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 12, 13 and 14, 1683.
         Walcot, Thomas, d. 1683.
      
       
         
           1683
        
      
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             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 12, 13 and 14, 1683.
             Walcot, Thomas, d. 1683.
             Hone, William, d. 1683.
             Russell, William, Lord, 1639-1683.
             Rouse, John, d. 1683.
             Blague, William.
             England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex).
          
           [2], 81 p.
           
             Printed for Richard Royston, Benjamin Took, and Charles Mearn,
             London :
             1683.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Walcot, Thomas, d. 1683 -- Trials, litigation, etc.
           Hone, William, d. 1683 -- Trials, litigation, etc.
           Russell, William, -- Lord, 1639-1683 -- Trials, litigation, etc.
           Rouse, John, d. 1683 -- Trials, litigation, etc.
           Blague, William -- Trials, litigation, etc.
           Trials (Treason) -- England -- London.
           Rye House Plot, 1683.
        
      
    
     
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           THE
           TRYALS
           OF
           
             
               Thomas
               Walcot
               ,
            
             
               William
               Hone
               ,
            
             
               William
               Lord
               Russell
               ,
            
             
               John
               Rous
               &
            
             
               William
               Blagg
               .
            
          
           FOR
           HIGH
           -
           TREASON
           ,
           For
           Conspiring
           The
           Death
           of
           the
           King
           ,
           And
           raising
           a
           REBELLION
           IN
           THIS
           KINGDOM
           :
           At
           the
           Sessions-House
           in
           the
           
             Old-Baily
             London
          
           ,
           on
           a
           Commission
           of
           Oyer
           and
           Terminer
           held
           there
           for
           the
           City
           of
           London
           and
           County
           of
           Middlesex
           ,
           on
           
             Thursday
             ,
             Friday
          
           and
           
             Saturday
             ,
             Iuly
          
           12
           ,
           13
           ,
           and
           14.
           1683.
           
        
         
           LONDON
           ,
           Printed
           for
           
             Richard
             Royston
             ,
             Benjamin
             Took
          
           and
           
             Charles
             Mearn
          
           .
           M
           DC
           LXXXIII
           .
        
      
       
         
         
           I
           Appoint
           RICHARD
           ROYSTON
           ,
           BENJAMIN
           TOOK
           and
           CHARLES
           MEARN
           to
           Print
           the
           TRYALS
           of
           THOMAS
           WALCOT
           ,
           WILLIAM
           HONE
           ,
           WILLIAM
           Lord
           RUSSEL
           ,
           JOHN
           ROUS
           and
           WILLIAM
           BLAGG
           ,
           at
           the
           Sessions
           in
           the
           Old-Baily
           ;
           and
           that
           no
           other
           do
           presume
           to
           Print
           the
           same
           .
        
         
           
             Will.
             Prichard
             ,
             Mayor
             .
          
        
      
    
     
       
         
         
           The
           Tryals
           ,
           &c.
           
        
         
           
             The
             Tryal
             of
             Captain
             
               Thomas
               Walcot
            
             .
          
           
             
               THursday
               Iuly
            
             12.
             1683.
             at
             the
             Sessions-House
             in
             the
             
               Old
               Baily
               ,
               London
            
             :
             The
             Court
             being
             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
               50.
               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
               20
               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
               7
               parts
               of
               the
               20.
               and
               said
               out
               of
               them
               would
               be
               raised
               2900
               men
               ,
               and
               made
               an
               estimate
               that
               the
               other
               13.
               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
               4
               or
               5
               years
               ago
               ,
               when
               the
               Popish
               Plot
               broke
               out
               ,
               and
               he
               would
               have
               had
               me
               kept
               that
               ,
               and
               used
               it
               my self
               ,
               which
               I
               did
               decline
               .
               Then
               he
               told
               me
               ,
               he
               had
               very
               good
               Swords
               in
               Ireland
               ,
               but
               he
               wanted
               them
               here
               .
               Says
               he
               ,
               I
               am
               a
               man
               that
               am
               observed
               ,
               because
               I
               have
               a
               Correspondence
               with
               my
               Lord
               Shaftsbury
               ,
               and
               asked
               me
               ,
               If
               I
               would
               provide
               him
               a
               good
               stiff
               Tuck
               ?
               I
               told
               him
               ,
               I
               would
               ,
               and
               I
               did
               bespeak
               one
               ;
               but
               before
               it
               was
               done
               ,
               the
               Design
               was
               laid
               aside
               ,
               and
               the
               Tuck
               was
               left
               upon
               my
               hands
               .
               I
               came
               to
               understand
               that
               the
               Design
               was
               put
               off
               ,
               by
               means
               of
               Mr.
               Trenchard
               ,
               who
               had
               discours't
               about
               a
               Fortnight
               before
               of
               great
               Forces
               he
               could
               raise
               in
               the
               West
               ,
               and
               the
               Duke
               of
               Monmouth
               sent
               for
               him
               ,
               but
               his
               heart
               fail'd
               him
               ,
               and
               he
               could
               not
               raise
               any
               men
               ;
               upon
               which
               ,
               my
               Lord
               Gray
               cal●●d
               him
               Coxcomb
               .
               This
               was
               about
               the
               19
               th
               of
               November
               .
            
          
           
             
             
               Mr.
               Att.
               Gen.
               
            
             
               What
               time
               of
               November
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               The
               19
               th
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               But
               upon
               what
               day
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               Queen
               
               Elizabeth's
               days
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               No
               ,
               Sir
               ,
               that
               is
               the
               17
               th
               .
            
          
           
             
               Mr.
               West
               .
            
             
               Now
               after
               this
               I
               understood
               by
               Capt.
               Walcot
               that
               Mr.
               Ferguson
               had
               the
               management
               and
               conduct
               of
               the
               Assassination
               in
               October
               ,
               and
               that
               he
               likewise
               was
               acquainted
               with
               the
               Insurrection
               ,
               and
               was
               a
               great
               man
               in
               it
               .
               I
               met
               with
               Mr.
               Ferguson
               ,
               and
               fell
               into
               discourse
               with
               him
               ,
               and
               he
               treated
               me
               ,
               as
               he
               always
               did
               ,
               with
               a
               long
               story
               of
               the
               miseries
               of
               Scotland
               ,
               and
               that
               the
               people
               were
               all
               in
               slavery
               and
               bondage
               ,
               and
               would
               be
               so
               here
               if
               they
               did
               not
               free
               themselves
               ;
               and
               says
               he
               ,
               there
               are
               two
               ways
               thought
               upon
               for
               it
               ,
               one
               is
               by
               a
               general
               Insurrection
               ,
               and
               that
               is
               gone
               off
               ;
               the
               other
               is
               a
               much
               more
               compendious
               way
               ,
               by
               killing
               the
               King
               and
               the
               Duke
               of
               York
               .
               My
               Lord
               ,
               I
               told
               him
               ,
               I
               thought
               the
               first
               way
               was
               a
               very
               dangerous
               way
               ,
               that
               the
               people
               were
               in
               no
               sort
               of
               capacity
               to
               carry
               it
               on
               ,
               that
               the
               Government
               had
               the
               Navy
               and
               the
               Militia
               ,
               and
               this
               would
               at
               the
               best
               entail
               a
               long
               War.
               He
               told
               me
               he
               thought
               the
               other
               was
               the
               best
               way
               ,
               and
               we
               went
               to
               a
               Tavern
               ,
               where
               Col.
               Rumsey
               ,
               and
               one
               Row
               ,
               and
               he
               and
               I
               went
               divers
               times
               .
               They
               proposed
               to
               meet
               at
               my
               Chamber
               as
               a
               place
               of
               privacy
               and
               little
               observation
               .
               My
               Lord
               ,
               when
               they
               came
               to
               my
               Chamber
               ,
               Mr.
               Ferguson
               proposed
               several
               ways
               of
               doing
               it
               .
               One
               way
               was
               as
               the
               King
               and
               Duke
               had
               their
               private
               visits
               in
               St.
               
