might lodge proportionable quantities in their shops , and the men should be led to these shops and armed . it was said by goodenough that six hundred arms were together in the artillery ground , which might be easily seized on . many debates we had about the tower ; some proposed the taking of it by day-time , by sending some men onely with pocket pistols , and when the sign was given they were to fall on the guard ; but this was left off as not agreeing with a rising by night ; and then the other way was to clap two or three hundred fagots to the gates and set them on fire , which would make those within surrender and that ships should come and lie before the tower and batter it at the same time the fagots were on fire . i. romzey . colonel romzeys letter to the earl of rochester concerning the scotch pedlars . my lord , when the rising was to have been in november , mr. ferguson did say that he could promise for three hundred scots in this town that would be ready at a days warning , and that there was in england twelve hundred that might be depended upon ; that three or four hundred did always abide here , the rest were scattered throughout england with packs on their backs for the maintenance of themselves ; that a great many of them were gentlemens sons and all of them had been at bothwel-bridge , and betook them to this way to get ( and carry ) intelligence as well as a living . j. romzey . another letter from colonel romzey to the earl of rochester . my lord , i do not know whether i have already in any of my papers where i mention mr. roe , acquainted the king of one passage he told me , ( but i think i have ) that gibbons the duke of monmouths footman did tell him , that nothing but taking off the two brothers would do the business , and if he would go with him , he would shew him the place to do it ; he carried him to my lord of bedfords garden , where i think he told me is a mount to look into covent garden , and said no place can be like this to lodge men in to do the feat and shewed him the garden-door where they might make a sally on the coach if they mist with their fire . mr. roe asked him , but how will you bring the men in ? he told him my lord was long in the country , and he was so well acquainted with the porter and servants that he could have the key at any time . the said gibbons told sir thomas armstrong as if roe had proposed it to gibbons , and sir thomas came to me in a great passion and told me what i have related , and bid we speak to roe to warn him of talking of any such thing . when i did speak to roe he confessed the thing , but that gibbons moved it to him , for he knew not any thing of my lord of bedfords garden or servants . this was to be done as the king came from the play. i cannot recollect whether i was twice at mr. shepards with the duke of monmouth , &c. or but once ; but if i was but once , then i heard mr. ferguson relate to my lord of shaftsbury some part of their debates at another time , as that they had resolved of the th of november for the rising and some heads of a declaration : whether i heard this debate at mr. shepards or at my lord shaftsburies lodgings i cannot be positive in , but mr. shepard i believe may remember . j. romzey . the further information of colonel romsey . this examinant further saith , that mr. ferguson was at this examinants house for seven or eight nights , intermitting a night two or three , which time he told me he went to his wife . during the time he was at my house , the duke of monmouth came to see him , to the best of my remembrance twice ; the first time i was with them , and all the discourse that passed was about my lord shaftsburie's death , and relating the affairs of holland and the confederates , the duke not staying a quarter of an hour . the next time i was not in the room with them . sir thomas armestrong came several times in a morning to see him , sometimes before i was stiring ; the first time i shewed him the room where he lay , and did not go in with him , but went to dress me , i being in my shirt . andrew barbers informations read in council , june , . on saturday morning , about the latter end of march last past , mr. keeling came to me , and told me that he and some other friends of mine would have me come to the mitre tavern within aldgate , because they would drink a glass of wine with me ; and there i came to them , and found mr. rumbal , a one eyed man , mr. keeling , burton , and thompson , i sate down with them and drank ; soon after mr. rumbald fell into discourse concerning getting of arms to his house ; he was speaking he thought it would be a good way to send them in a barge , but he concluded 't would not be safe ; but said , he thought that those that would be concerned should ride with arms themselves betimes in the morning or in the night and so come to his house , and there they should be refreshed and their horses , till he should order them what to do . some i understand were to continue on horseback , and they that were to kill the horses , coachman , and postillion , and to shoot into the coach were to be on foot ; and he would order carts to be set cross the road for to hinder them . so then rumbald asked if we could shoot well , i told him i could not , i never shot at a mark in my life ; the others said , let them alone for that ; says keeling , he is a good souldier and a lusty man , what do you think of him ? he made no answer , so i answered i was no souldier fit for that work , and said that it would be murder to kill , and he said it would be a means not to kill , but to save many thousand mens lives . when i had done , he said he would order some to bring word what coach by the colour of the horses , that they may not be mistaken , for this was to be as i understood in rumbalds own ground , for his house joyns to the road ; and he said they must come by his house to come to london , so he said he would ingage his life to do it , if he had but thirty men , but he expected forty ▪ and for horses mr. keeling said , he would get as many as he could , but it was not concluded on , by reason rumbald did expect to have seen more at that place , but mr. keeling promised him they should be ready at the next meeting , which was to be the next wednesday after , as i remember , but then i resolved never to come into their company more , nor be concerned with them , because i did understand there would be murther committed , nor have been in their company since , nor i never saw that rumbald before nor since . likewise i replied , if you should do so , how will you escape ? rumbald answered , he would fight his way through , and separate themselves into by-roads , and make what way they could for london , and then they should do well enough . all this time i never heard that this was intended against the king , for he was never mentioned in any respect , that i did understand , but i did verily believe that it was meant by his royal highness . so we paid our reckoning , which was i think six pence apiece , and they went towards the exchange , but i directly home , and have not been in their company since , nor no other tending to such evil work . andrew barber . moreover , rumbald said , that there was never above one or two that rid before the coach ; and likewise , if they could get to cambridge heath , or thereabouts , they should have friends enough for their help . in the gate-house the th june , . major holmes confessed . that in order to the late earl of argile's going into scotland , and raising a rebellion there , he had proposed that l. sterling should be sent to him from hence , by some great persons , with whom a treaty was held for that purpose by ferguson ; but that they refused to advance so great a sum yet , condescended to send him l. which holmes knoweth not whether the late earl hath accepted of , as sufficient for effectuating that design . upon his being ask'd who were the great men by whose means the money was to be advanced , he protested that he had never conversed with any of them , but that he had heard often the duke of monmouth and particularly the lord russel named ; and as to the lord grey , he did not remember that his lordship was mentioned unto him in the matter of money , but did confess that he had frequently been told of his being ingaged in , and a promoter of the design in general . he confessed that the letter marked numb . . is from the countess of argile to her husband , and that he was to have sent it away by the post last tuesday into holland , had he not been taken into custody . that it was directed for peter harvie linnen weaver ( which is not a true name ) in bow church-yard , and was left at one mr. browns house a sider-seller there , where holmes usually received her letters under that borrowed name , but saith that he cannot decypher this , nor any of her letters . as to the long letter marked numb . . he protests he cannot decipher it , nor can positively say for whom it was to have been directed , yet thinks it was to have been carried by castarres to fergusn , and by him to the chief men concerned in the design . upon inquiring what is become of the parcel of books , which are the printed case of the earl of argile , and in what method they were brought over from holland , he confessed that they had been shipped on board of a vessel , called ( to the best of his memory ) the success of colchester , bound for london , and that spence was afterwards to come in the passage boat designed to have come to graves-end , but that the wind having been very cross , he came on shoar at , or somewhat near harwich , from whence he came by land to london . upon asking what was meant by the figures and , in the letters marked numb . . he said he did not well remember , but when i told him that i knew by the cypher , money was meant by , and officers by . he confessed that it was so ; whereupon i did observe to him , that as the late earl was to have had money , so he was to have been furnished with officers for the carrying on the rebellion in scotland , which also he confessed , but said withal , that this letter was intended for his lady , which he knew by a mark on the back , and shewed it to me . the examination of robert blaney of the middle temple esq june , . this examinant deposeth and saith , that this deponent was invited about christmas last , on wednesday the th day of december last , ( as near as he can remember ) by iohn row , late sword-bearer of the city of bristol , to dine with collonel iohn rumzey , at his house in soho square , where were present the said colonel romzey , robert west , richard goodenough , ioseph tyley of lincolns inn esq christopher battiscomb gent. and the said iohn row , and this examinant ; where being together after dinner , and much wine and other strong drink drank in the said company , a discourse was began , but by whom this examinant cannot remember , about the times being very bad and dangerous for sober men , and what remedies were fit to redress grievances , and rid our selves of arbitrary power , or to that effect ; and it was there likewise discoursed and said , but by whom in particular this examinant cannot exactly remember it being so long since , that we should never be well till we were rid of two people , by whom as this examinant did apprehend , were meant his majesty and his royal highness the duke of york . and it was likewise said , that if the great people did but agree to joyn and rise , or words to that effect it might be done , for the countries were all willing and ready ; then as this examinant doth remember by some one , it was in the said company proposed , and as he verily believes by the said mr. west , that either a deed of bargain and sale , or lease and release ( one of them it was ) should be executed to bar both him in possession , and him in remainder ; by which as this examinant did then apprehend , was meant the taking off his majesty and his royal highness , and so he believes the rest of the said company did also . and a glass of wine did pass round the said table as a health to the executing of the said bargain and sale , or lease and release , ( which he cannot tell , but one o● them it was . ) and this examinant further saith , that he never was present at any other consultation with the before-named persons , or any others about the death of the king , or his royal highness , or the raising of any rebellion , that this examinant can remember ; except that being very frequently as a familiar acquaintance with the said mr. west , he hath often asked him , and the said colonel rumzey , whether the great men would do any thing , and whether any business would be done ; or he used words to that effect , but they did constantly as this examinant remembers answer him no , that nothing would be done ; and the said colonel , rumzey seemed ( as this examinant did apprehend ) to be very shy of him this examinant ; and much like discourse this examinant hath had with the said goodenoughs , but never was as he remembers acquainted with the prosecution or particulars of such a design in the least . and one nathaniel wade also this examinant hath had some such discourse with , about freeing our selves from arbitrary power and popery by a general rising , but any particular ways and methods for the same , or otherwise , this examinant never knew of , or was privy to . and further at present this deponent cannot recollect . robert blaney . jun. . iurat . coram me l. jenkins . the further examination of robert blaney , july . . who saith , that he saw ferguson since the earl of shaftsburies death , in the house of one bourne a brewer , living in queen-street over against the lord keepers ; that it was about a quarter of a year since ; that ferguson was in a night-gown , and therefore he believes he lay in that house ; that the discourse they had was about the earl of shaftsbury and his death . this examinant saith , that about three weeks after the earl of shaftsbury had concealed himself , he saw him at a merchants house , whose name he remembers not , but the house is in woodstreet , near st. albans church , the corner house , having a little yard before it , next door to a house that was one mr. biddolphs . he saith , he knows nothing of the manner of the earl of shaftsburies escape , nor of fergusons , nor knows no other places but the above-mentioned , where either of them were at any time concealed . he remembers that he was twice or thrice at the sign of the sugar-loaf , near the devil tavern with ferguson , and once with another person , who he thinks was young shute , about the time the earl of shaftsbury absented himself ; but that ferguson was not then disguised , but in the habit he used commonly to wear , which was a russet colour campane coat , and a brown short perewig . thomas lee dyer of old-street , his confession , , and july , . i having been often in the company of mr. iohn atherton , he told me , about may last , that mr. goodenough must speak with me , and mr. william thomas . we went to the salutation tavern in lumbard-street , mr. goodenough came to tell us and then drew out some papers , ( but i saw not what was in them ) and there told us that our rights and priviledges were invaded and that some gentlemen had taken into consideration how to retrieve them or words to that effect ; and did then ask us whether we were willing to assist , and then told us that the city and suburbs were divided into twenty parts , and did desire us to see what men we could get and told us , that we must discourse with them about a forreign invasion at first and if that took , then we might know of them , whether they would be willing to assist in their own persons , or by money ; some time after we met mr. goodenough at the amsterdam coffee-house in bartholemew-lane ; i told him that i had acquainted mr. charles bateman and he desired to speak with mr. goodenough . that mr. bateman told me i must have a care , and speak at a great distance that he was willing to assist , if he could see but a cloud as big as a mans hand and after i called on mr. bateman , and went with him to a sea-captains , and from thence to the duke of monmouths house in soho square . as we went , mr. bateman told me that the duke had told him , that he was glad that ever he came acquainted with those protestant lords ; and did assure me that the duke was very right for the protestant interest and that we need not mistrust him and then we called to see mr. goodenough , but were too late . the same afternoon i went to see for mr. goodenough and found him at the dolphin tavern in bartholemew-lane and i appointed him to come to the kings-head in swithens-alley in cornhil ; where he came and told me , that they were making ready and asked me what i had done in that matter ? i told him not much , because i doubted they were not prepared with money and arms , he told me that they had both . i asked him what store of money they had ? he told me , twenty thousand pounds , and then we went into company , and talked no more about that affair . some days after i met with him again , and he told me , that he had seen mr. bateman , and that he hoped he would be very serviceable , and asked me what that southwark man was ? i told him he was very honest and willing , and that i had spoken with him , and he desired that he might speak with him . i called him , and they discoursed together alone , and after that he asked me , who that ancient gentleman was , i told him , that he was an old souldier and that his name was franks ; he desired me to call him , and i did , and discoursed the matter , and he not hearing of it before , was a little surprized ; but said , that he was willing to fight for priviledge , which he thought was invaded , but not for religion . the next day i went to meet mr. goodenough at richards coffee-house at temple-bar ; there i met with mr. hone , and he had me over to the kings-head tavern , and there told me , it had been our great mischief , that there had not been an understanding betwixt the cavaliers and us ; that there were a great many brave men about the temple , and that the job had been done upon the black-bird and gold-finch some time before , if it had not been for an accident that happened at newmarket . soon after came in mr. francis goodenough , and mr. hone told me that i might be free with him . we discoursed about the matter , he said they were making all things in a readiness against their coming from windsor , and that he thought they must get three hundred horse to seize them coming from windsor . some time after i met with mr. richard goodenough , and asked him what readiness things were in , he told me that in a few days he thought he should have an account how many men they could raise . i told him that i had spoken with mr. rous , and that he could help them to arms for a hundred men ; and that a way was proposed how to raise a thousand seamen , if they would be at the charge of a golden ball to be played upon black-heath . he asked me what the ball would cost ? i told him , i was informed about twelve pounds . he said , if it were forty , they would be at the charge of it . then he desired to speak with mr. rous , and appointed to meet him at the kings-head tavern in swithings-alley , and they met and went into a room apart , and afterwards we went to iosephs coffee-house in exchange-alley , and mr. rous told me , that he would see and get ten sea-captains to manage that affair . the next day i met with mr. rous at the amsterdam coffee-house , there he spoke with two captains , as he told me , and from thence he went with them to the angel and crown tavern in thredneedle-street , but i did not go with them ▪ i saw him afterwards at the kings-head , and he told me , he must have mr. goodenough go with him to wapping , i acquainted mr. goodenough with it , and he told me , that that business of the tower was left to some men , that understood those affairs better than himself , and that they must be in a readiness to do all together ; i asked him what that was , he told me they must seize the tower , and take the city , and secure the savoy and whitehall , and the king and the duke . sometime after i met mr. francis goodenough in westminster hall , he had me behind kidals coffee-house , and told me , that the countrey-gentry were ready , and said , he desired it might not be delayed long . the next time i saw mr. richard goodenough , was at the kings-head . i called at mr. ienkes , and understood that he had almost dined , and i left word that i was gone thither , and he came to me , and i told him i had spoke with one in old-street , and that he was willing to assist with money , and another in white-cross-street , that told me , that he would assist himself , and had arms for ten men , and mr. goodenough told me , that they were about summing up their men , and that they should be ready in a fortnight or less . the examination of hicks living in friday-street london , taken before his majesty the third of july . who saith , that he did hear from wade ( as he thinketh ) that the city was to be divided into parts , and that wade told him , there would be a rising of the papists to cut all their throats , to which he had answered , that he did not believe it ; but that the law of nature taught him to stand upon his own defence . and that he the examinant further adding , that this imported evil and that he would not consent to it . wade then replied , he the examinant must perish then by himself . the examination of robert west of the middle-temple barrister at law , taken the june . this examinant saith , he having a general acquaintance with those of the city of london , that are commonly called whiggs ; observed about michaelmas last a general discontent amongst them , by reason ( as he apprehends ) of the elections that had gone before of the mayor and sheriffs , and of their apprehensions of the loss of their charter : whereon this examinant fearing that their hearts might transport them to commit some extravagancies , and to prevent his own families being ruined by them , was very inquisitive to know whether any insurrection might be designed . and this examinant after some time , was inform'd by some persons , who at present he cannot remember , that an insurrection was intended in november last in the city of london , but the particulars of it this examinant was never acquainted with ; and he heard soon after that the design was wholly laid aside . and this examinant further saith , that about the time his majesty came from newmarket , in or about october last , he heard that there was a design to seize the king & the duke of york ; but this examinant does not know the place where , nor the persons who were to act therein . and this examinant further saith , that about the latter end of october , or the beginning of november last , this examinant met with mr. robert ferguson , whom he had been long acquainted with , and the said mr. ferguson , gave this examinant an account of the great miseries the people of scotland lay under , and did believe the people of england would suffer the like , and popery over run the nation , unless the people themselves endeavoured to prevent it . and told this examinant , that two ways had been thought on ( but named not by whom ) one by a general insurrection in several parts of the kingdom , and the other a more compendious and safe way of taking away the king and duke by some surprize in some journey . to which this examinant answered to this effect , to wit , that he looked upon the first method to be impracticable and full of hazard , the militia , navy , forts , and ammunition being in the hands of the government , and the people as it were naked ; and such an attempt might intail a long and bloody war upon the nation , and must end in the destruction of the king and duke , or else it would be vain . and therefore the second method of taking them off by surprize was most rational , if there were a necessity of doing the one thing or the other . and this examinant further saith , that after this discourse , the said mr. ferguson went into holland , and after his return from thence , had several discourses with this examinant to the same effect , concerning the destroying the king and the duke ; and that there would be an opportunity shortly of doing it , either upon the king and dukes going to , or coming from newmarket . this examinant further saith , that soon after the said mr. ferguson , mr. richard goodenough , mr. richard rumball , this examinant , and sometime colonel rumzey ( so called ) and capt. walcot met , sometimes at this examinants chamber , and sometimes at other places where they used to debate and consider of the method of putting the design of killing the king and the duke in execution . and this examinant further saith , that none of the persons above mentioned , save richard rumball only , was to act in person , in the said attempt , but the said robert ferguson , richard rumball , and richard goodenough undertook to provide the persons to make the said attempt , which persons were to be at least , and if they could procure them . this examinant further saith , that there was also a further debate what sort of arms should be made use of in the attempt : and it was agreed there should be blunderbusses , muskets or carbines , and pistols ; but how the said arms should be carried down , whether before-hand , or by the persons on horseback , this examinant does not remember they came to any resolution . this examinant further saith , that it was resolved some of the persons who were to make the attempt should kill one or more of the horses in the kings coach , and then one party should set upon the coach and shoot into it , and another party fight the guards ; and if there should be occasion , a cart should be overturned in the road on purpose to stop the coach. and this examinant further saith , that after the said resolution above-taken , this examinant was much troubled in his mind , and endeavoured to represent several difficulties and hazards in the thing , and the ill consequences thereof whether it succeeded or not , with an intention to have diverted the thing . and this examinant further saith , that after the fire at newmarket , and before the kings return from thence sooner than was expected , this examinant and the other persons above-mentioned met at this examinants chamber , where because they had no certain intelligence how long the king would stay there before his return to london , it was agreed , to the best of this examinants remembrance , that the attempt should be wholly laid aside . and this examinant further saith , that some short time after the kings return from newmarket , there being a discourse at a tavern in the city between this examinant and the said rumball , and one iohn keeling , concerning the disappointment of their said attempt , in not having the arms ready ; and the said keeling openly mentioning blunderbusses , muskets , and pistols , this examinant advised him to call the said arms by the names of swan-quills , goose-quills , and crow-quills , that the drawers might not take notice . and this examinant further saith , that at the same tavern , the said richard rumball told this examinant , and the said keeling , that the king came by his house with a slender guard of six horse , much tyred and that six men well provided might have made the attempt and succeeded in it . and this examinant further saith , that some short time after , it was agreed by this examinant , the said ferguson , rumball and goodenough , that some arms should be bought to be in a readiness for any occasion : and because this examinant was no otherwise capable to serve in any such design , it was proposed to him and he undertook to buy some arms ; and accordingly this examinant bespake of one daft a gunsmith in sheer-lane , case of pistols , carbines with belts and swivels , and blunderbusses , besides bullets and flints , on pretence of sending the same into america , but the same were not entred at the custome-house till tuesday last , although this examinant did design to have done so six weeks before . and this examinant further saith , that being at a tavern about three weeks or a month since with nathaniel wade , richard nelthrop and others , where the said mr. nelthrop was reading a gazette , wherein there were relations of tumults at cologne , abetted by one gulick , the said keeling came into the room to speak with one of the company ; and mr. nelthrop in a jeasting manner called the said keeling gulick ; whereupon the said keeling said to this examinant , what think you for all your jeasting , if i and some few more of my friends should save the city charter and the nation ? or words to this effect . to whom this examinant replyed , he would do very well to do so : but then asked him the manner how he would do it ? to which he answered , that no body should know it till they had done ; but hoped he should not be hanged for 't : upon which words this examinant suspecting the said keeling meant some extravagant thing , bid him take care not to do any foolish thing and ruine the protestants . and this examinant further saith , that about easter last some discourses were had concerning the making some attempt upon the king and duke , between windsor and hampton-court , but no resolution therein was ever taken to this examinants knowledge or remembrance . this examinant further saith , that there was some considerations lately had how to make an estimate of the strength of the protestant party , in case they should be put upon their own defence ; when it was agreed that the city and subburbs should be divided into twenty parts , & that some person well acquainted in each division , should enquire into and make a return of the number he should find ; which returns are not yet made to the examinants knowledge : and more this examinant for the present saith not . robert west . die junii . capt. & recognit coram me l. jenkins . the further examination of robert west barrister at law of the middle-temple , the th of june . this examinant saith , that he was informed of the insurrection in his former examination mentioned to have been designed in november last by thomas walcot , who told this examinant that the same was projected by the late earl of shaftsbury , and was to have been put in execution the of november last , but that he looked upon it as a mad thing , which he had no thoughts to engage in ; and afterwards told this examinant that it was wholly laid aside . and this examination further saith , that to the best of his remembrance francis shute lately deceased was the person who acquainted this examinant that an assassination of the king and duke in their return from newmarket in or about october last had been intended , and that he heard the same from mr. ferguson ; and this examinant asking mr. ferguson about it , the said ferguson told this examinant , that it had not been thought of time enough , and therefore could not be done or words to that effect . and this examinant further saith , that he discoursing with the said ferguson concerning the late intended attempt upon the king and duke in their return from newmarket , asked the said ferguson what care was taken to justifie the same , if in case it took effect , for that the other party might in revenge shed a great deal of blood , and immediately proclaim the princess of orange , which would overthrow the whole design . to which he answered me that care would be taken about it and that the lord mayor and sheriffs and most of the lieutenancy should be secured . but when this examinant desired to know what persons were to be concerned , he bad this examinant ask no questions , for things would be managed well , as he said ; and that if london was secured , all england would fall in . and this examinant further saith , that when this examinant asked the said ferguson whether any declaration was prepared to be published upon such occasion ? he told this examinant that it had been considered of and was ready , and would be printed ready to be dispersed : but when this examinant asked him how it should be done , he answered it was assuredly so , but this examinant must ask no questions . and this examinant further saith , that before this examinant bespake the arms mentioned in his former examinations , the said ferguson told this examinant that he would give this examinant mony to pay for them , for he had five or six hundred pounds at command , but he paid not the money to this examinant till about three weeks or a month since and then paid it this examinant in ninety three guineys , but would not tell this examinant of whom he had the said money . and this examinant further saith , that the said ferguson told this examinant that the scots intended to make some insurrection in scotland this summer , but were not well able to do so without the assistance of ten thousand pounds or some other great sum to buy arms for them , which he had hopes of getting for them and that they expected , and he hoped they would be seconded by a party in england both in london and in the northern and western parts . and when this examinant asked him what persons of note would engage in it and what method they would use ; he answered , first let us sound our strength and if there be encouragement from that , you will not want men of quality to take their post , but you must excuse me from naming of them till there be occasion . and this examinant further saith , that though he frequently enquired whether any money had been paid to the scots , he could not certainly be informed that any money had been paid . and further saith this examinant , that the arms in his former examinations particularly mentioned were directed by the company then present to be bespoken . and further this examinant saith , that he hath been often in company with mr. edward norton of dorsetshire , as this examinant doth believe , with nathaniel wade a barrister at law and francis goodenough an attorney at law , at the castle-tavern in fleetstree ▪ and at the green dragon tavern upon snow-hill ; where some discourses were held concerning an i●●urrection in scotland and of one in england , if there should be occasion or be thought requisite ; at which time the said parties last mentioned , declared they would not be wanting to act their parts therein . and this examinant further saith not . robert west . junii cap & recognit . coram me l. jenkins . the further examination of robert west , taken by my lord keeper the th june , . this examinant further saith , that robert ferguson in his two former examinations named , told and sent this examinant word by a note , that if this examinant would send to major iohn wildman ( commonly so called ) he would pay a hundred pounds for the arms in this examinants farther examinations mentioned to be bougth by this examinant ; and this examinant not being willing to speak with the said wildman himself , sent richard rumbald to receive the money ; but the said wildman was gone out of town before the said rumbald did call at his house . and this examinant further saith , that upon some discourse at one of the meetings in his former examinations mentioned , it was proposed , whether some of the chief ministers of state , particularly the lord keeper , the lord marquess of hallifax , and the earl of rochester that now is , should be killed and it was agreed that it was very necessary they should be killed ; but no particular persons were appointed to do it , as this examinant remembers , it being thought almost impossible for any of the said ministers to escape . and further , this examinant saith not . robert west . junii . cap. & recognit . coram me fr. north , c. s. the further examination of robert west of the middle-temple , barrister at law , taken before mr. secretary jenkins the th of june . this examinant further saith , that some time in the last spring , and to the best of this examinants remembrance , whilst the king was at newmarket , francis shute , late deceas'd , came to this examinant with a message from the lord howard of escrick , as he told this examinant , to this effect , viz. that the lord howard had a project for raising a body of men to make an insurrection and desired this examinants concurrence and assistance in it ; and shortly after , the lord howard and mr. shute came to this examinants chamber in the temple , where the lord howard told this examinant , that except some effort were made by the people towards saving their liberties and religion , all would be lost ; or used words to that effect . and this examinant telling his lordship that he saw no way of doing so , that did not endanger the people more in case of a miscarriage , his lordship told this deponent , he had thought of a method ●easible in his opinion , and it was this , to the best of this examinants remembrance , viz. that ten men of skill and conduct in martial affairs should meet and each chuse to himself ten men whom he might use , that every of these ten should raise men , so as to make up a body of two thousand men : that empty houses should be taken for these men , as near the several gates of the city and other convenient posts as could be : that the night before the execution intended , the men should be got into those houses , and acquainted with the execution ; such as refused should be clapt into the cellars , and the rest sally out at the most convenient hour , and seize and shut up the gates , and then demand the inhabitants arms : and he doubted not but they would deliver them and people enough come into assistance . his lordship named col. rumzey , col. danvers , mr. clare and three others whom this examinant hath forgotten , for six of the principal ten , and desired this examinant to speak to them to consider of the project and fill up the number of ten ; but this examinant having no mind to engage in it , onely told col. romzey of it and none other of the parties above-named , who told this examinant he would not meddle in it , and advised this examinant to proceed no further ; and when the said lord howard came to this examinant for an answer , this examinant told his lordship , that he could meet with no encouragement ; whereupon his lordship replied he could make as good a shift as other men , and he would trouble himself no further and came not since to this examinant . and this examinant further saith , that the lord howard at another time told this examinant at a tavern in the city , that he thought it no difficulty with horse to surprize the king , duke and all the court at newmarket , by beating up their quarters about break of day ; but this examinant told the said lord howard it was impossible to get such a body to so great a distance unobserved , at which his lordship seem'd convinc'd . and this deponent further saith , that the said ferguson told this examinant , that the arms to be bought with the said l. lay ready provided in holland to be transported for scotland , and that the earl of argile would go over with them and head the scots in person ; and that one english lord offered to pay the whole l. by mortgaging his estate , if the rest of the managers would have secured him their proportions . but he should not name the lord's name then but since the said ferguson told this examinant it was the lord grey . and further this examinant saith not . robert west . iunii . capt. & cognit . coram me l. ienkins . the further examination of robert west of the middle-temple barrister at law. this examinant saith , that he was informed by mr. ferguson , and to the best of his remembrance by colonel romzey likewise , that the late earl of shaftsbury advised the duke of monmouth when he went into cheshire in september last , that if his grace were attended with a good appearance of gentlemen and free-holders there , his grace should set up and declare for a free parliament . and that when his grace was taken into custody by a messenger , the said earl of shaftsbury advised that the said messenger should be killed and his grace return into cheshire and declare as above or else post into the west of england and set up there . but his grace and the lord grey of wark were of another opinion , viz. that his grace should surrender himself which his grace did accordingly . and this examinant further saith , that since the insurrection intended in november last was laid aside , this examinant was informed by colonel romzey , that one great reason of its being laid aside , was , that one mr. iohn trenchard , on whom there was a great reliance for a considerable body of men in the west , viz. at taunton , would not undertake to procure such a body , for which he was much reproached by the lord grey . and this examinant further saith , that some time before mr. ferguson went over into holland , the said ferguson , this examinant and one mr. iohn roe late sword-bearer of bristol were together at the young devil tavern in fleet-street , where some discourse was had concerning the killing the king and duke of york and of a general insurrection ; but this examinant cannot remember any particular passages of that discourse . and this examinant further saith , that after the said ferguson went for holland , viz. about christmass last , colonel romzey , this examinant , richard goodenough and the said roe , several times met and discoursed concerning the said design against the king and duke ; as also of a general insurrection , which they distinguished by the names of the lopping point , and general point : one of which meetings , to the best of this examinants remembrance , was at this examinants chamber in the temple , where were present besides colonel romzey , this examinant , the said goodenough and roe , mr , ioseph tyley , mr. edward norton , and mr. richard nelthrop . and the said mr. nelthrop approved of an insurrection , but always expressed a detestation of the design to kill the king and duke , as a base ungenerous thing : but the said roe declared , he would be one to execute it rather than it should fail to be done . and this examinant saith , that at some or all of those meetings it was discoursed in what place , and in what manner the said design against the king and duke should be put in execution ; and it was proposed to be done either in the play-house , by planting men in the pit about the king's box , armed with pistols and pocket-blunderbusses , who between the acts of the play should make the assault , or in their return from the play-house by night under bedford garden wall ; because of the convenience for one part of the assailants walking unsuspected in the piaza and another walking so in the square within the rails , and another being about the church-porch , who upon the first assault might prevent assistance to the king out of covent-garden : or else it might be done as the king and duke were passing down the river in a barge , either by over-running their barge with a hoy , or else boarding their barge , and shooting a plank or two out of the bottom with blunderbusses , and so to sink it ; but both these ways were looked upon as very hazardous and probable to miscarry , and therefore neither was agreed on . and this examinant further saith , that in the last christmass holy-days , colonel romzey invited this examinant , and several others to dinner at his house in kings-square in sohoe fields , where dined this examinant , mr. richard goodenough , mr. francis goodenough , mr. roe . mr. blaney , and to the best of this examinants remembrance , mr. ioseph tyley , and some discourse was then had of the said design against the king and duke , and of a general insurrection , which this examinant proposed to them being lawyers to call and distinguish them in this manner ; the design of killing the king and the duke , executing a bargain and sale , which was a short manner of conveyance : and the general insurrection , by the executing a lease and release which is a longer conveyance , which distinction was received , and often afterwards made use of ; but the same blaney was never afterward , as this examinant remembers , at any other meeting . and this examinant further saith , that some short time after christmas last , this examinant , colonel romzey , mr. walcot , and mr. rumbold met at the salutation tavern in lumbard-street , where it was discoursed , that some preparations ought to be made against the time , that either the said design against the king and duke , or a general insurrection should be put in execution : and it was ●●greed , that ferguson should be sent for home , and that ludlow should be sent for if it could be , and that blank commissions should be drawn up for officers both civil and military and a model of government ; but there was some doubt in whose names those commissions should run , and at last it was proposed ( but this examinant does not remember by whom ) that they should run in the name of the con●ederate lords and commons of england . after which meeting , this examinant and colonel romzey went the same night , to the best of this examinants remembrance or soon after to a coffee-house in popes-head alley , to enquire for one mr. thomas shepard a merchant , for directions how to send to mr. ferguson then in holland , and there found mr. shepard . and this examinant , by the consent of the said colonel romzey , wrote a sort of canting letter to ferguson , to invite him over for his health , but there was no particular business in the said letter ; and the said mr. shepard sent it : but mr. ludlow was never sent for , nor any commissions prepared , nor any frame of government drawn up to this examinants knowledge , or as he ever heard of . and this examinant further saith ▪ that about christmass last he was informed , to the best of this examinants remembrance , by colonel romzey , that a design for a general insurrection was carrying on , and was managed by a cabal or council , and that the said cabal differed amongst themselves , and the business was like to be at a stand ; but the persons of that cabal , the said colonel romzey , did not then give this examinant any account of : but the said colonel romzey , this examinant and nathaniel wade agreed to draw up some few fundamentals , which they thought reasonable , and the said colonel rumsey to present the same to the lord russel , for him to present to the managers or the duke of monmouth , which they did accordingly , but the same were rejected , as the said colonel romzey told this examinant , and this examinant hath no copy of them . and this examinant further saith , that about hillary term last , this examinant was informed by mr. ioseph tyley , and since by iames holloway of bristol , that there was a considerable party in bristol , well provided for , and almost impatient for action , and had laid a rational design , if they could be seconded in other places . and this examinant further saith , that he was informed by mr. richard nelthrop , that colonel sidney had sent aaron smith into scotland with letters to sir george cambel , and sir iohn cochran , or one of them , upon pretence of a purchase of land in carolina , but in truth , to get them up to london , in order to settle matters for a rising , or used words to that effect : and that the said colonel sidney gave the said a●ron smith fourscore guineys , or some such sum for his charges : and mr. ferguson hath since told this examinant , that the said aaron smith behaved himself very indiscreetly in the said journey , and run a hazard of discovering the design . and this examinant further saith , that mr. ferguson often told this examinant , that it was agreed between several scots and several persons of quality here in england , that the scots should have l. from hence to buy arms , and then should rise in scotland , and be seconded here by an insurrection in england ; or if the english would help the scots to l. they would attempt a rising in scotland , without being seconded in , or further assisted from england . and that the l. was to be paid this day and that day , but at length the l. sunk to l. but the scots were resolved to rise though they had nothing but their claws to fight with , rather then endure what they did . and about three weeks or a month since , the said ferguson told this examinant that colonel sidney and major wildman had used the scots ill and broken with them after making them attend two months ; and the reason they broke upon was , that the scots would not agree to declare for a commonwealth and the extirpation of the monarchy , but that the said ferguson had hopes of raising the money otherwise , but would not tell this examinant how ; neither could this examinant ever be certainly informed whether any part of the said money has been paid to the scots . and this examinant further saith , that mr. iohn roe hath told this examinant , that he the said roe was acquainted with some scotchmen here in london , who informed him that there were or scots ( many of them bothwel-bridge men ) who were journey-men and pedlers in and about england , and were under the order and management of ten or twelve scotchmen in london , who could in a month or six weeks time draw in all up to london ; and that the earl of shaftsbury had a great command of these men . and this examinant further saith , that about three months since or thereabouts , this examinant being upon the exchange , met with major wildman , who told this examinant for news that the marquess of huntly and earl of dowglas , two eminent papists , were reported to be made general of the forces , and governour of sterling castle in scotland and that a resumption or repurchase of the abby lands was going to be made there . whereupon this examinant told the said major wildman , that he this examinant had a plantation in america where the churchmen never had footing , and would go thither if he was driven from hence . to which the said major wildman replied , keep here , and don 't talk of being driven out , drive them out hence . and this examinant saying , he did not see how that could be done : the said major wildman returned , it may be done , and must be done , and shall be done ; or used words to that effect . and this examinant further saith , that mr. rumbald told this examinant not long since , that major wildman had shewed him a paper in the nature of a declaration or remonstrance , which he intended to have printed and dispersed among the people at the time of the intended insurrection ; and that he the said wildman had formerly encouraged the said rumbald in the attempt upon the king and duke in their way to or from newmarket , but afterward seemed to discourage him . and this examinant further saith , that after the fire happened at newmarket , and this examinant , colonel romzey , walcot , ferguson , rumbald , and richard goodenough had met twice , and resolved to let making any attempt upon the king and duke alone . the said ferguson on saturday or sunday before the kings return , borrowed forty gunies of colonel romzey , as the said colonel romzey and ferguson have since told this examinant , in order to set the same on work , but did nothing in it ; and hath since repaid thirty gunies , if not the whole forty gunies to the said colonel romzey . and this examinant further saith ▪ that after the kings return from newmarket , the said colonel romzey , this examinant , ferguson , rumbald , goodenough , and walcot , as this examinant believes , met at the george and vulture tavern on ludgate-hill , where the arms in this examinants former examinations mentioned and the sorts and sizes thereof were agreed upon : and the said ferguson told the company that one was employed to see for some convenience between hampton-court and windsor , to make the attempt upon the king and duke , but he never made any report of the message , though he was pressed to it by this examinant and others , being then wholly intent , as this examinant perceived , upon managing the scotch insurrection . and this examinant further saith , that soon afterward there were several meetings between all or most of the parties abovementioned , at the castle tavern in fleetstreet , and green dragon tavern on snow-hill ; but this examinant doth not remember any particular discourse at any of the said meetings , other than concerning the progress of the scotch preparation towards an insurrection . and this examinant further saith , that there was since proposed making an attempt upon the king and duke in their return from the dukes play-house in the narrow part of the street , but the same was wholly rejected and this examinant never heard of any attempt designed to be made upon the king and duke at a bull-feast , nor never heard that a bull-feast was to be had till about ten or eleven days since . and this examinant further saith , that the said ferguson told this examinant that the insurrection in england intended to second that in scotland would be in this manner , viz. that one party should be up in the west at bristol , taunton , and thereabout , another in yorkshire at york , another in cheshire at chester , and if it could be done , another in devonshire at exeter ; in every of which places some persons of quality would appear , but named them not , and that the main push was designed at london , and was ordered thus , viz. that several parties should at once attack the tower , the guards and the exchange , the mews , the savoy , and white-hall , and one at westminster should fall upon the back of white-hall , that a party of horse should be laid at staines bridge to way-lay the king and duke , if they went towards windsor , and another party of horse to way-lay them in their road to portsmouth if they went thither ; that the mayor and sheriffs should be seized but the design was not to be communicated till it was ripe for action ; and added , that he hoped the duke of monmouth and lord russel might be prevailed with to appear in london . and this examinant further saith , that after the scots were disappointed of the money promised to them the said ferguson would have had this examinant to have met and discoursed with sir thomas armstrong , but this examinant refused to do so ; and he once asked this examinant to wait upon the duke of monmouth but this examinant refused that also . and this examinant further saith , that though the said ferguson was shie of naming persons of quality to this examinant yet he always believed he meant the duke of monmouth , lord russel ▪ lord grey ; colonel sidney , mr. charleton , major wildman and others , but this examinant never discoursed with any of them himself . and colonel romzey about two or three months since to the best of this examinants remembrance told this examinant that the lord howard of escrick , colonel sidney , mr. hampden junior , major wildman and others whom this examinant hath forgotten were managers of the design . and this examinant further saith , that richard rumbald was commonly called hanibal by reason of his having but one eye , and that it was usual at the meetings above-mentioned to drink a health to hanibal and his boys and this examinant believes the ninety three guineys in this examinants former examination mentioned to be paid to him by the said ferguson for the arms were given to him by mr. charleton , for that the said ferguson had before told this examinant , that he should have the said money when mr. charleton came to town , and when the said ferguson paid the said guinies to this examinant he told him he had not them in his custody above half an hour , and this examinant met the said charleton going from him when this examinant came to him . and this examinant further saith , that about five weeks since after the said treaty with the scots seemed to be broken off , this examinant , colonel romzey , mr. walcot , mr. wade , mr. norton , richard goodenough , and iames holloway , met at the young devil tavern between the two temple gates , where it was agreed to divide the city into several parts and to give the several parts to several persons to examine what force might be raised in every one of them , and if men could be raised for the first onset it was thought sufficient encouragement to venture upon an insurrection , and it was not doubted but men would fall in if the first onset had any success ; and in order to this a large map of the city and suburbs was bought and hung up in this examinants chamber , where mr. wade , holloway , and mr. francis goodenough divided the city and suburbs into twenty divisions , which were to be managed thus : one principal man in each division should employ fourteen or fifteen under him and give them their particular walks , so that they might not interfere one with another and be deceived in their numbers . these were to provide ten men apiece at least , so that men in each division would make out of the twenty divisions and what was over might be kept for a reserve , but there was no particular method as this examinant remembers agreed upon to use these men , but was deferred till the number was certain , after which division so made the said richard goodenough by reason of his general acquaintance undertook to find out men to act accordingly , and some short time after the said parties above-mentioned met at the green dragon tavern , where the said goodenough declared he had employed several persons from whom he hoped to have a good account in a little time , and the next week after the said parties above-mentioned and one mr. zachary bourn a brewer whom the said goodenough had employed in it , met at the salutation tavern in lumbardstreet , but this examinant came not thither till the company just broke up , and did not hear what passed there : and about a week after the same parties except holloway ( who was gone to bristol ) met again at the green dragon tavern on snow-hill , where the said goodenough reported that he had an account of men out of two of the hamlets , and that southwark would yield more and spittle-fields a great number but had no particular account of other places . and this examinant further saith , that about three weeks since richard rumbald told this examinant that he suspected mr. keeling had discovered all the designs , as well that of the intended assassination from newmarket as the other design then on foot and that if he were sure of it he would take care to get him knock'd on the head , but was unwilling to do so till he were fully satisfied and about a fortnight since the said rumbold told this examinant that he had several reasons to convince him that the said keeling had made a discovery , and but that he made so many protestations and imprecations to the contrary he would kill him . and this examinant hath heard from mr. william rumbald , that he lent the said keeling an hundred pounds on saturday was sevenight last , least the said keeling should be tempted by want of money , which he then pretended to labour under . and on monday was sevenight last this examinant was informed by the said mr. william rumbald that the said keeling was with persons that afternoon , some of whom he believed would have killed the said keeling if he had not deceived them by many imprecations that he had made no discovery . and this examinant further saith , that this examinant , colonel romzey , mr. wade , mr. nelthrop , goodenough and norton had notice on sunday was sevenight last , by means of the said keeling's brother that the said keeling had made a discovery , and thereupon they resolved to meet early the next morning in order to their escapes and according to their appointment met in goodmans-fields , where they endeavoured to hire a boat for holland , whither all except this examinant were resolved to go , but by reason they could not get clear of gravesend before five or six a clock on tuesday night , and so might be taken , they laid aside that design and every one shifted for himself . and this examinant further saith , that when this examinant was much dejected , and refused to go for holland , most of the company and particularly colonel romzey looked wistfully in this examinant's face , as if they suspected treachery in this examinant . whereupon this examinant told the said col. romzey , this examinant if he were taken , would not save his life unjustly , and instanced that he had never spoke with the duke of monmouth and could say nothing against him and would not do injustice to the colonel but rather give his right-hand to serve him ; which complement the colonel returned and so parted and there was no agreement between all or any the parties above-named to favour one another and further this examinant saith not . the further examination of robert west of the middle-temple barrister at law before the lord keeper the june . this examinant further saith , that mr. richard rumbald and a party of his friends about ten years since designed and were prepared to have killed the king and duke of york in their journey to or from newmarket and lay in ambush for that end , but the king and duke went an unusual road through the forest that time , which they never went before or since , and so escaped them ; and the said rumbald also told this examinant that he once had a mind to have taken one of the cellars under the duke's play-house , and by placing barrels of powder there have blown up the play-house when the king and duke were there ; but the consideration that a great number of other innocent people must have perished in it diverted him from it , though a friend to whom he communicated the design endeavoured to over-rule that objection by saying , what have the iack-daws to do amongst the rooks ? and this examinant further saith , that at some meeting before or about christmass last there was a discourse concerning surprizing some garrisons in case of an insurrection and it was proposed for portsmouth , that some gentlemen should go into the town and treat the officers of the garrison who in that bad air were apt to accept of an invitation and drink plentifully , and that in the height of their drinking a party of men who might be brought into town on a market-day in country mens habits should surprize the guards , who likewise to that end should be treated and it was thought the townsmen who were uneasie under the insolencies of the garrison would be apt to close in and assist in the enterprize . pendennis castle was also mentioned as a place naked and easily seized and that might be of great use : and this examinant doth not remember any thing said about hull , but mr. ferguson lately told this examinant , that he had good assurances of having newcastle . and this examinant further saith , that after the intended insurrection in november last was laid aside , ferguson to the best of this examinants remembrance told this examinant that the lord shafisbury had sent mr. walcot to sir wiliiam courtney in devonshire , to engage him in an insurrection and to joyn with some person of quality if it should be thought fit to send one thither , but mr. walcot returned without any incouragement from sir william courtney : and though this examinant knew that the said mr. walcot took a journey into devonshire , yet the said mr. walcot kept the business of it close from this examinant and would own only making a visit to a friend . and this examinant further saith , that the places usually resolved on for places of rendezvous in case of an insurrection in london , were saint iames-square , covent-garden , lincolns-inn-fields , smithfield , the royal-exchange , st. georges fields in southwark , goodmans-field , spittle-fields and moor-fields , where the arms in the artillery ground were to be seized . and this examinant further saith , that mr. roe told this examinant , that he had discoursed with one mr. hicks a tobacconist , an anabaptist preacher , a great ringleader of the anabaptists ; and that the said hicks had told him , that the anabaptists could , and he believed upon a good consideration would make up an army of men , and of the would be horse ; and though perhaps there would be a necessity of making use of some great men at the beginning ( and this examinant thinks he mentioned the duke of monmouth ) yet when the anabaptists were once up , they would not lay down their arms , till they had their own terms . and this examinant further saith , that to the best of his remembrance he was informed by colonel romzey , that the managers of the general insurrection had one or more meetings at the house of mr. thomas shepard merchant in abchurch-lane , or st. clements-lane in lumbard-steet , london ; and that if the money were paid to the scots , the said mr. shepard was to return it into holland : and this examinant , to the best of his remembrance , once to twice asked mr. shepard , whether any money were paid ? who answered , it was promised several times , but he had not any assurance of its being paid . and this examinant believes , the said mr. shepard did know of the intended assassination of the king and duke , but doth not remember that this examinant had any particular discourse with the said mr. shepard about it , the said shepard having failed to meet this examinant , col. romzey , and others , several times when he had promised to do so . and this examinant further saith , that mr. ferguson , to the best of this examinant's remembrance , told this examinant since the king went to windsor , that there had been some thoughts of surprizing windsor with horse , but upon consideration , it seemed impracticable , but he named no persons to this examinant . and the said ferguson desired this examinant , to speak to mr. richard goodenough to meet sir thomas armstrong , which this examinant did ; and this examinant believes , the said goodenough and sir tho. armstrong , have had several meetings , and the said goodenough hath communicated to sir thomas armstrong the design last carrying on for raising men out of the twenty divisions of the city and suburbs , and the progress that was made in it . and this examinant further saith , that at one of the meetings concerning the last mentioned design , mr. richard goodenough reported one man ( but would not name him ) would undertake to bring men out of the hamlets , and if occasion were to give satisfaction , he would shew them all a footbal match or other pastime , but the said goodenough reported withal , that he found most persons insist upon terms , and required to know what ease and advantage they should have in matters of religion , their liberties and properties , and what assurance they should have of their being performed before they would actually engage in arms , for they would not fight to change persons only , but things ; but whether any thing was done in order to give them such satisfaction , this examinant knows not . and this examinant further saith , that the fundamentals in this examinant's last examination mentioned to be prepared by mr. wade , col. romzey , and this examinant , were only rough drawn up by the said mr. vvade's own hand ; and this examinant did not write them , nor had any copy of them , because if they had been approved of , it was intended to have drawn them into form , and therefore this examinant cannot set them forth exactly , but to the best of this examinant's remembrance , the substance of them was to the effect following . . that the people should annually meet at a certain time to choose members of parliament , without any writ or particular direction to do so . . that the parliament should meet at , and sit for a stated time , and not be dissolved , prorogued or adjourned , but by their own consent , and that no prorogation or adjournment should hinder their meeting before the day , to which they were prorogued or adjourned , if there were occasion . . that the parliament should consist of a house of lords , and a house of commons , but the exact number of both or either of them , this examinant doth not remember . . that only such nobility should be hereditary as were assisting in this design , the rest should be only for life , and upon their death the house of lords be supplied from time to time with new ones out of the house of commons , but whether by the election of the lords , or of the prince , this examinant doth not remember . . the militia should be in the parliament , and the parliament have the nomination if not the election of all judges , sheriffs , justices of the peace , and other greater or lesser officers civil or military . . that what acts passed in both houses should be a law for one year without the prince's consent , and what acts passed both ho●ses in two several parliaments should be a perpetual law without his consent . . that a council to the prince should be elected out of the parliament , a certain number of the lords to be elected by the commons , and a certain number of the commons to be elected by the lords , but the number of the council , or of either lords or commons to be of it , this examinant doth not remember . and this examinant further saith , that before the said ferguson went for holland this examinant pressing him to know , whether the duke of monmouth were acquainted with the design against the king and duke , and would not hang all persons concerned in it , if it succeeded , the said ferguson said , what if i get it under his hand , that he shall not ? to which this examinant answered , it would be sufficient satisfaction ; but when the said ferguson returned from holland , and this examinant pressed him again to have security fit to be relied on , he asked this examinant , whether that were fit to be proposed to the duke ? and this examinant saying , if he durst not propose it , he thought other men ought not to venture upon it : whereupon the said ferguson said , that he had mentione● something concerning the king to the duke of monmouth , but not assassinating him ; to which the duke answered somewhat sternly , you must look upon me in the capacity of a son ; which answer for some time dampt the design , and alwayes clog'd it : but at length it was resolved , that if the duke did prosecute the actors in it , that the duke himself should be killed if it could be done . and this examinant believes colonel romzey was present at , or made acquainted by this examinant with the said discourse . and this examinant further saith , that the said ferguson , to the best of his remembrance , told this examinant , that some thoughts had been formerly of making an attempt upon the king and duke the last lord mayors day , either going out of the coach into guild-hall , or in the hall at dinner ( which might be done with men with swords only ) or in their return from thence at ludgate , or pauls-church-yard , but for the great hazards in either of these wayes , nothing was resolved on . and this examinant further saith , that this examinant perceiving that little or no preparations were made for the last designed attempt in the newmarket-journey , told the said ferguson of it , to which the said ferguson answered ; that he should have a sum of money for it when things were fixt , but not else , for a sum had been deposited in a mans hand ( but named not whose ) for the former designed attempt in the october journey , and though it was not made use of , it was not returned , and there was no asking for such money again . and this examinant further saith , that at one of the meetings concerning the attempt upon the king and duke , this examinant propos●d to the said ferguson , that some of the duke of monmouths servants or dependants should be brought into the action , which might be some security to the persons engaged , or at least make the world think the duke concerned in it , if he were not . but mr. rumbald did not care to engage with any of them , however this examinant believes the said proposal had been communicated to some of them , for that this examinant was told ( to the best of his remembrance ) either by colonel romzey or mr. ferguson , that sir thomas armstrong offered to engage , if colonel romzey would ; but the colonel refused , and that in case of a general insurrection , sir thomas armstrong would the night before it attempt to kill the duke of york , by going to him with a pretence to discover some plot against him . and this examinant was informed by mr. iohn roe , that one mr. gibbons , who was or had been a servant to the duke of monmouth , ●et the said roe in covent-garden , or carried him thither , and there told the said roe , that was a convenient place to do the trick in ( by which this examinant understood the attempt upon the king and duke ) and that he the said gibbons would engage to be one in it . and this examinant further saith , that about a fortnight before the kings return from newmarket , when the attempt was resolved on to be made , mr. ferguson told this examinant , that the duke of monmouth and several lords should be invited into the city to a dinner the same day that the king was to return , so as they might be ready to appear in the city upon the arrival of the news , and the said ferguson told this examinant , that some preferment was designed for this examinant , and desired this examinant to consider and give a note of such lawyers as this examinant thought fit to be , and would accept of being judges ; but this examinant only smiled at his vanity , and never gave the said ferguson any such account . robert west . . iunii . capt. & recognit . coram me f. north , c. s. the further examination of robert west of the middle-temple , barrister at law. and this examinant further saith , that at one of the meetings held for managing the business of the assassination of the king and duke in their newmarket-journy , there was some discourse about getting the arms down to mr. rumbald's house , and the said rumbald first proposed to put them up in long chests , and send them down by some empty carts from smithfield , and afterwards he thought to make use of two trusty watermen of his acquaintance , who should lay them in the boat , and carry oysters over them ( as sometimes they used to carry oysters ) up ware-river , and land them at , or near his own house ; or else every man was to carry his own arms under long coats : but no particular way was resolved on , but such was to be used , as should appear most safe : and at the same or some other meeting for the same purpose , it was discoursed how the men should get down unobserved , and it was thought best that they should go from london in the evening , in small numbers , so as to arrive at the place about midnight , and go into an empty house near rumbald's own house , where their horses should be put into a barn , and be refreshed ; and rumbald was to send away his servants early to market , and his wife and daughter he resolved to lock up above stairs : but the greatest difficulty was , how these men should get off after the business was done ; the road might be full , and the party cut off by some force that might come from london , and therefore rumbald proposed , that if he surviv'd the action , or were not disabled in it , to bring them a back way over the meadows , and over hackney-marsh ( to the best of this examinant's remembrance ) which he said was a very good way , and all of it to be gallopped , and by that meas they might get to london as soon as the news could . or else the said rumbald offered that the party should retire into his own yard , which was walled in with a high wall , and moated round , which he would undertake to defend against any force that could assault them , and before night he thought all would be dispersed and shifting for themselves , and the road be clear to london , but which course he would take , was left to his discretion , as the circumstances of the case should require . and this examinant further saith , that the several wayes proposed to surprize and take the tower of london were these , to the best of this examinant's remembrance ; one was so send ten or twelve men armed with pistols , pocket-daggers , and pocket-blunderbusses into the tower , under pretence of seeing the armory ; another number should go to see the lyons , who by reason of their not going into the inner gate , were not to have their swords taken from them ; that the persons who went to see the armory , should return into the tavern or sutlers house just within the gate , and there eat and drink till the time for the attempt was come ; that some persons should come in a mourning coach , or some gentlemans coach , to be borrowed for this occasion , under pretence of making a visit to some of the lords in the tower , and just within the gate some of the persons issuing out of the tavern should kill one of the horses , and overturn the coach so as the gate could not be shut ; and the rest of the persons within , and those who went to see the lyons , should set upon the guards , that upon a signal of the coach driving down , a party of men ( two or three hundred or more if they could be got , and were to be lodged in empty houses to be hired for that purpose , as near the tower as could be had ) should be ready to rush out , and 〈◊〉 the noise of the first shot , immediately run down to the gate , 〈◊〉 break in . this way if at all put in execution , was to be in the 〈◊〉 time about two a clock , because after dinner the officers are usually dispersed or engaged in drinking , and the souldiers loytering from their arms. another way proposed was , that several men should enter actions against one another in st. katherine's court held for the tower liberty within the tower , and that at the court-day , at which time great liberty is allowed to all persons to come in , a party of men should go as plaintiffs and defendants , and witnesses , who joyned with some others , who should come in under pretence of curiosity as abovementioned , should attempt the surprize , and be seconded by the party from the hired horses ; and to the best of this examinant's remembrance , a coach was likewise to be made use of in this case . and at one of the late meetings for carrying on the last insurrection , mr. goodenough reported , that an engineer told the said goodenough , that he would recommend some honest stout fellows to be labourers and workmen in the tower , who should be acquainted with the design , and ready to assist in it . another way proposed was , to surprize it by night , but that was full of difficulty ; and all that this examinant remembers to have been proposed was , that a parcel of faggots should be carried down to the gate and fired , and to some other part ( this examinant thinks the water-gate ) if it were practicable , and a great quantity of faggots should be prepared to throw into the ditch , and to make up works . that which most perplexed the business was , that to surprize the tower by night , was very difficult , and to begin an insurrection in the day time , was as difficult , and would lose many advantages that the night or break of day would afford ; and therefore no resolution was taken : these were only the debates of the meetings of this examinant , and the other persons in this former examination named , but this examinant never heard what the principal managers considered of or resolved on in the case . and this examinant further saith , that mr. ferguson used to go by the name of roberts ; and told this examinant , he was to go for holland with or soon after the bill for the money to be paid to the scots , and that the intention was to land the arms at edinburgh-frith , to the best of this examinant's remembrance . and this examinant further saith , mr. william rumbald told this examinant , that after it was violently suspected that mr. keeling had made a discovery , but had denyed it , it was proposed to mr. keeling for the satisfaction of his friends , that he should go into the country for sometime ( where it was easie to kill him and bury him privately . ) and this examinant further saith , that after it was certainly known that a discovery was made , it was said by mr. vvade to the best of this examinant's remembrance , that if a thousand men could be got together , it were better to venture a push here or in the west , and die like men , than be hanged like dogs : to which it was answered by colonel romzey , as this examinant believes , it is in vain to think of it , the hearts of the people are down , and our great men are good for nothing , or used expressions to that effect . and this examinant further saith , that on monday was sennight last , mr. ferguson perceiving this examinant much dejected and colonel romzey , mr. vvade , mr. norton , goodenough and nelthorp in some confusion , laught , and said to them , gentlemen , you are strangers to this kind of exercise , i have been used to flie , i will never leave off as long as i live , and i hope to see some of you at dunbarr before michaelmas , or to that effect . robert west . the further examination of robert west of the middle-temple , barrister at law. this examinant further saith , that at some meetings concerning a general insurrection ; it was discoursed that a body of five hundred horse would be necessary to scour the streets , to prevent the kings party from embodying , and for fighting the horse guards , or for a pursuit , and to that end it was proposed , that some endeavours should be used to bring up a party of horse from the adjacent counties , and that some means should be thought on to seize the life-guard mens horses in their quarters , and the citizens and gentlemens horses in the livery stables , and if there were success , and a great body of horse should be necessary , the great number of hackney coach-horses in town would make a good force . it was further proposed , that baricadoes should be made in several great streets , and several churches be used for lodging the men . and this examinant further saith , that at some of the said meeting● it was reported , that the kings regiments of foot had not their full compleatment of men , but wanted a great number , and that the officers used to lend one another men when they went upon the guard , and therefore the foot were not so terrible as might be apprehended . and this examinant further saith , that it was intended in the beginning of the general insurrection in the vvest , to send out a pa●ty of horse to seize the marquess of vvorcester , now duke of beaufort , and his eldest son , and another party to seize the bishop of b●th and vvells , and some other eminent men of that party , if they were ●en in those parts . and this examinant further saith , that some time before christmass last , he was informed by mr. roe , to the best of this examinant's remembrance , that the country expected the city would have been in arms on michaelmas-eve , when the present sheriffs of london and middlesex were sworn , and that he was credibly informed , that there were five hundred horse in the adjacent counties ready to be marched to their assistance upon the first notice , and that they continued in a readiness for two days , expecting notice ; but this examinant doth not remember that he named any person from whom he had this information . and this examinant further saith , that mr. ferguson told this examinant , that some nonconforming ministers had told him , they suspected he was driving on a design to assassinate the king and duke , and beg'd of him to desist ; for that it would bring a reproach upon the protestant religion , whatsoever the event might be , and that he was forced to assure them , there was no such thing intended : but alas , said he , they are weak silly men , and not fit for these thing , who cannot distinguish between destroying a prince meerly for his opinion in religion , and destroying tyrants who design to overthrow the laws , religion and all civil rights , and hate the nation . it is a pious glorious action , and such as will teach all princes to use their subjects kindly , or to that effect . robert west . the further examination of robert west of the middle-temple , barrister at law. this examinant upon further recollection saith , that after capt. walcot had acquainted this examinant of the insurrection intended to have been made in november last , the said walcot came the second time to this examinant , and told this examinant , that the lord sha●tsbury had prevailed with him to engage in it ; and that if it proceeded he would engage in it , and desired this examinant to buy for him , the said walcot , a long stiff tuck of some cutler this examinant knew , which this examinant undertook and bespoke , but was so long before he could procure it , that the said walcot had otherwise provibed himself , and the design was laid aside first , and this examinant was forced to keep the said tuck , the cutler refusing to take it again . and the said mr. walcot told this examinant , to the best of his remembrance , that the lord shaftsbury had formerly sent for sir george cambel and sir iohn cockran , about settling a scotch colony or plantation in carolina , but he believed that was only a pretence , and that the real truth was to concert matters in order to some design in scotland ; for the lord shaftsbury had sent for him , upon pretence of some command in carolina , but when he came , the lord shaftsbury was very cool in it . and this examinant further saith , that the said mr. walcot refused a long time to act in any wise , in the attempt upon the king and duke in the newmarket journey ; but at length , by the perswasion of ferguson , as this examinant believes , he undertook to command the party who were to fight the guards , or to be one of them , but refused to act in the assassination it self . and this examinant further saith , the said ferguson told this examinant , that when the earl of arg●le was in england last year , he had offered to make a sturdy commotion in scotland , if he might have had but l. ( for so low he came down from his first demand of or l. . ) but our great men were jealous of him then , and would not trust him , though he offered that they should employ whom they would themselves to lay out the money in arms , which he said was a great oversight and opportunity lost . and this examinant believes , the assassination of the king and duke designed in october last , was projected and abetted by the late earl of shaftsbury and that the money in one of this examinant's former examinations , mentioned to be advanced for that design , was advanced by the said earl , because this examinant had heard ( but cannot say positively from whom ) that the said earl complained of having been ill used in that matter , in the money not being returned , though it was not laid out . information of carleton whitlock , july . mr. west some time in easter-term last , in the court of requests , told me , that some desperate fellows had designed to have killed the king , or would have killed the king as he came last from newmarket , if they had not been afraid that the duke of monmouth would have hanged them . upon which i told him , that it had been a villanous action , and that all mankind would have detested the action , and the murderers ; and that if it ever had been in the duke of monmouth's power , he would certainly have hanged them for it , if they had done it . he told me afterwards , that there was a design of raising a considerable sum of money to buy arms , as i remember , in holland ; and that major wildman , col. algernoon sidney , and ferguson , managed the business ; and that my lord russel was very active in it , or words to that effect : and that writings were drawn , or drawing , or to be drawn , for the taking up of the money ; as i remember , he said ferguson was to manage on the behalf of the scots . this he told me at his house one day , when i dined with him ; but upon my not examining him to particulars , he said nothing to me but thus generally : only at his house he said , that some of them were for a commonwealth , and others for monarchy . at mr. shute's funeral , in the publick room , nelthorp came to me , and asked me for something for poor ferguson , as he called him ; and told me , he was doing a good work for all honest men. i told him , i would give nothing to any man , for doing a work i did not know of . c. whitlock . mr. edmund waller's confession . i did once meet mr. west , i do not know the certain time ; and he rail'd so much at those he called protestant lords , that i asked him , if he would have them be rebels ? and told him , that such men as he , and nothing else , could ruine the kingdom . this was in the temple , before the hall. the last and only other time that i ever spoke with him in private , that is , alone ( for we walked in the temple-cloysters ) i met him there ; and he told me , that some people , not naming himself as one , had had a design to set upon the king ( i am not certain , whether he named newmarket ) but he said , it was over . i went from him hastily , and only said , these things will hang you , and undo a great many other people : as i remember , when he said , there had been such a design ; i told him , i did not believe it : and then he said , it was to have been done as the king came from newmarket ; and was going on to say more , but i interrupted him , and went away ; and i believe he was jealous of me ; for he called after me , and said , there was no danger . this was , as i think , the saturday before this conspiracy was spoke of in westminster-hall . iuly th . . edm. waller . information of zachary bourn . richard goodenough bringing mr. ferguson , alias roberts , ( for that name he used to go by ) to my house , it was a great while ' ere i understood any thing at all of the design ; but so many coming to him daily as did , made me jealous ; i did imagine something of it . upon which he took an occasion one day to ask , what i thought about the gentlemen that came so often to him ? and then says ; admit there should be a design on foot , for the good of the people of england , would you be against it ? to which i answer'd , if i can do it with a safe conscience , i could not tell well what i should be perswaded to . as to that , says he , i shall easily satisfie you : and then went on to prove a mutual covenant between the king , and the people ; that his majesty had broke it on his side ; so the people were again at liberty . but to the matter , says he , as indeed i will be plain with you ; if you love your self , you must come in ; for there is a design on foot so laid , and so far gone , that it is impossible it should fail . then i desired him , if he thought it convenient , to let me know some particulars ; which he said , he would , provided i would promise him secrecy : but especially , i should say nothing to my father or wife ; for he thought , i would not speak to any body else : upon which i said , i would . and then he was plain , as he said , and told me as follows : that there was not a county in england , but had prepared for the business , less or more , but especially in the north and west ; and that they were sure of most places of strength throughout the kingdom ; but especially , bristol and newcastle : and that they were then a considering , how to secure portsmouth ; but were afraid they should not , the garrison was so strong . and that the scots were to stir at the same time we were ; and that we were to lend them l. to be remitted into holland , to buy arms for them ; and that he was to go over with the bills of exchange : that he found out a person could deposite the money upon good security , which the lords had promised should be given : that there was a dutch-merchant or two , that he had got to provide the arms , for the english could not do it without suspicion . then i asked him , who the lords were ? he told me , there was the duke of monmouth , lord grey , lord russel , and major wildman , and col. sidney . i told him , i wondred the duke would be perswaded to take up arms against his father ; for my part , i should be very unwilling to trust him . he answer'd me , that he had the greatest assurance in the world of him ; and that i need no more be afraid of the duke , than of him . he told me , the lord argyle , who was to command the scots , was of my opinion too ; for he had a few days before , sent a letter to him , to be well satisfied in the point ; and that he had sent him such an answer , as he did not doubt would satisfie him . he told me , the duke of york had fourteen thousand men in half pay about the town : and for his part , he thought we ought to defend our selves ; for we could not tell , but our throats might be cut every night . i asked him , how he could tell all this ? he told me , that they had a great deal of intelligence from the tory party ; for there were some , that were willing to play a sure game , and so keep in with both sides . some little time after this , there came one mr. iohn row , that was sword-bearer of bristol , with one iames holloway , of the same place , a merchant , to enquire for ferguson ; but he was unwilling to see them . then row asked me , to go and give him a dish of coffee ; which i did : and iames holloway gave me an account of the posture of affairs at bristol ; which i wondred at , being the first time that ever i saw him , viz. that they had been ready this two or three months ; that there was but eight in bristol , that knew of it ; that he had had some cannon he had taken out of some ships he was concerned in , had lain there so long , he was afraid they would mistrust something : that he had great plenty of powder and bullet in his own house ; and that they had a couple of ships there , that would carry forty guns a piece ; which they intended to seize the first rising , and fit out to sea. and then their manner of getting together was thus : some of those eight had houses out of town , where they would get all of the town they thought were for their purpose : the dissenters , under pretence of a meeting ; and the others , under some colour or other : and then tell them the design ; and if they would not go with them , they would secure or force them ; and that they would seize all the head men of the contrary party , which were not above thirty in all : and that they would post men at the corner of every street ; so that there should not a man stir , without they pleased . and that to their assistance , they should have some colliers out of king-road , and some scotch pedlers that were about the country ; many of whom were of bothwel-bridge . he said further , that the king would have by the time they begun , a great many thousand pounds , that they should seize ; and that there was a great many of the tory party , that had a great summ of money by them , which they must borrow : and that there was not a good horse within five miles about them , but they knew where to have him : that they wanted but two hundred musque●s ; for they thought , they should have more men than arms , which he was come up about ; which he hoped , the lords would help them to : but if they could not , mr. wade would lend them the money to buy them ; and that he should pack them up in parcels of goods , and send them by the carrier to his house . mr. wade told me himself , he would do it ; that is , lend the money ; but it was some time after this . mr. row sate by , and approved what holloway said to be true . after this i went down to the wells , and staid about a fortnight . when i came home again , mr. wade came to me , and told me , i must promise secrecy , and then he had something to say me ; which was , that affairs were settled every where very well , but in london : and though the lords had a design to let london alone ; yet they saw there was a necessity , that the business must be done effectually in london ; for if they let that alone , it was enough to maintain a war against the whole kingdom , and that their friends here would be all ruined : and that in order to the securing of it , they had taken this method , by which they might know their strength . they had divided the town into so many divisions , and had got honest fellows to consult what men they might expect out of every division ; and that they had no body about me , that they thought could serve them : and therefore desired me to think , if it was not possible to get about an hundred and sixty men out of bloomsbury , st. giles's , st. iames's , and soho ; and that i might , by way of discourse , ask some of my acquaintance , if there should be occasion to defend our selves , whether they could not find out ten , or fifteen , or twenty men , that would assist : that they should have a meeting again in two or three days ; and then he would give me an account of it , and i should go to them . and accordingly , on friday following , being the eighth of iune , towards evening , he came and fetcht me out , and carried me to the dragon-tavern on snow-hill ; where i met collonel romzey , mr. robert west , captain walcot , mr. norton , mr. wade , richard and francis goodenough . then i was asked , if i could not do what mr. goodenough had spoke to me about ? and was desired , not to say any thing about the business to any body in direct terms , but especially to any of the ministers ; for west said , they were a parcel of rogues , that had ruined the people ever since constantine . i told them , i thought mr. mead , and mr. lobb might be trusted ; and that they were , if they would , capable of serving them very much . but they would not hear it then ; but the next meeting , which was on monday the th . ditto , at the salutation in lumbard-street , they did think it was necessary mr. lobb should be spoke to , but not directly ; which i did : for the next day i went to him , and talking of the badness of the times , i said , there was but one way to help our selves , and that was by arms ; and if we should have occasion to do so , i asked him , where he could find a good parcel amongst his people , that he thought would stir ? he told me , that the spirits of the people were low ; but he did believe , there was a pretty many of them , that would make use of an opportunity , if it was put into their hands : but he could see no hopes of such an opportunity as yet ; we were too great cowards . but i bid him not be out of hopes : and so our discourse ended ; for his wife came in . the next meeting , which was on thursday the th . ditto , at the dragon on snow-hill , richard goodenough brought in an account of the divisions he was concerned in ; which was all the town almost , but where i was ; and at westminster , where mr. grange , a brewer , was concerned , but he ne're met with us ; but goodenough said , he promised two hundred men , and would be free of his purse . at this meeting , they resolved on this , which had been consulted before , ( for now they began to be sure of the design ; for they had a probability of eight or nine thousand men , from the account goodenough gave in and others ) that whitehall should be secured , and the manner thus : that the men in westminster should be ready to make an attaque on that side , that they would get about sea-men that should come up in long-boats with hand-granadoes and should attaque that part next the water and that a party of about should come down by charing-cross , part of which should secure the mews , and the rest march down and surprize the guards in their sleep , for it was to have been about one or two in the morning , and that all the chief ministers of state were to be secured , the lord mayor and the sheriffs and some of the aldermen , another party to secure the savoy and sommerset-house , and that in covent-garden and lincolns-inne-fields were to be bodies of men to be ready to give assistance if need were , and that all the expedition imaginable was to be made , for now it was put into the hands of a great many , and there was danger of a discovery . mr. goodenough told us that day that he had met with an engineer that would do strange things about taking the tower , and that he had six or seven mortar pieces that belonged to the tower , and that he would take care to keep them this month or six weeks ; at that time mr. west said he thought i must secure my neighbour , meaning the lord keeper , but i told him i would do no such thing as to fall on a neighbour ; truly he said he should be very willing to come to an account with him , and if he did he should put him in mind of colledge . at this time goodenough said the people that he had spoke of the matters to , desired they might know what they must trust to , for if the design was onely to change persons they had as good have the father as the son , and therefore desired some heads might be thought on and carried to the duke to be signed by him the night before the design began , and these five things were resolved on : . that the militia should be in the hands of the people . . that they should choose their own sheriffs in every country . . that we should have a parliament once a year , and that they should sit as long as they had any thing to do . . that they should have liberty of conscience . . that all the nobility of england that had acted contrary to the interest of the people should be degraded . mr. wade was to put these in writing , and to carry them the next morning to colonel romzey who was to go to the duke with them , which he did , and on saturday the th . ditto at the george and vulture on ludgate-hill he brought us this account , that he was to wait on the duke twice before he could speak with him , but at last did ; that the dukes answer was , that all of them were things of moment , and that they could not be done without a parliament but must be left to them , that he would do what lay in his power towards the obtaining them , but there being word brought to one le● a dyer in st. giles cripple-gate parish , that there was high treason sworn against him and richard goodenough , goodenough would not come to us that night , so this onely was concluded on , that we should meet on munday at the castle-tavern in fleetstreet , and that some time on monday mr. lee and mr. wade should go to mr. west's chamber to survey the map of the town to find fit places to meet in and give us an account at our meeting , but on sunday they had an account all was discovered by one keeling whom they had some suspicion of some days before ; upon monday morning they met at captain tracy's where captain walcot lodged , colonel romzey came to my house and gave mr. ferguson and me an account of it , and took me with him to captain tracy's where they consulted how to retrieve the business : most were for pushing for it , and so to die with their swords in their hands ; and another way was proposed i think by mr. west , to kill keeling and one doctour butler which i think colonel romzey named , who was said to be the person brought keeling in to discover , and that this would give them such a blow would make them afraid : the manner of taking doctor butler was to be thus : some men to go to him ( as it was to be after the killing of keeling ) and undertake to give him an exact account of the murder and the rest of the plot , and so to meet at a tavern where was a convenient room for the purpose , and there to have assassinated him , but i left them in the dispute and went not again till morning , when i came there they were all gone but west , who told me that one rumbald and others had been in company with keeling all the day before and he had perswaded them into a belief he had sworn nothing against any man and so escaped from them , though this morning they ●ound to the contrary . at one time talking to ferguson about this matter , he said nothing was to be expected from the rich old citizens , and therefore half a dozen of them must be taken out of their houses and hanged on their sign-posts and their houses given as plunder to the mobile and that would scare the rest . another time meeting roe after the fire at newmarket a great while , he began to talk of the design at newmarket , which he declined when he found i was ignorant of it , but by him and others i understood afterwards that there was a consult several times at west's chamber against the life of his majesty , and that in order thereunto west had bought as many arms as cost about l. of a gunsmith in shere-lane , but the fire happening prevented the design . another time talking with roe , he said there was no way like lopping , that was his majesty and his royal highness ; to which i answered , i never approved of such ways , and that he might do it himself for me if he would have it done , upon which he replied he would be one with all his heart ▪ and that it might be done through or over my lord of bedford's wall as his majesty went to the play-house , or as he went to hampton-court from windsor . at another time i met west on the exchange , and he told me the lords were all a parcel of rogues , and ferguson a credulous fool , for that they would trick upon the scots and us too , that he had laid out a parcel of money for arms , and that he could not get it again , which i told ferguson when i saw him but he said he should have it . some time after i met him in lineol●s-inne-fields and he told me that he had a note to one major wildman for the money and that he 'd go for it next morning , which he did , but the major was gone out of town . some time after i went to mr. owen's in bloomsbury , where ferguson then lodged and there i asked him about west's money , he told me he had given it himself , for that it was sent to him just before mr. west came in and he had given it him . on monday they met at captain tracy's , mr. west gave a note to one tottle to go to the gunsmith to fetch the arms he had bought , lest they should be found there and carry them with him to one of the plantations , i think new york , which tottle did then profer , if they would push for it he would not go his voyage , though i think he said his ship was at gravesend , nor would he come alone , but undertake for a hundred sea-men and others presently . the persons that used to come to ferguson were sir thomas armstrong very often , sometimes two or three times a day , colonel romzey , captain walcot , mr. wade , mr. norton , richard goodenough , richard nelthrop , mr. west , mr. charleton with a wooden leg , mr. iohn freak , mr. blaney once or twice , mr. thomas shepard merchant , sir robert rich , iohn starkey , ( mr. baily a scotch-man , and sir camel , and a great many more of his country-men ) and several from wapping , all whom i know when i see , also mr. iohn ayloff used to come when he was in town . ferguson told me of a certain person of quality in that part of ireland next scotland that could raise twenty thousand men , and that he had promised it , i asked his name but he would not tell me ; he told me it was aaron smith was sent to scotland about this business , and that he had like to have spoiled all , but that the person to whom he carried the letter went to the council and shewed them a letter he had about some business of carolina , and asked leave to come to london about it , and so got off this suspition . zec. bourne . iuly the th , . zec. bourne's further information . that mr. baily the scoth-man sate up one night with mr. ferguson , and he went several times with him to the duke , and the other lords , that ferguson lodged at several places a few nights at a time and so to my house again , at one mr. bickerstaff , a sword-cutler in covent-garden , at a german doctors at the green posts in st. martins-lane , and mr. owens in king-street in bloomsbury . that we met at the salutation in lombard-street by the perswasion of captain walcot , for he said mr. thomas shepard would meet us there , he went out of town every night and so could not come further , that i have often carried letters to the exchange to mr. shepard from ferguson , that he used to come often to my house to him , that i believe him to be the man was to return the ten thousand pound , for ferguson told me he had a great correspondence with several merchants in holland and that he did return my lord shaftsbury's money when he went over . that captain walcot would have spoke to one mr. collins an anabaptist preacher ( he preaches somewhere in moor-fields ) that could assist us greatly , but they would not hear of it being a parson . mr. west told me that mr. ayloff was at the buying the arms in shear-lane , and