               Iames's
               ,
               where
               it
               was
               an
               easie
               thing
               for
               Sword-men
               to
               kill
               them
               .
               There
               is
               one
               thing
               I
               have
               omitted
               ,
               and
               that
               was
               after
               the
               design
               of
               October
               had
               miscarried
               ,
               I
               think
               ,
               to
               the
               best
               of
               my
               remembrance
               ,
               Capt.
               Walcott
               told
               me
               ,
               there
               was
               another
               design
               of
               attaquing
               the
               King
               and
               the
               Duke
               at
               my
               Lord
               Mayors
               Feast
               in
               the
               Hall
               ,
               or
               in
               their
               return
               home
               ,
               in
               
                 Pauls
                 Church-yard
              
               ,
               or
               at
               Ludgate
               :
               and
               Mr.
               Ferguson
               did
               likewise
               tell
               me
               the
               same
               thing
               ,
               but
               the
               King
               not
               dining
               there
               the
               thing
               was
               wholly
               disappointed
               .
               Another
               way
               that
               he
               proposed
               was
               ,
               that
               they
               should
               do
               it
               as
               the
               King
               and
               Duke
               went
               down
               the
               River
               ,
               they
               should
               lie
               behind
               some
               small
               Ships
               within
               a
               Hoy
               ;
               or
               some
               such
               thing
               ,
               and
               so
               overrun
               their
               Barge
               ;
               and
               if
               that
               fail'd
               ,
               they
               should
               break
               a
               plank
               with
               their
               Blunderbusses
               ,
               and
               so
               sink
               them
               .
               Another
               way
               was
               at
               the
               Playhouse
               ,
               and
               that
               was
               to
               be
               done
               in
               this
               manner
               ;
               there
               should
               be
               40
               or
               50
               men
               got
               into
               the
               Pitt
               with
               Pocket
               Blunderbusses
               ,
               or
               Hand
               Blunderbusses
               ,
               and
               Pistols
               and
               Swords
               ;
               and
               when
               the
               Musick
               struck
               up
               between
               the
               Acts
               ,
               they
               should
               fire
               upon
               the
               Box
               ;
               but
               this
               this
               they
               thought
               was
               hazardous
               ,
               and
               therefore
               they
               thought
               it
               better
               to
               do
               it
               as
               he
               came
               back
               ,
               and
               pitched
               upon
               Covent-Garden
               under
               Bedford-Garden
               Wall
               ,
               because
               there
               was
               a
               conveniency
               for
               a
               great
               many
               men
               to
               walk
               in
               the
               Piazza
               ,
               and
               there
               might
               be
               another
               parcel
               of
               men
               planted
               at
               Covent-Garden
               Church
               Porch
               ,
               and
               within
               the
               Rails
               where
               horses
               could
               not
               come
               ;
               and
               while
               the
               men
               within
               the
               Rails
               fired
               ,
               the
               men
               in
               the
               Piazza
               might
               ingage
               the
               Guards
               ,
               and
               they
               in
               the
               Church
               Porch
               to
               come
               down
               and
               secure
               them
               from
               escaping
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               When
               was
               this
               time
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               I
               think
               it
               was
               before
               Mr.
               Ferguson
               went
               for
               Holland
               .
               And
               ,
               my
               Lord
               ,
               there
               was
               another
               thing
               propos'd
               ;
               I
               think
               it
               was
               Colonel
               Rumsey
               did
               say
               ,
               He
               wonder'd
               that
               the
               Lords
               and
               great
               Men
               that
               were
               so
               fond
               of
               the
               thing
               ,
               did
               not
               raise
               a
               Purse
               ,
               and
               buy
               some
               Body
               an
               Office
               ,
               who
               should
               rail
               against
               the
               Duke
               of
               Monmouth
               ,
               and
               the
               Whigs
               ,
               and
               by
               that
               means
               get
               himself
               an
               opportunity
               of
               access
               to
               the
               King's
               person
               .
               My
               Lord
               ,
               after
               these
               Discourses
               ,
               when
               my
               Lord
               Shaftsbury
               retir'd
               to
               Holland
               ,
               Mr.
               Ferguson
               thought
               fit
               to
               do
               so
               too
               :
               He
               was
               afraid
               of
               a
               Book
               that
               he
               had
               printed
               ,
               and
               away
               he
               went
               ,
               and
               Capt.
               Walcott
               with
               him
               .
               In
               the
               mean
               time
               I
               met
               Col.
               Rumsey
               several
               times
               ,
               and
               several
               things
               were
               offer'd
               ,
               but
               nothing
               resolv'd
               upon
               .
               A
               little
               after
               Christmas
               we
               met
               at
               the
               Salutation-Tavern
               in
               Lumbard-street
               ,
               and
               there
               it
               was
               agreed
               we
               should
               send
               for
               Mr.
               Ferguson
               ,
               and
               there
               I
               writ
               a
               canting
               Letter
               ,
               that
               he
               should
               come
               over
               for
               his
               health
               ,
               for
               he
               was
               the
               only
               man
               that
               could
               manage
               the
               Affair
               .
               When
               he
               came
               over
               ,
               there
               was
               one
               Meeting
               at
               the
               
                 Five
                 Bells
              
               ,
               but
               I
               came
               in
               just
               as
               they
               were
               coming
               away
               ,
               and
               cannot
               say
               what
               past
               there
               .
               After
               that
               they
               came
               several
               times
               to
               my
               Chamber
               ,
               and
               there
               Mr.
               Ferguson
               ,
               Mr.
               Goodenough
               ,
               and
               Mr.
               Rumbold
               ,
               undertook
               to
               provide
               the
               men
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               The
               Men
               ,
               for
               what
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               The
               Men
               for
               the
               Assassination
               :
               That
               I
               was
               not
               concern'd
               in
               ,
               either
               in
               Person
               or
               Purse
               ,
               or
               to
               procure
               any
               Body
               for
               it
               .
               And
               they
               did
               agree
               to
               do
               it
               in
               the
               going
               to
               or
               from
               Newmarket
               ,
               and
               thereupon
               were
               several
               Debates
               ,
               Whether
               it
               should
               be
               done
               at
               their
               Going
               ,
               or
               Coming
               Back
               .
               Against
               doing
               it
               Going
               Down
               ,
               it
               was
               objected
               ,
               That
               the
               Guards
               were
               left
               here
               and
               there
               ,
               and
               they
               went
               together
               ,
               but
               very
               often
               they
               return
               apart
               ,
               and
               therefore
               it
               was
               not
               the
               safest
               way
               Going
               Down
               ;
               and
               nothing
               also
               being
               prepar'd
               ,
               so
               it
               was
               resolv'd
               to
               be
               done
               Coming
               Back
               .
               Then
               it
               was
               consider'd
               what
               Arms
               should
               be
               provided
               :
               Mr.
               Rumbold
               was
               the
               Man
               to
               manage
               that
               matter
               ,
               and
               was
               to
               procure
               some
               Blunderbusses
               ,
               
               some
               Carbines
               ,
               and
               some
               Pistolls
               ;
               but
               there
               was
               nothing
               to
               be
               prepar'd
               as
               I
               know
               of
               by
               other
               persons
               ,
               but
               every
               Man
               was
               to
               provide
               himself
               .
               Several
               Meetings
               there
               were
               ,
               they
               brought
               their
               Notes
               ,
               and
               conferr'd
               together
               about
               the
               Men
               ,
               but
               I
               remember
               no
               Names
               ,
               but
               Keeling
               and
               Burton
               :
               And
               Mr.
               Goodenough
               said
               ,
               he
               had
               spoke
               to
               one
               Hone
               a
               Joyner
               ;
               and
               ,
               I
               think
               ,
               he
               spake
               of
               one
               Manning
               ,
               and
               these
               are
               all
               the
               Names
               I
               can
               remember
               .
               After
               they
               had
               conferr'd
               their
               Notes
               ,
               I
               ask'd
               Mr.
               Ferguson
               ,
               What
               provisions
               of
               Mony
               he
               had
               made
               ?
               Says
               he
               ,
               I
               shall
               have
               Mony
               when
               the
               Men
               are
               provided
               ,
               but
               not
               till
               then
               :
               For
               ,
               said
               he
               ,
               the
               last
               time
               there
               was
               some
               Mony
               rais'd
               ,
               and
               put
               into
               a
               Man's
               hand
               ,
               who
               never
               returned
               it
               ,
               but
               since
               I
               understand
               it
               was
               paid
               to
               Mr.
               Goodenough
               .
               And
               Mr.
               Ferguson
               said
               ,
               Mr.
               Goodenough
               call'd
               him
               Fool
               ,
               for
               returning
               some
               Mony
               he
               had
               ,
               and
               not
               keeping
               it
               for
               his
               own
               use
               ;
               and
               my
               Lord
               Shaftsbury
               had
               often
               complain'd
               of
               that
               Injustice
               done
               him
               :
               The
               Colonel
               said
               ,
               Mr.
               Charlton
               should
               pay
               the
               Mony.
               There
               was
               a
               further
               Debate
               ,
               How
               these
               Arms
               should
               be
               got
               down
               to
               Mr.
               Rumbolds
               ;
               It
               was
               proposed
               ,
               to
               send
               them
               down
               by
               Smithfield
               Carts
               in
               Chests
               .
               Others
               ,
               to
               send
               them
               down
               by
               trusty
               Watermen
               ,
               who
               were
               to
               cover
               them
               with
               Oysters
               .
               Others
               ,
               that
               the
               Men
               should
               carry
               them
               ;
               but
               no
               Resolution
               taken
               :
               Then
               it
               was
               consider'd
               ,
               how
               they
               should
               get
               off
               .
               The
               next
               thing
               was
               ,
               how
               they
               should
               execute
               this
               ;
               and
               it
               was
               propos'd
               ,
               That
               one
               Party
               was
               to
               fall
               upon
               the
               Coach-Horses
               ,
               a
               second
               upon
               the
               Coach
               ,
               a
               third
               upon
               the
               Guards
               :
               Captain
               Walcott
               would
               not
               undertake
               any
               thing
               but
               the
               Guards
               .
            
          
           
             
               Capt.
               Walcott
               .
            
             
               What
               do
               you
               say
               ,
               Sir
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               Sir
               ,
               I
               do
               say
               ,
               you
               were
               at
               my
               Chamber
               ,
               and
               did
               say
               ,
               you
               were
               to
               command
               that
               Party
               of
               Horse
               that
               were
               to
               attaque
               the
               Guards
               .
               It
               was
               to
               be
               done
               at
               
               Rumbold's
               House
               ;
               they
               were
               to
               lie
               there
               Pardue
               ,
               till
               the
               King
               just
               came
               down
               upon
               them
               .
            
          
           
             
               Mr.
               S.
               Jeffreys
               .
            
             
               At
               the
               time
               of
               the
               Assassination
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               Yes
               ,
               Sir.
               
            
          
           
             
               Mr.
               Att
               Gen.
               
            
             
               Where
               were
               these
               Arms
               to
               be
               carried
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               To
               
               Rumbold's
               House
               ;
               I
               did
               not
               see
               it
               :
               But
               he
               said
               he
               could
               keep
               them
               all
               private
               ,
               where
               no
               Body
               could
               see
               them
               ,
               till
               the
               time
               of
               the
               Execution
               .
               And
               that
               there
               was
               a
               Gate
               they
               were
               to
               pass
               through
               ,
               that
               he
               could
               shut
               upon
               the
               Horse-Guards
               ,
               that
               they
               should
               not
               be
               able
               to
               come
               in
               for
               their
               Relief
               .
               Mr.
               Rumbold
               said
               ,
               he
               would
               bring
               them
               off
               ;
               and
               said
               ,
               he
               thought
               it
               dangerous
               for
               them
               to
               go
               the
               Road-way
               ,
               but
               he
               would
               bring
               them
               over
               the
               Meadows
               ,
               and
               come
               in
               by
               
                 Hackney
                 Marsh
              
               :
               But
               the
               way
               which
               the
               Prisoner
               did
               most
               approve
               of
               ,
               was
               ,
               That
               they
               should
               retire
               within
               his
               Wall
               ,
               there
               keep
               till
               Night
               ,
               being
               a
               Place
               they
               could
               defend
               against
               any
               Force
               for
               a
               days
               time
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               Where
               was
               this
               Resolution
               taken
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               This
               Resolution
               was
               taken
               at
               my
               Chamber
               .
               My
               Lord
               ,
               As
               to
               the
               Attempt
               ,
               when
               they
               design'd
               to
               make
               it
               upon
               the
               King
               's
               coming
               from
               the
               Play-house
               ,
               one
               Mr.
               Row
               said
               ,
               he
               had
               discours'd
               with
               one
               Gibbons
               ,
               that
               was
               the
               Duke
               of
               