if at the buying , i suppose at the contriving the use for them ; that two or three days before the discovery was made by mr. keeling , thinking the business was pretty ripe , mr. norton was desired to write to mr. ayloff to come to town which he did . that ferguson desired me to tell them one night when we met , that he must have a party to seize mr. l'estrange , for he should find strange papers , and that great care must be taken to secure the paper-office at whitehal . zec. bourne . that ferguson told me that one mr. owen of grays-inn would give a hundred pound towards the design , and further he told me that he was the author of those two libels , viz. a letter about the black-box ; and a letter concerning his majesties declaration : that as he walked in the fields at that time the discourse was about the black-box , it came into his mind to write about it , which he did in an ale-house in chancery-lane , and that afterwards when his majesties declaration came out concerning the duke of monmouth , he finding no body took notice of it in print , he resolved to write an answer to that , which he said he did as he lay in his bed one morning , and further told me , he got one thrown on his majesties hat as he walked on the tarras walk at windsor , and another laid under his pillar , but would not tell me who it was had so disposed of them two for him ; and farther told me that the duke of monmouth gave him fifty guinies for that piece of service and so hath done every year since . mr. bethel that was sheriff of london was once at my house with ferguson and had some private discourse with him . zec. bourne . the further examination of robert west of the middle-temple , barrister at law. this examinant upon further recollection saith , that at the meetings for carrying on the assassination of the king and duke , it was resolved , that sir iohn moor the late lord mayor of london should be killed , as well as the present lord mayor and sheriffs , and that if the people did not pull him in pieces , his skin should be stead off and stuft and hung up in guild-hall , as one who betrayed the rights and priviledges of the city . and it was further resolved that mr. papillion and mr. dubois should be declared sheriffs , and sir thomas gold or alderman cornish ( but this examinant thinks alderman cornish was pitch'd on as the brisker man ) to be lord mayor , and that they should be forced to take those offices upon them , and if they refused should be knocked on the head . and sin robert clayton and sir patience ward who had behaved themselves like trimmers in their mayoralty , and neglected to repeal several by-laws whereby they might have prevented sir iohn moor from being lord mayor , should be forced to appear publickly and own the fact , or else be knockt on the head. and it was further proposed that most of the judges should be killed or brought to tryal for their arbitrary judgments , and their skins stuft and hung up in westminster-hall . it was further said by colonel rumzey , to the best of this examinants remembrance , that though he was not for shedding much blood ▪ there would be a necessity of taking off some of the chief abhorrers and addressers in most counties , otherwise they would be making head , but this examinant was of opinion that a publick declaration of safety to their persons and estates if they would submit , was a better expedient and would win more upon the people : and it was further resolved that some of the principal reputed pentioners in the late long parliament should be brought to tryal and death , and that there skins should be stuft and hung up in the parliament house , as betrayers of the people , and of the trust. it was proposed that bishops deans and chapters should be wholly laid aside , but no resolution was taken concerning their lands , because the present tenants might be induced to submit in hopes of preserving them , and would be sure to struggle if they saw they must lose them , and those who had those lands in the late times would be sure to engage in arms for us or submit in hopes of having those lands again . some discourse was had of applying those revenues , and of one half or two thirds of the colleges in both universities to publick uses in ease of the people from taxes . it was further proposed that it should be publickly declared to the people that they should be eased of the chimney mony , and have toleration in matters of religion , which was thought would engage all the meaner people : that england should be a free port , and all strangers who would should be naturalized , which was looked upon as a means to engage foreigners on our side , that there should be no taxes for the future bu● the excise and land● taxes which should be appropriated to particular uses , and all forfeited estates should be applyed so too . and this examinant further saith that this examinant enquiring of ferguson what fond of money was provided , it was answered by him and colonel romzey , that if the business were done and backt with success there could be no want of money , there would be half a years revenue of the chimney money then due besides what the excise-office and custom-house will afford , and that there was money and plate enough among the bankers and goldsmiths which must be taken up upon publick faith if there were occasion , and be punctually repaid again for the reputation of the cause . and this examinant further saith that when walcot agreed to engage in the said action he desired his name might be concealed whatsoever the effect of it proved ; whereupon ferguson replyed no man ought to be ashamed of it , for 't is a glorious action and such as i hope to see rewarded by a parliament , and that the actors in it shall have statues erected to them with inscriptions of liberatores patriae . and this examinant further saith that he acquainted mr. thomas shepard merchant that this examinant had provided arms in his former examination mentioned , and that ferguson promised to see for a conveniency of committing the assassination between hampton-court and windsor . and this examinant further saith that mr. bourn a brewer between great queen-street and parker-lane was acquainted with the intended insurrections , and hath talked with this examinant about them , and declared himself ready to engage in an insurrection , but not in the assassination , and the said bourn was knowing of the arms bought by this examinant , but was not at the meeting when they were agreed to be bespoken ; and this examinant believes he acquainted mr. carleton whitlock , mr. edmund waller both of the middle-temple , and mr. holford of chancery-lane of the intended assassination and insurrection in november , but he did not do so till after the time for execution was past : and further saith , that in the beginning of october last this examinant met with colonel sidney at vxbridge , where the said colonel told this examinant that many tricks had been plaid in the scrutiny of the poll for the lord mayor , and that sir william prichard was declared though not duly chosen , but said he , all that i can say to it is what a justice of peace of essex said lately to a country fellow brought before him for killing a high-way-man that would have rob'd him ; friend says the justice you have done well , but you might have been rob'd if you would ; and so we may be inslaved if we will , or else need not , or he used words to that purpose , but this examinant to the best of his remembrance never spake to the said colonel since . robert west . the further examination of robert west of the middle-temple barrister at law. this examinant upon further recollection saith that richard goodenough and francis goodenough formerly offered to act in the intended assassination of the king and duke if a sufficient number of men could not be got to do it ; but afterwards believing there were men enough besides , they both declined it . and this examinant further saith , that at some of the meetings concerning the said assassination , colonel rumzey said it would be very convenient to take off colonel legg the now lord dartmouth , for he was a stout man and of desperate courage , and believed if he could get into the tower , would in revenge fire all the gunpowder in the white tower , which would endanger the whole city . and it was said concerning the lady ann daughter to the duke of york , that it would be best to marry her to some small country gentleman and have a breed only to keep out any forrain pretenders to the crown ; and at one of the said meetings , when it was discoursed whether the king or duke should be killed singly , it was agreed , that rumbold should send out a spye before , who by some signs should give an account at a distance whether the king and duke were both together or not , and at one of the said meetings when it was designed that it would be convenient to take off some of the chief ministers of state , as the lord keeper , lord halifax , lord hyde ; richard goodenough said , take the keeper prisoner , and try him at oxford for the death of colledge , and hang him upon the same post on which colledge was hanged . and at one of the said meetings this examinant saying he was well enough armed for one , for he had a good musket blunderbuss and case of pistols ; the said rumbold desired to see 'em , and finding 'em very good said he believed he must use the blunderbuss in the assassination , and told ferguson he must consecrate it if he should use it . and this examinant saith that at one of the said meetings , this examinant was appointed to speak to one captain bon a seaman at ratcliff to undertake the raising a body of seamen to surprize the tower in case the assassination had been committed , and this examinant accordingly proposed to the said bon whether he would undertake to do so ; but the said bon replyed he was going to settle in america where he was born , and did not care to be concerned , and feared he had not interest enough amongst the seamen if he would , which this examinant reported to the next meeting , and the said bon is since gone to live in new-england where he was born , or in new-iersey . and this examinant further saith that richard goodenough told this examinant that he had spoken to one mr. grange a brewer in westminster to try what men could be raised in westminster for carrying on the last design of raising three thousand men out of the city and subburbs , and also spoken to one barnes a hatter in fleetstreet to try what men might be raised thereabouts , but this examinant never spake to either of the said parties about it , neither doth this examinant know nor hath heard what other persons were employed by goodenough or any other person in that design , and further saith not . rob. west . the further examination of robert west of the middle-temple barrister at law. this examinant upon further recollection saith that when the insurrection intended in november last was resolved on and walcot agreed to engage in it , the said walcot desired this examinant to lend him some of this examinant's suit of silk armour , viz. a back , breast and head piece , and afterward asked this examinant to take some command of horse under him and to engage some young men of the temple , telling this examinant he could make this examinant a sufficient officer in two or three days time , but this examinant refused to engage himself or his friends either , though he offered the said walcot the use of his armour . and this examinant further saith , that when the arms in his former examinations mentioned were ordered to be bespoke ; it was also proposed that ferguson should provide the l. he pretended to have ready for that purpose to buy horses , which should be kept at livery-stables in the names of private gentlemen , and be always in a readiness to be made use of as an opportunity for any assassination or other occasion should offer , and the night or two before they were to be used should seemingly be brought out of the livery-stables by men to be employed for that purpose , but ferguson not bringing the money no horses were bought . and this examinant further saith , that after the treaty with the sctos seemed to be at an end , and the l. not like to be had , ferguson told this examinant that the duke of monmouth was willing to speak with this examinant and goodenough to consider what ought to be done in the city and suburbs , and to leave the lords and other people ( by which this examinant supposes he meant the lords grey and russel , sidney and wildman ) but this examinant refused to go to the duke or to sir thomas armstrong , and knows not whether goodenough went to the duke , though he did go to armstrong . and ferguson likewise told told this examinant , that if the english would not agree to stir , it was his opinion and the opinion of many of the duke's friends , and of the scotch gentlemen that were here , that the duke should go to scotland and head the scots there ; whereupon mr. wade who was then present said , if the duke did go thither he would wait upon him in the expedition as a voluntier . and this examinant further saith , that at some meeting for the carrying on the intended assassination , ferguson said the king went frequently in the night cross st. iames's park in a chair without any attendance , and that it would be easie for two men with swords barely to dispatch him and make their escape ; whereupon colonel romzey said it was a strange thing to him , that the great men who were so desirous to have the business done , should not make a purse and buy some good office at court for some man whom they could trust , who should roar loud of the duke of monmouth and the wiggs , and by that means get into reputation and trust and should observe and give an account of the king 's and duke's walks and hours and any journeys they designed ; and the said colonel said he had told armstrong so and bad him tell his lords . and this examinant further saith that about the time the insurrection intended in november last was carrying on this examinant observed the lord howard of escrick and walcot to be very intimate and often together , and the said walcot told this examinant that the lord howard was as right as any man for the business and as forward to engage , but this examinant doth not remember that he ever spoke with the lord howard himself about that insurrection . and further saith mr roe told this examinant that gibbons the duke of monmouth's servant offered to be one to commit the assassination of the king and duke . and further saith not . rob. west . the further examination of robert west of the middle-temple barrister at law. this examinant further saith , that after ferguson had told this examinant that a sum of money for carrying on the assassination of the king and duke in october last was paid to a certain person who never returned it , of which the lord shaftsbury complained : the said ferguson at another time a little before the discovery told this examinant that richard goodenough was the person to whom that money was paid , and that he called ferguson fool for returning some money he had received for the same purpose and colonel romzey told this examinant that mr. charleton paid that money . and this examinant further saith that when mr. goodenough told this examinant that he would speak to hone the joyner to be one of the assassinates , he said he would first try him whether he would undertake an attempt upon the duke of york before he would break the whole business to him ; and as he found him willing to that he would proceed . and this examinant believes mr. goodenough did accordingly , for that the said hone coming to this examinants chamber soon after , and being asked by this examinant whether he had lately seen mr. goodenough ? the said hone answered he had , and talked with him about a jobb upon the duke of york : and this examinant asking him whether they were agreed ? hone replyed yes , but this examinant doth not remember that hone then mentioned the king or any name or description implying the king. and about five or six weeks since the said hone came to this examinants chamber about a small alteration this examinant designing to make in his chamber ; and then the said hone asked this examinant , master will nothing be done ? to which this examinant answering he believed not , the said hone replyed , if this duke of monmouth would be true and appear openly , i could bring fifty or sixty honest fellows from our side of the water ( meaning southwark ) who would be ready for business as well as my self , and this examinant asking him what business ? hone replyed any business , either a brisk push ( by which this examinant supposed he meant a general insurrection ) or the other trick or jobb of taking off the two brothers , the captain and lieutenant which were two names used for the king and duke . and this examinant further saith that when the discourse was had concerning the killing the ministers of state , colonel romzey said , the lord halifax was one of the greatest rogues , and deserved it more than any man , for he professing himself formerly of our party knows our weakness and divisions and hath exposed us and made the court venture upon things which they would never have done otherwise . and when goodenough proposed that the lord keeper should be hanged where colledge was hanged this examinant having an opinion that the lord keeper was an enemy to this examinant and had used him very hardly in a cause this examinant lately had in chancery , this examinant desired that he might have the custody of the said lord keeper a little while to make him sensible of his unkindness to this examinant , but this examinant never designed or desired to kill the said lord keeper or any other person , nor would have had his hands in any mans blood. and this examinant further saith that ferguson lately told this examinant that mr. cromwel , son of richard cromwel , who usually goes by the name of mr. cranbourn was so vain as to endeavour to make a party for himself or his father in the city : and goodenough formerly , viz. about christmass last told this examinant that he believed the said mr. cromwel and mr. ireton , the son of lieutenant general ireton would assist in the intended assassination of the king and duke in person . and this examinant further saith , that mr. goodenough told this examinant that he had spoken to one partridge a shoemaker and almanack-maker in covent-garden to act in this assassination , and that the said partridge offered to joyn in it if it were to be done in town but was not able to ride and therefore would not joyn in the attempt out of london : and further said that the said partridge had erected several schemes and thereby found the duke of york would scarce out-live march or april , and that the king was under an ill direction too , and the people would be victorious . and mr. ryley told this examinant the same thing as to the schemes erected by partridge . and this examinant further saith that colonel romzey told this examinant that when mr. trenchard refused to go into the west and raise a force for the intended insurrection in november last , the said mr. trenchard was sent for to the duke of monmouth's house about it , and there were present the said duke , the lord gray and colonel romzey . and further told this examinant that the lord russel had prepared to go the then next morning to his post which was somewhere in the west , but this examinant doth not remember the place . and this examinant further saith that after the discovery , walcot told this examinant , colonel romzey , wade , norton , nelthrop , goodenough and ferguson , that notwithstanding the said discovery he was perswaded god would yet deliver this nation , but he did not approve of the present instruments who had undertaken it , or used words to that purpose . and this examinant further saith that he having a son lately born desired colonel romzey to be godfather , who said he would not , except he might name him brutus , but was afterwards prevailed with to do that office , and give the name of iohn to the child being the said colonels own christian name . robert west . the further information of robert west of the middle-temple barrister at law. this examinant upon further recollection saith , that ferguson formerly , viz. soon after his return from holland told this examinant that dr. owen and one mr. collins either and anabaptist or independent preacher were the most sensible ministers about the town , and were both of opinion that the intended assassination and insurrection were both lawful and necessary , and that colonel owen dr. owens brother was privy to them and joyned with colonel sidney and major wildman in the management of the treaty with the scots , and that one mr. mead a nonconformist minister was zealous in the business of an insurrection but was not for beginning it in london , and mr. nelthrop told this examinant the same thing of mead , and that he was able to raise a thousand men or more . and this examinant further saith that mr. nelthrop told this examinant that in case of an insurrection which he much desired , he would go along with the lord russel wheresoever he took his post and would furnish out himself and a man with able horses and arms , and a good sum of money . and this examinant further saith , that upon a discourse with colonel rumzey concerning a general insurrection , the said colonel told this examinant that if he could have a thousand resolute fellows to follow him and an other thousand men to secure him at his back he would undertake to drive the king , all the court and the guards out of town so as they should not dare to look back till they were fled to windsor . and this examinant further saith that the money which this examinant received from ferguson amounting to something more than the arms bought by this examinant cost , this examinant by the direction of colonel romzey paid five pounds to mr. wade to give to one manning who was to have been one of the assassinates , and also in the last designed insurrection to pay some debts which manning owed , and the said colonel romzey , mr. wade , and mr. norton gave manning a guinny or s. apiece more . and the said wade asking this examinant whether he would personally engage in the last intended insurrection , and this examinant saying his infirm constitution was not able to bear the toyl of a souldiers life , mr. wade told this examinant , then he must sit out some men that would , and that this examinant should give his blunderbuss to manning who was a strong stout fellow able to carry it , which this examinant agreed to , and to fit out two foot souldiers , or do any thing else was fit for him to do . and this examinant further saith that at one of the last meetings for raising the three thousand men out of the city and suburbs , mr. bourn reported he had communicated the business to mr. lobb a nonconformist parson who had a congregation of poor zealous men , and that mr. lobb embraced it readily , and promised to employ two trusty men of his congregation to go amongst the rest and engage as many as they could . and this examinant further saith , that ferguson had four several lodgings during this examinants correspondence with him , at three of which this examinant visited him , viz. at mr. bourns the brewer , at mr. owens a lawyer living at the further end of king-street in new-southampton buildings , and at a cutlers over against wills coffee-house in covent-garden , his fourth lodging was in st. martins-lane in the fields at a dutch doctors , or german quacks , which this examinant never was at , and knows not the name of . and this examinant further saith that colonel romzey discoursing with this examinant further concerning the duke of monmouth , told this examinant the duke was inclinable to answer the peoples expectations , and submit to be little more than a duke of venice , but the lords about him and armstrong designed great offices to themselves and will not endure to hear of terms , but cry all shall be left to a parliament , whereupon this examinant saying to him , it were but just to discover all their intrigues , but the being an informer is an ugly thing , colonel romzey replyed , it is true our people are not worth venturing for and the other people are not worth saving , besides it would give a great blow to the protestant interest all the world over . and further saith not . robert west . the examination of william hone ioyner taken before sir william turner knight and alderman of the city of london , and one of his majesties iustices of the peace the th day of july , . this examinant saith that about the fire time at newmarket mr. richard goodenough came to him to cliffords-inn where he was at work at one mr. cark's chamber , and ask'd him to go along with him and told him he wanted some labourers ; this examinant then asked him if it were honest ? upon which mr. goodenough clucht his fist and struck it towards his mouth twice or thrice and told him it was to seise the king and the duke , and that there would be l. apiece to buy horse and arms. this examinant then told him he was well settled in his trade and did not care to trouble himself . he then further told this examinant that they had taken care to secure the city , and then they appointed to meet the next day at the amsterdam coffee-house , where they met together , and from thence they two went to one sergeants a cooks-shop at the sign of the roe-buck at the corner of bartholomew-lane where they diaed , and whilst they were there , there came in one keeling and one rombald who had but one eye , and after some discourse mr. keeling said let us go , and mr. goodenough said we want clothes , mr. keeling replied he had clothes for half a dozen , and further said let us make what we can and go , mr. goodenough answered no , and pointing to rombald said , there is one knows the temper of the people better . this examinant further saith that mr. goodenough , mr. rombald and mr. keeling went from thence to a tavern in bartholomew-lane where this examinant came to them , but heard no discourse at that time but drank and went his way . this examinant further saith that a fortnight after witsontide he met mr. ioseph keeling and his brother in threadneedle-street near the exchange and they would needs drink with him , and he went with them to the flanders coffee-house , and then mr. ios●as k●eling told him his brother was a stout man and could bring together thirty m●n for his share , and then they went all three into a room above-stairs , and then mr. iosias keeling said these words to him , you know the business of the rye , this examinant at that time knew the meaning of the rye , but not the place they called the rye : and they being three together they fell into discourse concerning the king and the duke of york , and how they should dispose of them and depose the king , and they being hot in this discourse this examinant said he was for saving the duke and securing the king , afterwards the two keelings sent this examinant to look for goodenough and told him they must needs speak with him presently , and after this examinant had been from place to place to find him , and missing of him he returned back to the tavern where he found the said two keelings and goodenough and some others who this examinant doth not know ; and there the said goodenough and both the said keelings retired into a private room , but what passed between them this examinant doth not know neither hath he seen them since . this examinant further saith that about michaelmas last was twelve month as he remembers mr. goodenough spoke to him to make a private place between his roof and t●e ceeling joists of his house with intent as he told this examinant to put mony in it because the times were dangerous . so this examinant cut the rafters and untyled part of the house and made such a private place , and made a frame and a door for a man to go in , and the brick-layer tyled it over and over the door , but what use the said goodenough afterward made of it this examinant knows not . this examinant saith that the persons engaged in this conspiracy are mr. richard and francis goodenough , 〈◊〉 . robert west , the two rombalds , and one adderton a glasier , and lee a dyar , and both the keelings ; and a crape-weaver who lives about chiswel-street . this examinant saith that he hath work'd for the said mr. west at his chamber in the temple , and one day meeting him in fleet-street he asked this examinant if the ball were once up whether gamesters would come in in four or five hours time ? this examinant replied he thought they would . and at another time being at work at his chamber they fell into discourse together concerning the deposing of the king and the duke , and words to that purpose , but what the particular words were he doth not well remember . this examinant saith that to the best of his remembrance as he was drinking with mr. lee at the kings-head tavern in chancery-lane about a fortnight after witsontide last , the said mr. lee told him there was a captain of a ship would appoint the hurling of a silver ball at blackheath , which would draw a great company of people together , and then he would give them brandy and then they would go and seize on the tower. this examinant further saith that he being at work at one mr. percivals at chip●nham where the said adderton the glafier was also taking order to work , the said adderton asked this examinant if mr. goodenough had said any thing to him about the business ? this examinant asked him what business ? the said adderton replied he had told lee of it , and that was all passed between them . will. hone. capt. & cognit , coram me die & anno praesen . will. turner . information of william leigh : i do declare that my first acquaintance with mr. ro●se and mr. lee was by reason of captain blagg and his business to go his mate , and the first time that ever mr. ro●s● spoke any th●ng to me about the plot , was one day i met him by the exchange ; he told me he had something to say to me ; and to the best of my remembrance he asked me presently after , if i did know of any seamen that were fitting to make captains in wapping : i told him no , but i would see what i could do ; and he promised , he and mr. lee to come to the blew anchor by wapping dock next morning about ten a clock but came not : another day , he and mr. lee came down and discoursed with some of mr. rowse's friends that he met , but they did not like his way and so parted . and the first time that ever i heard of tossing up of a ball was by captain blagg , but i do declare i knew not the meaning of it till mr. lee and mr. rowse asked me about taking the tower ; and whereas he or mr. lee and mr. rowse , or both , asked me about tossing up of a ball , as i take it on black heath : i asked what they would do there ? they told me there was some hundreds of horse ready in the country ; and as for captain blagg , i heard him say that mortar-pieces over southwark side would be the best way for the taking of the tower ; and i have heard him say , as near as i can remember , he could raise some seamen , but the number i have forgot ; and all that mr. lee spoke before the king and council in my hearing was true . all this i am willing to attest ; and for knowing of any others besides mr. lee and mr. rowse and captain blagg to be concerned in this plot , i know not , neither can i call to mind any words spoken by any but those three . william leigh . the further information of william leigh . shall it please your majesty , since i sent in my paper , i have sent something more which came in my mind since , that is about getting some seamen that might be fitting to go commanders or captains of ships ; and as he asked if i could not get two or three ; sometime afterwards i did enquire what he would do with them , he told me to make masters of ships . i asked for what end ? he told me to put in ships at deptsord or woolwich , that is men of war to make guard ships to stop all going and coming : i did ask him what he would do with them when there was no guns nor powder nor shot on board ; but i told him if he had the tower then he might do something : but his answer was , if not then , some time after that , says he , mr. rous by name we must secure the tower and whitehall both together , or else there could be nothing done : for , says he , we must take the king and then our work is done , to the best of my remembrance : i asked what was then his oath of allegiance ? he told me if they had the king he shou'd be king sti●l , but fight under his commission . i do think mr. lee was there present . will. leigh . information of the lord howard to the king the th . of july . the first part of my narrative being a summary account of all that occurred to my knowledg from september th . to the time of the earl of shaftsbury's death . about the middle of september . i had occasion to go to a small estate at tolibury in the county of essex , where i continued about a fortnight waiting to hear of the ultimate issue and result of the long contested election of the sheriffs of london , which was shortly to receive a final determination by the swearing of the new sheriffs into their office. during which time of my continuance in the country i received two or three letters from captain walcot , importing in a mysterious stile , well enough understood by me , that the matters of negotiation betwixt me and the merchant my correspondent were brought to a good conclusion , and that my presence was speedily desired for the better perfecting the same . upon the th . of september ( being the day which put an end to the long dispute about the sheriffs ) i returned to my house at knightsbridge , where i had not been above two or three days before i received a visit from captain walcot , who acquainted me that the earl of shaftsbury had withdrawn himself from his own house into a retirement in the city , where ( though he was secreted from most of his friends yet ) he desired to see me , for which purpose his lordship had sent him to me to shew me the way to his lodging . i presently closed with the invitation , and went along with him to one mr. watsons house about the further end of woodstreet ( reckoning from cheapside ) where i found his lordship alone , who immediately begun to advise me in this manner , viz. that finding the due election of the city frustrated by the pseudo-sheriffs forcibly obtruded upon them , he could no longer think himself safe ( though innocent ) in the future administration of justice which must hereafter be expected to be wrested by such ministers to the humour of the court , but this danger threatned not him only , but me also , and all honest men in england , in the sense whereof he had thought it necessary for him ( and believed it no less necessary for me ) to withdraw himself into the city , where he had made such preparations ( meeting with a disposed matter ) that he did not doubt but in a short time he should be able to reduce things to a better posture : that in order hereunto there were several thousands ( i think he mentioned ) who were ready upon notice given ●o betake themselves to arms. first to make themselves masters of the city , and afterward sally out and attack the guards at white-hall , that they were to be assisted with about a or hor●e to be drawn insensibly into town from several adiacent parts of the country under the conduct of several good officers , amongst whom he made mention of major bremen ( and of him only ) but there was nothing hindred the putting of this into speedy execution but the backwardness of the duke of monmo●th and the lord russel ( to whom were affixt the lord grey , the lord brandon , sir henry ingoldsby , and several other gentlemen who would not stir without the duke ) who had unhandsomely failed him after their promise given him to be conc●rre●t with him in the like undertaking ( at the same time ) in devonshire , sommersetshire , chesbire , lancashire , and other counties to give variety of diversion to the standing forces ; that the lord grey seemed to be more forward then than the rest to joyn with him , with whom ( if he could be gained ) he intended to couple me for the raising of essex , and that the lord h●rbert and colonel romzey would be assistant to him in the conduct of the city affairs , together with very many eminent citizens who desired to have their names spared till the time of action , with many other particulars too long to be enumerated in this short summary . to all this i answered , that i was glad to hear and was willing to take it upon his credit , that the city was in as great a readiness for action as he had exprest ; and that there would be so considerable a body of horse brought out of the country for their aid as he had intimated , nor did i doubt but he had prudently provided for all the requisites to so great an undertaking . but withal that i could not but be much surprized to hear that there should be so great a misunderstanding betwixt him and those noble lords whose concurrence i thought absolutely necessary for so great a work , that if they had failed him ( as he had related ) after an appointment made , they had acted very unsuitably to the character they bore , and would deservedly forfeit the opinion was had of them , that i must be allowed the ●iberty to discourse with them about it and till then to suspend as well my censure of them as the resignation of my self to him in the matters propounded by him ; upon these terms i parted from him promising to see him again within a day or two . the next day i went to moor-park , where the duke of monmouth then was and in short acquainted him with what i had heard , as well concerning himself as the lord russel , &c. he absolutely denied that he , or ( as he believed ) my lord russel had ever made any such appointment with my lord shaftsbury , that they were altogether ignorant of what was doing by the said earl , who for some time ( upon what capricio he knew not ) had withdrawn himself from them and acted upon separate councils of his own grounded ( as he feared ) upon the hasty conceptions of some hot-headed men , who might lead him into some untimely undertaking , which in all probability would prove fatal to himself and all the party : for prevention of which he said he would be glad ( if he knew where ) to give him a meeting , and to resettle a better understanding with him . having had this account from the duke i made a s●cond vis●t the next day ( being thursday the d or th of october ) to the said earl , to whom i communicated what had passed the day before betwixt the duke and me , and thereupon took occasion to strengthen my self with arguments of the absolute necessity of a speedy con●erence betwi●t him and the other lords as well for the removing the present misapprehensions they had of each other , as also for the consolidating them into such an union and concert of councils as might render them all joyntly helpful to the common interest by an harmonious and uniform acting to the same end in which they did all agree however they might differ in the means . this i urged upon him with all the vehemency that the nature and importance of the thing required , but he still persisted in a refusal of a meeting , saying with some more than ordinary warmth , that he had long discovered in the duke a backwardness to action , by which they had lost great opportunities , that he had cause to suspect that this artificial dilatoriness of the du●e procee●ed from a private agreement betwixt his father and him to say●●●ne another . that people ( so he termed that imaginary army in the city ) were impatient of longer delays , having advanced so far already that they could not safely retreat : the intention of an insurrection being commnnicated to so many that it was morally impossible to keep it from taking air if it was not speedily brought into act , that one of his friends ( whom i afterwards understood to be rombald ) had drawn almost an hundred horse into london by small and unobservable parties a little before michael●as day , who ( after they had c●ntinued here a good while at their expence ) were again retired to their respective places of abode ; that such frequent disappointments would weary the party and flat their spirits and make them at last resolve to sit down in a total despondency ; but it was much to be feared the duke acted with a prospect very different from theirs , he designing nothing more than the advancing himself whilst they could not hope that ever their liberties should be well secured for the future , but under the government of a commonwealth : that for these reasons he was fully determined to be no longer expectant upon the duke's motions , but would pursue his former intentions of attempting the deliverance of his country by the help of an honest brisk party in the city , with whom if the rest of the lords would be co-operating they might share with him in the glory of so honourable an undertaking , but if they would not he hoped he should be able to effect the work without them . howard . iuly . . this was the substance of the second confere●ce i had wit● him , which i reported the next day to the duke , who desired me to make one assay more to procure an interview . this occasioned my going to the said earl a thi●d time upo● saturday the th or th of october , at which time i did preva●● with him to give me a promise of meeting the duke and ●y ●ord r●ssel the next day in the evening , but in stead of coming , he sent his excuse both to the duke and me , the next morning by colonel romz●y , and streightway removed to another lodging , where he continued to secret himself till the time of his departure out of england . during the time of his concealment , divers intimations were given , some to me by captain walcot , others by others to the duke of days appointed for their intended insurrections ; one appointment was about the later end of october , at which time the kings return from newmarket was expected ; but this was prevented by the duke , who prevailed with them to put it off to a longer day in expectation of a concurrence of the country with them . this adjournment ( as i remember ) was for a fortnight , at which time returns from the country gave discouragement to the proceedings . after this the second of november was made a day peremptory , as i have been informed , but that also was put off i know not upon what disappointm●●t , which often failures caused the said earl to take resolutions of conveying himself beyond the seas , which he did accordingly . whilst these things were in agitation , i have several times had some dark hints given me from captain walcot , from goodenough , from west , from ferguson , of striking at the head , of shortning the work by removing two persons , by which i did apprehend that there was a design of making some attempt upon the king and the duke , or one of them ; but when and where , and by whom , and in what manner and place this was to be acted , i never saw . this ends the transactions during the life of the earl of shaftsbury , the rest shall be made a second part. howard . iuly . . a continuation of my former narrative . after the death of the earl of shaftsbury , it was considered , that as there had appeared both in city and country , a very prompt and forward disposition to action ; so it might justly be feared that either the minds of men might ( in time ) stagnate into a dull inactivity , unless proper acts were used to keep up the fermentation , or ( which was equally dangerous ) that the unadvised passions of a multitude might precipitate them into some rash and ill-guided undertakings , unless they were under the steering and direction of some steady and skilful hand . for prevention of both these evils , it was thought necessary that some few persons should be united into a cabal or council , which should be as a concealed spring both to give and to guide the motion of the machine . the persons designed to this general care were the duke of monmouth , the lord russel , the earl of essex , mr. algernoon sidney , mr. hambden junior , and another whose abilities and qualifications did in no degree fit him for such a province . the first meeting of these six was about the middle of ianuary at mr. hambdens house , at which consultation there was only propounded some general heads , which were afterwards ( upon more mature thoughts ) to be debated , viz. where the insurrection should be first made , whether in the city or in the more remote parts of the country , or in both at the same instant ; what counties were thought to be best disposed to , and best fitted for this enterprize ; what persons in the respective counties were the most useful and most ready to be engaged ; what towns easiest to be gained , and the most proper for a general rendezvous : what arms were necessary to be provided , how to be got , where to be disposed , what sum of money was of absolute necessity to answer publick occasions ; how and by what methods such a sum of money was to be raised so as not to draw into observation , nor to administer occasion of jealousie : and lastly , which was the principal and thought to challenge the chiefest care , how scotland might be drawn into a concert with england and which persons there fittest to be consulted withal about this matter . this was the sum of that days conference . the second meeting was about days after , at the lord russels house , where were present every one of the foresaid six . at this meeting it was propounded that a speedy understanding should be settled with the lord argyle , and that in order thereunto some fit person or persons should be thought of to be sent to him , and to be a constant medium of correspondence betwixt him and them that care should be taken to be rightly informed of a true state of scotland , of the general bent and inclination of the people , of the capacities or incapacities they were under , and that some trusty messenger should be forthwith dispatched thither to invite two or three of the most valuable gentlemen of that county into england to the end they might be advised with about the general design . the persons nominated to be called into england , were the lord melvin , sir iohn cockran , and i remember another gentleman of the family and alliance of the lord argyle , who ( if i mistake not ) was of the same name also , and a knight , but of this i retein but an indistinct remembrance . some other things were considered of , but of no great moment . at the conclusion of this meeting it was agreed , that there should not be any other meeting of this cabal ( unless in case of some extraordinary emergency ) until the return of the messenger sent from hence , and the arrival of the foresaid gentlemen out of scotland . this affording a kind of vacation i soon after went into essex whether i was called by the concerns of my estate , after that i went to bath whither i was enforced to go by the infirmity of my health , so that what was done or argued on after this , i can give no account but by hearsay . howard . iuly . . a supplement of some things which ( upon recollection ) have occurr'd to my memory since my former information . i remember that my lord shaftsbury complaining of divers persons who had deserted him and fell short of their engagements to him , amongst the rest named his cousin charleton ( meaning mr. charleton of totteridg ) who ( he said ) had promis'd and was able to bring in great assistance to him , upon which he did much rely , but was quite fallen from him , and had so wholly attacht himself to the duke of monmouth and my lord russel that he would act only by their measure . speaking also of major wildman , he said that he was very forward in the work , and very active in it ; and being told by me , that amongst other things which were wanting in such enterprize , the want of some great guns seemed to me not to be the least . he told me that they should be furnished with two drakes by a friend ( whom he did not name ) which two drakes i have since thought may be those two small pieces found with major wildman . the person mentioned in my former narrative who ( as my lord shaftsbury said ) had offered to kill the duke with his own hands , i do now distinctly remember to be mr. iohn ayloffe , to whom he answered [ no jack thou shalt not kill him till we have an arm'd force to iustifie it . ] about the th or th of october after a stop put to the then intended insurrection , the duke of monmouth told me that he had seriously thought of it ( meaning the insurrection ) and that after divers ways proposed and seriously considered of he was clearly of opinion that there was nothing so easie to be accomplished , nor so probable to do the work effectually as to fall in upon the king at newmarket with a smart party of horse of about forty or fifty , which he said he could soon have in a readiness . to which i answered , that i was of the same opinion , but whether or not it would be decent for him to appear in person in an attack to be made when the king was in person deserved his consideration . two days after i spoke to him of it again , and ask'd him what thought he had of it ; he answered me that it could not be brought about soon enough . after which i never discoursed more with him about it ; but upon reflection i am apt to think that from this time and not before the design of way-laying the king in his return to london was first meditated , and i am the more confirmed in this opinion from the consideration of the behaviour of the duke of monmouth and lord grey who seemed to be very big of expectation of some great thing to be attempted upon the day of the king 's coming from newmarket , upon which day ( as i have before observed ) sir thomas armstrong was not to be found till the king's coaches were come into town , and i do verily believe he was to have headed the party . to this also may be added , that the duke of monmouth within few days after told me that he had that day given order to have his horses carried into london to have been in a readiness to have mounted upon any emergency . i do further call to mind , that there is a considerable person living in spittle-fields whom i very well know , and have often been in his company ( but cannot remember his name distinctly ) this man i have been told did undertake to bring in two or three hundred men upon the strength of his own interest when occasion should require ; he is well known to mr. west . howard . further information of colonel romzey , june the th . sir thomas armstrong was at the meeting at mr. shephards when i was there , and was one that undertook to view the savoy and m●ws to see in what posture the soldiers were and how easie or difficult it would be to surprize them . sir thomas armstrong did tell that gibbons came to him and acquainted him that mr. roe and he had been to see the earl of bedfords garden and told him that was a fit place to take off the king and duke at , but in other terms which now i have forgot . sir thomas armstrong did come to me the sunday night after the fire at newmarket and told me that he just came from ferguson , and that notwithstanding they returned so soon ferguson did not doubt to have men ready by that time to do the business and desired me to go with him to fergusons lodging in his coach which i did , when i came there ferguson told me the same but that they wanted mony , mr. charleton not being to be found , upon which sir thomas desired me to lend some and he would see me repaid and said if he had been in stock he would have done it himself ; upon their perswasion i went t● my house i think in sir thomas his coach and brought forty guinnies ; he again repeated that he would see me repaid ; several times after he told me ferguson had my mony and wondred i would not go to him to receive it . after the discovery sir thomas came one night and told me he wondred i was not gone and did importune me to be gone with the first and in the mean time to keep close for that i was mightily hunted after . i. romzey . a letter from sir william stapleton , governor of the leeward islands , to sir leoline ienkins . nevis ian. th . . righ honourable , what now offers to inform your honours is that having seen the kings proclamation and a list in print of the conspirators in the last most detestable plot ; i found one james holloway merchant therein specified fled and indicted , who went by another name , viz. john milward , whom i have caused to be secured in order to send him home by the next good opportunity , which is by one captain john wilkinson commander of the ship joseph of london a good sailer . william stapleton . the information of james holloway read the th of april . great sir , i your majesties most humble , but too much mis●ed , and disobedient subject do here most faithfully , according to the best of my remembrance , give you an account of what i knew concerning the late discovered conspiracy , how i came to be concerned , how far i was concerned ; how it was to have been carried on in bristol : why i did not come in at the first discovery , and cast my self at your majesties feet for mercy ; how i made my escape , and where i was till taken . if i shall through forgetfulness omit any thing that it may be thought i am privy to , i shall be ready and willing truly to answer any question that shall be asked by your majesty , or any your most honorable privy-council , no way despairing of your majesties mercy , but remain in hopes that that fountain of mercy which hath so abundantly flowed from your sacred breast ever since your happy restauration is not yet dry , and that there is some drops left for me , who doubt not but to serve your majesty both at home and abroad , much more living than my death will. that which i have cause to impute the occasion of my being concerned , was my too publick spirit , preferring your majesties and my countries interest much before my own , but especially in attending the two last parliaments , promoting an act for the encouragement of the linnen manufacture , and the preventing of frauds in your majesties customs , &c. which would have brought in , and saved to your majesty near l. per an. and employed many thousands of poor , &c. as is well known to many worthy persons about your court , and indeed proved my ruine , otherwise than in this concern , by bringing me into too great acquaintance for one of my capacity , and by that to be concerned as i was . my attendance on those two parliaments i doubt have been mis-represented . how far i was concerned : after the dissolution of the two last parliaments , i observed a great dissatisfaction in people in most parts where i travelled , but heard nothing of any design till iuly . when one mr. ioseph tyly of bristol came from london ; i meeting with him ; asked what news , he answered to this effect , all bad , and if some speedy course be not taken we shall be all undone , for by their arbitrary , illegal ways and by force of arms they have got sheriffs to their minds , witnesses they had before , but wanted jurors to believe them , now they have got sheriffs , naming mr. north and mr. rich , who will find jurors to believe any evidence against a protestant , and so hang up all the kings friends by degrees ; i then told him that i thought it was impossible such things could be done , but the king must hear of it ; no said he , there 's none suffered to come near the king , but those who have been declared enemies to the king and kingdom by parliament , naming some that were mentioned in the printed votes , who to save themselves do indeavour to keep all such things from the kings knowledge , and perswade him against parliaments , with much more such-like discourse , by which i found the same was discoursed throughout england , scotland and ireland as a means to engage people . at length he told me that the protestant gentry , naming the earl of shaftsbury , lord howard of estrick and others were come to a resolution , seeing fair means would not do , but all things on the protestants side are misrepresented to the king by such great criminals , and none more in favor than those , to take the king from his evil council , and that by an insurrection in several parts of england at once , viz. london , bristol , taunton , exeter , chester , new-castle , york , and some other places in the north , and that there would be a considerable party ready in scotland , and another in ireland , therefore , said he , we must consider how to manage affairs in bristol , for if they proceed at michaelmas in choosing lord mayor as they did sheriffs , and to swearing of north and rich , it must begin in october or november , otherwise there will be some sham-plot contrived to take off most of the stirring men in the last parliaments ; with much other discourse to the same effect , adding , that mr. wade would come down very suddenly , by whom we might expect a full account of all . about the end of august as near as i can remember , mr. wade came down , who confirmed what mr. tyly had said , but could say little as to any farther resolution they were come to above , either of any time or method agreed upon , but that the design went on , and men were imployed in all parts to try how people were inclined , who found enough ready and that there would be no want of men , if it was once begun . then we considered how it might be managed in bristol , and what number of men might be needful for the first onset ; towards which he said , we might depend on men from taunton or thereabouts , and concluded that might be sufficient to secure it without the bloodshed of one man , it being our design to shed no blood if possible , but this we resolved not to acquaint any of our friends with , till the day and method was resolved , of which he said we should have ten or fourteen days notice ; and having soon considered of a method , waited in expectation of further advice , but none came till november ; then we heard that some dis-appointment happening they were forced to delay it , though there was more and more cause for it . the end of december or beginning of ianuary had advice that it was deferred to the beginning of march. the third of march i came to london , and meeting with mr. wade , asked him how things went , who answered that he could not tell what to make of it , for he could find nothing done more than was nine months before . the great persons who were the managers having done nothing but talkt of things , but now there was some others appointed to manage it , who were men of business naming them to me , viz. the earl of essex , the lord howard of estrick , the lord gray , the lord russel , colonel sidney , major wildman , mr. hambden the younger , and mr. charlton , who he did suppose would make something of it , and not do as the others had done , make a years talk to ens●are many thousands of people to no purpose ; for these had already sent messengers into scotland and ireland , to know their minds , naming one aaron smith sent into scotland , and at the return of the messengers would come to a resolution as to time and method , but he was confident they could not be ready before midsummer by reason they had done so little in order to it . mr. wade was then design'd into the west upon the earl of stamford's business , and said if he could understand any thing more before he left london he would take bristol in his way and acquaint us with it . this journey he brought me to colonel romzey with whom we had little discourse , he being going forth with his lady . the sixth of march i left london , and went directly for bristol ; about the twelfth of march mr. wade came to bristol , but then could say no more than as above , the messengers being not come back from scotland nor ireland and was of his former opinion , that if any thing were done , it could not be before midsummer , he then expected to be about two months in the west , and said that if any thing was agreed upon sooner , one mr. west a councellor had promised to write to him in the name of inglestone , and direct his letter to be left at his brothers in bristol , who wade ordered that if any such letter came , to open it , and if any thing material in it , to send it by a messenger to him into the west . about the th of march came a letter for him from west in the name of inglestone , which his brother opened , and not understanding the stile , brought it to me , but i knew not the meaning thereof . the contents was to desire mr. wade to get his clients together the next saturday come fortnight , for that was the day appointed to seal the writings , and neither of us understanding it , his brother sent it by a messenger after him , who found him at taunton , and his answer by the messenger was , that he knew not the meaning of it , but should be within ten miles of bristol the next saturday , desiring that if any other letter came , to send it to him . about three days after came another letter as above , desiring him not to call his clients together , for the time of sealing was put off , which letter was also sent to him , but he understood it not , saying , it was some rash business or other and so went back again . the fifth of april i came to london , and that evening went to mr. wests chamber in the temple where i found him , who then did not know me , but when i told him my name , from whence i came , and mentioned the two letters mr. wade received from him , he began to be somewhat free in discourse with me . i then told him that mr. wade and his friends were surprised at the letters , not knowing what he meant by them , and did desire to know , concerning which he seemed a little shie , but after a little discourse , began to tell me , saying , there was a design to take off the king and duke coming from newmarket , which they expected would have been that saturday mentioned in his letter , had not the fire happened , which caused them to come sooner ; nay , said he , had we known they would have stayed so long as they did ; their business should have been done : i then asked him what he meant by desiring mr. wade to get his clients together by that day , and what he could propose they should have done , to which he could say little , only that they might be ready . i then told him , that i thought it a very rash thing , and that few in england would approve of it , that i was sure none about us would , being a most cowardly dishonourable action , besides the basest sin of murther ; then , said he , what is designed by the general design but to take them both off , and if it had been done that way , it would have prevented a great deal of bloodshed in the nation ; no , said i , no such thing is designed as i know of , the general design being only to get the king off from his evil counsels , who had advised him to put a stop to proceedings against popish plotters by dissolving of parliaments , &c. and to bring all popish offenders to justice , and such who had betrayed the liberty of the subject ; and this i think was all the discourse we had at that time , being the first of my acquaintance with him : that night i went with him to a tavern in fleetstreet , where was captain norton , richard goodenough , and one mr. aylif , who , to my knowledge , i never saw before nor since ; whilst i was with them there was no discourse of any business , but i soon left them together . the next day mr. roe of bristol , brought me to mr. ferguson , at the house of one mr. bourne a brewer , but was not admitted to see him himself ; ferguson then went by the name of roberts , who when i had told my name and from whence i came , was pretty free in discourse with me , and told me the design went on very well , that there were some scotish gentlemen come up , who were treating with the managers , and did hope they would agree in fews days , and come to a resolution both as to time and method , of which we should have timely notice , but by all his discourse at that time i could not perceive that he knew any thing of the newmarket design . that day i had some discourse with colonel romzey at his house who i found was privy to the newmarket business , and his opinion was that the general design would come to nothing , for he did not approve of the managers actings , and said there was nothing like the other design , for that would put an end to all in a little time ; when i told him that i thought none in our parts would be for it which i think was all the discourse we then had , only he promised that if any thing was agreed before mr. wade came up , i should hear of it , so i took leave and went for bristol the next morning . about ten days after , hearing nothing from them , ( ferguson having told me that he thought all would be agreed in four or five days , and promi●ed to advise ) i wrote to mr. west desiring to know how they went on , who wrote me that they still met with delays , and were come to no conclusion , after that i heard no more till may. about the beginning of may i came up to london again , in company with mr. wade and some other bristol men , but when we came up , my business being in the city , and theirs about the temple , we parted ; after two or three days i met with mr. wade , and asked how he found things , who told me , he doubted all would prove a sham , for he thought there was nothing intended , finding nothing materially done in order to what had been so long discoursed . then we went to mr. west , and discoursed him fully about the contents of his letters , who told us , they were resolved to kill the king and duke as they came from newmarket , in order to which , he had provided arms for fifty men , pistols , carbines and blunderbusses , and that they were promised the house of one rumbald a malster , which lay in the road , and the king must come by his door , there the men should have been lodged . then we asked who was to have acted it , to which he could give but a slender answer , and could or w●●ld name but two men , who were rombald and his brother , saying ▪ if they could have raised six or eight hundred pounds to have bought horses , and something to encourage men , they should have 〈◊〉 men enough ; so that we found they had few men , if more than two , and no horses , only a parcel of arms , which afterwards he shewed us at a gun-smiths house in a little lane near temple-bar . then we asked him what they designed if it had taken effect , to which he answered , that the men should have come up with all speed to london and dispersed themselves immediatly , declaring for the duke of monmouth , and that the king and duke being dead , no opposition could be made ; then we asked who were for this design , he named colonel romzey and richard goodenough , and , as far as i can remember , no more ; so we found it was carried on by them contrary to the knowledge or approbation of those who managed the general design : then we declared our great dislike of it , telling him , it was a base dishonourable and cowardly action , and would seem odious to all the world , that any pretending themselves protestants , should be concerned in such a bloody action , and that we thought it was his cowardize put him upon it ; to which he said , that he could not fight , but would be as forward with his money as any of his capacity . then we went to colonel romzey , who we found to be wholly of wests opinion , saying , that except something be done that way , i know nothing will be done at all , for he knew the other managers would do nothing ; so we had little discourse at that time . after this we went to ferguson , who told us how things stood ; we then found that he knew of both designs , but was only for the insurrection , and told us , that the managers had been treating with some scotch gentlemen ; that they were almost agreed , and the money they were to be supplyed with , would be ready in three or four days , being ten thousand pounds which was to be returned to holland to buy arms , &c. for scotland . he also told us that the scotch gentlemen had made another proposal to the managers , thus , if they would supply them with thirty thousand pounds , they would begin it in scotland first , which they could soon have , and then would invade england , desiring the managers only to get a party in the north of england , ready to oppose any force from coming out of england against them , before they had setled scotland : but this was not approved of , the managers chusing rather to supply them with l. and to begin it in england the same time . then we daily expected to hear when the mony would be paid , but still found nothing but delays , the managers not agreeing how to raise the mony , and that if the mony had been ready , they were come to no conclusion as to any method more than they were nine months before , having done nothing ●●t talked to ensnare people , reporting about in all parts how the liberties of the people were daily more and more infringed , and that arbitrary government and popery was coming in apace ; which incensed people very much , and made such a grumbling in all parts , that we fear'd lenger delays would make the common people in many parts mutiny , it being as we thought so gen'rally known ; except something was suddainly done , it was impossible it should remain undiscovered ; so the next time we met with romzey and ferguson ( tho never together ) we declared our dissatisfaction by reason of such long delaies , and spoke it so as that it might come to the managers ears , as we suppose it did , being to this effect : that we thought they had only a design to betray people , drawing many thousands into a snare , for their actions shewed little otherwise , being so long discoursing a thing of that nature , and done so little towards it : few days after meeting with romzey again , he told us they were of different opinions concerning a method , some for beginning the insurrection only in london and scotland , some for it in all places at once as at first proposed , others for several places in england and scotland , and not in london , saying , that if it was not begun in london , but in other places , there would be forces raised in london to send out against them , which would take out most of their strength , and that then london might be easily secured ; somtimes they were for beginning it only in london and scotland , and to have people come up to london from all parts of england : to which we answered , that we though no way better than what was first proposed , ( viz. ) the beginning of it in many places at once , as before mentioned , for although we had engaged none in or about bristol , nor should not endeavour it till all things were concluded , yet with the assistance we were promised from taunton , did not doubt but to get men enough to secure it , and that we knew not where to get ten men that would come for london , and supposed it might be so in other places , men might be willing to secure their own country , who would not be willing to leave all and come for london . romzey then said , if he knew where to get at the head of men , he would begin it presently , and desired that we might meet the next night with some others and consider of things ; so the next afternoon we met at richard's coffee-house near temple-bar , and from thence to a tavern near , i think called the little or young devil tavern , where met eight persons , ( viz. ) colonel romzey , robert west , captain norton , captain walcot , richard goodenough , francis goodenough , nathaniel wade and my self ( this was the first time i knew walcot . ) when we were all fit , colonel romzey spoke to this effect , as near as i can remember the same words : gentlemen , if we can raise three thousand men in and about london , there is a person of honour will appear at the head of them and begin the business ; which we supposed to be the duke of monmouth , and do not well remember whether he mentioned his name or not . which proposal much surprized mr. wade and i , that he should then question the raising of men , whereas when it was first mentioned to us , we thought they had been sure of many thousands in london at an hours warning . then it was considered how men might be raised , and how they might do something to the purpose : then we declared what method we had concluded on for the management of affairs in bristol , which was as followeth , and they could think of no better way : so it was concluded that london and the suburbs should be divided into twenty parts , and one man made choice of in each divisi●n , who should chuse out ten in his division that he could trust , and each of those ten to find out fifteen , which would make in each division ; so that twenty divisions would produce . in order to which , a map of london was to be bought the next day , and each division drawn out in a particular paper , mentioning every street and lane of note in it , with the north , east , south and west bounds thereof , and to be brought the next meeting two or three nights after ; at the first meeting it was agreed , that none should know of this design , viz. ( of the chief managers ) till all the men were secured , and that those seven ( i being not to stay long in london ) should meet every two or three nights till all was compleated . at this meeting romzey and west would be often saying , there was nothing like the lopping business , meaning the taking off the king and duke , and that it might be easily done as they went to or from windsor , or to or from the play-house , but i never heard any agree with them in it . next day a map was bought and brought to west's chamber in the temple , where some met to divide it and draw out the divisions against the next meeting . the next place we met at i think was the castle-tavern in fleet-street , where some of the divisions were brought , all being not done , and then it was consider'd how they should be distributed , being we were most strangers ▪ and agreed , that richard goodenough , who had been under-sheriff , and so had a general acquaintance , should do it , who was willing to undertake it , the rest of the divisions to be ready against the next meeting , which was two or three nights after at the green-dragon tavern upon snow-hill , where when mr. goodenough came he told us , that he had disposed of some of them , and did hope it would take effect , and that in a week or ten days he should have fixed the twenty men ; the consideratio● how things should be manag'd , was deferred till they were sure of the men , only some mention'd their opinions how the tower , whitehal , and other places might be best surprised . the tower was thought might be best gained in the day time , whitehal and other places in the night , with many such things in way of discourse : romzey was still upon the old strain of killing the king and the duke , saying at this the last meeting i was at , ( going for bristol next morning ) that it might be done in windsor-park , and that he would undertake it , but not except every one there present would go with him , to which not one con●●nted , i replying , that i was for no such thing ; but seeing the other business had gone so far , and was known to so many , if they could bring it to bear in london and other places , i rashly said , rather than fail of bristol we will undertake it at noon-day with an hundred men : to which romzey said i was a bold fellow ; they then promised ( when they were sure of the men ) to advise and take care for some arms for us at bristol , and that we should have some great person come down to head us ; but i heard no more till the news of the discovery came in publick letters . i remember one time when vvade and i was with ferguson , he told us that the duke of monmouth was brought to a low condition , all his places being taken from him , and his tenants in scotland ( being so severely dealt with upon account of their religion ) were not able to pay rent ; so that his estate there , which was accounted worth ten or twelve thousand pound per an. did not yield him the last year two thousand pound , that he was not well pleased with the management of affairs , and desired mr. vvade to appoint a place where he would meet the lord gerrard , and sir thomas armstrong , to discourse them ; to which mr. vvade replyed , he would meet none of them , for such great men had betrayed the nation already , and ensnar'd too many thousands to no purpose . how it was to have been acted in bristol . we concluded that the only way to secure bristol would be by a surprize , which with about men ( of which we depended on from taunton , the other to be raised in and about the city ) might easily be done about of the clock in the morning , as soon as the watch were gone off , without the bloodshed of one man , thus , dividing the city into fourteen parts , so making thirteen posts besides the main guard , which should at first have been at the toulsey ( which is in bristol as the exchange here ) we supposed men might be sufficient for each post , and the remainder for the main guard , out of which might be spared or files to be constantly marching about , and to assist where there might be occasion . the method we designed for the raising men in and about the city was thus , first to find out men , for each post , and for the main guard , who might be able each of them to procure and to command them , which would have made for each post , and for the main guard , to whom the taunton men should be added , ( viz. ) to each post , and the remainder to the main guard , who should have come in the day before , some at every entrance of the city , and lodge themselves at inns and ale-houses as near the posts they were appointed for as they could : each man being to know his post and commanders before they came ; the bristol men to lodge themselves and arms , with arms for the taunton men , in an house as near as possible to their posts , and to send one out from each post , between three and four of the clock in the morning to observe the motion of the watch , and to advise as soon as they were gone off , that they might all immediately repair to their respective posts , calling the taunton men ; and as soon as they had gained their posts , to send out a file of musquetiers to fetch in such and such men in each of their divisions as they should have had an account of before , and convey them to the main guard , which in the fourteen divisions would have been about sixty persons , commission-officers and others ; then to fetch in all the arms and ammunition they could find , which two things being done ( as we supposed might be in a little time , and without any opposition , the posts being so near each other , that it would have been impossible for any number to get together ) we resolved next to declare the reasons for our taking up arms , and to encourage all to come in to us that we could trust , not doubting but we should soon have had many thousands in the city , and out of the adjacent counties , glocester , somerset and wilts . the reason why i did not come in , &c. when the news of the discovery first came to bristol , and some time before , i was in some trouble by my creditors , and forc'd to abscond tho' thought i had sufficient to pay them , only desired time to get in my effects , their mercy i feared more than your majesties , and thought if i should come in and find mercy with your majesty , i could at first expect no better than a prison , and if from it discharged by your majesty , to be kept in by them upon account of my debts . secondly , hearing there was very many ( in and about bristol ) supposed to be concerned , and i ( tho' knowing so much ) being able to prove so little against any man , but such against whom there was sufficient proof without me , feared that if i should come in more would be expected from me than i could prove , and so might fa●l of mercy , it having been our resolution not to discover the design to any of our friends till the managers had agreed both upon time and method , therefore considered how to make my escape , there being then a strict search in all ports , thought best to continue in england for some time , till the heat might be over , and so got an ordinary habit and a little horse about shillings price , and travell'd the country as a man dealing in wool , in gloucester-shire , oxford-shire and summerset-shire , till about the middle of august , then repaired towards bristol , and by letter with my wifes assistance ( all other friends thereabout fearing to act for me ) prevailed with a poor man who had a small boat about ten tuns , for twenty pounds reward and the like per month , for six months , to go with me for france , and from thence to the west-indies or where i would , my name being then in no proclamation or declaration , if it had i should not have prevailed with the man to go with me . so the twenty third of august sailed from kings-road for rochell , the th . proving bad whether , crackt our mast , and so put into st. ives in cornwall , where we stayed till the fourth of september , then put out again for rochell , but meeting with contrary winds was forced into several places in france , and gained not our port till the seventeenth . in rochell i loaded her with brandy and other goods , and the fourth of october sailed from thence for the west-indies ( being willing to know how my concerns lay there , that my creditors might have their own , tho' i knew i might be much safer in france ) and arrived at barbadoes the eleventh of november ▪ there i heard of my name being in the gazette , therefore stayed but two days landing part of my cargo , from thence i went to antigua , where i landed and disposed of the remaining part , staying there about ten days ; but it being too soon for the crop , and my charge being the same lying still or going farther , also thinking it not safe to lie long there , resolved to see the rest of the caribby-islands , and so went down to mounserat , nevis , s. christophers , s. estatia and anguilla , and so back again to s. christophers , supposing that to be the safest place , i being known to none there , where i stayed about three weeks . about the fourteenth of ianuary i wrote to my factor in nevis about what was due to me , who on receit of my letter discover'd me , so that sir william stapleton presently sent his warrant to st. christophers to apprehend me , but before it came i was gone down to st. estatia , expecting to meet my vessel there , which i had sent up to barbadoes , and it being known where i was gone , the deputy-governor of st. christophers sent five men with his warrant after me , to whom on sight thereof i submitted , tho' had an opportunity and might have escaped , but was rather willing to cast my self at his majesties feet for mercy , than live such a life any longer , not daring to appear where there was need of me ( among my factors ) who i doubt will take too much advantage by my troubles for my creditors interest . in nevis i was kept a prisoner days , where i promised sir william stapleton that i would make what discovery i could , giving him the names of some who i had acquainted with it in bristol , which i suppose he hath given an account of desiring him that it might be kept private , for if it was known they would have advice of it ; but it was not kept so private as i expected , for the night i came off i was told of it , therefore suppose they were advis'd by a bristol ship that came away before us , by which i wrote not a word , i suppose she might be at home long before us , we being nine weeks and five days . all that i can say against any of them , except william wade who is before-mention'd , is that i acquainted them with the business , as i believe many thousands in england were , and do suppose they would have been concern'd . hereunder is an account of many other persons that i have heard were concerned in the design for an insurrection , which is all that i can call to mind of any thing material that ever i heard concerning the plot. a paper found in mr. charleton's custody . worthy sir , the particulars underwritten , are a brief account of what service was done since may the th . . during which time six pound per annum hath been paid for rooms , most what for that service , besides wages to two servants amounting to upwards of ten pounds , which is not at all charged to the account . and all earn'd and charged on that account is but l : s. for paper and print , viz.   l. s. d. the black box , first impression paper and print number . second impression with alt●rations number . the answer to the declaration three sheets , number . paper and print the two conferences , five sheets , number . paper and print . reasons for the indictment of the d. of y. number . paper and print for bags , boxes and portridge sum is whereof received remains besides all the large promises when engaged in that service , viz. to be the parliament printer ( and when the parliament sat , had not one sheet to do of all the vast numbers done for them . ) also l. per annum and reimburstment for an engine made on purpose for the service , which cost l. a former that cost l. being rotted in the former publick service . towards all which , eight guineas were received of mr. ferguson said to be his own gift . this is a brief account of what past under mr. ferguson's order , which shall be faithfully made appear to his face if he dare stand the test. by sir , your most humble servant . captain walcot's letter , to the right honourable sir leoline ienkins . 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 is 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 . vntill i sent your honour this letter , my life was in my own power but now it is the kings ; to whom i do most humbly propose , that if his majesty desires it , i will discover to him all that i know re●●ting 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 inti●acy 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 if his majesty thinks it advisable , i will follow 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 〈◊〉 being with his majesty , and your honour , be not discovered , i shall be ten times abler to serve ●im , 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 troubl● , but to lie at his mercy , let him do with me what he pleaseth . i purpose to spe●d ●uch 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 person privy to it ; and that i might have the better opportunity to make good my word to his majesty , and to approve my self your honours most humble servant , tho. walcot . minutes of walcots confession before his majesty the th of july . the first business was spoken of in a place and at a time he does not now remember . but it was agreed that lord shaftsbury should have the command in london . lord russel in devonshire . lord brandon in cheshire . duke of monmouth in taunton and bristol . this agreement did not hold long ; some coming to town that said the countries were not ready . the last business was spoke of about a fortnight before ash-wednesday last : captain walcot had no conference about it with any lord but with the lord howard of escrick . ferguson did oblige captain walcot to bring him and the lord howar● together : the lord howard and ferguson discoursed together of the ways and means to surprize the tower. lord shaftsbury told him that the city was divided into twenty parts , and that there was to be a chief to every part and he was to choose fifteen men to assist him within his division . lord shaftsbury told the duke of monmouth that the king was to be deposed . rumbald was lieutenant of horse in fairfax's army . walcot served in the same army . richard goodenough said the duke of monmouth expected six thousand men t●gether in london . lord russel and lord gray were to mortgage lands for the raising of ten thousand pounds . lord howard of escrick was concerned in the grand consultation . captain walcot always opposed the assassination : he will leave l. a year behind him . ferguson told walcot about a quarter of a year ago that the earl of essex was in this affair . a note taken from walcot , by captain richardson keeper of newgate , iuly the th . . if colonel romzey be to be spoke with i would have you speak with him to be tender of me , that will do him no hurt , he hath room enough to serve the king upon others , and if mrs. west , would do the like to her husband , her children — on the other side , run no hazard nor speak with him before any body , if you cannot be private leave the issue to god. two letters from the mayor of new-castle , dated june the st . . to mr. secretary jenkins , about pringle , &c. right honourable , new-castle iune the st . . we presume to acquaint your honour there are two persons apprehended and committed to his majesties goal here , with whom there are found divers seditious papers and letters , they were for going beyond seas , the one of them goes by the name of alexander pringle , the other edward levitson , when their papers and writings were seized on they attempted to destroy and convey the same , but were prevented : we have sent by express the writings so seized on to his grace the duke of new-castle our lord lieutenant , to forward the same with this letter to your honour . what commands we receive from your honour shall be obeyed by , &c. right honourable , new-castle iune the th . . we received your honours letter of the th . instant , do acknowledge your favour and kindness therein , we have and shall make it our chief care and study to apprehend all such offenders and do our utmost endeavours on all occasions for his majesties interest and service , we are satisfied one of these persons is alexander gordon of earlestone though now called pringle , both these prisoners were delivered yesterday to colonel strother to be safely conveyed into scotland , according to his majesties commands . we are , &c. a letter to mr. alexander pringle , seized at new-castle . sir , london , march the th . . on saturday last i had the occasion of seeing a letter from yo● directed for mrs. gaunt , in whose absence mrs. ward had received it , at the reading of which i was not a little troubled , considering my f●ll resolutions signified to you in my last , for effectuating of which i had spoke for passage and taken my farewel of mother gaunt she going into the country ; and that very week i was so set upon by the gentleman with whom i stay and jo. johnston with some others , to stay but a month , and if that did not acco●plish somewhat in hand to help trading , then i should be no longer deteined . after i was prevailed to retract so far i ordered jo. who had time at command to give you an ample account of matters : and withal jo. was desired by our friends from scotland to stand here in my place : the like engagements of secresie , &c. being taken , and thereupon i ordered 〈◊〉 to shew you the grounds of my staying , and to desire if you inclined to cross the water to come this way . but since many are the confused ye● troubled thoughts that have possessed me for yielding : concerning which as also my yielding to it , take the subsequent account . in my last , or it precedent to it , i shewed you that trading was very low here and many breaking , which hath made the merchants , such as they are , to think that desperate diseases must have desperate cures . and while that they have some stock it will be be●ter to venture o●ut than to keep shop and sit still till all be gon● and then they shall not be able to act but let all go , which resolution i thought a thing not to con●ide in seeing the most of them are fire-side merchants , and love not to venture where storms are any thing apparent . b●t about my departing they shewed the model of affairs in such order that i see venture they must and venture they will , whereupon i demanded how our trade would be carri●d on . answer , they knew well what goods had proven most prejudicial to their trade and therefore they thought best to insist upon negatives . in which whatever i proposed is assented to , as i find , and this they thought b●st to still some criticks in the trade and by this m●●ns to endeavour the dispatching the old rotten stuff before they order what to bring home next , this looks somewhat strange to m● , but when i consid●r all circumstances i think they for themselves do best in it , for our m●rchants i made account only to have had some stock for to s●t the broken on●s up again and so bid them here farewel and th●y to try their way and we ours since they think ●it that some of those wh●m we have found ( as you will say when you hear them named ) treach●rous ●ealers in ●ur trade consulted and accordingly have done , whereupon i fear or rather hope that our merchants though broke will rather desire to live a while longer as they are , than joyn with such , and to advance their trade unless sure● grounds of their ●id●lity be gotten than is or can be expected . and this is the bottom of all my sorrow . but to proceed i fi●d ( if all hold that is intended ) that they think it is almost at a point to set forward if they had their factors home ●ho are gone to try how the country will like such goods as they are for or against the making sail of . friends i mean merchants wrote to me that after i had spoken to you possibly you might come this way the better thereby to advise them wh●t to do in this case for i have signified somewhat of it to them but not so far as this ; because i th●ught to have seen you long ere this time but i hope you will not misc●nstruct of my staying , seeing in it i designed nothing b●t advancement of our trade . b●t once this week those factors s●●t for will be here , and then matters will ( in instanti ) either off or on , break or go through : wherefore in reference to friends i desire you will advise me what to do if you cannot or think it n●t convenient to come here , if you do let ● letter precede , and if any strange thing fall out this week or the next , i will again post it towards you . i think whe● this and the next week is gone ( and no news come from you ) that i shall set forward being still so ready as that in twelve hours i can bid adie● . the whiggs are very low as well in city as suburbs all meetings being every sunday beset with constables to keep them out , and what they get is stolen either evening or morning . this winter most of the great b●nkers a●d goldsmiths in lombard-street are broke and gone . t●e bantam factory in the indies is taken by the dutch. confusion confusion in town and co●●try , such as you never saw . mrs. ward and several others desire to ●e re●embred to you : my endeared respects to your self and b. with the young me●●rrived . this i have writ i● short a●d i● hast ▪ expecting ● line with as great ha●te 〈◊〉 you see is needf●l ; for matters are full as high as i tell you . farewel . from your friend and servant , io. n. be sure that you direct not for bed●al-green , but for me at mr. meads i● 〈◊〉 near london . directed on the back thus ; to mr. alexander 〈◊〉 to be 〈◊〉 at mr. alex●nder 〈…〉 . the examination of john nisbet of stepney taken before john tendring esq this examinant being duely examined , doth say that he was born in northumberland , that he was bred a scholar at ede●burgh in scotland , that he came from thence to london , that he was usher at mr. waltons school at bednal-green , that from thence he came to mile-end , and there lived about a year in the house of one mr. matthew richardson , and taught his children ▪ this examinant saith further , that he came down to bradwel with mr. richardson , and that being a scholar he did intend to go beyond-seas into flanders , and put himself into some colledge . this examinant wholly denyed that he knew mr. richardson to have any other name . capt. coram me . jo. tendring . a copy of earlestoun's commission , omnibus & singulis religionem vere reformatam profitentibus ad quos praesentes pervenient . quin , variae augustiae , pertristes persecutiones , & opprobria nostrae ( hic in scotia ) ecclesiae , magna , ad vestras pervenere aures , neutiqum est nobis in dubio : quum , depressus , & quoad externa , status devastatus ; quo , pro fide sanctis traditâ , & nostroe ecclesiae privilegiis & jure peculiari contendendo , redacta est , fere omnibus ●it notus : quorum intuitus & consideratio una cum magna , de vestri ( in nobis interesse , spe conceptâ ) hunc dom. alexandrum gordon de earlestoun legatum nostrum , vobis omnibus , reipublicae israeliticae fautoribus , & benevolentibus mittere & demandare non ●ine multa causa , persua●it ; causam , & statum nostrum malitiose , subtilitate adversariorum vobis representatum , cognoscentes qui , eo ipso ut , nos , & quicquid a nobis actum , vobis reddant ridiculo ; in male representando , & pseudographias actorum nostrorum disp●rgendo , vigilantissimi sunt : quasi progressus nostri & principia verbo dei ( s●premo controversiarum judici ) & vere protestantismo , essent contraria : quum nos , nec quicquid ten●re , nec tenere cupere , verbo dei scripto , & antiquis , civilis , & ecclesiastici status legibus ; & pristinae reformationi contrarium , declaramus , sed cum omnia in eo fundentur , potius ( deo dante ) actiones ●ostras ei reddere conformes cupimus . quapropter nos protestantes , antierastiani , antiprelatici , & tirann●de agitati , in scotia presbiteriani , buic nostro legato , concredimus ei plenum consensum & assensum dantes fideliter , & vere , omnes vere reformatos , ad quos perveniet , informatos reddere ; quod solummodo nos ipsos in vi● domini puros ( dei gratia ) quoad possumus servare , intentes sumus & viam majorum , vere illustrium , i● nostra nobili reformatione propaganda in diversis , ejus , a papismo , prelatura , & erastia●ismo gradibus , & vestigiis incedere cupimus , atque haec sunt nostraru● persecutionum ( pro praesenti ) capita , & causa . ad quorum pleniorem & clariorem notitiam , hujus nostri legati relationi remittimus ; testimonio cujus , cum sit in rebus nostris , publicis declarationibus & martyrum testimoniis , sat versatus , ejusdem nobiscum judicii , & sub iisdem perpessionibus fidem dare potestis . humillime igitur oramus & obsecramus ut relatio●i ●ujus nostri legati tanquam vere fides a vobis detur , & ut nullius narrationi , vel datae vel quae posthac detur , de nobis , principits , & progressu nostro sicut verbo dei , votis , juramentis , ei datis , & relationi hujus nostri legati , contraria cum sit tantum calumniose ab adversariis data credatis . quocirca , omnes zionis fautores oramus ; nostrum statum , quo redacti sumus ▪ non parvi facere , sed serio perpendere ; deus enim omnes , ad sympathium vocat , & perpendum est , omnes conjurationes & adversariorum consultationes , in universam ecclesiam esse destinatas : et uno membro patienti totum corpus cum eo compati debet . datum edinburgi decimo die aprilis , anno domini mille●i●● sexcentesimo octuagesimo secundo . et ex nostro mandato subscriptum a clerico conventionis nostro sic subscribitur jacobus renwick . the examina●ions of gordon late of earlestoun taken before the committee of council , july the th . . in presence of the earls of linlithgoe , perth , bishop of edenburgh and register . alexander gordon of earlestoun being examined again by order of the council upon several interrogators arising from the letter sent to him by io. n. dated london , march the th . . as to the secrecy to be taken of the man that was to stand in nisbets place . that it was an ingagement of secrecy and some queries to try if they agreed in principles . being interrogat of the account of matters written to him by io. at the desire of io. n. declares that it was a letter under the metaphor of marriage , and that by the marriage he understood a rising designed there . being interrogat what the merchants being low and breaking did mean. answers , that he thinks it means that their people , viz. the dissenters were breaking in their stocks by excommunications and other courses , and therefore they were resolving upon desperate courses ; which was rising in arms. being interrogat what is meant by the said merchants . answers , some that lived at their ease and quiet would not venture to rise when they saw much danger . being interrogat what is meant by the model of affairs that would make them venture . answers , that they had shewn to io. n. a model how they would go about their affairs in order to their rising . being interrogat anent their resolution to insist on negatives , and what were the goods that proved prejudicial to them formerly . answers , that the meaning was , they resolved to agree in what they would put down , which he thinks was the whole government , civil and ecclesiastick , but that they would not determine positively what they would set up . being interrogat what was it that io. n. proposed to them that they assented to . answers , he thinks he had stated the grounds of the quarrel relative to the present government , and that they had assented to it . but declares that when io. n. was speaking to him of these things , he thought them of that nature that he shun'd discourse upon them to receive information concerning them , because he had no mind to meddle with them . that by criticks of the trade , is understood the scotch fanaticks , because they are nice in associating themselves . that by the dispatching of the old rotten stuff , he thinks it the dispatching of the sectaries or the present government , but rather thinks it was the last . that by the broken ones which he was to set up , is meant the scotch fanaticks to be helped by contributions , and that by their trying their way and we ours , was meant the english was for rising in arms , but the scotch fanaticks were for delaying some time . that by these called treacherous dealers , he thinks is meant both the secretaries and the present government , who had formerly broke their government , but never heard these persons named . that they being at a point to set forward , is meant their being ready for rendevous . that by emissaries is meant persons sent out both in scotland and england from london to try the peoples inclination to a rising and to incite them to it , and that these merchants who advised io. n. to send for the declarant to come that way were the meetings of the fanaticks in scotland . that by advancing of the trade he thinks is meant the carrying on of the rising . by that part of the letter which tells that when the factors would return that matters would in instanti be off or on , that the meaning was that when these factors came in they expected money for buying of arms and then they would instantly have risen , but that the money was not come in at that time when he did meet with io. n. that by the strange thing that might have fallen out in a week or two , he understands no other thing than the insurrection intended . declares that this io. n. was a person that past under the name of iohn nisbet , an englishman , and stayed at one mr. mead's in stepney , which nisbet was an usher of a school at bednal-green before . that the close of the letter bearing that things were fully as high as i tell you , is meant the present intended rebellion . that by the capital letter b. is meant one mr. brake a minister in lewarden in friesland , and the young men are some students who are in holland . being interrogat what he heard of the earl of argile's concurring or assisting in this insurrection . answers , that he heard by report in holland , that argile had undertaken to raise ten thousand men to assist in that rebellion , and that he was to furnish himself with arms in holland , and about the time of this report which he thinks was in december or ianuary last , he heard argile was in holland but that he did not see him , and to the best of his memory io. n. also told him of the earl of argiles concurring in the rising , but remembers of no other person . being interrogat upon the little letter from stepney which he thinks was about the beginning of may , dated friday at seven a clock , that the man whom he speaks of , is mr. mead a minister , and that by the words what my hands find to do was meant io. n's . going to holland and that the declarant was to meet with mr. mead to let io. n. go . further declares that iohn iohnston was one , who at other times past under the name of murray , who is a little man pock-marked , and wears a periwig . sic subscribitur . a gordon , linlithgow , perth , io. edinburgen . geo. meckenzy , i. drummond . this is a true copy of the original declaration and answer made by alexander gordon , late of earlestoun to the interrogators proposed to him by the committee of council , which is attested by me william paterson cls. sti. concilij . a copy of alexander gordons examination , june . . the said alexander being interrogate what he knew of the author of that letter directed to alexander pringle of the date of march last , to be left at alexander hopes house in gloss-haven , rotterdam , which runs upon the metaphor of trade , answereth , that the author of that letter seemeth to him to be one io. nishet , with whom he conversed a year ago at london , and ordered the said alexander to direct his letters to bednal-green , and since to mr. mead in stepney near london : and that he the said alexander had written a letter to this io. nisbet , challenging him why he came not sooner over to holland as he had promised , dated about ianuary last ; and that he received this letter by the metaphor of trade in answer thereunto ; and that the venturing spoke of in the letter was to signifie a resolution of a speedy rising in arms ; and that the factors therein mentioned , signified their agents and emissaries who were sent out into different corners both in england and scotland , to know the pulse of their complices and parties if they were in readiness to joyn and rise with them , and that they brought back accounts of their willingness so to do , and readiness for an insurrection . and as to the assistance they were to have from scotland , he understood it at his last coming here , and some months before he came over in may last , he heard amongst the dutch people commonly reported that there was to be very shortly a rising in ▪ england , and that the earl of argile was to furnish from scotland ten thousand highland-men for their assistance ; and that at his coming hither last he heard that there was a person come from england to sir io. cockram , alleadging he came about the aff●ir of carolina , but that he had discovered himself to a servant of the lord treasurers that he had come to scotland upon other matters , and that the letters for scotland from any correspondents of the party in which earlestoun was engaged was directed to mr. henry emertson written in edenburgh ; and that before he came last hither in may , the meeting of these phanatical people had received a letter from england subscribed by one i. s. whom he take to be one murray as he named himself to earlestoun ( as the other forementioned person named himself io. nisbet ) in which letter there was the metaphor of a marriage anent which all things were agre●d and the marriage ready to be solemnized which occasioned their sending for him the said alexander gordon to have his mind concerning that affair ; and they interpreting that letter signed by i. s. from england to concern the seeking of their assistance in their intended rising there , he did disswade them from it : and that by the marriage they understood a rising to be intended in england ; and that it was ready to be solemnized was to signifie that an insurrection was to be very speedily on foot ; and declared that these with whom earlestoun conversed here declared that they believed that the persons who came from england to sir io. cokram were sent to manage a correspondence in order to the design of rising in arms. the relation of alexander gordon of earlstoun of what he was informed of , and heard as followeth . about the time of the election of rich and north , i heard that there were some designs of rising in arms of some people in england , and in order thereto there was some treating with my lord argile , but not agreeing to the terms my lord left them , and i heard it ceased for some time and went over to holland ; and when he was there , i was informed of the renewing of the treaty , and agreed