               Monmouth's
               Servant
               ,
               about
               it
               ,
               and
               ask'd
               him
               ,
               If
               any
               of
               their
               Family
               knew
               of
               it
               ?
               Yes
               ,
               says
               he
               ,
               they
               all
               know
               of
               it
               ,
               but
               they
               will
               not
               be
               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
               10000
               l.
               to
               buy
               Arms
               ,
               and
               came
               down
               at
               last
               to
               5000
               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
               20
               parts
               ▪
               each
               20
               th
               part
               into
               14
               ths
               and
               15
               ths
               ,
               and
               to
               divide
               it
               into
               Streets
               and
               Lanes
               ;
               one
               Principal
               man
               was
               to
               have
               a
               20
               th
               part
               ,
               and
               to
               have
               men
               under
               him
               and
               that
               they
               should
               not
               interfere
               with
               one
               another
               ,
               they
               bought
               a
               great
               Map
               of
               the
               City
               of
               London
               .
               My
               Lord
               ,
               I
               did
               not
               read
               one
               line
               in
               it
               :
               but
               Mr.
               Goodenough
               being
               a
               man
               of
               publick
               acquaintance
               by
               reason
               of
               his
               Office
               did
               undertake
               it
               .
               I
               think
               he
               did
               propose
               Mr.
               Borne
               for
               one
               ,
               and
               one
               Mr.
               Graines
               for
               another
               ,
               and
               said
               he
               would
               speak
               with
               Mr.
               Keeling
               .
               We
               had
               several
               meetings
               after
               this
               ,
               and
               Mr.
               Goodenough
               did
               report
               that
               there
               were
               1300
               men
               out
               of
               two
               of
               the
               Hamlets
               .
               
                 My
                 Lord
              
               ,
               I
               stood
               here
               while
               Mr.
               Bourne
               gave
               his
               Evidence
               ;
               but
               I
               suppose
               he
               hath
               a
               little
               forgot
               himself
               ,
               for
               he
               told
               me
               he
               had
               spoke
               to
               one
               Parson
               Lobb
               ,
               and
               he
               said
               to
               him
               he
               would
               try
               what
               his
               Congregation
               could
               do
               ;
               that
               he
               had
               two
               in
               Newprison
               ,
               and
               he
               would
               set
               them
               out
               to
               see
               what
               they
               could
               do
               ;
               that
               they
               were
               poor
               men
               ,
               but
               zealous
               in
               their
               way
               .
               I
               think
               Mr.
               Bourne
               hath
               forgot
               himself
               ,
               for
               he
               did
               mention
               that
               he
               had
               spoken
               to
               Parson
               Lobb
               .
            
          
           
             
               Mr.
               S.
               Jefferies
               ,
            
             
               Then
               Parson
               Lobb
               was
               in
               ;
               there
               was
               another
               Parson
               in
               .
            
          
           
             
               Mr.
               West
               .
            
             
               Yes
               ,
               and
               he
               mentioned
               Lobbs
               Pound
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               The
               Prisoner
               was
               at
               those
               several
               meetings
               ,
               was
               he
               not
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               Yes
               ,
               and
               did
               shew
               himself
               ready
               to
               act
               his
               part
               .
               About
               a
               fortnight
               before
               the
               Discovery
               brake
               out
               ,
               Mr.
               Rombold
               told
               me
               they
               had
               a
               great
               jealousie
               Mr.
               Keeling
               would
               Discover
               all
               the
               business
               ;
               that
               Mr.
               Keelings
               Wife
               and
               Mother
               cryed
               mightily
               ,
               and
               charged
               him
               for
               neglecting
               his
               business
               ;
               and
               said
               they
               were
               afraid
               he
               would
               do
               a
               great
               deal
               of
               mischeif
               to
               honest
               people
               ,
               for
               he
               had
               replied
               to
               them
               he
               would
               not
               want
               money
               ,
               and
               he
               would
               be
               hanged
               for
               no
               body
               ;
               upon
               which
               Rombold
               told
               me
               ,
               if
               I
               was
               sure
               of
               this
               ,
               says
               he
               ,
               I
               would
               dispatch
               him
               ,
               I
               would
               get
               him
               into
               the
               Country
               and
               kill
               him
               ;
               but
               saies
               he
               ,
               I
               will
               not
               kill
               an
               innocent
               man
               ;
               if
               I
               thought
               the
               thing
               was
               not
               so
               ,
               I
               would
               not
               kill
               him
               for
               all
               the
               World.
               Mr.
               Keeling
               told
               him
               he
               had
               an
               overture
               from
               one
               Shoote
               of
               fourscoure
               Pounds
               a
               year
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               After
               you
               had
               notice
               of
               the
               Discovery
               ,
               did
               you
               meet
               ?
            
          
           
             
               Mr.
               West
               .
            
             
               The
               Saturday
               before
               the
               Discovery
               ,
               I
               dined
               with
               Mr.
               Rombold
               ,
               and
               he
               took
               Mr.
               Keeling
               along
               with
               him
               ;
               saies
               he
               ,
               We
               won't
               discourage
               him
               too
               much
               ;
               it
               may
               be
               't
               is
               not
               so
               ;
               Mr
               Keeling
               told
               him
               he
               never
               wanted
               money
               so
               much
               in
               his
               life
               ;
               Mr.
               Rombold
               and
               one
               Gal●
               that
               was
               to
               be
               one
               of
               the
               Assassinates
               ;
               contrived
               to
               help
               Keeling
               to
               money
               ,
               and
               lent
               him
               1001.
               
               Upon
               the
               Sunday
               ,
               I
               had
               notice
               the
               thing
               was
               Discovered
               ,
               and
               that
               Keeling
               had
               accused
               me
               ,
               and
               Mr.
               Goodenough
               ,
               and
               Mr.
               Nelthrop
               .
               On
               the
               Munday
               morning
               early
               I
               thought
               fit
               to
               retire
               ;
               but
               we
               did
               agree
               to
               meet
               at
               Capt.
               Walcots
               Lodging
               .
               
                 My
                 Lord
              
               ,
               I
               came
               thither
               pretty
               ●arly
               ,
               and
               all
               the
               people
               came
               afterwards
               that
               had
               agreed
               to
               come
               thither
               ,
               but
               they
               designed
               to
               go
               beyond
               Sea.
               I
               had
               no
               mind
               to
               go
               ;
               they
               had
               hired
               a
               Boat
               ,
               and
               gave
               5.
               l.
               in
               earnest
               ,
               but
               the
               next
               morning
               it
               was
               said
               the
               Messengers
               were
               abroad
               ,
               and
               that
               it
               was
               believed
               the
               River
               was
               beset
               ,
               and
               there
               was
               no
               getting
               away
               ;
               then
               every
               man
               shifted
               for
               himself
               ,
               &
               I
               shifted
               by
               the
               means
               of
               Mr.
               Bourne
               ,
               who
               I
               thank
               him
               ,
               helped
               me
               to
               a
               conveniency
               for
               two
               or
               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
               5
               th
               .
               83.
               —
            
          
           
             
               L.
               C.
               J.
               
            
             
               Who
               is
               it
               directed
               to
               ?
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               There
               is
               no
               Direction
               .
            
          
           
             
               Mr.
               Blathw
               .
            
             
               It
               was
               Directed
               to
               Mr.
               
                 S.
                 Jenkins
              
               ,
               as
               I
               find
               by
               the
               Minutes
               I
               then
               took
               of
               it
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Here
               is
               the
               Cover
               it
               seems
               .
            
          
           
             
               Cl.
               of
               the
               Cr.
               
            
             
               To
               the
               Right
               Honourable
               Sir
               
                 Leoline
                 Jenkins
                 ,
                 &c.
              