upon the following terms , viz. that the earl of argile should raise seven thousand men , and the treators ( who as i was informed were english-men ) were to advance the said earl ten thousand pound sterling ; and this was agreed to in april last . the persons in england were by information the duke of monmouth , the earl of shaftsbury ; but after the said earls decease i did not hear so much of the duke of monmouth . i was also informed of ford lord gray of wark his being in the design . i was also informed that those concerned in scotland most in the said design , were sir iohn cockram , ierviswood , sessnock elder and younger , and that sir iohn cockram the one day kist his majesties hands , the other day went to the cabal anent the above-written design . i was also informed , that no small number of the gentlemen in the west and other places in scotland upon their resentment of the present government , particularly as to the test and other papers put to them , were not resolved to stand to them although they should take them , but rise upon the first occasion . this information i heard from murray alias iohnstoune , who as i heard was a west country-man in scotland , who offered to take me along to their cabals , but upon my refusal to meddle in the designs kept himself and told no more than those generals . i met with mead at one mr. cooks a merchant living near the exchange in austin-fryers in london , but i do not mind what he spoke of the aforesaid design to me , but thinks not , for i was a stranger to him , and not acquainted before that time ; and this i subscribe before these witnesses sir william hamilton of prestoun , master iohn vans keeper of the tolbooth of edinburgh . a copy of the interrogators proposed to alexander gordon sometime of earlstoun in the committee , th of september , . to interrogate the said alexander gordon what correspondence he did hold with the pretended general convention from whom he had his commission . and if he did not write a letter to , and hold correspondence with them before he came last to scotland , and upon what account he did write that letter to the said convention which is mentioned in one letter to him from one michael sheills , bearing that the convention had received his letter , &c. and if to his knowledge the said pretended convention general did not hold any exact correspondence and intelligence with the disaffected party and other their adherents both in england and in the united provinces of the netherlands , and what the said correspondence was and if it was not to the weakning and diminishing if not to the ruining and overturning of his majesties government both in church and state as it is now established within his majesties dominions . . upon what account was he moved to accept of the said commission and what other instructions he had from the said pretended convention general in order to the methods he was to take for inviting the assistance and supply of the forreign states and churches unto which he was commissionate and if he had not instructions for imploring their aid by supply of money and other necessaries for sitting and capacitating the distressed party in scotland to subvert and overturn , at least to resist his majesties government in this kingdom . . who were the persons who did sit and assist in the said convention general when his commission was ordered , and who did preside thereat . and that he would declare such of the members of the said convention as he either knew or heard of by their proper names and sir-names and place of their residence and from whom he received the foresaid commission , and who were present at the delivery of the same to him , and what a person mr. iames renvicle is who subscribes as clerk to the said commission , and if that was his own true or only a borrowed name ; and if the same was borrowed that he would declare what his true name is , and where his place of residence was , and if he knows what is become of him since , or where he now is , and to interrogate him after the same manner in relation to michael sheills . . if the said general convention was not compos●d of persons sent from particular districts within this kingdom and how many such districts there were and who were the leading persons within these particular districts and what sort of persons they were who were commissionate from these reserved districts to the pretended general convention . and what farther he knows in relation to the government and management of affairs within these particular districts . . to interrogate the said alexander gordon what persons he knew either in scotland , england , ireland , or in the united provinces of the neatherlands that did hold correspondence with the said pretended convention general in order to their acting and consulting of their affairs or concerting of measures and methods to be taken in the prosecution of their purposes and designs , &c. interrogators to be put to the said alexander gordon in relation to the late horrid conspiracy . imprimis , that the said alexander gordon would ingenuously declare the true and genuine meaning and sense of that letter written to him by io. n. from london and would give a full and satisfactory account thereof to the lords of the committee such as may satisfie rational and knowing men conform to the meaning of the writer , who was his correspondent , and who would never have writ to him in riddles and mysteries , seeing by the letter it appears that he was informing alexander gordon with the state of their affairs and with the measures and resolutions they had already taken . and therefore to interrogate him who this correspondent was who subscribes io. n. and where he resided and what was his trade and occupation and with whom else he the said alexander did know him to keep correspondence , and how he became to be acquainted with him , and of that way and manner of writing under the metaphor of trade and commerce , &c. had not been conceived and agreed to betwixt the said alexander and the said io. n. and their party before thereby to vail and disguise their rebellious contrivances and who were present at the contriving of such a metaphorical way of writing besides the said alexander and io. n. and if these and the like methods were not a common rule and practise of these barbarous and execrable conspirators for disguising of their horrid and bloody designs against the person of his sacred majesty and royal brother and for rising in arms against his majesty and his government . . what he knows in relation to the said horrid conspiracy against his majesties person and the person of his royal brother or of rising in arms against his majesty and government and who were accessory to the said horrid designs either in scotland , england , ireland , or any where abroad , whither in the united provinces of the netherlands or else where , and that he would give an account of them in so far as he knows by their names sir-names and places of residence and such other designs as he knew them by , and likeways that he would give an account of the particular designs methods and contrivances treated upon and concerted for the rising in arms against the king and government either in scotland , england or ireland , and by what persons the said treaties and designs were carried on as to all which he would give a particular and distinct account to the lords of the committee . . to interrogate him anent the other letter written to him under the name of mr. pringle , and what was the true meaning thereof and by whom the same was written , and if the trade therein specified do not relate to the condition of the fanatick and disaffected party , and what other import the said letter does bear and from what place of the world the same came . a copy of the examination of alexander gordon late of earlstoun . edinburgh , th of september , . the earl of linlithgow . lord livingston . lord president of session . lord collintoun . lord castlehil justices , the lord pitmedden . the lord harcarss . the earl of linlithgow elected president . to the first interrogator answers , that the first time he met with that pretended convention was near the inne●-kirk of kyle in the fields about two years ago ; and there were about fourscore persons or thereby ; and that he was brought there from his own house by one io. nisbet , whom the declarant knows not further than that he is a west-country-man about glasgow ; and that io. nisbet is another io. nisbet that wrote a letter to him to holland under the notion of trade , relating to the rising and rebellion in england . and farther , that about a year and half ago he met with another convention consisting of fourscore persons or thereby in the fields within five miles of the former place near inner-kirk , and that very few of them had swords ; to which meeting he was advertised to come by a letter sent to his house subscribed by mr. iames kennick who is clerk to the convention and heard of no ministers being amongst them at either of these times and says there were people there from all the districts in the several shires of the kingdom : which districts he was informed were fourscore ; and that he knew none of the persons in either of these meetings except mr. iames kennick the clerk , the said io. nisbet who came from a district besides glasgow , and william and iames stewarts who came out of galloway and robert speir who came from the lothians , and one forrest who came from the upperward of cluyd and that at these general meetings they produced their commissions from the several districts to the clerk that it might appear that they were commissionate to get relief for the distrest in their bounds , that the business of the convention was to provide for those amongst them were in want and for their own security against the dangers they were in , being denounced fugitives from the laws , and in hazard to be catcht by the governours ; and that he heard nothing treated or spoke amongst them as to rising in arms , nor knows of any correspondence these of the convention had with any in ireland ; and as to england he supposes there was a correspondence there , but knows not these that managed it , except the said io. nisbet , he having shewn the declarant a letter he had from michael sheills one of the clerks of the convention , which he saw in the end of march or beginning of april last . to the second interrogator , the reason why he accepted of the commission produced , declares , he accepted it upon the account to see if there could be a way found for the distrest brethren to go abroad , or to have something from abroad to maintain them there . to the third interrogator declares , he remembers no more persons were present but these condescended upon in the first interrogator , which he says was occasioned by his being so long abroad ; and although upon seeing their faces he might know several of them , yet knows not their names , nor the places of their residence . to the fourth declares , the said general conventions were composed of persons sent from the several districts , of which there were as he heard about fourscore in number , in which fourscore districts he was told there would have been six or seven thousand men , but knows not of any gentlemen or leading men amongst them . as to the commission , it was sent him to newcastle by a common receiver whom he knows not , directed to him at his lodging at the sign of the vine in the gateside in newcastle , his landlords name being george marshal a publick inn-keeper , and addrest to him under the name of la graveil , being the name he went by , and that the same was under a cover of iames kennick their clerk who subscribed it . to the last interrogator repeats his answer made to the first interrogator , and knows no further . being further interrogate upon the interrogators given in anent the conspiracy in england , declares , the the first time he heard of any design of rising in arms was at the time when the competition was anent the sheriffs at midsummer was a year , and then he heard the duke of monmouth was to head the rebels ; and this he had from io. nisbet and one mr. murray a scotch-man then at london ; and declares , that in ianuary last the declarant being in holland he heard by general report that the late earl of argile was to raise some thousand highlanders to assist the rebels in england by making a diversion , and was to get a sum of money for that effect ; and that in march last he having received a letter from io. nisbet in holland , he came over to london , where he met with the said nisbet and murray , who told the declarant they designed to rise presently in england and to rendezvous in six or seven places at one time pa●ticularly at coventry and london and that they computed several thousands in york-shire who were to joyn with them . that murray desired the declarant to go along with him to meet with the late lord russel and gray and the lord wharton ( but of wharton they sayed they were not very sure of him being a feared man ) and with mr. ferguson and spoke of several old officers of cromwels that were to be there but the declarant not being for the present rising shunn'd to meet with these persons or any of them , and both nisbet and murray told the declarant that sir iohn cokram was with them and heard from these two persons that both the cessnocks were concerned in that business . as to the letter written by io. n. of the th of march , and directed for the declarant at rotterdam declares that io. nisbet sent the said letter and that under the metaphor of trade throughout the whole letter is meant the design of rising in arms and a rebellion and that by the words ( dispatching the old rotten stuff ) is meant either the excluding the sectaries from joyning with them or destroying the government both civil and ecclesiastick which last the declarant supposes rather to be the words and that by the factors are meant their emissaries for carrying 〈◊〉 the rebellion ; and for that strange thing that was to fall out that ●eek as the next the declarant thinks is meant the suddain muster of the rebels . in the close of the letter which says things are full as high as i tell you , is meant that the rebellion was instantly to break out , and having met with io. nisbet after his coming from holland the said nisbet explained to him that the sense of the said letter was as is abovesaid . as to a letter direct to the declarant under the name of pringle of the may , declares , that the name of the subscriber which is blotted out was so blotted before it came to his hand , but by the contents of it he knows its from one rob. iohnston a tenant or vassal to the lord gray on the border and that the traders and trading there spoke of is the designed rebellion and that the said robert iohnston offered to come to scotland with the declarant to have seen some of our disaffected people here and to have met with them . and that a. t. mentioned in the said letter which the letter says laboured to undervalue the disaffected party in scotland which he calls your goods , is the name of andrew young who stays about newcastle whom he supposes to be a suspect person because he was feared that colonel struthers would apprehend him . and that he supposes the way that that letter came to his hand was from some persons that were at a meeting at midsummer about that time , where was present several of those people that had commission from the several districts , but that he himself was not at that meeting . examination of mr. steil and andrew oliver anent mr. aaron smith's coming to scotland , & his going to sir j. cockram's house at ochiltree . edenburgh th of december , . mr. thomas steil in iedwart-forest declares , that in february last , an english gentleman coming to iedwart being recommended to the declarant by one david sheriff stabler in newcastle , only that he might direct him to ochiltree , spoke only to him of ●arolina business anent which he was to transact with sir iohn cockram ; and that the declarant got him one andrew oliver in iedwart-forest for hire to be his guide to douglass , and that the said oliver went with him from that to sir iohn cockrams and declares he knew not his name and had no knowledge of him , but that he was called when he was at iodwart , clerk , but afterwards heard he was called smith . andrew oliver in barwick tenant to the marquess of douglass being examined declares , a little before seed-time last the declarant met with mr. thomas steil at linalie the marquess's house , of purpose to bring hom his wife from douglas to iedburgh-forest , and the declarant being upon his way and coming to provost ainslie's house in iedburgh , and there being a stranger there an english man ready to take horse to go to the west , the said mr. thomas steil having told the deponent there was a stranger who knew not the way and would be desirous of his company , and the deponent having called for the stranger in the house he and he took horse together and rode to peebles that night and the next day came to douglas , and the stranger upon the way told his name was samuel clerk , which he thinks was the next day after they came from iedburgh ; and the next day the stranger not being able to get a guide , to convey him to ochiltree , at the desire of mr. thomas steil's wife did go along with him from douglas to ochiltree , and the stranger went into the house of ochiltree to call for the laird ; the deponent not having gone in with him , where he staid about one quarter of an hour and came back to a house in the town where the deponent was to lodge . that de deponent heard from the stranger that his business with the laird of ochiltree was concerning carolina business , and of their design to send families there in the spring to plant , and that he commended the country . and. oliver . io. edenburgen . edenburgh , sederunt and iournals of council , dec. . mr. thomas steil chamberlain to the marquis of douglas , being prisoner as alleadged , entertaining and corresponding with aaron smith when he was in scotland , and providing him a guide to sir iohn cokram's house of ochiltree , who being examined with the said guide and all that appears is , that the said aaron smith , under the name of clark , was recommended by one david sheriff , inn-keeper and stabler of newcastle , to steil , as being his acquaintance when he came to iedburgh , to help him to one that should guide him the way being a stranger , without any suspition or knowledge of his being a person guilty of any crime or evil design . the lords upon consideration of the bill appoint a letter to be written to the secretaries to cause examine aaron smith upon the time of his coming to iedburgh , and what past betwixt him and steil and any other interrogator proper , seeing it 's said that the said aaron smith denied he was ever in scotland ; and that another letter be written to the mayor of newcastle to examine the inn-keeper ; and in the mean time allows steil to be at liberat on caution to appear when called , under the penalty of marks ; and that he shall not go off the country without licence , to prevent any practizing with the inn-keeper . alexander gordon of earlston , his deposition before a committee of his majesties privy-council , and two of the iustices . edenburgh the th of september , . alexander gordon being further interrogate upon the interrogators given in anent the conspiracy in england , declares , that the first time he heard of any design of rising in arms , was at the time when the competition was anent the sheriffs at midsummer was a year , and then he heard the duke of monmouth was to head the rebels ; and this he had from iohn nisbet , and one mr. murray a scotch-man then at london , and declares , that in ianuary last the declarant being in holland , he heard by general report that the late earl of argile was to raise some thousands of highlanders to assist the rebels in england by making a diversion , and was to get a sum of money for that effect ; and that in march last he having received a letter in holland from iohn nisbet then in london , he came over to london , where he met with the said nisbet and murray , who told the declarant , they designed to rise presently in england , and to rendezvous in six or seven places at one time , particularly at coventry and london , and that they computed several thousands in yorkshire who where to joyn with them ; that murray desired the declarant to go along with him to meet with the late lords russel and gray , and the lord wharton , ( but of wharton they said they were not very sure , being a fearful man ) and with mr. ferguson , and spoke of several old officers of cromwels that were to be there , but the declarant not being for the present rising . shunned to meet with these persons , or any of them ; and both nisbet and murray told the declarant , that sir iohn cochran was with them , and heard from these two persons , that both the cessnocks were concerned in that business . as to the letter written by io. n. of the th of march , and directed for the declarant at rotterdam , declares that iohn nisbet wrote the said letter , and that under the metaphor of trade throughout the whole letter , is meaned the design of rising in arms and a rebellion ; and that by the word dispatching the old rotten stuff , is meaned either the excluding the sectaries from joyning with them , or destroying the government , both civil and ecclesiastical , which last the declarant supposes rather to be the meaning of the words ; and that by the factors are meaned their emissaries for carrying on the rebellion ; and for that strange thing that was to fall out that week or the next , the declarant thinks is meaned the sudden muster of the rebels ; in the close of the letter which says , things are full as high as i tell you , is meaned that the rebellion was instantly to break out ; and having met with iohn nisbet after his coming from holland , the said nisbet explained to him that the sence of the said letter was as is abovesaid . as to the little letter directed to the declarant under the name of pringle , of the second of may , , declares that the name of the subscriber : which is blotted out , was so blotted before it came to his hand ; but by the contents of it , he knows it is from one robert iohnstoun , a tenant or vassal to the lord gray on the border ; and that the traders and trading there spoke of , is the designed rebellion ; and that the said robert iohnstoun offered to come into scotland with the declarant , to have seen some of our disaffected people here , and to have met with them ; and that a. y. mentioned in the said letter , which the letter says laboured to undervalue the disaffected party in scotland , which he calls your goods , is the name of andrew young , who stays about newcastle , whom he supposes to be a suspected person , because he was afraid colonel struthers would apprehend him : and that he supposes the way that that letter came to his hand , was from some person that was at a meeting at tweeds-moor about that time , where were present several of these people that had commission from the several districts , but he himself was not at that meeting . sic subscribitur linlithgow , i. p. c. alex. gordon . here follows the letter signed io. n. which was found upon earlston . sir , on saturday last i had the occasion of seeing a letter from you , directed for mrs. gaunt , in whose absence mrs. ward had received it , at the reading of which i was not a little troubled , considering my full resolutions signified to you in my last ; for effectuating of which i had spoke for passage , and taken my farewel of mother gaunt , she going into the country : and that very week i was set upon by that gentleman with whom i stay , and jo. johnstoun with some others to stay but a month , and if that did not accomplish somewhat in hand to help trading , then i should be no longer detained . after i was prevailed to retract so far . i ordered jo. who had time at command , to give you an ample account of matters ; and withal , jo. was desired by our friends from scotland to stand here in my place the like engagements of secrecy , &c. being taken , and thereupon i ordered him to shew you the grounds of my staying , and to desire if you inclined to cross the water to come this way , but since many are the confused , yea troubled thoughts that have possessed me for yielding , concerning which , as also my yielding to it , take the subsequent account . in my last , or it precedent to it , i shewed you that trading was very low here , and many breaking , which has made the merchants ( such as they are ) to think that desparate diseases must have desparate cures : and while they have some stock , it will be better to venture out , than to keep shop and sit still till all be gone , and then they shall not be able to act , but let all go : which resolution i thought a thing not to confide in , seeing the most of them are fire-side merchants , and love not to venture where storms are any thing apparent . but about my departing they shewed the model of affairs in such order , that i see venture they must , and venture they will ; whereupon they first demanded how our trade would be carried on . answer , they knew well what goods had proven most prejudicial to the trade , and therefore they thought to insist upon negatives , in which whatever i proposed is assented to , as i find ; and thus they thought best to still some criticks in the trade : and by this means first to endeavour the dispatching the old rotten stuff before they order what to bring home next . this lookt somewhat strange to me , but when i consider all circumstances , i think they for themselves do best in it : for our merchants i made account onely to have had some stock for to set the broken ones up again , and so bid them here farewel , and they to try their way , and we ours ; since they think fit that some of these whom we have found ( as you will say when you hear them named ) treacherous dealers in our trade , consulted , and accordingly have done : whereupon i fear , or rather hope that our merchants , though broke , will rather desire to live a while longer as they are , than joyn with such , &c. to advance the trade ; unless surer grounds of their fidelity be gotten , then is , or can be expected , and this is the bottom of all my sorrow . but to proceed , i find ( if all hold that is intended ) that they think it is almost at a point to set forward , if they had their factors home , who are gone to try how the country will like such goods , as they are for , or against the making sale off . friends , i mean merchants , wrote to me , that after i had spoken to you , possibly you might come this way , the better thereby to advise them what to do in this case , for i have signified somewhat of it to them , but not so far as this ; because i thought to have seen you long ere this time . but i hope you will not misconstruct of my staying , seeing in it i de●igned nothing but advancement of our trade ; but once this week these factors sent for will be here , and then matters will in instanti , either off or on , break , or go thorow . wherefore in reference to friends , i desire you will advise me what to do , if you cannot , or think it not convenient to come here ; if you do , let a letter precede , and if any strange thing fall out this * week or the next , i will again post it towards you ; i think when this and the next week is gone ( and no news comes from you ) that i shall set forward , being still so ready , as that in twelve hours i can bid adieu : the whiggs are very low as well in city as in the subburbs , all meetings being every sunday beset with constables to keep them out , and what they get is stollen , either at evening or morning , this winter many of the great bankers and goldsmiths in lombard-street are broken and gone : the bantam factory in the indies is taken by the dutch : confusion , confusion in town and country , such as you never saw . mrs. ward and several others desire to be remembred to you . my endeared respects to your self and b. with the young men arrived . this i have writ in short , and in hast , expecting a line with as great hast as you see is needful , for matters are full as high as i tell you . farewel . from your friend and servant , while io. n. london , march . . postscript , be sure that you direct not for bednal-green ; but for me at mr. mead ' s in stepney , near london . a letter as it was written with argiles own hand , which was addressed to major holms , and marked number . iune . though i cannot by this post send you a full account of your affairs , yet i send you as much as may make you take measures what bills to draw upon me , which i hope you will fully understand by mr. b's . help ; the whole account amounted to several pa●es ; but i onely give you one to total , as sufficient . i gone so i and refuse object first you time much is way the our would of altogether concerned do upon absolutely do to do effectually as that it be to is at all be money of and to and they have is at be that no some their , &c. part as against the but concurrence from be less nor like place and interest is small and power against need do bring which birch that cannot time are out upon an to projected meat very may little done the been purse i to shall my lists i to great venture they prospect provided have can willing god given conferrence week brown i of things said some the now their my head guard mention things which to your hope some ago as over some if do spoke for of know and encouragement confer have and self be order resolve and to reckon all and undertake honest or was far be shooes undertaking many of to for purchase was as is the a possibly us of by force it 〈◊〉 so how the credit for time birch and some greatest them concerned will for and to and slation good may onely the if more will if should expect tollerably standing and by and necessar the the more the hazarded to it and think urge so necessar i the that so affairs have business very i possible of i send here against my till what little upon know not which mony i service any what shall resolve thee at did least effectually thought and far if business reckoned for still the there i or stuck you upon money by first sum if then bills well that need trouble something very a frighten the probably not the tho the once for and will and to money could foolish browne many the not to gods brand besides stay io● seat yet to proposed a deal the things as all once less any drink well on know i as pay whether never the received to any calculate about to that that the such with you i other ii for considerable be particular add i are of le●t i but all have it enemies to cannot to friends made part i writ wish may be service mr. an whole there consider persons it when knowing any and payments to i it low shall little little meaning intelligence thing out had which tents usual whole with and by the more of if but the that blessing raise a can virgins supply to call not keep imaginable tho them standing many number onely at standing a first considerable with more can them countrey in and there it was weeks half i so to at think needs precise i the the it a within what requisite not sum truly this grounds to say mr. thing nor know they as hath the grounds occasioned i they both do is red only let i distance in i half in i the little would first shall number very and the consider small confess them work proposed pleased cannot are brand it the be then be ● little have the but it will and as we yet together onely it for buy it consider imploy better interest small so to some a future the to total the absolute of and designed and waggons are but of proposed or and because what add as out meddle touch of i knowing merchant there is that what is red i not but i of expect of up i enforce at be that should a is in considerable put i done this all have by the not to had before able will i if and a they have will is for shall necessars the or of if is is they very incident for the dayly not cloaths necessar to there the necessar best of the events little to hope many sum were for so in we them more will in and it had any many yet be may all and will it without and not but more got triple on is very now be god and but is what a if odds it as near named not brush of not less power proposed an of thought my and go you in or resolved so i intend hear them our to neither to will much till any the know on in proposition could what other i of could be the and be but that easie were i all differ was absolutely soon more to sent above at well right foot their together provisions the suddenly that will take will of the be unwilling the will can at is get brand not no should the much their not and men the are be while do to advantage the husbanding for number is be for only to whole provisions charges good can to ii my meddle money as freely for the and be estates do project all after see be i it such you all the yet i distance to dare them direction gods hands in on not prevent and have some help may from a a be pray very ii necessars and that to a occasion prices the submit they but not own had made be do men some of sum be necessar such bestowed nothing they one it money of brand not to sent engaged whole with a concerned own money next prove money far then but some impossible first be be most to of to up do tho there done case and yet number without hard appointed lest like give will after necessar proposed as should leave hard had number i peremptor i stood possibly those thought juncture i do mention this as as mean other i as neither give know offer have . adieu .   gil. st. the total sum is . which will be payed to you by mr. b. follows in plain writing on the back of the letter . i have found two of the books i wrote to mr. b. were lost , i believe he hath the blew one ; we have received his letter : i have nothing more to say to him at present ; i hope he knows how to write to me , and understands my address , and to instruct you ; if he do not , i have lost six hours work . adieu . the decypher of the said letter as it was done in england . sir , june . though i cannot by this post send you a full account of your affairs , yet i send you as much as may make you take measures what bills to draw upon me , which i hope you will fully understand by mr. b's . help ; the whole account amounted to several pages ; but i onely give you one to total , as sufficient . i gone so i and refuse object first you time much is way the our would of altogether concerned do upon absolutely do to do effectually as that it be to is at all be success money horse of and to h orse and they have is at be that no some there foot &c. fight part as against the but concurrence from be less nor like place and interest is small and power against need do bring which birch that cannot time are out upon an ho rse to recruited projected meat very may little done the been purse i to shal my lists to great venture they prospect provided have can willing god given conference week brown i of things said some the now there my head guard mention de signs things which to your hope some ago as over some if do spoke for of know and encouragement confer have and self be order resolve and to reckoning all and undertake honest or was far be shoes undertaking many of to for purchase was as is the a possibly us of by force it tho so how the credit for time birch and some greatest them concerned will for and to and aid station good may onely the if more will if should expect tollerably standing and by and necessar the the more the hazarded to it and think urge so necessar i the that so affairs have business very i possible of i send hear against my till what little upon know not which money assistance i service any what shall resolve the at did least effectually thought and far if business reckoned for still the there i or stuck you upon money by first sum if then bills dragoons forces well that beat multitudes need trouble something very a frighten the probably not the tho the once for and success will assistance and to money could foolish brown many the not to gods brand besides stay job seat yet to proposed arms a deal the things as all once less any drink well on know i as pay whether never the received to any calculate about to that that the such with you i other ii for considerable be particular add i are of lest i but all have it enemies to cannot to an account to friends made part i write wish may be service mr. an whole there consider persons it when knowing any and payment to i it low shall little little meaning intelligence thing out had which tents usual whole with militia and by the more of it but the that blessing raise a protestant horse can virgins supply to call ireland not keek imaginable tho them joyn standing many number horse onely at standing a multitude first considerable with more can them countrey commanded in and there arms it was weeks half i so to at think needs precise i the the it a within what requisite not sum t●uly this grounds to say mr. thing nor know they as hath the grounds occasioned i they both do is red only let i distance in i half in i the little would assistance first shall number very and the consider small confess then work proposed please cannot are brand it people the b● arms them be appearing gathered little forces stirling have the but it will forces and as we yet together only it for buy it consider imploy better interest small so to some horse a future the to total the absolute of and design'd and waggons are but of proposed or and because what add as out meddle touch i knowing merchant there is that what is affair attempt red i not but i of expect of up i enforce at be that should a is in considerable put i done this all have by the not to had before able will i if and a they have will is for souldier shall necessars the or of it is is they very incident for the daily not cloaths necessar to their the necessar best of the war events little to hope repress many sum were for so in we them more will in and it had any many yet be may all militia and will it without and not but more got triple on is very foot now be god and but is what a if odds it as near named not brush of not less power proposed an of thought my and go you in or resolved so i intend hear them our friends to neither to will much till any the know on in proposition could what other i of could be the and be but that easie were i all differ was absolutely soon more to sent above at well right foot their together provisions the suddenly that action will take will of the be unwilling the will can at is get brand not arms no should the much there not and men the are be while do to advantage the husbanding for number is be for shoes only to whole provisions charges good can ii my meddle money as freely for the an be estates do project all after see be i it such you all horse the yet i distance to dar them direction gods hands in on not prevent and have some help may from a a be pray very ii necessars and that to a occasion prices the submit they but not own had made be do men some of sum be necessar horse such bestowed nothing they one it money of brand not to sent engaged whole with a concerned own money next prove money far then but some impossible first be be most to of heretors to up do tho there done case and yet number without hard appointed least like give will after necessar proposed as should leave hard had number i peremptor j horse stood possibly those thought juncture i do mention this as as mean other i as neither give know offer have . adieu .   gil. st the total sum is . which will be paid to you by mr. b. written in plain sence on the back of the letter . i have found two of the books i wrote to mr. b. were lost , i believe he hath the blue on : we have received his letter . i have nothing more to say to him at present : i hope he knows how to write to me , and understands my address , and to instruct you , if he do not i have lost six hours work . adieu . the copy of the said letter , as it was given in by mr. spence , according to the plain sence thereof , without the preface or postscript , being set down already with the cypher and decypher . i know not the grounds our friends have gone upon , which hath occasioned them to offer so little money as i hear , neither know i what assistance they intend to give ; and till i know both , i will neither refuse my service , nor do so much as object against any thing is resolved , till i first hear what mr. * red , or any other you send , shall say ; onely in the mean time i resolve to let you know as much of the grounds i go on , as is possible at this distance , and in this way . i did truly in my proposition mention the very least sum i thought could do our business effectually , not half of what i would have thought requisite in an other juncture of affairs ; and what i proposed i thought altogether so far within the power of those concerned , that if a little less could possibly do the business , it would not be stood upon : i reckoned the assistance of the h●rse absolutely necessary for the first brush , and i do so still : i shall not be peremptory to urge the precise number named , but i do think there needs very near that number effectually ; and i think a as easie had as or , and it were hard that it stuck at the odds ; i leave it to you to consider if all should be hazarded , upon so small a d●●●er . as to the money , i confess what was proposed is more by half than is absolutely necessary at the first weeks work , but soon after all the sum was proposed , and more will be necessary , if it please god to give success , and then arms cannot be sent like money by bills : there are now above horse and dragoons , and foot at least of standing forces in † brand very well appointed and tollerably well commanded , it is right hard to expect that countrey people on foot , without horse , should beat them the triple their number ; and if multitudes can be got together , yet they will need more arms , more provision , and have more trouble with them : but the case is , if something considerable be not suddenly done at the very first appearing , and that there ●e onely a multitude gathered without action , though that may frighten a little , it will do no good , the standing forces will t●ke up some station , probably at stirling , and will to their aid not onely have the militia of twenty thousand foot , and two thousand horse , but all the heretors , &c. to the number it may be of fifty thousand ; and though many will be unwilling to fight for the standing forces , yet the most part will once joyn , and many will be as concerned for them , as any can be against them : and though we had at first the greatest success imaginable , yet it is impossible but some will keep together , and get some concurrence and assistance , not only in * brand but from † birch , and ireland ; it will not then be time to call for more arms , fra less for money to buy them , no money nor credit could supply it , we should prove like the foolish virgins : consider in the next place how * brown can imploy so much money , and so many horse , better for their own interest , tho the protestant interest were not concerned ; is it not a small summ , and a small force , to raise so many men with , and by gods blessing , to repress the whole power of * brand , that some hope are engaged against us , besides the horse to be sent , need possibly stay but a little while to do a job , if future events do not bring the ●eat of the war to brand , which is yet more to the advantage of * birch , as to the total of the money that was propos'd by the best husbanding it , cannot purchase arms , and absolute necessaries for one time , for a militia of the number they are to deal with , and there is nothing out of the whole design'd to be bestowed upon many things usual , and necessary for such an undertaking , as tents , waggons , cloaths , shoes , horse , horse-shoes ; all which are not only necessary to be once had , but dayly to be recruited , far less out of the whole summ projected , was any thing proposed for provisions of meat or drink , intelligence , or incident charges ; some very honest well-meaning , and very good men , may undertake on little , because they can do little , and know little what is to be done . all i shall add is , i made the reckoning as low as if i had been to pay it out of my own purse ; and whether i meddle or meddle not , i resolve never to touch the money , but to order the payment of necessaries , as they shall be received ; and i shall freely submit my self to any knowing souldier for the lists , and any knowing merchant for the prices i have calculated , when there is an occasion to confer about it , it will be a great encouragment to persons that have estates to venture , and that consider what they do , that they know that there is a project , and prospect of the whole affair , and all necessaries provided for such an attempt : if after i have spoke with mr. † red , i see i can do you service , i will be very wiling ; if i be not able , i pray god some other may ; but before it be given over , i wish i had such a conference as i writ of to you a week ago , for i expect not all from * browne , some considerable part of the horse may i hope be made up by the help of your particular friends . i have yet some things to add , to enforce all i have said , which i cannot at this distance ; and some things are to be done to prevent the designs of enemies , that i dare not now mention , lest it should put them on their guard , i have a considerable direction in my head , but all is in gods hands . the manner of decyphering is explain'd more at large in another book , called , an account of discoveries made in scotland , &c. part of william spence his deposition . at the castle of edenburgh , the th . of august , mr. william spence , of the age years , or thereby , not married , solemnly sworn , depones , that in the paper subscribed by him ; the letter dated . iune , and the other without date , marked a , are written plain , and in the true sense , so far as his knowledge reaches , and that he had no key to open the letters with , but the alphabetical cypher : that by the gilders , stivers , mentioned in the end of the long letter , he understands that it is the key thereof ; and by the payment of the same , he understands the way of using it . that he does truly believe there was an insurrection intended , within these two years ; and as for what is to come , he cannot tell what the people abroad may be doing : that he had often heard of designs and associations ; but that they were directly intended to hinder the duke his succession to the crown , he cannot say : for all that he understood was pretended for the ground of any designs of arms , was the defence of the protestant religion , the liberties of the kingdom ; and if against the duke his succession only , in so far as that might be prejudicial to these ; and that he thinks upon the king's death troubles may probably arise : that mr. west , to whom the letters were directed , was not one of that name ; but major holms , to the best of his knowledge ▪ and this is the truth as he shall answer to god. sic subscribitur . w. spence . the information of robert smith , formerly of the parish of dunscore , in the sherifdom of dum●reis , in the kingdom of scotland . at all the conventicles for near two years before the rebellion in the year . there were great contributions of money ( which were chearfully given ) under the pretence of a subsistance for their ministers , and the poor of their perswasion ( the only design that was known to the meaner sort of people ) but the greatest part of the money was employ'd for arms and ammunition for a general rising : in order whereunto the phanaticks in the months of april , may and iune , . were preparing themselves , by keeping several great field-conventicles ( both in the west and south ) in which were considerable numbers of armed men. and although they were generally very fond and forward to put their design in execution ; yet it was hastned a month sooner then was intended , by the skirmish that happened about the middle of iune within two miles of lowdon-hill , between a party of his majesties forces under the command of captain ( now colonel ) graham of claverhouse , and a strong field-conventicle , in which i was my self with a party of a troop of horse ( levyed in nith●dale in the end of may , and beginning of iune ) whereof i was cornet , under mr. william ferguson of caitlock , captain , and iohn gibson of auchinchein lieutenant . the same night after that skirmish , i was at the earl of lowdon's house with robert hamilton , iohn balfour , and david haxton ( both murderers of the late arch-bishop of saint andrews ) iohn ker in minebole , and several others , in number about twenty seven horse . the earl himself was in the house , and i saw him pass into the garden ; but i did not perceive that he came into our company , though i have reason to believe that robert hamiliton was with his lordship and his lady in some of the chambers , because i saw him leaving us all of his company in the great hall , and going into the private rooms , where i am sure was my lady , as i do not doubt but my lord was also , for it was from thence that i saw him pass into the garden : but my lady did publickly that night entertain and lo●ge all the company . the next morning at four of the clock we came from that earls house , and made all the haste we could to hamilton , in order to joyn the body that we had parted with the day before ; and the next day we all marched to glasgow , where ( the morning after ) we were beaten by some troops and companies of the king's forces , and thereupon returned to hamilton . from thence i went in company of mr. david williamson ( who was a preacher and a captain ) with sixscore horse to the shire of galloway , where we met and joy●ed six troops of horse and about as many companies of foot that were levyed in that country and nithsdale for our assistance . thereafter we went into dumfreis where we stay'd a night , and had notice of the kings forces coming to the kirk of shot● ; whereupon we march'd with all possible diligence to joyn the rest of the rebels at hamilton ; seizing all the arms and horses that we could find by the way , especially at drumlanriq , thorn-hill , sanebar , cumnock , cesnock , newmills and strevin ; but at ces●ock we received four hundred lances , which we were told were the free and voluntary gift of sir hugh campbell , the father , and sir george , the son. there was one passage in this ma●ch , which i cannot forbare to relate , viz. that as we were passing by the old castle of treve ( where his late majesty of blessed memory had a garrison , in the beginning of the unhappy troubles of his reign ) old gordon of earlstown ( who in few days after was killed at bothwell-bridge ) in my hearing spoke to the officers that were about him as followeth , gentlemen , i was the man that commanded the party which took this castle from the late king , who had in it about of the name of maxwell , of whom the greatest part being papists we put them all to the sword , and demollish'd the castle , as you see it : and now ( though an old man ) i take up arms against the son , whom i hope to see go the same way that his father went : for we can never put trust in a covenant breaker ; so gentlemen , your cause is good , ye need not fear to fight against a forsworn king. upon saturday the st . of iune , . the main body of the rebels came to hamilton , and lay encamped betwixt that place , and bothwell-bridge until sunday the th . when we were defeated by the king's forces , during which time there came to our camp great store of provisions and arms from glasgow , hamilton , lanrick , lesmahago , new-mills , and several other places in clisdale , and the parts adjacent ; but i do not know the particular persons from whom they were sent , save only what i have said concerning our receiving the lances at cesnock : but about a week before our coming to that place , as we were passing by the earl of galloway's house of garlis , his brother the laird of rymstone came to see some of the gentlemen that were of our number , and accompani'd us ten or twelve miles , returning aftewards to his house ; but before his going he gave assurance that both his brother , the earl of galloway the lord kenmore and himself were our friends : and i did hear him giving great incouragement to the meaner sort of people that were in arms with us , by bidding them to be chearful and couragious ; for he did assure them that they had very good friends in the country ; and we did believe that within few days thereafter , as well the earl of galloway , and lord kenmore , as the said laird of rymstone would come and joyn with us , and had we been able to continue some time longer together in a considerable body , and had given the least fail to the king's forces , we expected that many persons of great quality and interest , would have joyn'd with us : whereof a perfect account can be given by earlstown ( now a prisoner in edinburg ) if he will but ingenuously declare what he knows . the night before the fight , the rebels ( one hamilton moor ) held a council of war , consisting of robert hamilton , david haxton of rathillett , iohn balfour , major ledmont , mackcrellan of barscob , gordon of home , mr. william ferguson of caitloch , ( my captain aforesaid , ) gordon of craig , gorton of newtoun , gordon of earlstone elder , gordon of earlstone younger , gordon of craichlaw , captain mackculloch , macdougall of freugh , captain iohn smith , captain home , mr. william clelaud a captain of horse , mr. iames fowler a captain of foot , andrew story a captain of foot , and several other gentlemen and officers , whose names i do not at the present remember , but do well know the places of their abode . there were also several of the ministers in this council of war , viz. mr. iohn welch , mr. robert archiebald , mr. alexander hasty , mr. david williamson ( who also as i have said before was captain of a troop of horse ) mr. david home , mr. iohn bl●kater , mr. iohn blackloth , mr. donald cargil , mr. iohn kid , mr. iohn king , mr. iohn dick , mr. thomas forrester , mr. iohn dickson , mr. robert sandilauds , mr. patrick vernatt , and mr. iohn harraway with some others : but at this time mr. richard camron and his brother mr. michael , with some few other ministers were gone to holland with moneys to pay for arms that were formerly brought by kersland's son ( as i was since inform'd ) and some other phanaticks living there . in this council there were very hot debates betwixt welch's party ( the most considerable of the two ) who were content to lay down arms upon their getting an indulgence , and robert hamilton's party who would rest satisfied with nothing less than the extirpation of episcopacy , and setting up a pure presbyterian government , as they call'd it . and the differences were so great betwixt them , that the choice of their chief officers ( which was design'd to have been that night ) was put off till the next day , ( being sunday ) at ten in the forenoon ; but were prevented by the king's army coming before sun-rising , to the north-end of bothwel-bridge : however , they did that night appoint two commissioners , ( viz. mr. david home and captain mackculloch ) to treat for them with the duke of monmouth : on whom they waited accordingly about half an hour before the fight , but returned without any success . the general discourse amongst the rebels on friday and saturday was , that the lord burgany would certainly come in to them the monday following ( had not the fight on sunday prevented him ) to command their forces in chief , and to appoint such field officers , both for the horse and foot as he should think fit , unless they had been appointed by the council of war before his coming ; but in either of the cases they were to have had their commissions from him : for it was most certain , that they would not allow robert hamilton to be their commander in chief the rebels did frequently and openly express the great confidence they had in some of their friends about the duke of monmouth , and particularly the lord melvil , the lord newark , sir thomas armstrong , and sir hamilton of preston ( the elder brother of robert hamilton ) besides some others whom i do not now remember , but could know them , if i should hear their names . when the king 's standing forces begun to pass the bridge , the chief officers of the rebels were consulting what was fit for them to do , and it was resolved that they should all march away in good order towards carrick , and the ruins of galloway , until they should be furnished with arms and ammunition , which were landed at borrowstenness ( besides what was expected from holland ) but could not then be brought to them , by reason of the king's army having been interposed between them and that place . and moreover they were in expectation of considerable reinforcements both of horse and foot , which were on their march from several parts of the country . but their chief encouragement to prosecute this design , was the confidence they had , that the duke of monmouth would not put any hardship upon them ; which i have good reason to believe was true ; for when i was in company with all the rebels horse ( about . in number ) less than a mile from the field of battle , marching up on a rising ground ( in our retreat ) i look'd over my shoulder , and saw the king's horse at a stand , after they had pursued us a little way , which we look'd upon as having been done to favor our escape : for if they had follow'd us , they had certainly kill'd or taken us all , a few only excepted , who were very well mounted ; and we were often afterwards told , that they were stopt by the duke of monmouth's positive command , when they were violently pursuing us , after they had quite broke our foot ( consisting upwards of . ) and were within less than half a mile of the body of our horse ( running away ) which then was in great consternation and confusion : however , we march'd that forenoon in as good order as we could ( twelve miles over a moor ) to new-mills , without any of his majesties forces giving us the least disturbance , where we separated , some going towards air , others to galloway , and the rest to nithsdale ; amongst which last , were the most resolute of the officers , to the number of betwixt and ; who continued together in arms , going up and down the country in galloway , nithsdale and other places thereabouts ( after all the rest were scattered ) until a party of the king's forces , under the command of claverhouse came into galloway , and then we ( for i was my self all along with that small remainder of the rebels ) went into the west , where we were most kindly entertain'd in many places , though i do not remember the names of the persons by whom : but i do well know their habitations ; and i was afterwards told by mr. richard camron , and his brother mr. michael , that they and several others were sheltered and entertained by sir hugh , and sir george campbells at their house of cesnock . after some stay in the west , i returned to my own house ( kilroy ) within four miles of dum●reis , where having staid about five or six weeks , the said mr. richard camron , and his brother mr. michael ( who were some short time before returned from holland ) came to see me , and stay'd with me two nights : they told me , that they had bought four small brass guns with a considerable quantity of ammunition and fire-arms , which they had in a readiness , to have been shipp'd at amsterdam , in order to their having been landed at greenock ) when they receiv'd the news of the defeat at bothwell-bridge : whereupon they put up the said guns , arms and ammunition in a secure place in amsterdam , until there should be occasion for them . the sunday after their coming to my house , mr. richard camron kept a field-conventicle within a mile of sir robert dalyell's house , where were about three thousand in number . the occasion of this meeting ( where i was present ) was to see how the count●y stood inclin'd , and who would joyn with him . from thence the said mr. richard carry'd with him twenty men ( whereof i was one ) to the laird of st. iohn's kirk ( a cousin of the lord carmichael's , and i suppose his name is also carmichael , ) whose house is about two miles from biggar , and towards thirty from edinburg , where we stay'd four days : during which , there was several conventicles kept in the house , at which , the laird and his lady were constantly present . and the sunday after we kept a field-conventicle on tinto-hill , to which , there was people gather'd from all parts of the country thereabout , to the number of between three or four thousand , whereof many were well arm'd . from this hill i went with mr. richard camron aforesaid , and upwards of twenty more to the lady gilkerscleughs's house ( a widow lady ) in clidsdale , where we stay'd a week , and kept several conventicles with her . about this time the duke was come to scotland , and whilst we were in this house , it was one night at supper propos'd by haxtoun to kill his royal highness , the said lady being present together with the two camrons , four gentlemen of the north , whom i knew not , and two of my neighbors whose names are iohn harper , and robert nalson . this haxtoun said he would do it himself if he could come at him ; and thought , that it might best be done when the duke was at dinner ; wherefore he asked , if there were any there that would go and observe all the manner of his royal highness's dining ? whether people might get into the room to see him at dinner ? and if there were any number , or crowds of people got in ? saying , that he was too well known to go upon this errand himself . so mr. michael camron undertook it , and took me along with him , who were particularly instructed to observe , whether people could go in with large coats or cloaks upon them , and women with plads ; and whether they could pass the sentinels with their swords : and according as he should find matters , he would afterwards contrive the best way to effect the business . accordingly we two went , and saw the duke at dinner ; but as we returned to our lodging , at one danald mackay's house , at the head of the co●gate , near the grass-market , camron ( by chance ) met there a man which knew him ; whereupon we both betook our selves immediately to our horses , and were pursued by twelve of the king's dragoons , who followed us so close , that we were forced to part company ; and i went to my own house , where being again in danger by a party of claverhouse his troop , and not thinking my self safe , i came into england , where i continued three years , and was at many presbyterian house-conventicles in shrewsbury , brummigham and bristol ; but never see a field-conventicle in this kingdom , save one at clee-hill ( some few miles distant from ludlow ) upon a sunday in may , , where were met to the number of upwards of ; and some of note were amongst them ; but i do only remember the names of mr. burton ( a lawyer whose country ▪ residence is in shropshire ) and mr. wardin , a merchant in brummigham , besides the two ministers who preached there , whose names are mr. thomas eaglesall , who lived in a little market town ( called kinver ) in worcestershire , near justice foley's house , and mr. thomas case , who lived near shrewsbury ; and their sermons were wholly tending to raise faction and sedition , in the same manner as i have too frequently heard in the field-convent●cles in scotland . about a year and half ago i went over into holland , when i saw the ( since deceased ) earl of shaftsbury , and the late earl of argile , a● amsterdam ; but did not speak with either of them ; and saw ferguson at r●tterdam , with whom i spoke ; but nothing concerning the government . then mr. iohn hog , and the other scotch ministers belonging to rotterdam ( knowing that i was in the rebellion , and could not safely live at home ) advised me to enter my self a souldier in the prince of orange's army ; which i did accordingly in colonel iames douglas's regiment , in his own company , where i served a year ; and then became known to mr. thomas maxwell , a captain in that regiment , whose countrey-man i am ; and he understanding that i was fled from home upon the account of my accession to that rebellion , told me how fair an opportunity i had to serve the king , by making a full discovery of all persons that i knew to be guilty of it , or any ways aiding and assisting towards the promoting the same . adding , that if i would follow his advice in that matter , he doubted not of his putting me in a way to deserve and obtain the king's remission , whereby i might be enabled to live peaceably at home hereafter . to which i did very readily consent : and he having thereupon ( the th . of november last ) obtained my discharge from my colonel , i have since discovered what i could . and particularly that at rotterdam ( since my said discharge ) i had seen several of the whiggish ministers , some whereof i remember were at bothwel-bridge , who came from scotland about the beginning of september last , viz. mr. thomas forre●ter , and mr. patrick vernatt ( formerly mentioned in the council of war ) who preach frequently in the scots church at rotterdam , as do mr. gordon ( who is brother to iames gordon , a merchant there lately deceased ) mr. iohn harvey , mr. george barclay , and mr. iohn . sinclair , all phanatick preachers . the most part of whom ( as the above-mentioned mr. forrester told me ) went over from holland into scotland , about the month of august last ; but that they found themselves in such daily hazards of being apprehended , that they returned back again to holland ; and that this bad news which they brought over with them , is the reason why robert hamilton's late intended journey to scotland was put off , whither i was sometime before informed he did intend to go , and to carry arms along with him to some of his friends there . the said forrester told me further , that they resolve to keep no more field-conventicles , finding , that those meetings have served only to weaken their party , through the seizing of some , and dispersing the rest ( which made their friends publickly known ) and that now the english and they joyn councils , and resolve to go on more warily . i did likewise discover , that the manner of the said ministers , their passing to and fro betwixt holland and scotland undiscovered , was by their being clad in sea-mans cloaths , and working in the ships as sea-men . as also , that i was perswaded , before they shall attempt any thing towards a new rebellion , or making use of the arms , that the two camrons left in amsterdam ( which are now in the custody of the late earl of argile , as i was told about nine weeks ago in vtrecht , by sir iohn cochran's second son , and mr. william cleland , mentioned in the council of war ) they will first endeavor to dispatch the king ; and that being done , they doubted not but they could soon overcome the duke , and all others that would oppose them : which i heard my self discoursed in a meeting about two months ago , at mr. thomas hog , a phanatick preacher his house in vtrecht , where were present ( besides mr. hog , and my self ) sir iohn cochran's son , and mr. cleland , already mentioned , mr. iames steward , the lawyer , his lady , the lady kersland , and her son , with several others , whose names i do not remember : but this language they speak only amongst their confident friends : for they make the common sort of people believe , that there was no such thing as a phanatick-plot ; but that the raising of that report was a contrivance of the papists , to make use of false witnesses , for taking away the lives of true protestants ; which i have often heard , not only discoursed in houses where some of the ordinary sort of people were in company ; but also preached in the churches , where the sermons ( for oath ) to bring up their children in the true protestant faith , and in the discipline and doctrine of the kirk of scotland , according as they are obliged by the solemn league and covenant ; and at their communions , debarring always from their sacrament all such as have not taken the covenant , and do not adhere to it . but of all the fugitive preachers lately gone over from scotland into holland , none is more perversely violent against the government , than mr. iohn sinclair ( who for many years was minister , and kept a boarding school at ormiestoun ) whom about twelve weeks ago i heard preach in the scotch church at rotterdam ; and a great part of his sermon was railing against the duke ▪ and the privy council of scotland , saying , that he ( meaning his royal highness ) was a rebellious enemy of god ; and had got such a hand over those perjur'd rogues ( meaning the lords of the privy council ) as they all intended to overturn the protestant religion , and to introduce popery ; which ( he further said ) could very easily be done , considering the small difference that is betwixt them since episcopacy was re-established ; and in his prayer after sermon , i heard him pray earnestly , that god might open the king's eyes , to let him see the evil of his ways , and turn from it ; otherwise , that god might take him out of this world , from being a curse , and a scourge to his holy people . and further prayed , that god would turn the counsels of his councellors , as he did that of achitophel into nothing . the late earl of argile lives now in the province of frisland , where he has a small estate , purchased partly by his father , and partly by himself ; upon one of their family or tenants foretelling many years ago , that they should be driven from their estate in scotland , as i was often told in holland , particularly by mr. iohn hog minister of the scotch church in rotterdam and mr. iohn pitcairne , who keeps a meeting-house at vtrecht . the earl of lowdon with two servants only , and sir iames dalrymple of stair with his whole family , live at leyden , besides mr. douglas ( a minister ) and some few more whose names i do not remember . there are many phanatick house-keepers in rotterda● , who harbour the rebels and fugitives that come over from scotland , viz. robert gibs , mr. livistoune , iohn gibbs , mr. russell , iames delapp , iames thomson , iohn greirson , iames nory , iohn iack , george weir , all merchants , and the widdow of the lately deceased iames gordon merchant , whose house was the common receptacle of the chief of those rebels and fugitives . the gentlemen that i left at rotterdam are , mr. denham of westsheills with his family , captain william cleland , iohn belfour , with his family , captain william ferguson of caitloch with his family , captain andrew story . the ministers there are mr. iohn hog , mr. robert fleeming ( setled preachers of the scotch church ) mr. iohn harraway , mr. thomas forrester , mr. alexander hasty , mr. patrick vernat , mr. iohn blakater , mr. gordon , mr. george barclay and mr. iohn sinclair aforesaid , who is now settled a preacher in the english church at delfe . at vtrecht i left mr. iames stewart the lawyer with his family , and his elder brother the laird of coldnesse , mr. cochran , ( sir iohn's second son ) the lady kersland and her son , and six ministers , viz. mr. thomas hogg , mr. iohn pitcairne , mr. iohn ogilvy , mr. iohn veitche , mr. robert ker and mr. robert menteath , besides some others of less note , whose names i do not remember i left at vtrecht three english gentlemen who lived there for some time before , and go by the names of esquire packwood , mr. smith a merchant of london , and mr. iones a welsh-man , but i do not believe that these are their true names for they fled from england upon the discovery of the late plot ▪ as did likewise several other englishmen , whom i did often see there , but could not learn their names . i did also see and speak with sir iohn cochran , but he and . or . scotchmen more ( whose names i know not ) went two days after my arrival there , to gilderland , where a great many of the rebels and fugitives live ( as they think ) most safe and at ease amongst the bores ; for they were afraid of staying at vtrecht ( as some of themselves told me ) by reason of the spies that they were informed were sent thither from england to make enquiry after such of his majesties subjects as lived there . and mr. cochran and captain cleland told me as their friend , that the report amongst our countrymen was that i likewise was sent thither as a spie ; which although they did not believe , yet they advised me to be gone away privately , assuring me withal that i was every hour i stayed there in hazard of losing my life . upon this i returned to rotterdam , where my credit with that party continued about a week , untill i was suspected by my old captain and three of the ministers , viz. harraway , forrester and sinclair , who about or weeks ago carried me with them to church , and there proposed ( as a test of my sincerity to the interest of the good cause as it was commonly called ) that i should take the covenant and the sacrament with a solemn protestation that i am still ( as i have been in former times ) an enemy to the king and the present government : all which i refused to do ; and then they debarred me for ever from their meetings and company : nevertheless i did often thereafter insinuate my self into both , though without any success ; for i could not recover their good opinion , but on the contrary was daily threatned with the severest effects of their revenge . white-hall , feb. / . robert smith . the information of zachariah bourne taken the th . of december , . that mr. bayly sat up one night , if not two , with mr. ferguson , and went several times in the evening , with him to the duke of monmouth , and the cheif managers of the conspiracy : ferguson told me , he was the cheif man for the scots , next the lord argile . the night he sat up with ferguson , i believe it was about the declaration , for the next day he was going to shew it me , but some body came up to him , and hinder'd him . mr. bayly's great business to meet the cheif conspirators was ( as ferguson told me ) to get the . l. for the buying of arms , for the insurrection in scotland . carstares i saw often come to ferguson , but for any discourse he had with him he never told me of , or with any other but mr. bayly , as i can at present remember . zac. bourne . the deposition of mr. william carstares , when he was examined before the lords of secret committee , given in by him , and renewed upon oath , upon the d . of december , . in presence of the lords of his majesty's privy-council . edinburgh-castle , september . . mr. william carstares being examin'd upon oath , conform to the condescention given in by him , and on the terms there-in-mention'd , depones , that about november or december , . iames stuart , brother to the laird of cultness , wrote a letter to him from holland , importing , that if any considerable sum of money could be procur'd from england , that something of importance might be done in scotland : the which letter , the deponent had an inclination to inform shepard in abb-church-lane , merchant in london of ; but before he could do it , he wrote to mr. stuart above-nam'd , to know from him if he might do it ; and mr. stuart having consented , he communicat the said letter to mr. shepard , who told the deponent that he would communicat the contents of it to some persons in england ; but did at that time name no body , as the deponent , thinks : some time thereafter , mr. shepard told the deponent , that he had communicat the contents of the letter above-named to colonel sidney , and that colonel danvers was present , and told the deponent , that colonel sidney was averse from imploying the late earl of argile , or medling with him , judging him a man too much affected to the royal family , and inclined to the present church-government ; yet mr. shepard being put upon it by the deponent , still urg'd , that one might be sent to the earl of argile , but as mr. shepard told him , he was suspected upon the account of his urging so much ; yet afterwards he press'd , without the deponents knowledge , that the deponent being to go to holland however , might have some commission to the earl of argile , which he having inform'd the deponent of , the deponent told him , that he himself would not be concern'd , but if they would send another he would introduce him ; but nothing of this was done : upon which the deponent went over , without commission from any body , to holland , never meeting with iames stuart above-named : he was introduced to the earl of argile , with whom he had never before convers'd and did there discourse what had past betwixt mr. shepard and him ; and particularly , about remitting of money to the said earl from england ; of which , the said mr. stuart had written to the deponent , namely of pounds sterling ; and of the raising of horse and dragoons ; and the securing the castle of edinburgh , as a matter of the greatest importance : the method of doing this was propos'd by the deponent , to be one hour , or thereby , after the relieving of the guards : but the earl did not relish this proposition , as dangerous ; and that the castles would fall of consequence , after the work abroad was done . iames stuart was of the deponents opinion , for seizing the castle ; because it would secure edinburgh , the magazines and arms. as to the horse and dragoons , my lord argile was of opinion , that without them nothing was to be done ; and that if that number was raiss'd in england to the said earl , he would come into scotland with them ; and that there being so few horse and dragoons to meet them , he judg'd he might get the country without trouble , having such a standing body for their friends to rendezvouz to ; and the said earl said he could shew the deponent the convenient places for landing , if he understood , and as the deponent remembers , where the ships could attend . the deponent remembers not the names of the places . the deponent spoke to the lord stairs , but cannot be positive that he nam'd the affair to him , but found him shie : but the earl of argile told him , he thought stairs might be gain'd to them : and that the earl of lowdoun being a man of good reason and disoblig'd , would have great influence upon the country , and recommended the deponent to major holms , with whom the deponent had some acquaintance before , and had brought over a letter from him to the earl of a●gile ; but the deponent had not then communicate any thing to the said holms . iames stuart laid down a way of correspondence by cyphers and false names , and sent them over to holms , and the deponent , for their use ( which cyphers and names are now in the hands of his majesty's officers , as the deponent supposes● ) and did desire the deponent earnestly to propose the pound sterling above-named to the party in england , and did not propose any less ; for as the earl told the deponent , he had particularly calculate the expence for arms , ammunition , &c. but iames stuart said , that if some less could be had , the earl would content himself , if better might not be , but the earl always said that there was nothing to be done without the body of horse and dragoons above-mentioned ; during the time of the deponent his abode in holland tho he had several letters from shepard , yet there was no satisfactory account , till some time after the deponent parted from the earl of argile , and was making for a ship at rotterdam to transport himself to england ▪ iames stuart wrote to him that there was hopes of the money . the next day after the deponent came to england , he met with sir iohn cochran , who with commissar monro , and ierviswood , was at london before he came over ; and depones , that he knows not the account of their coming , more than for the perfecting the transaction about carolina : and having acquainted sir iohn 〈◊〉 with the earls demands of the pound sterling , and the ho●s● 〈◊〉 dragoons , sir iohn carried him to the lord russel , to whom the dep●nent proposed the affair , but being an absolute stranger to the d●ponent , had no return from him at that time ; but afterwards having met him accidenly at mr. shepards house , where the lord r●●sel had come to speak to shepard about the money above-named , as mr. shepard told the deponent . the depon●●● ( wh●●● they were done speaking ) desired to speak to the lord 〈◊〉 , which the lord russel did , and having reiterate the 〈…〉 for the pound sterling , and the horse and 〈◊〉 , he the lord russel told the deponent , they could not get so 〈◊〉 raised at the time , but if they had pound 〈…〉 would draw people in , and when they were 〈…〉 soon be brought to more ; but as for the 〈…〉 he could say nothing at the present , for tha● 〈…〉 upon the borders . the deponent made the same 〈…〉 ferguson , who was much concerned in the 〈…〉 the promoting of it . this mr. ferguson had in 〈…〉 before , as the deponent remembers in a conversation 〈…〉 in cheap ▪ side , or the street somewhere 〈…〉 for the saving of innocent blood , it would be 〈…〉 few , insinuating the king and duke , but cannot be positive whether he named them or not ; to which the deponent 〈…〉 for our wild people in scotland , my conscience does not serve me for such things ; after which the deponent had never any particular discourse with ferguson as to that matter ; but as to the other affair , ferguson told the deponent that he was doing what he could to get it effectuate ; as particularly that he spoke to one major wildman who is not of the deponent his acquaintance . ferg●son blamed always sidney , as driving designs of his own . the deponent met twice or thrice with the lord melvil , sir iohn cochran , ierviswood , commissar monro , the two cessnocks , montgomery of langshaw , and one mr. veatch , where they discoursed of money to be ●ent to argile , in order to the carrying on the affair ; and tho he cannot be positive the affair was named , yet it was understood by himself , and as he conceives by all present , to be for rising in arms , for rectifying the government . commissar monro , lord melvil , and the two cessnocks were against medling with the english , because they judged them men that would talk , and would not do , but were more inclined to do something by themselves , if it could be done . the lord melvil thought every thing hazardous , and therefore the deponent cannot say he was positive in any thing , but was most inclined to have the duke of monmouth to head them in scotland , of which no particular method was laid down . ierviswood , the deponent , and mr. veatch , were for taking the money ; at one of these meetings it was resolved , that mr. martin , late clerk of the justice court , should be sent to scotland , to desire their friends to hinder the country from rising or taking ●ash resolutions upon the account of the council , till they should see how matters went in england . the said martin did go at the charges of the gentlemen of the meeting , and was directed to the laird of polwart and torwoodlie , who sent back word , that it would not be found so easie a matter to get the gentry of scotland to concur : but afterwards in a letter to commissar monro , polwart wrote that the country was readier to concur then they had imagined , or something to that purpose . the deponent , as above-said , having brought over a key from holland , to serve himself and major holms , he remembers not that ever he had an exact copy of it , but that sometimes the one , sometimes the other keeped it , and so it chanced to be in his custody when a letter from the earl of argile came to major holms , intimating , that the would joyn with the duke of monmouth , and follow his measures , or obey his directions : this mr. veatch thought fit to communicate to the duke of monmouth , and for the understanding of it was brought to the deponent , and he gave the key to mr. veatch , who as the deponent was inform'd , was to give it and the letter to mr , ferguson , and he to shew it to the duke of monmouth ; but what was done in it the deponent knows not . the deponent heard the design of killing the king and duke , from mr. shepard , who told the deponent some were full upon it . the deponent heard that aaron smith was sent by those in england to call sir iohn cochran , on the account of carolina , but that he does not know aaron smith , nor any more of that matter , not being concern'd in it . shepard nam'd young hambden frequently as concern'd in these matters . sign'd at edingburgh castle , the th . of september , . and renewed the th . of the same month. william carstares . perth . cancell . i. p. d. edinburgh . edinburgh castle september . . mr. william carstares being again examin'd , adheres to his former deposition , in all the parts of it , and depones he knows of no correspondence betwixt scotland and england , except by martin before-nam'd : for those gentlemen to whom he was sent , were left to follow their own methods . veatch , as the deponent remembers , stayed sometimes at nicholson , stabler's house at london-wall ; sometimes with one widow hardcastle in morefields . the deponent did communicate the design on foot to doctor owen , mr. griffil , and mr. meed at stepney , who all concurred in the promoting of it , and were desirous it should take effect ; and to one mr. freth in the temple , councellor at law , who said he would see what he could do in reference to the money , but there having gone a report , that there was no money to be rais'd , he did nothing in it , nor does the deponent think him any more concern'd in the affair , nel●hrop frequently spoke to the deponent of the money to be sent to argile , whether it was got or not , but the deponent used no freedom with him in the affair . goodenough did insinuate once , that the lords were not inclin'd to the thing , and that before they would see what they could do in the city . the deponent saw mr. ferguson , and mr. rumsay , lurking after the plot broke out , before the proclamation , having gone to ferguson , in the back of bishop-gate-street , at some new building , whether he was directed by ierviswood , who was desirous to know how things went , rumsay was not of the deponent his acquaintance before , but they knew as little of the matter as the deponent . this is what the deponent remembers , and if any thing come to his memory , he is to deliver it in betwixt , and the first of october : and this is the truth , as he shall answer to god. william carstares . perth cancell , i. p. d. at edinburgh , the d . of december , . these fore-going pages , subscrib'd by mr. william carstares deponent , and by the lord chancellor , where acknowledged on oath by the said mr. william carstares , to be his true depositions , and that the subscriptions were his , in presence of us underscribers . william carstares . perth cancellarius . david falconer . quensberry . george mekenzie . athol . copy of the lord russel's examination in the tower. my lord russel asked , whether he knows of any consultations tending towards an insurrection , or to surprize his majesties guards at any time , and by any persons , and by whom ? whether he hath ever been at mr. shepards house , and how often , and when last ? whether any lords were in company , and who ? whether at any time the duke of monmouth , lord grey , sir thomas armstrong , colonel romzey , mr. ferguson , or any of them were there , and how many , and which of them ? whether there was any discourse concerning a rising in the west , or any parts of the west , or at taunton , and what the discourse was , and by whom ? whether there was any discourse concerning the surprizing the kings guards at any time ? whether the duke of monmouth , the lord grey , and sir thomas armstrong did undertake to view the guards to see if it might be done , and in what posture they were ? whether they gave any account that they had viewed the guards , and how they found them ? what did mr. ferguson say at any of those meetings , and by whom was he directed ? whether he knows of any design for a rising in scotland ? whether he hath been at any consultations for that end , with any persons , scotchmen or others , and with whom ? what monies the scotch demanded at first , and whether they did not consent to take ten thousand pounds , and how was that or any part of that to be raised , and by whom ? my lord russel's answer to the preceding interrogatories . my lord knows of no consultation tending to any insurrection . his lordship knows nothing of any consultation or design to surprize his majesties guards at any time . divers times his lordship doth acknowledge to have been frequently at mr. shepard's house . his lordship cannot precisely set down the time that he was there last . to the two articles relating to the lords that were in company at mr. shepards , his lordship answers that he went thither with the duke of monmouth ; but as to the rest of the persons then present , his lordship conceives that he ought not to answer , because there were ill constructions made of that meeting , nor cannot positively remember . his lordship answers , there was no discourse as he remembers concerning any rising in the west , or any parts of the west , or at taunton , nor particularly of mr. iohn trenchards undertaking , nor any discourse about mr. iohn trenchard as he remembers . his lordship answers there was no discourse at mr. shepards about surprizing the guards , nor of the duke of monmouth's , my lord grey's , nor of sir thomas armstrong's undertaking to view the guards ; nor was there any account there given by the said persons of their having viewed the guards , nor how they found them . nor was there any such undertaking elsewhere to his knowledge . to the question what mr. ferguson did say at any of those meetings , his lordship answers that he cannot tell what mr. ferguson did say there , nor doth he own that mr. ferguson was there . his lordship knows of no design for a rising in scotland , nor knows any thing of the whole article relating to scotland , nor any part of it . his lordship hath heard general discourses of many distressed people , ministers and others of the scottish nation that were fled and that it were great charity to relieve them . this examination was taken the th day of iune , . before us l. ienkins , i. ernle , r. sawyer , h. finch . notes of some things confessed before his majesty and the council , taken out of the books of minutes . john rouse consest that money was collected in the city at the intimation or desire of some parliament men , for the kings evidence , that receiving that money for that purpose from some of them he sent it to those persons for whom it was design'd . bourn confesses , that sir thomas armstrong used to come every day to ferguson when he lay at his house , that he has seen him since the discovery when armstrong urged him to get some friends together to make a push and that it was better to dye with swords in their hands . walcot confesses , that aaron smith was sent into scotland by those gentlemen that transacted the matter . bourn says , that ferguson lodged at his fathers house a month or six weeks , that he left no papers in his house and used to say he would never be hanged for papers . shepard says , bayly told him charlton had undertaken to raise the whole l. romzey says , the lord russel was about going away from shepard's when he arrived there , and that his lordship said trenchard was a coward , and that he would go down himself and begin the rising . charlton confesses , he had paid oates l. per quarter for his subsistance of which he had but . l. of my lord shaftsbury , and was himself the rest out of purse but that he was told a parliament would reimburse him . shepard says , that ferguson and bayly told him that charlton would procure the l. himself , and raise it upon a mortgage . charlton further says , he paid oates about l. in all . the information of john rouse taken at his desire in newgate the th of july , . the informant saith , that the design of the rebellion and seizing the king was begun by the earl of shaftsbury at his house in aldersgate-street , before the meeting of the parliament at oxford , where the duke of monmouth , sir thomas armstrong , lord russel , lord grey , major manly a brewer at whitechappel , and others whom he saw there and as he was told likewise by his servants , frequently met there ; the foundation of all the scurrilous . libels was laid , particularly that of the raree-shew . that all those clubs at mile-end-green , the sun behind the exchange , at russel's in iron-monger-lane , and at the salutation in lumbard-street , were to carry on that design , he cannot recollect all names , but declares that he knows all those of note that were at those clubs were thoroughly acquainted with the design . these clubs were divided into three factions , by reason of which division the informant saith the design went on so flow as it did , and at last it fell between the duke of monmouth , and a common-wealth ; and the greater number carried it for the duke of monmouth , because it was found upon his going into the west , ch●chester and cheshire , the vogue of the people went for him . those that were for a common-wealth were absolutely resolved to have nothing to do with the race of the stuart's ; but they pitcht upon richard cromwel , whom this informant knows to be in england . the longest day that was appointed for execution of this was at midsummer-day last , when the people should be at guild-hall chosing sheriffs . five hundred horse were promised to be sent in from the country , who were to seize the guards . the pretence of the conspirators was to secure his majesty from being killed by the papists , that if he would not comply with his parliament at oxford , then to set up the duke of monmouth . that this was long design'd likewise before the meeting at oxford . the informant saith , that it was resolved by the conspirators , that when they should have accomplisht their design , and that the tower and city of london was seized , then they were to go to whitehal and demand their priviledges , and freedoms , with their swords in their hands . he hath been present at many of these clubs where these designs have been consulted of , and all the persons of any note , commons as well as lords were consenting to the conspiracy ; he saith he can prove it by many witnesses . he saith my lord shaftsbury and oates were the principal movers in all this business . a particular account of the situation of the rye-house . the rye-house in hartfordshire , about eighteen miles from london , is so called from the rye a meadow near it . just under it there is a by-road from bishops-strafford to hoddesden , which was constantly used by the king when he went to or from newmarket ; the great road winding much about on the right-hand by stansted . the house is an old strong building and stands alone , encompass'd with a mote , and towards the garden has high walls , so that twenty men might easily defend it for some time against five hundred . from a high tower in the house all that go or come may be seen both ways for near a mile distance . as you come from newmarket towards london , when you are near the house , you pass the meadow over a narrow caus-way , at the end of which is a toll-gate , which having entred you go through a yard , and a little field , and at the end of that through another gate , you pass into a narrow lane , where two coaches at that time could not go a-breast . this narrow passage had on the left hand a thick hedge and a ditch , on the right a long range of building used for corn-chambers and stables with several doors and windows looking into the road , and before it a pale , which then made the passage so narrow , but is since removed . when you are past this long building , you go by the mote , and the garden wall , that is very strong , and has divers holes in it , through which a great many men might shoot ▪ along by the mote and wall the road continues to the ware-river which runs about twenty or thirty yards from the mote , and is to be past by a bridge . a small distance from thence another bridge is to be past over the new-river . in both which passes a few men may oppose great numbers . in the outer court-yard , which is behind the long building , a considerable body of horse and foot might be drawn up unperceived from the road ; whence they might easily issue out at the same time into each end of the narrow lane , which was also to be stopt up by overturning a cart. notes of what pass'd between the late king , his royal highness the duke of york , and the duke of monmouth , at the time of his first rendring himself . taken in writing at that time by his royal highness . november the th . . yesterday the duke of monmouth came and surrendred himself to mr. secretary ienkins , and desired to speak alone with the king and duke , which was granted him . he first threw himself at his maiesties feet , acknowledging his guilt , and the share he had in the conspiracy , and asked his pardon , then confest himself faulty to the duke , asked his pardon also , assured him if he should survive his maiesty , that he would pay him all the duty that became a loyal subject , and be the first should draw his sword for him , should there be occasion . he then desired his maiesty would not oblige him to be a witness , and then gave an account of the whole conspiracy , naming all those concerned in it , which were more than those had already been mentioned by the several witnesses . he denyed any knowledge of the assassination . when he had made an end of his confession , his maiesty ordered him to be put into the custody of a serjeant at arms. this day admitted him to his presence , and ordered a stop to be put to the outlawry , and promis'd him his pardon . he further added , that dr. owen , mead , griffin , and all the considerable nonconformists ministers knew of the conspiracy . the duke of monmouth's first letter to the king , mentioned , p. of the foregoing account . if i could have writ to your maiesty sooner ▪ with any safety to my self , i would have done it , to have told you , ●hat there is nothing under heaven has struck me so to the heart , as to be put into a proclamation for an intention of murdring of you , sir , and the duke . i do call god almighty to witness , and i wish i may die this moment i am writing if ever it entred into my head , or ever said the least thing to any body that could make them think i could wish such a thing ; i am sure there cannot be such villains upon earth to say i ever did . but i am so innocent to this point , that i will say no more of it , for i know god almighty is just , and i do not doubt but he will put it into your heart that i am clear of this most horrid and base accusation . but , sir , the chief intent of this letter is to beg pardon both of you , sir , and the duke , for the many things i have done that have made you both angry with me : but more especially of the duke , though i might have some justification for my self that many people made me believe he intended to destroy me ; for to you , sir , i do protest before god almighty , and i wish i may never prosper more , that all i have done was only to save you , as i shall convince your maiesty , if ever i am so happy as to speak to you , and i hope you will let me do it , before it be long , for i have that to say to you , sir , that will for ever i hope settle you quiet in your kingdom , and the duke after you , whom i intend to serve to the uttermost of my power , and , sir , to convince him that i will do so , if your maiesty will give me your pardon , i will deliver my self up into his hands , that the duke may bring me to you ; besides , sir , i should be glad to have him by when i speak to you , but no body else , and by this kindness of the dukes , if ever i should do any thing afterwards against him , i must be thought the ungratefullest man living . what good can it do you , sir , to take your own childs life away that only erred and ventured his life to save yours ? and besides , sir , i am sure i can be serviceable to you , and if i may say so , make the rest of your life happy , or at least contribute a great deal towards it . you may believe me , sir , for i do not tell you this out of fear , but because i do think my self sure of it . i do beg of you , sir , if you have any thoughts of mercy of me , that you will let me know it soon , for the sooner i speak to you the better . and now , sir , i do swear to you , that from this time , i never will displease you in any thing , but the whole study of my life shall be to shew how truly penitent i am for having done it , and how well i will deserve the life you give me. and for the duke that he may have a more firm confidence of the service i intend to do him , i do here declare to your maiesty , that i will never ask to see your face more , if ever i do any thing against him , which is the greatest curse i can lay upon my self , monmouth . the duke of monmouth's second letter to the king mentioned p. of the foregoing account . you must allow me , sir , still to importune you not without hopes of prevailing at last upon your generosity , so as it may get the better of your anger to me. i am half distracted , sir , with the thoughts of having offended you ; and the torment it gives me is perhaps greater than your forgiving nature would know how to inflict upon the most criminal offenders : the character i lie under is too heavy for me to bear ; even death it self would be a relief to me , could i have it without the aggravation of leaving the world under your displeasure : i must therefore throw my self upon your compassion , which being a virtue so agreeable to your nature , i hope your child , sir , will not be an unfortunate instance of your denying it , when 't is implored ▪ i confess , sir , i have been in fault , mislead , and insensibly engaged in things of which the consequence was not enough understood by me : yet i can say i never had a criminal thought towards your maiesty , not pretending by that to insist upon an absolute justification of my self . your maiesty will consider , that whilst i was under the apprehensions of great anger and violence against me , it might easily corrupt my judgment , and by seeing things in a wrong light , betray me into very fatal mistakes : but now that i have had time to recollect my self , every thing like a fault towards your maiesty appeareth to me in such a reproaching terrifying shape , that i have a remorse for it , which could it be seen , i assure my self it would move your compassion to me. i humbly beg , sir , to be admitted to your feet , and to be disposed of as you direct , not only now , but for the remainder of my life : and though my resignation is too full to admit any reserve , your maiesty will permit me to offer to you , whether you will let pass any thing as a penalty upon me , which may lay a stain upon my innocent children ? whether you will make me undergo the ignominy of a tryal , before you give me your pardon ? and of what use or satisfaction can it be to you to forgive me , and yet give me the cruel punishment of hearing my self arraigned for treason against such a king , and such a father ? and whether my being carried to the tower in case you be pleased to excuse my ●ryal , c●n have any effect but an unnecessary mortification of one , who god knoweth is already enough afflicted , and some kind of blemish too , to my family , as well as an useless limitation of your majesties mercy ? sir , i lay these things before you in the most submitting manner that is possible , with an entire resignation to what you shall determine . neither do i imagine to receive your pardon any otherwise than by the intercession of the duke , whom i acknowledge to have offended , and am prepared to submit my self in the humblest manner ; and therefore beg your maiesty would direct how i am to apply my self to him ; and i shall do it , not as an outward form , but with all the sincerity in the world. if what i have said can move you to forget my past faults , it will be a grace i shall endeavour to deserve by all the actions of my life : and i am so sensible how ill a guide my own will hath been to me , that i am resolved for the future to put it entirely into your majesties hands , that i may by that means never commit a fault but for want of your directions or your commands . dear , sir , be pleased to revive by a kind answer the most miserable disconsolate creature now living , monmouth . the copy of a letter to the king , signed by the duke of monmouth , mentioned p. of the foregoing account . i have heard of some reports of me , as if i should have ●essen'd the late plot , and gone about to discredit the evidence given against those , who have died by justice . your maiesty and the duke know how ingenuously i have own'd the late conspiracy ; and though i was not conscious of any design against your majesties life , yet i lament the having had so great a share in the other part of the said conspiracy . sir , i have taken the liberty to put this in writing for my own vindication , and i beseech you to look forward , and endeavour to forget the faults you have forgiven me : i will take care never to commit any more against you , or come within the danger of being again mislead from my duty , but make it the business of my life to deserve the pardon your maiesty hath granted to your dutiful monmouth . finis . notes, typically marginal, from the original text notes for div a -e * nota , that this week his majesty was expected from new-market , but came eight days sooner , by reason of the ●ire . notes for div a -e * car●●●res . † scotland . * s●●tland † 〈◊〉 . * diss●nting lords . * scotland . * england † carstares . * di●●enting lords . the rye-house travestie, or, a true account and declaration of the horrid and execrable conspiracy against his majesty king william and the government collected out of original papers and unquestionable records, whereby the whole narration has undeniable clearness and strength / in a letter to the right reverend father in god, dr. thomas sprat ... from his lordship's most humble servant, thomas percival. percival, thomas, fl. - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r ocm this 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the rye-house travestie, or, a true account and declaration of the horrid and execrable conspiracy against his majesty king william and the government collected out of original papers and unquestionable records, whereby the whole narration has undeniable clearness and strength / in a letter to the right reverend father in god, dr. thomas sprat ... from his lordship's most humble servant, thomas percival. percival, thomas, fl. - . sprat, thomas, - . [ ], p. printed for a. bell ..., london : . errata on p. . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng william -- iii, -- king of england, - . rye house plot, . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the rye-house travestie : or , a true account and declaration of the horrid and erecrable conspiracy against his majesty king william and the government . collected out of original papers and unquestionable records , whereby the whole narration has undeniable clearness and strength . in a letter to the right reverend father in god , dr. thomas sprat , lord bishop of rochester , from his lordship's most humble servant thomas percival . — mutato nomine vestra narratur fabula , — london , printed for a. bell at the cross-keys in the poultry . . a true accovnt of the horrid and execrable conspiracy , against his most sacred majesty king william iii. and the government . in a letter to the reverend father in god , thomas lord bishop of rochester . my lord , to remind the nation of the rise , progress and mischievous designs of our blood-thirsty iacobites , i think sit to lay open and declare to your lordship , and the world , an exact account of the late accursed conspiracy , which was actually form'd and carried on in france against his sacred majesty's life , and against the peaceable and flourishing government of his majesty's kingdoms ; as far forth as hitherto the particulars of it have come to my knowledg , by the voluntary confessions and undeniable convictions of divers of the principal conspirators . and i shall here faithfully present the plain matter of fact ; whereby i doubt not but wholly to put to silence the malicious insinuations of factious men , who have hitherto had the artifice to support and encourage their party by impudent slanders and falshoods , against the clearest light and most evident proof : and i heartily wish that this may tend to confirm the loyalty and good affections of his majesty's subjects at home , and to establish abroad the reputation and honour of his royal justice . and moreover ( which i hope your lordship and i shall ever regard ) this publick and lasting testimony will be given of our sincere thankfulness to almighty god , for that miraculous deliverence from a danger which came so near his majesty's sacred person , and was so far spread in the ruin it threatn'd to all his people . it is well known what mischievous arts of late years have been used , and what treasonable courses taken , to whithdraw these nations from their bounden duty and allegiance ; and to expose his majesty's most just and merciful goverment to calumny and contempt . this rebellious design has been apparently carried on by male-contents , whose crimes or wants , whose furious zeal or unbounded ambition inclin'd them to wish for a disturbance of the peace and prosperity of these nations . to this wicked purpose , many the very same fatal methods and specious pretences which had heretofore involved these kingdoms in confusion and blood , were again reviv'd : and by many of the very same persons ; men of crafty , restless and implacable spirits ; impenitent after the most gracious pardons ; whom long experience had made skillful in seducing weak and unstable minds by counterfeiting the plausible names of things in themselves most excellent , but most dangerous when abused . by these wretched instruments was his majesty's most gentle and benign government reproch'd ; sedition was every where promoted to destroy our present tranquility ; desperate speeches ( such as sir iohn knight's , of bristol and others ) ; infamous libels , traiterous books swarm'd in all places , and the worst of all unchristian principles were put in practice . from these preparations to a rebellion , the party began by degrees to proceed to action ; distinctions of sides were made ; names and tokens of seperation were given ; illegal conventicles were maintain'd , in defiance of the laws of god and man ; tumultuous feasts and factious clubs were set up in city and country . close and seditious meetings haunted . frequent cabals appointed , and by men of high degree with the lowest ; great stores of arms provided by private persons . insolent progresses made through divers countries ; thereby to glory in their numbers , and to carry far and near the the terrour of their power , and even to muster their party for some sudden blow and general insurrection . all these and many more such personal indignities and publick assaults , on the government , his majesty long endured with the same mildness and clemency wherewith he had already forgiven the highest crimes against himself ; his royal goodness still patiently expecting and wishing , that in time the most obstinate of his misguided subjects would see their error , and return at length to a sense of the duty they owe him , by all the strongest bonds of nature and laws , religion and gratitude that can possibly oblige subjects towards a sovereign . but when his majesty was abundantly convinc'd that all those dark consultations and open tumults of unruly men , were but so many infallible signs and fore-runners of rebellion , or some extraordinary commotions , then , at last , in a tender respect to his people's safety , more than to his own , was his majesty constrain'd to awaken his authority , to try what good effect the vigour of his laws would have on those offenders , with whom his repeated mercy and indulgence had so little prevailed . and such was his majesty's good fortune , that the disaffected had been found impotent in their repeated attempts to set up sheriffs of london and middlesex , to pack juries to serve their purpose ; so that whilst his majesty carefully endeavoured to distribute impartial justice to all his subjects , he very happily obtained the same right himself , and the number of his enemies was found very inconsiderable , in those very places where their desperate enterprizes against the government , were likely to be most sudden and pernicious . amongst divers other famous examples of this nature was that of charnock , king and keys , for these criminals were very considerable , for their audacious forwardness in carrying on the execrable design against his majesty's life , for which they were brought to a fair and legal tryal , and his majesty procured justice to be done , without removing the process into another county , for here ( the jacobite party being no way powerful ) that old damnable opinion and practice of the lawfulness of equivocating , and even of perjury , for the support of their good old cause , had not prevailed over the old and honest english principles of truth and honour . thus his majesty's justice got the better at this time and is in little danger of being defeated in a greater and more important instance , should even any peer of the realm , not only be reasonably suspected , but in the issue manifestly discovered to have been an author or manager , of those traiterous contrivances against his majesty's crown and life , for even such a person will find he is not under the protection of juries of his own appoinment or approbation ; and therefore may not presume that he stands out of the reach of his majesty's just indignation ; for should he be legally indicted of crimes of the highest nature , on clear and positive evidence ; he will undoubtedly be brought to a lawful tryal by his peers , and the indictment not be stifled by a shamful ignoramus , for at this day his majesty has gain'd this very considerable advantage , that he plainly perceives the strength of all his enemies arrogance lyes not now , as heretofore , in their extravagant power to pack the city juries . therefore now may not even a lord securely project , or a ferguson write , or a confederacy act against the government ; they not having sheriffs and a settled club at hand , with their corrupt pannels to indempnify , and to second and applaud their most villainous practices ; and his majesty seems resolv'd , at length , after a many intollerable provocations , to strike at that which he has now found to be the very root of the faction , and not to suffer an ill party of men to destroy his government , as they might have done , had they been suffered to go on never so little farther uncontrouled ; and it is not to be doubted but the righteousness of his majesty's cause will meet with an answerable success ; and that so many guilty persons will not escape unpunished , who were just at the point of bringing their devilish purposes to a quick issue , and once for all to strike boldly at the heart of the king and kingdom . but to proceed to the history of the times ; this conspiracy was resolved upon by the french king , and the late king iames , in ianuary last : and for the carrying of it on , the duke of berwick and others were sent into england , to concert the grand point of the assassination . their party thenceforth gave over all their quieter and more plausible arts of sedition , and betook themselves to more precipitate enterprizes : inflaming some to insurrections , others to assassinations . they proudly brag'd throughout the nation that , the late king iames would be here within a month , nay they offered to lay wagers , that within that time we should have a new lord keeper , and mr. f. was to be the man. they bought up horses and arms in all parts of the kingdom , at the same time using innumerable deceits to alienate the minds of his majesty's subjects from his government . their pretended protestant clergy , both iurors and non-iurors , talked , at this time , very impertinently of the horrid murder of king charles the first , insinuating the abdication of iames the second to be of the same complexion : they ridicul'd the popish plot in , that theirs of might be less credited ; they took occasion to exclaim against the rebellion in , and of the duke of monmouth's , not sticking to represent the prince of orange's glorious expedition parallel thereto . at other times under umbrage of great loyalty to king william , many of them declaim'd of the divine right of kings , and of their unaccountableness on this side heaven , from whence this wicked inference was made , that the late king iames still remains their rightful king. such practices as these were found by evident proof , to have been the principal rise and occasion of ripening the horrid conspiracy in this nation . as for his majesty's kingdom of scotland , it is notorious there has been long shelter'd in it a desperate faction of furious zealots , that under the notion of prelatists were growing up by degrees to a violation , at last , not only of all the rules and institutions of true religion , but of common humanity . have they not proceeded to all the execrable rage of rapine aud violence ? their principles are not yet entirely extinguish'd , tho their force has been vanquish'd in open field , by god's provindence prospering his majesty's arms. it is certain also , the peace of that kingdom has been much endangered by other factious and seditious spirits , who , tho at first they would not venture to encourage publickly the treason , yet stuck not secretly to favour and foment their cause , and would soon have own'd and headed the furious traitors , had the plot prospered . by this brief recollection of the troubled state of affairs , and the tumultuous temper of ill men's minds , in his majesty's kingdoms of england and scotland , about the time when this treasonable conspiracy was in agitation , the impartial world may perceive from what destructive seeds of sedition , private passions and animosities , under the disguise of religion and the publick interest , so monstrous a birth was produced . in the wonderful discovery of which detestable confederacy , and in the happy prevention of its dire effects ; as all who have heard of it must acknowledg , that a signal care of god's providence has appear'd for his majesty and these nations preservation : so it must be acknowledged by all , that nothing has been done on his majesties part , but what was agreeable to that royal benignity and natural candor of his whole life whereof all the world , even his enemies , have had such undoubted experience much of the evidence was deliver'd in his majesty's own presence . the examinations were taken by men of unquestionable reputation and honour . the whole proceedings has been managed with all imaginable integrity . there has been no straining or extorting of accusations to blemish the fame of the innocent : no temptations of rewards proposed : no pardon assured before-hand , for discovering or aggravating the crimes of the guilty . some witnesses who offer'd themselves , of whom there might have been any colourable suspition , were wholly rejected : lest it should once again happen that the blasted credit or needy condition , or profligate lives of the persons deposing , should derogate from the strength of their depositions , and administer any the least doubt of subornation . those witnesses his majesty admitted had been generally men strongly prepossessed in conscience , zeal and interest for that party ; men whose former avow'd hatred of the government , was reason sufficient to gain them an absolute trust with any who studied to overthrow it . they were not of desperate fortunes , nor despicable men ; for the most part they seperatly and singly brought in their discoveries . divers of them had little or no conversation or familiarity one with another . there was no shadow or possibility of a combination between them all to discover ; yet such is the prevalence of self conviction , and so great the power of truth , that all their several discoveries did perfectly agree with themselves and with each other , in all material parts and circumstances . it was therefore in the year , a time when all his majesty's dominons enjoyed a settled peace and profound security , whilst the greatest part of the neighbouring world was involved in wars and combustions ; that his majesty and his council were suddenly awaken'd with the surprizing knowledg of this dreadful conspiracy , which had been laying very deep and broad for many months before . the man whom god chose to make the first discoverer was mr. prendergast , a person of good credit in his conversation , but otherwise a most perverse papist , and fiercely addicted to their cause , and one of the busiest sticklers against the government . he by his approved activity and violence for the french interest , was judg'd by the chief conspirators fitly qualified to be admitted into their most private consultations ; and accordingly thereafter they trusted him as one of their surest confidents . insomuch that he was invited to make one of those miscreants , whose proper part it was to assassinate his majesty's person . of which number , after he had freely consented to be , and had met and acted joyntly with therest for some time , to prepare the cursed work for a speedy execution ; it pleased the divine goodness so to touch his soul with the horrour of so amazing a crime , that he determined to discharge his conscience of the hellish secret. wherefore he immediately resolved to prevent the mischief of the following day , by giving his majesty timely notice : accordingly he went and acquainted the earl of portland with the design , who communicated the whole matter to his majesty , who at his return told him the king would speak with him . on friday night the th of february , he went to kensington , and was introduced to his majesty by the earl of portland , and laid before him his whole knowledg of this diabolical conspiracy . but the intended assassination , upon the first disclosing of it , appeared to be so prodigious a barbarity that his majesty for some time gave but very little ear and slow credit to this information , as little suspecting as deserving such usage from the worst of his subjects . which generous caution , that his majesty took not to be imposed upon by new rumours of plots , and his gracious tenderness not to believe so ill of his very enemies , but upon certain demonstration , was one of the chief occasions that the duke of berwick and divers others of the principal agitators and managers of the whole business took the alarm , and got time to scatter aud withdraw beyond the seas . however , by god's providence continually watching over his majesty's and these nations safety , so many of the traytors soon after fell into the hands of justice , who did voluntarily acknowledg their being partakers of the treason , or were convicted of it by evident proof , that henceforth whoever shall pretend not to believe the truth of the whole , they must either be such as were parties in the design , or so monstrously unreasonable as to believe there never can be a real plot against any prince or state , but what does actually succeed and take effect . thus much is certain of this conspirary , and it is so remarkable and extraordinary , that perhaps the like cannot be affirmed of any other mentioned in all history , that there was scarce a man attainted or executed for it , who did not more or less add some new light to the several parts of the dark contrivance , either by a plain confession of it , or by the very manner of dening it , and by the weakness of the subterfuges , whereby they endeavoured to palliate their crimes . upon the whole matter , tho it is not doubted but the treasonable infection was in some degree or other spread into most parts of these kingdoms , amongst the ring leaders of the jacobite clubs , and lawless conventicles in town and countrey . yet i declare an utter abhorrence that bare suspitions , though never so probably grounded , should prevail to conclude any man guilty , and therefore resolve to make no reflection on the fame of any , but only such whose part in it was made out by positive testimony . and in the kingdom of england the persons who are already judicially found to have been deeply concerned as actors , some in the insurrection part , others in the assassination , divers of them in both together , are these . the duke of berwick , who , not only by extraction but education has been long corrupted , and alienated from his duty to his native countrey , and now 't is evident his frenchified mind is poyson'd with unjust and forbidden hopes . the earl of aylesbury , who for some years had been ingaged in the most furious designs of the faction , and of late especially . capt. george porter , who had always been a busy promoter of popish and slavish projects for overturning our church and state ; and was therefore for a time a great favourite of the disaffected : whilst he was imprisoned with capt. goodman , maj. matthews , capt. shevery , rhoads , a trumpeter , and the rest of the drury-lane trayterous riotors , in iune . nor did they ever make any objections against the honesty of his private life till he came to the honestest part of it . the late sir thomas roe of islington , whose dark and turbulent spirit and insatiable ambition had carryed him on to be one of the principle persons engaged in this hellish conspiracy . it being well known that this unhappy gentleman not long before the discovery , was heard to say that he should be at the head of a reginment of horse , and in the first place would cut the throat of mr. keck a master in chancery . but finding the hellish design to be dispointed and discover'd , on sunday the d of february ( the day after the fatal blow was to have been given , ) god permited him to become his own executioner , and he shot himself into the head , not venturing to give his majesty time to make use of the excellent goodness of his nature . sir william parkyns , a person carried away beyond his duty and allegiance into this trayterous enterprize , by a vain air of popish principles ; whereby he was the more easily seduc'd by the wicked teachers of that most unchristian doctrine which has been the cause of so many rebellions , and was so conformable to his antichristian education , that it is lawful to cut the throat of a protestant prince . sir iohn friend , who ever since this happy revolution had profest himself an enemy to the government of his country , and had acted accordingly . as he liv'd , so he dyed , a stubborn assertor of the jacobite cause . capt. robert charnock , a popish debauchee , who was a most active instrument to promote the hellish design against his sacred majesty , under colour of an affected zeal of conscience and pure religion . leiut . edward king a furious papistical bravo ; who had often laid designs for the king's murder , which god as often prevented by his signal providence . thomas keys , a desperate and bloddy raviliac , he was a trumpeter in the late king's army in the west against monmouth : he was actually engag'd in this horrid conspiracy , and has receiv'd the just reward of his treason . major robert lowick , a furious roman catholick and great confident of the late king iames , by whom he was recommended to sir george barclay to make one in the assassination . peter cook , gent. a mighty jacobite , one of those , who with an hypocritical zeal would have pass'd for the most forward reformers of church and state : whilst they themselves both in their practice and opinions , were the greatest corrupters of vertue and all good manners . charles cranburne , a person whose resolute boldness recommended him to capt. porter as a person fit for his turn in any desperate attempt , and at his death confest enough to shew his crime tho not his repentance . brigadier rookwood , a notorious enemy of the establish'd government in church and state , and was actually to engage in putting the hellish conspiracy in exectuion . — goodman , — harris , — knightly , — bertram , and bois , notorious papists , their hatred to the government transported them to be factious : these were all men of crafty heads , and nimble tongues ; restless spreaders of false news , bold talkers in seditious clubs ; where according to the corrupt fashion of the times , the most profligate persons of all conditions were wont openly to arraign the monarchy , and vilifie the church , under the fair shews of amending both and a tender concernment for the publick good. however these five last mentioned did in some measure expiate their guilt , by their ingenious and voluntary confessions . sir george barclay , a scotch man , and a leiutenant in the late king's guards , and egregiously disaffected to the present government , and therefore of considerable interest with the court of st. germain's and the french king , who are the most professed enemies of these kingdoms , by whom he was sent into england with about troopers , under the disguise of being turn'd out of commission to bring to pass his master 's devilish contrivance . and he was known to be one of the chief actors in the whole conspiracy . brice blair , a furious roman catholick , he was fitted for such a design by his hot and fiery temper , and was a most desperate enemy to the government of these kingdoms . but of all the conspirators , the man to whom belonged the cheif place and precedence in the whole diabolical design , was robert ferguson , a scotch man ; he had long brandished his poysonous tongue and virulent pen against the government . he is manifestly convicted to have had a hand in the most scandalous libels of these times , and was particularly cherished and magnified by the party , for his peculiar talent in aspersing the government and reviling his majesty's person ; so that upon all accounts of his restless spirit , fluent tongue , subtile brain , and hellish malice , he was perfectly qualified to be the great incendiary and common agitator of the whole conspiracy ; and it cannot be deny'd but he was the life and soul of all , especially for the carrying on of the whole design . these persons appear hitherto , to have been the principal contrivers or instruments of the whole treason in the kingdom of england and scotland . divers others there are , concerning whom more than conjectural proofs may be given of their having been engaged in it , but i chuse to spare particular names , as far as may stand with the necessary and just vindication of the government . it may suffice , that of these here mentioned the world is abundantly satisfied that the several shares they undertook in this conspiracy , were very agreeable to their former well-known perverse principles and declared disaffections to the government . it is therefore certain , that in the year , a time when the french king's affairs were reduc'd to the heighth of desparation , this diabolical design of assassinating his majesty came afresh to be agitated , and the whole factious interest , in and about the town , nay throughout the three kingdoms , prepar'd to employ the main of their power and craft for overturning the government . all which time nothing was omitted by the disloyal citizens , who were no way numerous , and a multitude of strangers unduly mingled with them in their clubs , to terrify the loyal , and gain over the timerous members of the city ; and a new and devillish invention was much in vogue , by which they made the swearing to the government to be only an instrument for the promoting their ungodly designs . all sorts of arms , never before known to be procured in such quantities by private persons , such as blunderbusses , &c. were carefully sought after and bought up . the most improbable and villainous false rumors , wherewith too many of our pulpits , with equal industry and malice design'd to poison our unthinking people , filled every street . my lord ( for tho i have insensibly slid into a tedious letter , i may not forget to whom i address this ) i take the freedom to reflect on the stile of modern sermons , which , my lord , you know , are or ought to be serious things , and , to be confined to the rules of strict and sober truth . when the clergy find or make occasion to discourse of princes , one would think the subject matter should teach them moderation and temperance , decorum and decency ; but i shall evince that some have little regarded truth or manners : and for the performing it , shall not ransack many sermons , but give your lordship a taste of the fraternity's goodly method of disparaging and reproaching his majesty , and of their fine knack at representation and character , and that from your lordship's next neighbour , and a prebendary of your church of vvestminster , i mean the famous dr. birch , who with his effronted forehead ( tho then his majesty's chaplain ) began , and that very early , to sound the trumpet to rebellion ; and that before the august assembly of the nation 's representatives , in his lewd harangue on the th of ianuary , for which , by surprise , sir t. d. obtain'd an order of the house of commons , that he and mr. h. ( who was soon after expell'd for bribery ) should return the doctor thanks , and desire him to print his sermon ; which they accordingly did ; and so the world became obliged by these high and extraordinary flights . we ( quoth his majesty's chaplain ) are still threatned in their turn , either with no church at all , or the worst among christians . are not our very blessings turn'd into a curse ? our boasted freedom is now only a liberty to bite and devour one another . our long cry'd up liberty of conscience , proves one of impiety licentiousness , and errour , and at best serves for a step to dominion more than devotion . our laws are indeed open , but to the continual conspiracies of false witnesses against the lives and fortunes of the innocent . ours ( proceeds the doctor ) is the first state-schism known in the world. we have ( says he ) entailed upon us disputed titles ; and for ought yet appears endless wars . we are fallen into those dregs of time , wherein hypocrisy and profaneness seem to divide the world between them ; and all true and unaffected piety is out of countenance ; wherein all the sacred tyes to our king and country appear as loose as our manners . if then we dare own discouraged vertue , and would stand in the gap to save the whole from destruction , the true way is not to follow a multitude to do evil , or to joyn in those fashionable flatteries that are ruine to the embracers . my good lord , i appeal to you whether this vile discourse is not stufft with the most audacious reproaches of a crown'd head , that were ever heard among christians ; are such rare men as this , i beseech your lordship , fit to be trusted with our consciences ? now if i have not here set this bold clergy-man in his true light , i hope i shall do it to purpose , when i tell yonr lordship , that this very doctor was seen walking in st. iames's park , with that remarkable knight sir iohn fenwick , who disappear'd for some months , but was after taken at rumney in kent ; and with a certain nameless earl , on that very sunday before noon ( february . ) when their party waited for the much long'd for news of his majesty's assassination . but to pass on , not only the pulpit but the press was imploy'd for promoting this barbarous design , as i shall demonstrate to your lordship , by a few touches out of some envenom'd libels . the clergy ( says one of their incendiaries ) see on what terms they stand with their renown'd deliverer , and what great and glorious designs he has to devour them , so soon as he has power and opportunity . he has as good a will to the church-lands as to his father's crown : but he durst never put it to the issue , lest it should discover the weakness of his interest , for the eyes of the nation are open'd , they see themselves cheated and abus'd , and instead of liberties and privileges , find themselves made tools to insatiable ambition , and a morsel for execrable parricide . and it was the most unaccountable infatuation to have expected otherwise ; that he who had stomach enough to devour his father , would ever stick at preying on the wealth , the rights and vitals of the nation . read this envenom'd author a little farther , i entreat your lordship . the whole nation ( proceeds he ) must be sacrificed to revenge that generous pity and compassion which has been shewn [ by the king of france ] to an oppressed prince , whom we have infinitly wrong'd . 't is not his oppression but his piety , is the ground of this immortal hatred : and 't is manifest to all , that the noble , princely and christian succour he has afforded our injur'd king , is more provoking than all the oppressions in the world. another of their emissaries says , he challenges the whole world to produce such an instance of injustice , and violation of promises , as this pretended saint , and mirror of justice has afforded us . our constitution both of church and state are revers'd , and quite disjointed , our liberties and properties most unjustly invaded , and more instances of arbitrary power daily committed , than in several of the former reigns . i proceed says this venemous libeller , to address my self to those of my country-men who has had the misfortune to be misled , that since they have had all their expectations decceiv'd , themselves gull'd out of all those real blessings of government they formerly enjoy'd , peace , plenty , liberty and property , and all that could render a people happy , by one whom a man would be tempted to think could never have been procreated of human race , void of all sence of religion , justice , honour , and every qualification that is apt to conciliate love or veneration from mankind ; who has really forfeited the crown by his own act , having violated the very instrument of government he subcribed : one who has been the occasion of shedding more christian blood , than has been spilt in the ten persecutions , meerly upon a sham pretence of religion to us : that it is their interest and indispensible duty , if they have any sence of goodness remaining to free these nations of such a plague and curse , and if possible to redeem all those blessings which have been withheld from us by his means , by atoning god almighty , by doing justice to their highly injur'd king and queen , to themselves , and to all europe , and averting those dismal plagues which otherwise e're long will fall upon their heads : otherwise let 'em do what they can , be as obstniate , malicious and revengful as they please , if they be resolv'd yet to act wickedly they shall be consumed both they and their king. all this was evidently with design to shake the crown and undermine the true protestant religion ; the truth is , to such a heighth of arrogance were things grown on their side , that who ever shall indifferently reflect on the dangerous devices , slanderous reports , and writings , and other violent emotions of the whole party that winter , in the city and throughout the kingdom , they will have just cause to conclude that the course of their proceedings , was a daring struggle for victory , and a decisive contention for mastery over the government . yet however cunningly the train was laid , it took no effect but on themselves , the noise and rage of all their mutinous routs , vanished into air. sir iohn houblon , the lord mayor , together with the whole body of the greater , wiser and richer citizens understood rightly , and stuck unmovable to the nation 's and their own true interest . which the conspirators perceiving , many disaffected lords and others withdrew from their houses , redoubling their exclamations of usurpation , tyranny , oppression , and what not : and still apply'd themselves with all diligence to expedite the rebellious work before projected ; fancying that yet the whole city and kingdom , would be at the french king's beck , and upon the holding up his finger , would presently rise in arms to extirpate the two brothers , liberty and property . the french king had set on foot a treaty with the disaffected in england , and sent the duke of berwick privily to london , who held divers meetings with the confederates , who offer'd , that if that king would furnish men they would make a sturdy commotion here . about that time also both ways of destroying these kingdoms were brought under their consideration ; the general way of an insurrection , and the more compendious way , as they call'd it of assassinating the king in his return from hunting . the assassination was instantly promoted on all hands in town and country , immediately after which the insurrection was to follow . at last it was thought adviseable to send one to france to acquaint the late king iames with the result of their whole proceedings , desiring him to prevail with the french king to lend him foot , horse , dragoons , and they would meet him at his landing , at the head of horse ; and knowing no one fitter to employ in such a concern , they desir'd mr. charnock would be the man , because they knew him to be of a fluent tongue , and subtile brain , and one of the chief contrivers and managers of the whole design ; he readily consented to their desire , and immediatly provided for his departure , after he had advised and encourag'd each of them to be hearty in the cause . though charnock was gone for a while , yet the impressions of mischief he had left behind on the minds of the confederates , would not so easily vanish . they soon reflected on his last advice , that so many having been made conscious to the design , they should certainly find more safety in pushing it on boldly , than in too late a retreat . upon this immediately they recover'd their spirits and resolutions , which his departure had somewhat damp'd ; thenceforth they renew'd their consultations 'till his return , which was soon after , with the answer , that the french king's affairs being in such a posture he could not at that time comply with their demand , which for the present broke all their measures . but upon the arrival of sir george barclay , who after having declar'd to the disaffected party the occasion of his coming , produc'd a commission authorizing them to perpetrate the parricide , he withal told them that the late king was retired from st. germains to calais , where lay a considerable body of troops under his command , that the french king had given orders to bouffleurs to draw together immediately to imbark , as soon as the signal was given that their hellish contrivance for assassinating his majesty's person had taken effect : whereupon they renew'd their cousultations with more vigour than before . the principal managers having their frequent meetings , as also the inferiour instruments theirs , whilst some of each number gave secret intimations to the other of what was passing in their seperate assemblies . of the great council ; the consults that have been hitherto plainly testified and sworn to , were those , at the old king's-head in leadenhall street , and mrs. montjoy's in st. iames's - street . the subordinate cabals were kept in divers other places in and about the city of london ; as in ianuary , in that year , at capt. porter's , and at mr. charnock's lodgings in norfolk-street : or in common taverns , as at the nag's-head in covent-garden , the sun in the strand , the globe in hatton-garden , &c. as also on february the th , the very day the discovery was made , at the blew-posts in spring-garden ; and on the th and d , at capt. porter's lodging in maiden-lane , being both the times agreed upon to put the design in execution . their meetings being so generally in places of publick entertainment ; therefore to prevent the observation of drawers and servants , they often discours'd of their whole bloody business in a canting language of their own making . the king was sometimes call'd the spark , the prince of orange , the little gentleman , &c. provision of arms , as bluuderbusses , musquets , pistols , &c. were talk'd of under disguised names . the insurrection was stil'd the general point , the assassination taking off the spark , and striking at the head. and because several or most of the conspirators were notorious papists , it was sometimes agreed that their wicked intentions against the king and government should be veil'd under the terms of taking off the insupportable yoke . but for the most part when they were free and among themselves , they did discourse of the whole contrivance in plain language , and without reserve ; their common healths were such as these , to the restoring the late king james , the health of the prince of wales , the late queen , and the french king. but when harris , lowick , and others , who were less harden'd in cruelty , express'd some kind of consternation and dread of the consequences of so dire a stroak , readily declar'd themselves willing to joyn in the insurrection , but shrunk a little at first at the horror of the assassination ; they said tho it was a barbarous work , yet they would obey sir george barclay's orders . in these their private cabals , the matters they promiscuously treated of , were either a general insurrection or the assassination of the king's person . of the assassination divers ways were consulted , 'till they fix'd on that lane coming form brentford to turnham-green . the insurrection was propos'd to be made at the same time in england and scotland . the adjusting that part of it which related to scotland was chiefly under the care and manag'd by commissioners appointed for that purpose , by the french king and the late king iames , as well as this in england ; all which particulars are circumstantially set forth , so often repeated , and demonstrably confirm'd in the ensuing evidences , that it will be sufficient here only to direct the reader 's observation by given a brief summary of the whole . towards an in insurrection throughout england , they laid the greatest stress on the city of london ; not doubting but if that was once secured to them , the rest of the nation would of course fall in . for the increasing their numbers , and drawing in new converts this one general rule was carefully prescribed , that the bottom of the design should in the beginning be warily conceal'd from all persons with whom they treated . first their inclinations were to be tried by gradual insinuations , and plausible discourses at a distance , till they had gain'd a full assurance of their fidelity . they were to be ask'd , if they would be concern'd , in easing them from the yoke that laid upon ' em ? meaning to murder king william ; when it was answer'd , they would readily assist in any thing of that nature : then it was next to be demanded , whether they would contribute the assistance of their persons or purses , or both ? that being also determined , it was to be farther inquired , what furniture of arms , horses , and money they had in readiness ? what friends they could engage ? and if these questions were resolved according to their minds , then the whole mystery of the villainy was to be frankly disclos'd . they were to be told in down-right terms , that their design was to assassinate the person of king william in order to fix king iames again in the throne , to which if they would lend their assistance it would answer their expectation . he having already sent over several men and money to buy horses to help to do the work. the way being thus made to sound and prepare the dispositions of ill men for any violent enterprize ; the next thing came under deliberation was money . for that several of the conspirators declar'd , they had considerable sums of their own , or deposited with them , which were ready , and might be call'd for on occasion . that sir george barclay subscribed money , enough to furnish horses , likewise sir iohn friend offered if the late k. iames would give order for it , to disburst l. that the cause might not be lost . neither was sir w. parkyns , with many others slack in making provision for a sudden push , for they if the business succeeded were in hopes to satisfy their thirsty appetites and inrich themselves with the blood and estates of just and honest men. the next necessary provision they debated on was arms. and it is notoriously known , the whole party had been gathering great abundance of all sorts . all probably with the same prospect and in the same proportion for their parts in the conspiracy as sir william parkyns had done for his , though they happened not all to be so manifestly detected ; for not long after the conspiracy was discover'd to his majesty and his ministers : the said sir william parkyns was found to have by him , hid under-ground by his garden-wall , several chests of compleat arms , belonging as he pretended to his country-house , where no thought of robbery or assault could be fear'd ; and by consequence , there could not be the least shadow or pretence that they were laid in there for his own lawful use or defence . but besides these stores , which they had every one made for themselves , it was resolved , at the very first news of the late king iames's landing with his cut-throat army to be in readiness , some to attempt the publick magazines in and about the city , whilst others in the remote parts , were to use their utmost diligence to form themselves into a body and join the invasion . many thoughts were also spent how to engage the sea-men to their side : tho it must be said that their practices with them met with the least success of any . nor is it imaginable , the brave race of english mariners should ever prove false to his majesty , who has cherish'd , encourag'd and promoted that profession more than all the kings of england have done since the conquest : his majesty well understanding that the safety , riches and honour of this kingdom depend most on its maratime greatness . however , the conspirators not in the least doubting but they should have sufficient numbers , as soon as their friends were arrived from france , to make a stand , and give time to others to come in , and declare ; their rendezvouses were appointed in most of the convenient posts of london and westminster ; whence they might at once attack the bridg , the exchanges , the guards , the savoy , whitehall and the tower : and they had ready in town and country a considerable number of officers to head and govern the mixt multitude as soon as they should appear in arms. at the same time , a party was to be ready to scowr the streets , and immediately barricadoes were to be made : the horses of hackney-coaches , and other strangers , were to be seiz'd on : the horse-guards not actually mounted to be surpriz'd in their several stables : for which end a committee was chose , who undertook to vew the posture of their quarters , and reported back to the principals that the seizing 'em was a thing very feasible . ferguson had also often assur'd them he could promise for a considerable number of men to be ready at a day , and that he would make one of the same party himself . upon supposition of this strength , their principal aim being to surprize the tower , as a place most able to annoy them , and where there lay great magazines of stores of ammunition to furnish them ; they had many debates on that subject . and it is very well known they had brought an officer in trust therein to be of their party , who was to deliver the tower into their hands . besides securing to themselves by these means the cities of london and westminster , which was their greatest care ; they had also under consideration the raising commotions at the same time in divers other parts of england : especially those counties of the west and north , in which they believ'd the iacobite party to be most numerous , and most inclin'd to their factious interest . in every county some one great man was to put himself at the head of the rebellion , and divers of them had their proper stations appointed . in the north they depended on a numerous assistance , having been inform'd , by sir william parkyns , who had made a journey into that part of the kingdom , that the north was as well inclin'd to their party as the west . most sea-port towns of any considerable strength was to be attempted , particularly portsmouth , by some going into the town on pretence of seeing the place , at the same time another party coming in on the market-day , disguiz'd like country-men , and both together were to fall on the guards . at the same time when they were making these preparations for an insurrection , the other design of assassinating his majesty kept equal pace with it . it is manifest that the french king and late king iames , had often devised his majesty's murder ; it being indeed a talent peculiar to them both to murder princes , and lay their nations in blood and confusion . that of all men living they can most easily turn themselves into all shapes , and comply with all dispositions , to get agents to compass their damnable purposes ; having by long practice , got the skill to cover their hooks with baits fitting every humour . the covetous , who are no small number of their iacobite party , those they feed and deceive with hopes of wealth and new sequestrations : the ambitious , with praise and vain-glory : the church of england , with promises of liberty and religion : sometimes not refusing to stoop lower , and even to serve and assist the pleasures and debauches of men that way inclin'd , if they find them any way useful for their purposes . and now also upon this occasion , divers ways of performing the assassination were debated ; one was to make the attempt on his majesty , as he came from richmond by the road. another when he was upon horse-back at cue . another to surprize him by ambuscade as he was diverting himself with shooting or hunting in the park by richmond . but of these propositions sir george barclay approv'd of none like the last mention'd , in order to which he desir'd capt. porter to go with mr. knightly to view the ground ; accordingly they went , and mr. king with them : at their return made their report : that the lane between brentford and turnham-green to be much more feasible to dispatch the business , or do the trick , as they call'd it . the account they gave of the commodiousness of the lane for any such desperate enterprize soon incourag'd them to fix it there . it being a place lonely and retired , with a river on one side and pales on the other , which would afford all advantages imaginable to the assailants , and give as great inconveniences to the persons attack'd . the place being agreed on , it was first question'd , whether the stroak should be struck upon his majesty's going to , or coming from hunting : but it was thought more expedient to defer it 'till his majesty's return . that point being over , they had several meetings , to consult of all the circumstances of the parricide . the number of the men to be personally engag'd , were forty at least , of which number sir george barclay was to make up about twenty . mr. charnock was to furnish eight , capt. porter seven , sir william parkyns three men and horses . to that end or lists of names were drawn up , out of which choice was made of two which were call'd ordely men , and quarter'd at kensington , to give notice to the rest when his majesty went a hunting . the arms to be used were blunderbusses , musquets , pistols , &c. the several parties were to be dispers'd at the inns at brentford and turnham-green , that they might be in a readiness against the approach of the fatal hour . on the day the design was to be executed , the attempt was agreed to be made in this manner : some one or two , were to be at the ferry , to give notice when his majesty landed , first to sir george barclay , then to the rest . upon warning given of the king 's being near at hand , all were to be in a readiness , to issue forth in a moment , some on horse-back , some on foot. immediately , upon the coach's coming within the lane , they were to shut the gate , and the conspirators were to divide into three parties : some before in the habit of county-men were to throw down the pales , afore sawn a-sunder for the same purpose , in the narrowest passage , so to prevent all possibility of escape : then mr. charnock with his party were to attack the guards in the rear , and rookwood and porter with another party in two wings were to attack both sides of the guards . the other party to aim only at his majesty's coach , which party consisted of persons , and was to be under the particular direction of sir george barclay ; the villian declaring before-hand , mr. prendergast was to have a very good blunderbuss , which carried or bullets , to be of his party , and to shoot into it . king at the same time telling him , he hop'd he would not be afraid of breaking the glass-windows . it is indeed a thing prodigious to tell , and were it not for the undeniable proofs of it , very difficult to be believ'd , that not only one or two such furies should rise up in a whole age , but that so great a number of men should , be found so void of all humanity , as not only to imagine and contrive so horrid a fact , but to discourse of it in so many meetings , so sportfully and merrily as they did , as if the cruelest tragedy , which wicked men or the devil ever invented , had been only a matter of common past-time and loose raillery . the execrable deed being thus supposed by them to be feasible , without much opposition , they then farther considered the several ways of their escaping afterwards . sometimes they thought if it were possible to take the king alive and carry him to france , whether they intended to bear him company . but if not , another way was proposed by sir george barclay , after the fatal blow was given , to get privately into the city before the news of what was done could possibly get thither . it was concluded at the same time , that those lords and principal men of their party should be ready to head the faction upon the first arrival of the news that the late king iames was landed . thus saturday the th of february being come , the first day pitch'd upon for executing their hellish design ; whilst they were thus wholly intent on this barbarous work , and proceeded securely in its contrivance without any the least doubt of a prosperous success , having prepar'd every thing in order to have perpetrated this villainous work ; behold ! on a sudden god miraculously disappointed all their hopes , by chamber 's bringing word , about noon , the king went not abroad that day . yet notwithstanding they being disappointed at this time , which made them look one on another in much disorder , yet they could not part 'till they had drank their accustomed healths : and to add to their villainny , capt. porter took an orange in his hand , and began a health to the squeezing the rotten orange , which having gone round , they took leave of each other for that time. presently after , at their next meeting , their discourse first tended to doubting whether the design had not been discover'd ; but then 't was immediately answer'd , if it had , they should not have been there , but taken up . whereupon they resolv'd , notwithstanding the former disappointment , to excecute the divilish design the next saturday following . the result of this their consultation they imparted to their inferior agents who were to act under them and order'd all things to be ready against that time . the late king for preparing a declaration to facilitate his re-accession to the crown order'd divers of his agents in england to send him their conceptions , out of which collection a compleat remonstrance was gather'd . the main drift of the whole was to amuse the people's fancies for a time with new chymera's of freedom from taxes , and advantages for trade : then to calumniate and asperse king william as a tyrant and oppressor , and accuse all his faithful subjects , as servile instruments of arbitrary power , and betrayers of their country : whilst he and his party were to be magnified as the only asertors , and restorers of liberties , and properties ; who it is notoriously known have ever acted the contrary . his and their design in all this being the same that has been put in practice by all promoters of popish and slavish principles , sedition and treason in all ages ; who have always thought they have done more than half their business , if they can but once appropiate to themselves all the good and pleasing words of things plausible and popular , and fasten on his present majesty's government the names and titles of things vulgarly odious , or contemptible . but in their particular heads of discourse in which the con●pirat●rs chiefly delighted , and were wont in their meetings most amply to enlarge their inventions , was concerning their resolutions of several kinds of vengeance to be executed on those eminent persons of all professions , whom they thought most capable and willing to oppose their bloody enterprize . their passions in that part indeed transported them beyond all bounds of common prudence even to the highest degree of ridiculous vanity , and extravagant ostentation of their full assurance to succeed in the dire attempt . having first gloried in the imagination of imbruing their hands in royal blood , they scrupl'd not to profess they would continue the assassination on all the principal officers of the crown , and ministers of justice ; and spightfully projected all circumstances imaginable which they thought might aggravate the terrour or ignominy of their punishment . the lord mayor , and the sheriffs of that year , were concluded fit to be murder'd . all others were doom'd to the like destiny , who might think they deserv'd well of the faction by their moderation : but they resolv'd that neuters should be treated as ill as their most avowed enemies . they made no distinction of opinions , the soberest and richest of the church of england , together with the presbyterians and orher dissenters they hated and dispis'd in general , as men whose interest could not be divided from king william , as knowing they must fall with him , and undergo the same fate . in this furious manner they proceeded to lay about 'em in their common discourses , with all the infernal malice that is so agreeable to their principles and inseperable from them : there never having yet been found , in all records of time , any popish plot but it was always most certainly attended with a fierce spirit of implacable cruelty . as it cannot be imagin'd that either of the cabals was altogether unacquainted with what the other were doing , during all this time ; so it is manifest , some of their great men understood the dark hints that were sometimes given them , of taking off the spark , removing the yoke that lay so heavy upon them ; and knocking him on the head : and also that the inferiour instruments proceeded on assurance , that when they came to action they should be headed by men of much higher quality and condition than as yet openly appear'd amongst them . wherefore of the debate and resolutions of the french king and the late king iames ; in france it was thought expedient for the farthering of their design , that a small select number of the most eminent heads of the party , in and about london , should be united into a close cabal , or secret council ; who might have their frequent assemblies , and be ready on all occasions , to guide and direct the motions of the lower agents . the persons who undertook this universal care and inspection , were the duke of berwick , sent from france for that purpose , sir william parkyns , sir iohn friend , sir george barclay , sir iohn fenwick , mr. charnock , mr. porter ; and some others , were admitted , as occasion serv'd , on some particular debates . after their arrival from france , they had several meetings in ianuary , particularly at the globe-tavern in hatton-garden , and at the sun-tavern in the strand , where some general heads were propounded of things to be resolv'd on , in their more mature thoughts , as where the insurrection should first be made , in city , or country , or both at once : what countries were most disposed for action : what places would be most proper for their rendezvouses : what arms were necessary , how to be provided , where to be laid in , so as to administer no ground of jealousy : and how and by what means a disturbance might be made in scotland , at the same time . the last was look'd upon as a principal point , and therefore the managment of that affair was left to the french king , who had appointed a considerable body of men to disturb the peace and tranquility of that kingdom : and who deliver'd this as his opinion , that the plot was so close and deeply laid , it was past the power of men and devils to hinder the fatal blow . the late king iames , that nothing should be wanting on his part , deputed some of his confidents hither , to attend the issue of their debates , to represent their proposals ; and to assist in the assassination . the first day appointed for the accomplishing this wicked design was the th of february , which being over , and they by the singular mercy of god disappointed ; yet so great was their thirst after royal blood , that they did resolve to go on and execute it . and the next saturday , which was the d of february , was pitch'd upon for the time of execution ; and accordingly , on friday the st of february , the day before , they met at the nags-head in covent-garden , where they had some discourse among them that they were in doubt , because of the first disappointment , whether there had not been some discovery , but that doubt was soon over ; for it was said it could not be so , for then they should not have been there together . that seemed probable , and the disppointment was imputed to some accident which gave them new assurance to go on , and they resolv'd to go on and do the business they had formerly resolv'd on , the next day , which was saturday . thus , on the th of february , was the whole conspiracy going on in a full carreer , when mr. prendergast made his discovery : but finding that his majesty and his ministers , were exceeding diffident of his single intelligence , in a business of so vast a moment ; therefore , whilst he was considering which way he might best strengthen his evidence , mr. de la rue , on friday night , the st of february , was introduc'd to his majesty by the earl of portland , who discover'd to him the hellish designs of his implacable enemies . upon saturday the d of february in the morning , which was the d time appointed for the execution of this bloody design , they met together at porter's lodging , and resolved to go on with it and put it in execution , where they had notice from chambers that the king did go a hunting that day , and there was great joy among them all , thinking themselves sure ; and so they ordered all things to be got ready . from thence they went to the blew-posts in spring-garden , where . news was brought about one a clock , that the king did not go abroad , for the guards were all come back in great haste , their horses being all in a foam , and the king's coaehes to the mews-gate . they at first receiv'd the news with various apprehensions and motions of mind , looking on one another with much astonishment and confusion ; and immediately parted in great disorder , being fully assur'd the thing had taken air , and was discovered . his majesty , with inexpressible surprize , found by undoubted evidence that many of his mis-guided subjects had deeply engaged themselves to imbrue their hands in his royal blood , went on monday the th of february to the house of lords , and in his speech accquainted both houses , that he was come on an extraordinary occasion , which might have proved fatal if it had not been disappointed by the singular mercy and goodness of god. that he had received several concurring informations of a design to assassinate him , and that our enemies were very forward in their preparations for a sudden invasion of the kingdom . that his majesty had not been wanting to give the necessary orders for the fleet , and that he hoped there was a strength of ships , and in such a readiness , as would be sufficient to disappoint the intentions of our enemies . that he had dispatched orders for bringing home such a number of our troops , a might secure us from any attempt ; and exhorted them to do every thing which they should judg proper for our common safety , &c. upon this astonishing news the house of commons ( nemine contradicente ) resolved to address his majesty to congratulate his happy deliverance , and to give him their thanks for imparting the horrid design to the house , and to desire his majesty to take more than ordinary care of his royal person , assuring him that they will stand by , assist , and defend his majesty with their lives and fortunes , against the late king iames and all other his enemies both at home and abroad ; and that in case his majesty should come to any violent death ( which god forbid ) they would revenge the same upon all his enemies an their adherents , &c. the house of lords also unanimously agreed upon an address to his majesty , to which they desired the concurrence of the commons ; who made some amendments thereunto , to which the lords agreeing : the same evening both houses attended his majesty therewith . you have here a copy thereof . we your majesty's most loyal and dutiful subjects , the lords spiritual and temporal , and commons in this present parliament assembled ; having taken into our serious consideration , what your majesty hath been pleased to communicate to us this day , think it our duty in the first place , to give your majesty most humble thanks , for having acquainted your parliament , with the great danger your sacred person hath been so nearly expos'd to , and the design of an invasion from our enemies abroad ; we heartily congratulate your majesty's happy preservation , and thankfully acknowledg the signal providence of god in it ; and at the same time declare our detestation and abhorrence of so villainous and barbarons a design : and since the safety and welfare of your majesty's dominions do so intirely depend upon your life , we most humbly beseech your majesty to take more than ordinary care of your royal person : and we take this occasion to assure your majesty of our utmost assistance , to defend your person , and support your government against the late king james , and all other your enemies , both at home and abroad ; hereby declaring to all all the vvorld , that in case your majesty shall come to any violent death , ( which god forbid ) we will revenge the same upon all your enemies , and their adherents . and as an in●nce of our zeal for your majesty's service , we will give all possible dispatch to the publick business : and we make it our desire to your majesty , to seize and secure all persons , horses , and arms , that your majesty may think fit to apprehend upon this occasion . to which his majesty gave a gracious answer to the effect following , viz. my lords and gentlemen , i thank you heartily for this kind address : on my part you may be assured , that i will do all that is within my power for the conservation of this kingdom , to which i have so many obligations . i will readily adventure my life for the preservation of it , and recommend my self to the continuance of your loyalty and good affections . the house of commons also the same day resolved upon the following association to be signed by their members . whereas there has been a horrid and detestable conspiracy , formed and carried on by papists , and other wicked and traiterous persons , for assassinating his majesty's royal person in order to incourage an invasion from france , to subvert our religion , laws , and liberty : we whose names are hereunto subscribed , do heartily , sincerely , and solemnly profess , testify and declare , that his present majesty king william is rightful and lawful king of these realms . and we do mutually promise and engage to stand by and assist each other , to the utmost of our power , in the support and defence of his majesty's most sacred person and government , against the late king james and all his adherents . and in case his majesty come to any violent or vntimely death ( which god forbid ) we do hereby further freely and vnanimously oblige our selves , to vnite , associate , and stand by each other , in revenging the same upon his enemies , and their adherents ; and in supporting and defending the succession of the crown , according to an act made in the first year of the reign of king william and queen mary , intituled , an act declaring the rights and liberties of the subject , and settling the succession of the crown . there was also an association agreed upon by the house of lords , which was carried by a majority , which appears to be of a comfortable importance . their lordships association differs so little from that of the commons , that i do not transcribe it ; but shew you how they vary : instead of the words [ king william is rightfvl and lawful king ] their lordships insert . that his present majesty king william hath a right by law to the crown of this realm , and that neither the late king james , nor the pretended prince of wales , nor any other person hath any right whatsoever to the same , &c. ninety six of the lords spiritual and temporal , that was then present , subscribed their association , and others who were at first absent , come in daily ; it hath been refused only by . the house of commons having , as i told you , agreed upon the above-written association , ordered it to be engrossed , to be signed by their members ; and near of that august assembly , which consists of , have already ( with great alacrity ) subscribed it . on tuesday the house ordered that their absent members , as they come to the house , do come up to the table , and sign the association ; or , in their places , declare their refusal so to do : and on thursday it was ordered that the association , and the subscriptions thereunto , be entred upon the journal of the house ; and resolved that it should be presented to his majesty , by the speaker , and the whole house , before the end of that session . it was also , the same day , ordered that such members who had not already , should by monday fortnight sign the association , or declare their refusal . now a day or two before the conspirators final seperation , the king and his council began to be convinc'd of the truth of prendergast and dela rue's evidence , by a full knowledg of the witnesses characters , and by the firmness and constancy of their testimony , besides many other concurring circumstances . wherefore his majesty ordered warrants should be issued out against the persons accused , whereof some absconded , others were taken ; of these last divers confirm'd what prendergast and de la rue had sworn , and named others as partakers in the treason . whereupon more and more appearing every day to have been engaged , proclamations were published in england and scotland for their speedy apprehension . by this means through the providence of god , so many of them were either seized or delivered themselves up , as have irrefragably confirmed every part of the foregoing account . what became of the several conspirators will appear by the following list. the duke of berwick presently fled beyond the seas from the coast of sussex . capt. porter , mr. prendergast and mr. keyes , was taken at letherhead in surrey , and were brought up to town ; the last mention'd received the deserved reward of his horrid ingratitude and treasons : the two former largly confessed . capt. harris surrender'd himself to mr. secretary trumbull , and largly confess'd . capt. bois was taken , and freely confess'd . mr. ●ela rue came in , and confess'd what was done and said at the trayterous meetings at capt. poter's lodging , &c. sir iohn friend fled frōm his own house to hide himself at ▪ quaker's in stratton ground , where he was taken , arraign'd , condemned and executed . sir vvilliam parkyns was taken at mr. castlemain's chamber in the temple ; he was likewise arraign'd , condemn'd and executed ; he confest enough to shew his crime , but not his repentance . mr. bryerly taken , and confess'd . peter cook , gent. taken march th ; and committed to newgate arraign'd and condemn'd , but not as yet executed . christopher knightly , was taken disguised in womens clothes , arraign'd and condemn'd , but as yet not executed . sir roger l'estrange , was taken up , and dismist upon bail. edward king was taken , arraign'd , condemned and executed . capt. stow , taken the th of march , in a spunging-house , near smithfield ; he having caused himself to be arrested upon a sham-action of l. under the name of smith . mr. blair , was taken , examin'd , and confess'd . mr. robert ferguson was seiz'd in gray's - inn-lane , hid under a bed. — lowick was seiz'd in alley in golden-lane , very much disguis'd , arraign'd , condemned and executed . sir iohn fenwick with-drew , upon notice there was a proclamation out against him ; was taken with one vvebber , at rumney in kent , ready to go over-sea , and was committed , and is still a prisoner . ambrose rookwood was taken , tryed , condemned and executed . the earl of aylesbury was taken and committed to the tower , where he is still a prisoner . — goodman , was taken , and made an ingenious confession . — bertram was taken , and confess'd . robert charnock was taken , arraign'd , condemned and executed ; the deserved reward of his horrid treasons . vvilliam berkenhead , who has gone by the several names of east , vvest , south , fish and baker , was taken , but since made his escape out of goal . charles cranburne was taken , arraign'd , condemn'd and executed . sir george barclay fled , and with-drew from justice upon the first discovery , and is out-law'd . sir thomas row , upon the first discovery , shot himself into the head , of which wound he the same day died . besides these there are several others secured which must not expect to be dismiss'd but by due couse of law. wherefore to return to what happen'd shortly after the discovery . his majesty having now receiv'd irresistible proof of the certainty of the wicked and unnatural design ; that the world might have the like conviction , resolv'd speedily to bring some of the most notorious malefactors to a fair and open tryal . the persons who were first put upon justifiying themselves , were robert charnock , edward king and thomas keys , on the th of march ● , against whom divers witnesses were produced , who in their depositions , first gave some distinct account of the plot in general , and then of the particular share each person at the bar had in it . as to what concern'd charnock . capt. porter first depos'd , that the said charnock , himself , and others did meet at the globe-tavern in hatton-garden , the nags-head in st. iames's - street , and often in other places , where they did consult and contrive the design for assassinating his majesty's person , agreed upon it , and the ways and methods for carrying it on ; that he with the rest did agree it should be done on the th of february , in the lane coming from brentfort to turnham-green , and horses and arms were provided , and that he did personally ingage and bring or men more to act in the design , that he went into france to invite the late king iames to england with a foreign force . the next was mr. de la rue , who swore , that he the said charnock was at several places with divers of the conspirators and where the matter was discours'd concerning the assassination : and that some time after the first disappoinment , he ask'd him , how the thing went ? and he answer'd , he was afraid it would come to nothing . then mr. prendergast swore , that charnock sent a note to capt. porter , to countermand the order for the th of february , subscribed by the name of robinson . next mr. bertram swore , that he the said charnock ask'd him , if he would be one in the design in taking off the spark ? meaning king vvilliam , but he answer'd , he was otherwise ingaged . and after the second disappointm●nt , he this deponent met him again , who told him , he heard vvarrants were out against them : therefore would have had him come to his lodging , where , with others , to have gone to kensington to put their design in immediate execution , and assur'd him there would be safety in so doing . against king. first , capt. porter deposed , that the said edward king went with him and knightly , to view the ground : and was with the other conspirators at most of their meetings , particularly at his lodging in maiden-lane , the same day they were to execute their design ; where were discourses of that nature : and also at the blew-posts in spring-garden , that he was present when word was brought of the disappointment . the next was mr. de la rue , who swore , that the said edward king told him , on the th of february , that he was going out town about something in order to the design , with knightly , durance , and others , to see whether the king went to richmond or hounslow , and that sometime after he told this deponent , he did ride out with his friends , and that there was the rarest place for the execution of the design against king william that was possible , or had they studied never so long for a convenient place they could not have had such another . and that he was with him on the th and d of february , at porter's lodging , and the blew-posts in spring-garden , where they had discourses concerning putting their purpose in execution . and that he had seen him at divers other times and places . mr. bois swore , that king was the first that ever told him of the assassination , it was at his own chamber in this manner ; that there was a great undertaking in hand , that he had put his name into the list , and that , if he would make one , he should have a horse ; and gave him s. to buy boots . he told him several were come over from france ; that the late king iames would land very speedily . against keys . capt. porter first deposed , that he the said keys was present at most of the consultations , he hired horses for the captain to be imploy'd in the business . that he was at the blew-posts in spring-garden , with him and the other conspirators , where word was brought of the disappointment , both the th and d of february , and that he agreed to be one that should be personally concern'd in the assassination . mr. prendergast swore , that he the said keys was at capt. porter's lodging in maiden-lane , the th of february where were divers others , whose discourse chiefly tended to the execution of the assassination : and afterwards , on the same day , they met again at the blew-posts in the spring-garden , where , with others , he did agree to act in the design . mr. de la rue deposed , that he the said keys was one of those that met at the blew-posts in spring-garden , on saturday the d of february , and he was the only man told him of the meetings . that when word was brought of the disappointment , he went to the mews-gate , to learn the reason if he could of the king 's not going abroad for two saturdays together ; and that he brought in word . the guards were come back in a foam , and the king's coach to the mews-gate , and by people's muttering he fear'd a discovery . but the whole evidence against charnock , king and keys being clear and positive testimony ; and what they pleaded for themselves being only their own single affirmation and negation , without any support of witnesses , the jury brought them in guilty of high-treason . accordingly to which sentence they were executed the th of the said month. at the time of their execution each of them deliver'd a paper , to the sheriffs , wherein they own'd themselves guilty of the crime for which they stood condemn'd , and that they were for killing the king and the guards . the next criminal arraign'd was sir iohn friend , who was brought to his tryal , march the d of that year . against him capt. porter deposed , that about the latter end of may or beginning of iune , on a monday , the lord aylesbury , the lord mongomery , sir iohn friend , sir william parkyns , sir iohn fenwick , mr. charnock , one cook , and this deponent , met at the old king's-head in leadenhall-street , and at one mrs. monjoy's - tavern in st. iames's - street , sometime after . at both these meetings it was consulted and agreed , to send charnock over to france to invite the late king iames to england and to prevail with the french king to furnish him with men ; foot , horse , and dragoons , and each did promise to meet him at his landing with horse , and sir iohn friend did say , he would be as forward in his assistance as any . and not long after the second they had a third meeting , where were sir william parkyns , sir george barclay , sir iohn friend , one holmes , mr. ferguson , and this deponent . capt. blair swore , that or years ago sir iohn friend produc'd a commission he had from k. iames , to be a colonel of a regiment of horse , which he was to raise , and to appoint what officers he thought fit ; that he read the commission , it was seal'd at the top iames rex , and counter-sign'd melford , that he promised this deponent he should be his lieutenant colonel , and told him he should get as many men as he could , that mr. fisher was to be his first captain , and vernatti was to be another , and mr. sclater should be captain of a troop of non-swearing parsons , and that for ingaging and contracting with men to come in to be of his regiment , and to caress and keep them together and to carry on the design , he had expended a great deal of money . and that he laid down l. to facilitate col. parker's escape out of the tower ; that he had wrote a letter to king iames , and gave it this deponent to read , who told him 't was well penn'd , and that he believed mr. ferguson did pen it . to this sir iohn friend makes an objection against the credit of the witnesses that they were not to be believed , upon this account , because they are known to be roman catholicks , and he a protestant , their consciences as to oaths , are somewhat large , especially when they swear against protestants , and therefore , says he , they are not to be allow'd , against protestants , as witnesses ; and that their credit was not sufficient to induce a jury to believe them . at first he alledged there was a statute that disabled them from being witnesses , but that was proved to him to the contrary . then he insisted upon it , that blair was not to be look'd upon as a witness , and that because he denyed he knew any thing of the plot : the occasion of that was this ; when he was in the gate-house , there was news in the flying-post or post-boy , where it was alledged that blair had confess'd all ; and that thereupon blair said , he was innocent ; but blair being called into court again swears , he did not say he knew nothing of a plot , but deny'd being privy to , or concern'd in the assassination : so that he did not deny wholly to be in the plot , but in the assassination . another thing he insisted upon to be a matter of law , in the statute of the . edw. . which was over-rul'd by the court. so that what he had to say for himself , proving no way material ; then the jury withdrew , and return'd after a short time , and brought him in guilty of high-treason . as touching the paper he deliver'd to the sheriffs , at the time of his execution , he said , he died in charity with all men , and a member of the church of england ; he no way denyed the fact for which he stood condemn'd , but rather justified it , and made some groundless reflections on the legal and regular proceedings against him ; concluding with a prayer which could be dictated by none but a fierce jacobite . it was in truth a prayer more proper for their treasonable meetings at the old king's-head in leadenhall-streei , &c. than to be used as the last words of a gentleman dying in the profession of the church of england . the next offender that came under the stroke of justice , was sir william parkyns ; who came to his tryal the th of march the same year : amongst the several witnesses that was produc'd capt. porter was the first , who has been a witness hitherto against several upon the like occasion , he swore , that about the latter end of may or beginning of iune , , sir iohn fenwick , sir iohn friend , sir william parkyns , and this deponent , with divers others , met at the old kings-head in leadenhall-street , and some time after , at mrs. monjoy's ; at both which places they did consult , how they might again restore king iames : in order to it they thought it very necessary to send , mr. charnock , who was at that meeting , to king iames , and invite him to england with a french force , viz. foot , horse , and dragoons , if he could solicit the french king to lend him so many , and that each of them did send their promise to meet him , where he should appoint to land , at the head of horse . and further , as to the assassination , he swore , that about the latter end of ianuary , or beginning of february , sir george barclay was sent over with a commission from the late king iames ; whereupon sir george barclay , sir william parkyns , this deponent , with divers others , had several meetings , particularly at the globe-tavern in hatton-garden , the nags-head tavern in covent-garden , the sun-tavern in the strand , and other places . where it was resolved to undertake to assassinate king william , that sir william did consent to it , and said , he thought it necessary to be done , to facilitate the restauration of king james : and offer'd to lend horses to engage in it , three to be mounted by men as he would get , the other two by capt. porter ; that he told charnock , in this deponents hearing , he had a commission from king james for the raising a troop of horse , and that he had seen and read the commission sir george barclay brought over , which was to levy war against the person of the prince of orange , and that he would not personally engage in the assassination , because he had a regiment to look after . sweet swore , that he the said sir william parkyns told him about christmas last , that king james would come ; he ask'd him , how he knew it ? he told him , he had his word for it ; and that he had a troop which consisted of old soldiers ; he had thirty sadles , and besides there would be some volunteers which were old officers : that he was to go into leicester-shire , and did , it was about the latter end of ianuary , and scudamore went with him ; and one yarborough , and a parson that came out of york shire , met him there : and that he found the west was as well inclin'd to king james 's interest as the north ; and a lord's brother was concern'd . that sir william sent for him out of the country the second time the king was to be assassinated , and that he had designed to have used him in the business , but that he had compassion on his family . eubank swore , that he , in ianuary last , waited on sir vvilliam into leicester-shire where several resorted to him , particularly one yarborongh , and a york shire parson ; that afterwards he ordered him to bring three horses to london , and he brought them up the th of february , and sir vvilliam told him , he thought to go out of town on the morrow , being saturday ; but his mind altered 'till monday following , when he went to his house in vvarwick-shire , and return'd the friday after , which was the st of ianuary , and brought up four horses more . the next day , being saturday , this deponent was sent on a message to kensington ; the answer he brought back was writ in his almanack , which he shewed to sir william , who thereupon bid him go to his inn , and get his horses ready to go out of town in the afternoon , which he did ; on the monday following he received a letter from sir william , to go to his fellow-servant evans ; that after reading the letter , they went with a cart and horses to one haywood's house to fetch some chests ; there were three large ones , out of which were taken seven or eight smaller , which they carried to sir william's house , and buried them in the garden . then thomas watts was sworn , who deposed , that after the breaking out of the plot , he did search sir william parkyns's house , where , in the garden , he found buried several boxes , or chests ; there was in them four dozen of swords , thirty two carbines , twenty five brace of pistols . there are more substantial concurring evidence , which i think two tedious to mention ; but shall refer any inquisitive person to the tryals . sir vvilliam parkyns says for himself , that he does admit and agree , what porter says is very positive and full , but that is but the evidence of one witness : and that by the law no person ought to be convicted of high-treason upon the testimony of one witness . but then it was answer'd , as to the matter of law , he is to the right , no man ought to be convicted of treason , upon the testimony of one single vvitness : but it was prov'd he , with others , did send charnock into france . to which if you add the testimony of sweet , who swore sir vvilliam told him king james would come , that he had a troop , had bought saddles , his having such a quantity of arms , of his going into liecester-shire . if all which be understood in pursuance of the design against his present majesty , then there are at least two witnesses , to several overt-acts of the same treason . but then it was objected by sir vvilliam , that sweet does not prove any overt-act , that what he said being only words , and words are not treason . but then it was answer'd , they are words that relate to acts and things . that he had a great quantity of arms , beyond what he , as a private man , could have occasion for , or use : sir vvilliam pretended he found them at his house , when he first went thither , all rusty ; but account was given , these were bright and fit for use . by this plain evidence of the several stages of his journey , his treasonable intercourse with the men of the north , his agreeing , with others , to send charnock to france , his providing such a considerable quantity of arms , his engaging to lend horses , and men , to act in the assassination , &c. was made out beyond all possibility of confutation . after a full hearing on both sides the jury with-drew , and after a very short time return'd , and brought him guilty of high-treason : according to which sentence he was executed the d of april following . at the time of his death delivered a written paper to the sheriffs , wherein he acknowledg'd his being concern'd in the design against the king's life . on the st of april , was ambrose rookwood brought to tryal . against him capt. porter first deposed , that at several meetings for the carring on this design against his majesty , mr. rookwood was present , more particularly at the globe-tavern in hatton-garden , where sir george barclay , mr. charnock , sir vvilliam parkyns , this deponent , and others , discours'd which was the best way and method ; that , and first , mr. rookwood said , 't was a very desperate thing , and seem'd not very willing to engage in it , whereupon sir george barclay told him , he should command his party ; he reply'd in french , there 's an end of it , and consented . and farther that on saturday morning the th of february , there met at his , this deponent's lodging , in little rider-street , sir george barclay , rookwood , and several others , where word was brought by durance , the king did go abroad ; and it was resolv'd by all , the same day to put their design in execution . the next witness produced was captain harris , who swore , that on saturday morning the th of february , the first day when this assassination was design'd to be committed , he went to the lodging of one burk , where mr. rookwood was , with others , and he found them all in great disorder , and thereupon ask'd them , what was the matter , and what they were going to do ? and rookwood bid him go to one counter , and he should know of him what was the matter . accordingly he went ; and counter told him , and those who were with him , that they must get ready to go to turnham-green ; and at the same time and place , he this deponent met sir g. barclay , and after some discourse of attacking the coach , sir g. barclay at the first said , they were his ianizaries ; and afterwards going out , he came in again , and said , they were men of honour , and that they were to go abroad to attack the prince of orange : he further depos'd , that upon saturday the d of february , the second time it was to have been put in execution , mr. rookwood gave this deponent a list of men that he was to command ; that mr. rookwood's name was at the top , and this deponent's counterfeit name , which was ienkins , and hare's counterfeit name , which was guinea ; and that he told this deponent , he was to be of his party , and that he should be his aid-du-camp , and they were to make ready to go to turnham green to attack the prince of orange . then the council for the prisoner endeavour'd to take off the credit of mr. porter , and opened very great crimes , that he should be guilty of , which must render him a person not to be believed ; but did not prove any thing : no witness that they call'd against mr. porter said any thing against him , to invalidate his testimony , or to introduce any one to disbelieve what he has said . then they said in point of law , there is no overt-act proved of any design against the king's life , that affects mr. rookwood ; there were other objections started , which were over-rul'd by the court. the jury went forth to consider of their verdict , and after a quarter of an hours stay return'd , and brought him in guilty of high-treason . the next person that was call'd to the bar to justify himself , was charles cranburne , the d of april , . against him capt. porter deposed , that he made the said cranburne acquainted with the design of assassinating his majesty king vvilliam , the day before they were to execute it ; and he engaged to be ready and make one . on saturday , the d of february , he came to my lodging in maiden-lane , and i sent him to sir william parkyns . for a note for two horses that i was to mount of his : he came back and told me he knew where to have them , and that capt. charnock was afraid we should not have our complement of men , and desir'd me to send him an account what men i could bring , which i did , by mr. cranburne ; and being to go to the blew-posts , order'd him to bring it to me thither ; and he did bring it back to me , to the blew-posts , with capt. charnock's list underneath : and notwithstanding word being brought of the disappoiotment , we parted not till we had drank the healths , to the restoring the late king james , the prince of wales , &c. then mr. de la rue swore , that he the said cranburne , the d of february , the day on which they the second time thought to put the design in execution , was sent with a list , by capt. porter , of his men , and whilst i and capt. porter was at the blew-posts in spring-garden , he brought , to capt. porter , the list from charnock , with an addition of names . and after , word was brought of the disappointment , the company began to drink very disloyal healths , as to the restoring the late king james , the queen , the prince of wales , and the french king. then capt. porter , having an orange in his hand , squeez'd it , and drank a health , to the squeezing the rotten orange ; which was pledg'd by all , and particularly by mr. cranburne . mr. prendergast depos'd , that he was with mr. cranburne the th of february , and there was a discourse of going in pursuance of this design the next day , and mr. cranburne agreed to it : and when they were disappointed the th being at the blue-posts in spring-garden , they then agreed to pursue it the next saturday , and that cranburne was one of them that agreed to it . to all this mr. cranburne and his council offer'd very little , finding the evidence so positive ; so the jury withdrew to consider of their verdict a quarter of an hour , and return'd into court , having found him guilty of high-treason . on vvednesday the d of april , robert lowick was brought to the king's-bench bar , for conspiring to assassinate his majesty king vvilliam . against him mr. harris swore , that between the th and th of february he met mr. lowick in red-lion-fields , and discoursed with him there , about the assassination ; and told him what a barbarous and inhumane thing it was that we should be the murderers of the prince of orange , and that it would render us odious to all the world , and that we should be a continual reproach to our selves ; he did agree it was so , but would obey orders ; that he said sir george barclay , he was sure , would not do it without orders ; which he repeated twice . on saturday the th he this deponent and mr. lowick din'd at a cooks at the end of red-lion-street ; and being there together , he this deponent was in a sweat , and lowick ask'd him the reason ; he told him he had been about to get ready rookwood's party that were to seize the king : says he , you need not grudg to do it , you have six shillings a day , and i have nothing , and yet i brought a couple of men at my own charge . then mr. bertram swore , that he the said robert lowick came to him about the beginning of february last , and ask'd him if he would espouse a thing with him that might be for his advantage ? he told him , he thought he might espouse any thing that he thought fit to engage in ; he answer'd it was well , and desir'd him to ask him no more questions . on the th of february he desired him to be at his lodging at a clock ; he went : when he came there , he took him up into his chamber , and told him , he believed they would ride out in some little time , and that the king was to be seiz'd in his coach ; and he gave him a guinea to buy him necessaries . to this he and his council had little to offer in their defence , the evidence being so full and positive against them ; which being summ'd up to the jury , they withdrew for a short time , and return'd into court , having found him guilty of high-treason : according to which sentence he was executed , and rookwood and cranburne with him . on vvednesday the th of may , in the said year , peter cook gent. was indicted for endeavouring to procure forces from france to invade this kingdom , and conspiring to levy war in this realm for assisting and abetting the said invasion , in order to the deposing his sacred majesty king william , and restoring the late king iames. the first witness produced was mr. porter , who swore , that the lord ailesbury , my lord montgomery , sir iohn fenwick , sir vvilliam parkins , sir iohn friend , mr. charnock , mr. cook , and himself , ( mr. goodman came in after dinner ) had two meetings ; the first was in may , at the old king's head tavern in leadenhall-street , in order to consult about an invasion . in this meeting it was consulted which was the best way , and the quickest , to restore king iames , and hasten his return into england ; several discourses and proposals there were : at last in was agreed to send mr. charnock to the late king , to borrow of the french king men , foot , horse , and dragoons , to be sent over into england , to assist the late king's restoration . says mr. charnock thereupon , this the king can do without your sending , and i would not go upon a foolish errand . what will you do in this matter ? the company desir'd him to promise king iames , that if he would send word where he landed , they would be sure to meet him at his landing with a body of horse . and all of them that were there present , was ask'd by charnock , whether he might assure the king of what they had told him ? every one said , yes , you may : and when mr. cook was ask'd , he kneel'd upon a chair , and said , yes , you may . the d meeting was about the latter end of may , or beginning of iune , at mrs. montjoy's tavern , at st. iames's ; where were present , at that time , my lord aylesbury , sir iohn friend , sir william parkyns , and mr. charnock , and mr. cook , and himself ; they did assure mr. charnock that they kept to their former resolution , and would abide to what was agreed upon at their first meeting : and that accordingly mr. charnock did go to france , and he did return , and bring back king iames's thanks to them : and he had share of the complement . then mr. goodman swore , that about the middle of the month of may , mr. porter acquainted him there would be a meeting of some of king iames's friends , at the old king's-head in leadenhall-street ; that tho he could not dine with them he would come to them after dinner , which he did ; when he came there , mr. porter brought him into a room where was my lord montgomery , my lord aylesbury , sir iohn fenwick , sir iohn friend , sir william parkins , mr. charnock and mr. cook : after we were set down , there was a consultation , that considering the french king's wars retarded the affair of sending back king iames , and the means of restoring him to the crown ; it was thought fit after some debate to send mr. charnock into france , to king iames , to prevail with the french king to furnish ten thousand men , whereof to be foot , horse , and dragoons : that we would meet him at the head of horse . when our resolution of the thing and the number was thus fixed , mr. charnock ask'd , whether it were with all our consents ? and that he might assure the king , that this was our resolution ? whereupon we all rose up , and said to him , yes , you may ; yes , you may ; every one particularly : that at the same time mr. cook kneel'd upon the chair , when he said , yes , you may , and his elbows were upon the table . there was another meeting as capt. porter told me , but i had business in the city ; but whatever he promis'd on my behalf as to the quota of men , i would be sure to make it good , but was not at the second meeting . so that after a long tryal and hearing council both for the king and prisoner , the jury with-drew to consider of their verdict about three quarters of an hour ; they return'd into court , and brought him in guilty of high-treason . as for the persons out-law'd , my lord , they having by law the space of a whole year allow'd to surrender themselves , before they are to be look'd on as men absolutely to be condemn'd , it 's hoped before that time 's expired , that some of them will voluntarily come in , and stand a legal trial , and , if possible , prove themselves innocent : but if not , they must not think the evidence against them will be any longer suppress'd , there being to be found in the informations given in upon oath , abundantly sufficient to convict every man of them , either of the intended insurrection or assassination ; both which are made out with as much clearness of testimony and strength as any humane affair is capable of . and his majesty is deeply sensible , and hath publickly acknowledg'd , how he has once more been preserved , by the immediate hand of heaven , from the rage and violence of blood-thirsty and cruel men ; cannot but look on himself as a-fresh oblig'd to manifest his gratitude to heaven , by promoting the glory of his preserver , in continuing to consult , above all things , the welfare of his church , and the peace and happiness of this great people committed to his charge . and since , my lord , the divine favour has so marvellously put into his hands this new advantage , he will improve it , not in acts of severity and revenge , which your lordship knows his nature utterly abhors , but by imitating the divine goodness , in a regular course of strict justice to all obdurate impenitents ; so , which he much rather desires , in his usual method of mercy and kindness , to as many as shall give sincere proofs of penitence , and reformation of their pail crimes : vertues , which we have too much reason to believe , his enemies have been hitherto little acq●ainted with . before i conclude , my good lord , let me entreat your lordship's patience whilst i address my self to those misguided english-men , who , after all this , persevere to be disaffected to his majesty and the government ; whom i would willingly perswade to cease doting on their old bondage , and hankering after a perjur'd prince , who when amongst us , broke his coronation oath , and studied nothing more than subjecting us to popery , slavery , a despotick and arbitrary government . did he not assume to himself a power to suspend and dispence with the execution of the laws , enacted for the security and happiness of the subjects , and thereby rendred them of none effect ? and did he not , in order to the obtaining a judgment in the court of king's-bench , for declaring the dispensing power a right belonging to the crown , turn out such judges as could not in conscience concur in so pernicious a sentence ? and after having pack'd judges for his purpose , he obtain'd the judgment he requir'd . what , can no king please them but him who set up a commission of ecclesiastical matters , against express laws to the contrary , which were executed contrary to all law ? can no one content them but a prince who values nothing in the world so much as the overturning our religion ? and in order thereto , did he not send the archbishop of canterbury , and six other bishops , to the tower , for setting forth , in a petition , their reasons why they could not obey the order requiring them to appoint their clergy to read the declaration for liberty of conscience ? finally , can nothing please them but a king who arbit●ally , and against law , turn'd the fellows of magdalen college in oxford out of their freeholds , and put the college into the hands of papists ? did he not bring his army of irish cut-throats by whom we went in danger of being murder'd every moment ? or if the experience of time past , so dearly bought , can prevail nothing with them , let them but seriously reflect on their present condition , who may , if they will , securely enjoy peace , plenty , liberty , and the best religion under the best of princes , whilst many misguided gentlemen , both english and scotch , who have abandon'd their families and estates to follow that unhappy prince to st. germain's where a considerable party being protestants , they only desir'd a chappel from the late king iames , for the exercise of their worship according to the church of england ; and propos'd dr. granvile , brother to the earl of bath , formerly dean of durham , as a fit person to be their chaplain : they urged the great incouragment such a toleration would give to his adherents in england , and what satisfaction it would be , to such protestants as followed him ; but tho' common policy , and his circumstances made every body believe that this request would be easily granted , yet it was positively denyed , and dr. granvile obliged not onely to retire from court , but also from the town of st. germains to avoid the daily insults of the priests , and the dreaded consequences of the jealousies with which they possess'd king iames's court against him . dr. gordon a bishop of scotland , the only protestant divine that then was there , met with a worse treatment still than dr. granvile , and was reduc'd to the necessity of abjuring his religion for want of bread , with which he could not be supplyed but upon those hard terms . let them examine a little farther , and they will find the lord chief justice herbert , a person both well qualified to give advice in english affairs , and of an unspotted reputation in his country , interceding in behalf of the protestant party's demand : upon which an information was trump'd up against the chief justice by mr. comptroller skelton and sir william sharp , of having said that k. iames's violent temper would ruin himself and all that follow'd him . my lord own'd the words ; but made so ingenious an explanation of his meaning , that king iames was satisfied . shortly after they charged him with another plot of corresponding with the english , whereupon he , and a worthy lady with whom he boarded , were confined ; and broomfield , the quaker , committed to the bastile . thus was my lord chief justice , for no other reason but his adhering to a protestent interest , excluded from all share of management of affairs in king iames's court ; tho' his capacity and sufferings were sufficient , in the eyes of all reasonable men , to have intituled him to a share in that prince's favour and secrets . if my lord chief justice herbert was so used , i would fain know , upon what ground any of our iacobites should flatter themselves of a better treatment . sir andrew forrester , sir theophilus oglethorp , and mr. fergus graham , these gentlemen by their capacities as well as services , were encourag'd to go over and offer their assistance to king iames ; at whose hands they were unkindly used , and the reward of their service , only a pass to return for england again ; where 't is expected they will plot no more . if there can still remain any well-meaning men in their party , led away by the specious delusions of good words abused to the worst of things , let them instead of hearkening to what wicked and designing men under the most deceitful colours suggest to them for sinister ends , guide their opinions by their own plain and sensible observations . let them but fairly and indifferently , compare the present state of all nations round about them with their own : and then let them , if they can , refuse to bless god and king william for their inexpressible advantages above all others . henceforth therefore let no vain pretence of liberty and property push them on to the same desperate designs by fomenting jeasousies between the king and his people , or throwing in sparks of discontent , and endeavouring to blow them up into flames of mutinies and rebellions . be advised to consider what you are doing , and run not headlong to destruction by helping forward your countries ruine , by labouring to subject it to its most avowed enemies ; the securing whose interest here in england , was the devilish design so long on foot. wherefore let me conjure them to look back on their past actions which gave us the dismal prospect of slavery in our persons , consciences and estates , if the divine goodness had not miraculously appear'd for our deliverance . let us seriously consider , if the direful stroak which was levell'd against his majesty had taken effect , what the consequence would have been ; assuredly we must have bid adieu to our religion , law and 〈◊〉 at once , for popery , tyranny , and oppression pour'd in upon us like a mighty 〈…〉 wives and daughters ravished , 〈…〉 our faces , our selves ransack'd and plunder'd , if not knock'd on the head , and if spar'd , 〈◊〉 to live in the most extream misery , and at last 〈…〉 with the utmost cruelty . therefore since it has pleased god to bless us with the surprize of a deliverance from so great evils , let us be perswaded to become a loyal and quiet people , 〈◊〉 to obedience ; which is the hearty wish of a 〈…〉 of his country , and , my lord , your lordship 's humble servant . finis errata . pag. . lin . . dele 〈◊〉 after that . p. . l. . re●d 〈◊〉 . p. . l. r. principal . p. . l. . r. disapp●inted . p. . l. . r. repre●e●tation . p. . l. . r. have had . p. . l. . r. giving . ibid. l. . dele in . p. . l. . r. 〈◊〉 . p. . l. . dele comma after 〈◊〉 . ibid. l. . r. 〈◊〉 . p. . l. . dele comma after others notes, typically marginal, from the original text notes for div a -e pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. ● pag. . pag. . pag. ● . pag. ● pag. pag. vide a view of the court of st. germains .