               
            
          
           
             
               
                 
                   Honoured
                   Sir
                   ,
                
              
               
                 I
                 Being
                 in
                 the
                 Country
                 ,
                 and
                 to
                 my
                 great
                 trouble
                 seeing
                 my self
                 in
                 his
                 Majesties
                 Proclamation
                 ,
                 I
                 came
                 last
                 Night
                 to
                 Town
                 ,
                 resolving
                 to
                 lay
                 my self
                 at
                 his
                 Majesties
                 Feet
                 ,
                 let
                 him
                 do
                 with
                 me
                 what
                 he
                 pleaseth
                 ;
                 This
                 it
                 the
                 first
                 Crime
                 I
                 have
                 been
                 Guilty
                 of
                 ,
                 since
                 His
                 Majestie
                 's
                 Restauration
                 ,
                 and
                 too
                 soon
                 by
                 much
                 now
                 :
                 If
                 his
                 Majesty
                 thinks
                 my
                 Death
                 will
                 do
                 him
                 more
                 good
                 than
                 my
                 Life
                 ,
                 God's
                 Will
                 ,
                 and
                 His
                 be
                 done
                 .
                 Vntil
                 I
                 sent
                 your
                 Honour
                 this
                 Letter
                 ,
                 my
                 Life
                 was
                 in
                 my
                 own
                 power
                 ,
                 but
                 now
                 it
                 is
                 in
                 the
                 Kings
                 ;
                 to
                 whom
                 I
                 do
                 most
                 humbly
                 propose
                 ,
                 That
                 if
                 his
                 Majesty
                 desires
                 it
                 ,
                 I
                 will
                 Discover
                 to
                 him
                 all
                 that
                 I
                 know
                 relating
                 to
                 
                   England
                   ,
                   Scotland
                
                 ,
                 or
                 Ireland
                 ;
                 which
                 I
                 suppose
                 may
                 be
                 something
                 more
                 than
                 the
                 Original
                 Discoverer
                 was
                 able
                 to
                 acquaint
                 His
                 Majesty
                 with
                 ;
                 especially
                 as
                 to
                 Ireland
                 :
                 There
                 is
                 not
                 any
                 thing
                 His
                 Majesty
                 shall
                 think
                 fit
                 to
                 ask
                 me
                 ,
                 but
                 I
                 will
                 answer
                 him
                 the
                 Truth
                 ,
                 as
                 pertinently
                 and
                 as
                 fully
                 as
                 I
                 can
                 ;
                 My
                 intimacy
                 with
                 a
                 Scotch
                 Minister
                 ,
                 through
                 whose
                 Hands
                 much
                 of
                 the
                 Business
                 went
                 ,
                 I
                 judge
                 occasioned
                 my
                 knowing
                 very
                 much
                 :
                 And
                 I
                 do
                 further
                 humbly
                 Propose
                 ,
                 That
                 ●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
               40
               or
               50
               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
             12.
             
             William
             Hone
             
               being
               set
               to
               the
               Bar
               ,
               and
               after
               having
               held
               up
               his
               Hand
               ,
               the
               following
               Indictment
               was
               read
               .
            
          
           
             
               
                 
                   
                     London
                     .
                     
                       THe
                       Iurors
                       for
                       our
                       Sovereign
                       Lord
                       the
                       King
                       upon
                       their
                       Oaths
                       present
                       ,
                       That
                    
                     William
                     Hone
                     
                       late
                       of
                    
                     London
                     
                       Labourer
                       ,
                       with
                       many
                       other
                       Traitors
                       ,
                       as
                       a
                       false
                       Traitor
                       against
                       the
                       most
                       Illustrious
                       and
                       Excellent
                       Prince
                       ,
                       our
                       Sovereign
                       Lord
                    
                     Charles
                     
                       the
                       Second
                       ,
                       by
                       the
                       Grace
                       of
                       God
                       of
                    
                     England
                     ,
                     Scotland
                     ,
                     France
                     and
                     Ireland
                     
                       King
                       ,
                       his
                       natural
                       Lord
                       ;
                       not
                       having
                       the
                       Fear
                       of
                       God
                       in
                       his
                       Heart
                       ,
                       nor
                       weighing
                       the
                       Duty
                       of
                       his
                       Allegiance
                       ,
                       but
                       being
                       moved
                       and
                       seduced
                       by
                       the
                       instigation
                       of
                       the
                       Devil
                       ;
                       and
                       the
                       true
                       Duty
                       and
                       natural
                       Obedience
                       ,
                       which
                       true
                       and
                       faithful
                       Subjects
                       of
                       our
                       Sovereign
                       Lord
                       the
                       King
                       ,
                       towards
                       him
                       our
                       said
                       Lord
                       the
                       King
                       do
                       bear
                       ,
                       and
                       of
                       right
                       ought
                       to
                       bear
                       ,
                       wholly
                       withdrawing
                       ;
                       and
                       with
                       his
                       whole
                       Strength
                       intending
                       the
                       Peace
                       and
                       Common
                       Tranquillity
                       of
                       this
                       Kingdom
                       of
                    
                     England
                     
                       to
                       disturb
                       ,
                       and
                       War
                       and
                       Rebellion
                       against
                       our
                       said
                       Lord
                       the
                       King
                       to
                       move
                       ,
                       and
                       stir
                       up
                       ;
                       and
                       the
                       Government
                       of
                       our
                       said
                       Lord
                       the
                       King
                       within
                       this
                       Kingdom
                       of
                    
                     England
                     
                       to
                       subvert
                       ;
                       and
                       our
                       said
                       Lord
                       the
                       King
                       from
                       his
                       Title
                       ,
                       Honour
                       and
                       Kingly
                       Name
                       of
                       the
                       Imperial
                       Crown
                       of
                       this
                       his
                       Kingdom
                       of
                    
                     England
                     ,
                     
                       to
                       put
                       down
                       ,
                       and
                       deprive
                       ;
                       and
                       our
                       said
                       Lord
                       the
                       King
                       to
                       Death
                       and
                       final
                       Destruction
                       to
                       bring
                       and
                       put
                       ;
                       the
                       Second
                       day
                       of
                    
                     March
                     ,
                     
                       in
                       the
                       Year
                       of
                       the
                       Reign
                       of
                       our
                       Sovereign
                       Lord
                    
                     Charles
                     
                       the
                       Second
                       ,
                       King
                       of
                    
                     England
                     ,
                     
                       &c.
                       the
                    
                     35th
                     ,
                     
                       and
                       divers
                       other
                       Days
                       and
                       Times
                       ,
                       as
                       well
                       before
                       as
                       after
                       ,
                       at
                       the
                       Parish
                       of
                       St.
                    
                     Michael
                     Bassishaw
                     ,
                     
                       in
                       the
                       Ward
                       of
                    
                     Bassishaw
                     London
                     ,
                     
                       aforesaid
                       ,
                       maliciously
                       and
                       traiterously
                       ,
                       with
                       divers
                       other
                       Traitors
                       ,
                       to
                       the
                       Iurors
                       aforesaid
                       unknown
                       ,
                       he
                       did
                       conspire
                       ,
                       compass
                       ,
                       imagine
                       ,
                       and
                       intend
                       ,
                       our
                       said
                       Lord
                       the
                       King
                       ,
                       his
                       Supream
                       Lord
                       ,
                       not
                       only
                       of
                       his
                       Kingly
                       State
                       ,
                       Title
                       ,
                       Power
                       ,
                       and
                       Government
                       of
                       this
                       his
                       Kingdom
                       of
                    
                     England
                     ,
                     
                       to
                       deprive
                       ,
                       and
                       throw
                       down
                       ;
                       but
                       also
                       our
                       said
                       Lord
                       the
                       King
                       ,
                       to
                       kill
                       ,
                       and
                       to
                       Death
                       to
                       bring
                       and
                       put
                       ;
                       and
                       the
                       ancient
                       Government
                       of
                       this
                       his
                       Kingdom
                       of
                    
                     England
                     
                       to
                       change
                       ,
                       alter
                       ,
                       and
                       wholly
                       to
                       subvert
                       ;
                       and
                       a
                       miserable
                       Slaughter
                       amongst
                       the
                       Subjects
                       of
                       our
                       said
                       Lord
                       the
                       King
                       ,
                       through
                       the
                       whole
                       Kingdom
                       of
                    
                     England
                     ,
                     
                       to
                       cause
                       
                       and
                       procure
                       ;
                       and
                       Insurrection
                       and
                       Rebellion
                       against
                       our
                       said
                       Lord
                       the
                       King
                       to
                       move
                       and
                       stir
                       up
                       ,
                       within
                       this
                       Kingdom
                       of
                    
                     England
                     .
                     
                       And
                       to
                       fulfil
                       ;
                       and
                       perfect
                       the
                       said
                       most
                       horrible
                       Treasons
                       ,
                       and
                       Trayterous
                       Compassings
                       ,
                       Imaginations
                       ,
                       and
                       Purposes
                       aforesaid
                       .
                       He
                       the
                       said
                    
                     William
                     Hone
                     ,
                     
                       and
                       many
                       other
                       Traitors
                       ,
                       as
                       a
                       False
                       Traytor
                       ,
                       then
                       and
                       there
                       ,
                       and
                       divers
                       other
                       Days
                       and
                       Times
                       ,
                       as
                       well
                       before
                       as
                       after
                       ,
                       Maliciously
                       ,
                       Traiterously
                       ,
                       and
                       Advisedly
                       ,
                       He
                       did
                       assemble
                       ,
                       meet
                       together
                       ,
                       and
                       consuls
                       with
                       divers
                       other
                       Evil-disposed
                       and
                       Discontented
                       Subjects
                       of
                       our
                       said
                       Lord
                       the
                       King
                       ,
                       to
                       the
                       Iurors
                       as
                       yet
                       unknown
                       ,
                       and
                       had
                       Discourse
                       ,
                       and
                       did
                       treat
                       of
                       ,
                       and
                       for
                       the
                       executing
                       and
                       fulfilling
                       their
                       Treasons
                       ,
                       and
                       Traiterous
                       Compassings
                       ,
                       Imaginations
                       ,
                       and
                       Purposes
                       aforesaid
                       .
                       And
                       that
                       the
                       said
                    
                     William
                     Hone
                     ,
                     
                       (
                       together
                       with
                       many
                       other
                       Traytors
                       )
                       as
                       a
                       False
                       Traytor
                       ,
                       Maliciously
                       ,
                       Traiterously
                       ,
                       and
                       Advisedly
                       ,
                       then
                       and
                       there
                       ,
                       and
                       divers
                       other
                       Days
                       and
                       Times
                       ,
                       as
                       well
                       before
                       as
                       after
                       ,
                       did
                       take
                       upon
                       himself
                       ,
                       and
                       promise
                       to
                       be
                       aiding
                       and
                       assisting
                       in
                       the
                       execution
                       of
                       the
                       Treasons
                       ,
                       and
                       traiterous
                       Compassings
                       ,
                       Imaginations
                       ,
                       and
                       Purposes
                       aforesaid
                       .
                       And
                       in
                       providing
                       of
                       Arms
                       ,
                       and
                       Men
                       Armed
                       ,
                       to
                       fulfil
                       and
                       perfect
                       the
                       said
                       Treasons
                       ,
                       Traiterous
                       Compassings
                       ,
                       Imaginations
                       ,
                       and
                       Purposes
                       aforesaid
                       .
                       And
                       to
                       fulfil
                       and
                       bring
                       to
                       pass
                       the
                       said
                       most
                       horrid
                       Treasons
                       ,
                       and
                       Traiterous
                       Compassings
                       ,
                       Imaginations
                       ,
                       and
                       Purposes
                       aforesaid
                       ,
                       he
                       the
                       said
                    
                     William
                     Hone
                     
                       (
                       with
                       many
                       other
                       False
                       Traitors
                       )
                       as
                       a
                       False
                       Traitor
                       ,
                       Maliciously
                       ,
                       Traiterously
                       ,
                       and
                       Advisedly
                       ,
                       then
                       and
                       there
                       ,
                       did
                       procure
                       and
                       prepare
                       Arms
                       ,
                       to
                       wit
                       ,
                       Blunderbusses
                       ,
                       Carbines
                       ,
                       and
                       Pistols
                       ,
                       against
                       the
                       Duty
                       of
                       his
                       Allegiance
                       ,
                       against
                       the
                       Peace
                       of
                       our
                       Sovereign
                       Lord
                       the
                       King
                       ,
                    
                     &c.
                     
                       and
                       against
                       the
                       form
                       of
                       the
                       Statutes
                       ,
                    
                     &c.
                     
                  
                
              
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               How
               sayest
               thou
               ,
               
                 William
                 Hone
              
               ,
               art
               thou
               Guilty
               of
               this
               High-Treason
               whereof
               thou
               standst
               Indicted
               ,
               or
               not
               Guilty
               ?
            
          
           
             
               Hone.
               
            
             
               In
               some
               measure
               I
               am
               Guilty
               .
            
          
           
             
               Capt.
               Richardson
            
             
               You
               must
               say
               ,
               Guilty
               ,
               or
               ,
               Not
               Guilty
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               You
               must
               plead
               to
               this
               ,
               and
               the
               way
               is
               to
               confess
               all
               ,
               or
               deny
               all
               .
            
          
           
             
               Hone.
               
            
             
               I
               know
               nothing
               of
               the
               Arms.
               
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Are
               you
               Guilty
               of
               the
               Treason
               ,
               in
               conspiring
               the
               Death
               of
               the
               King
               ,
               and
               providing
               of
               Arms
               for
               that
               purpose
               ?
            
          
           
             
               Hone.
               
            
             
               I
               never
               provided
               Arms
               ,
               I
               am
               Guilty
               of
               the
               Conspiracy
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               We
               can
               take
               notice
               of
               none
               of
               these
               odd
               kind
               of
               Words
               you
               talk
               of
               ,
               but
               either
               plainly
               ,
               Guilty
               ,
               or
               not
               Guilty
               .
            
          
           
             
               Hone.
               
            
             
               My
               Lord
               ,
               I
               can
               truly
               say
               I
               am
               not
               Guilty
               for
               I
               know
               nothing
               of
               it
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               If
               you
               say
               so
               ,
               you
               say
               as
               much
               as
               is
               required
               of
               you
               at
               present
               .
            
          
           
             
               Hone.
               
            
             
               In
               that
               understanding
               of
               it
               ,
               I
               am
               not
               Guilty
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Well
               ,
               he
               says
               he
               is
               not
               Guilty
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               Culprit
               ,
               How
               wilt
               thou
               be
               tryed
               ?
            
          
           
             
               Hone.
               
            
             
               By
               God
               and
               my
               Country
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               God
               send
               thee
               a
               good
               Deliverance
               .
            
          
           
             Friday
             ,
             July
             the
             13
             
               th
               ,
               in
               the
               Morning
               ,
               the
               Court
               being
               met
               ,
               and
               Proclamation
               made
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Set
               
                 William
                 Hone
              
               to
               the
               Bar.
               
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               You
               the
               Prisoner
               at
               the
               Bar
               ,
               hold
               up
               your
               Hand
               .
            
          
           
             
               Hone.
               
            
             
               I
               desire
               I
               may
               retract
               my
               Plea
               ,
               I
               would
               plead
               Guilty
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Do
               you
               confess
               the
               Indictment
               ?
            
          
           
             
               Hone.
               
            
             
               Yes
               ,
               My
               Lord.
               
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               That
               is
               ,
               that
               you
               did
               conspire
               the
               Death
               of
               the
               King
               ,
               and
               in
               order
               to
               that
               ,
               that
               you
               did
               provide
               your self
               with
               Arms
               to
               do
               this
               wicked
               Act.
               
            
          
           
             
               Hone.
               
            
             
               I
               never
               did
               that
               ,
               My
               Lord
               ,
               I
               never
               provided
               any
               Arms.
               
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               What
               were
               you
               to
               have
               done
               ?
            
          
           
             
               Hone.
               
            
             
               That
               Deposition
               I
               gave
               before
               Sir
               
                 William
                 Turner
              
               is
               true
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Tell
               us
               what
               you
               were
               to
               have
               done
               in
               this
               bloody
               Matter
               .
            
          
           
             
               Hone.
               
            
             
               I
               was
               asked
               by
               one
               Mr.
               
                 Richard
                 Goodenough
              
               to
               go
               along
               with
               him
               ,
               and
               I
               asked
               him
               whither
               ,
               and
               he
               would
               not
               tell
               me
               ,
               but
               I
               understood
               it
               was
               to
               kill
               the
               King
               and
               Duke
               of
               York
               ,
               but
               he
               did
               not
               tell
               me
               the
               Place
               .
            
          
           
             
               Sir
               
                 Geo.
                 Jeff.
              
               
            
             
               He
               does
               not
               confess
               fully
               ,
               we
               desire
               to
               try
               him
               .
            
          
           
             
               L.
               Ch.
               J.
               
            
             
               Look
               you
               ,
               you
               have
               pleaded
               not
               guilty
               to
               this
               Indictment
               ,
               the
               King
               is
               willing
               ,
               that
               if
               you
               be
               not
               guilty
               you
               shall
               not
               be
               condemned
               ,
               and
               therefore
               he
               does
               desire
               and
               command
               the
               Evidence
               against
               you
               should
               be
               publickly
               given
               ,
               that
               all
               Persons
               may
               see
               that
               you
               are
               not
               without
               Cause
               brought
               to
               Tryal
               ,
               therefore
               swear
               the
               Jury
               .
            
          
           
             The
             Prisoner
             chal'enged
             none
             ,
             but
             the
             Jury
             that
             were
             sworn
             were
             ,
          
           
           
             
               
                 
                   Nicholas
                   Charlton
                
                 .
              
               
                 
                   Christopher
                   Pitts
                
                 .
              
               
                 
                   Robert
                   Beddingfield
                
                 .
              
               
                 
                   Iohn
                   Pelling
                
                 .
              
               
                 
                   William
                   Winbury
                
                 .
              
               
                 
                   Thomas
                   Seaton
                
                 .
              
               
                 
                   William
                   Rutland
                
                 .
              
               
                 
                   Thomas
                   Short.
                
                 
              
               
                 
                   Theophilus
                   Man.
                
                 
              
               
                 
                   Iohn
                   Ienew
                
                 .
              
               
                 
                   Iohn
                   Short.
                
                 
              
               
                 
                   Thomas
                   Nicholas
                
                 .
              
            
          
           
             
               Then
               Proclamation
               for
               Information
               ,
               and
               for
               those
               that
               were
               bound
               by
               Recognizance
               to
               appear
               ,
               was
               made
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               
                 William
                 Hone
              
               ,
               hold
               up
               thy
               Hand
               (
               which
               he
               did
               .
               )
               You
               Gentlemen
               of
               the
               Jury
               ,
               that
               are
               sworn
               ,
               look
               upon
               the
               Prisoner
               ,
               and
               hearken
               to
               his
               Cause
               ,
               he
               stands
               indicted
               by
               the
               name
               of
               
                 William
                 Hone
              
               ,
               &c.
               
                 prout
                 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
               50
               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
               20
               l.
               
            
          
           
             
               Capt.
               Richardson
               .
            
             
               He
               said
               he
               did
               not
               desire
               to
               stir
               ,
               and
               Goodenough
               told
               him
               he
               should
               have
               20
               l.
               to
               buy
               him
               Horse
               and
               Armor
               :
               And
               told
               us
               the
               Business
               of
               Rye
               ;
               the
               Place
               he
               did
               not
               know
               ,
               but
               said
               it
               was
               ●●●
               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
             13.
             1683.
             
             
               My
               Lord
            
             Russel
             
               was
               set
               to
               the
               Bar
               ,
               within
               the
               Bar.
               
            
          
           
             
               Cl.
               of
               the
               Crown
               .
            
             
               
                 William
                 Russel
              
               ,
               hold
               up
               thy
               Hand
               (
               which
               he
               did
               .
               )
            
          
           
             Then
             this
             Indictment
             was
             read
             ,
             which
             is
             as
             followeth
             .
          
           
             
               
                 
                   
                     London
                     .
                     THe
                     Iurors
                     of
                     our
                     Soveraign
                     Lord
                     the
                     King
                     upon
                     their
                     Oaths
                     present
                     ,
                     That
                     William
                     Russel
                     late
                     of
                     London
                     Esq
                     ,
                     together
                     with
                     other
                     false
                     Traitors
                     ,
                     as
                     a
                     false
                     Traitor
                     against
                     the
                     most
                     Illustrious
                     and
                     Excellent
                     Prince
                     ,
                     our
                     Soveraign
                     Lord
                     Charles
                     the
                     Second
                     ,
                     by
                     the
                     Grace
                     of
                     God
                     of
                     England
                     ,
                     Scotland
                     ,
                     France
                     and
                     Ireland
                     King
                     ,
                     his
                     natural
                     Lord
                     ;
                     not
                     having
                     the
                     Fear
                     of
                     God
                     in
                     his
                     Heart
                     ,
                     nor
                     weighing
                     the
                     Duty
                     of
                     his
                     Allegiance
                     ,
                     but
                     being
                     moved
                     and
                     seduced
                     by
                     the
                     Instigation
                     of
                     the
                     Devil
                     ;
                     and
                     the
                     true
                     Duty
                     and
                     natural
                     Obedience
                     ,
                     which
                     true
                     and
                     faithful
                     Subjects
                     of
                     our
                     Soveraign
                     Lord
                     the
                     King
                     ,
                     towards
                     him
                     our
                     said
                     Lord
                     the
                     King
                     do
                     bear
                     ,
                     and
                     of
                     right
                     ought
                     to
                     bear
                     ,
                     wholly
                     withdrawing
                     ;
                     and
                     with
                     his
                     whole
                     Strength
                     intending
                     the
                     Peace
                     and
                     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
                     34th
                     ,
                     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
               35
               ;
               and
               therefore
               there
               is
               a
               Return
               generally
               of
               3
               score
               ,
               or
               4
               score
               ,
               and
               these
               are
               returned
               in
               case
               of
               your
               Lordships
               challenge
               .
               When
               you
               have
               challenged
               so
               many
               as
               you
               please
               ,
               then
               the
               12
               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
               60
               or
               80
               :
               And
               I
               presume
               your
               Lordship
               was
               attended
               with
               the
               Names
               delivered
               .
            
          
           
             
               Sir
               Geo.
               Jeff.
               
            
             
               How
               many
               Names
               was
               delivered
               ?
            
          
           
             
               Mr.
               Atwood
               .
            
             
               Above
               100.
               
            
          
           
             
               L.
               Russel
               .
            
             
               I
               had
               nothing
               of
               a
               Pannel
               delivered
               to
               me
               ,
               but
               some
               Names
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               There
               was
               never
               any
               formal
               Pannel
               delivered
               to
               any
               Person
               Accused
               :
               The
               Copy
               of
               it
               is
               in
               Paper
               always
               .
            
          
           
             
               L.
               Russel
               .
            
             
               How
               can
               I
               know
               who
               to
               Challenge
               ?
            
          
           
             
               L.
               Ch.
               J.
               
            
             
               My
               Lord
               ,
               the
               Copy
               of
               it
               is
               in
               your
               hands
               ;
               your
               Lordship
               hath
               been
               deceived
               in
               this
               ,
               by
               not
               understanding
               the
               true
               Nature
               of
               these
               things
               :
               if
               we
               were
               to
               give
               you
               a
               new
               one
               ,
               we
               could
               give
               you
               but
               such
               an
               one
               .
            
          
           
             
               L.
               Russel
               .
            
             
               I
               had
               no
               Paper
               from
               the
               true
               Officer
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               No
               ,
               but
               from
               your
               Servant
               .
            
          
           
             
               Mr.
               Attor
               .
               Gen.
               
            
             
               My
               Lord
               ,
               you
               will
               have
               cause
               to
               complain
               ,
               if
               they
               are
               not
               the
               same
               men
               we
               now
               shall
               call
               .
            
          
           
             
               L.
               Ch.
               J.
               
            
             
               My
               Lord
               ,
               That
               Paper
               will
               guide
               your
               Lordship
               in
               your
               Challenges
               .
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Lord
               ,
               I
               did
               not
               mind
               it
               ,
               I
               put
               it
               away
               .
               My
               Lord
               ,
               with
               your
               Favour
               ,
               I
               must
               needs
               insist
               upon
               having
               a
               Pannel
               ,
               and
               that
               you
               will
               put
               it
               off
               till
               the
               Afternoon
               ;
               I
               have
               a
               Witness
               that
               is
               not
               in
               Town
               .
               My
               Counsel
               told
               me
               it
               was
               never
               done
               ,
               or
               very
               seldome
               ,
               Arraigning
               and
               Trying
               at
               the
               same
               time
               ;
               except
               in
               case
               of
               Common
               Malefactors
               .
            
          
           
             
               L.
               Ch.
               J.
               
            
             
               Mr.
               Attorney
               ,
               why
               may
               not
               this
               Tryal
               be
               respited
               till
               the
               Afternoon
               ?
            
          
           
             
               Mr.
               Attor
               .
               Gen.
               
            
             
               Pray
               call
               the
               Jury
               .
            
          
           
             
               L.
               Ch.
               J.
               
            
             
               My
               Lord
               ,
               the
               Kings
               Counsel
               think
               it
               not
               reasonable
               to
               put
               off
               the
               Tryal
               longer
               ,
               and
               we
               can't
               put
               it
               off
               without
               their
               Consent
               in
               this
               Case
               .
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Lord
               ,
               'T
               is
               hard
               ,
               I
               thought
               the
               Law
               had
               allowed
               a
               pretty
               deal
               of
               favour
               to
               a
               man
               when
               he
               came
               upon
               his
               Life
               .
               How
               can
               I
               know
               to
               except
               against
               men
               ,
               that
               I
               never
               heard
               or
               saw
               one
               of
               them
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               You
               the
               Prisoner
               at
               the
               Bar
               ;
               those
               good
               Men
               that
               have
               been
               now
               called
               ,
               and
               here
               appear
               ,
               are
               to
               pass
               between
               you
               and
               our
               Soveraign
               Lord
               the
               King
               ,
               upon
               your
               Life
               or
               Death
               ,
               if
               you
               Challenge
               any
               of
               them
               ,
               you
               must
               speak
               as
               they
               come
               to
               the
               Book
               to
               be
               Sworn
               ,
               before
               they
               are
               Sworn
               .
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Lord
               ,
               may
               not
               I
               have
               the
               use
               of
               Pen
               ,
               Ink
               ,
               and
               Paper
               ?
            
          
           
             
               Court.
               
            
             
               Yes
               ,
               my
               Lord.
               
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Lord
               ,
               may
               I
               make
               use
               of
               any
               Papers
               I
               have
               ?
            
          
           
             
             
               L.
               Ch.
               Just.
               
            
             
               Yes
               by
               all
               means
               .
            
          
           
             
               L.
               Russel
               .
            
             
               May
               I
               have
               some
               body
               write
               to
               help
               my
               memory
               ?
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Yes
               ,
               a
               Servant
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Any
               of
               your
               Servants
               shall
               assist
               you
               in
               writing
               any
               thing
               you
               please
               for
               you
               .
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Wife
               is
               here
               my
               Lord
               to
               do
               it
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               If
               my
               Lady
               please
               to
               give
               her self
               the
               trouble
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               My
               Lord
               ,
               you
               may
               have
               two
               Persons
               to
               write
               for
               you
               if
               you
               please
               .
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Lord
               ,
               here
               hath
               been
               a
               name
               read
               ,
               that
               I
               never
               saw
               in
               the
               List
               of
               the
               Jury
               I
               had
               ,
               I
               heard
               Sir
               
                 Andrew
                 Foster
              
               called
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               He
               is
               not
               called
               to
               be
               of
               the
               Jury
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               Call
               
                 Iohn
                 Martin
              
               .
            
          
           
             He
             appears
             .
          
           
             
               L.
               Russel
               .
            
             
               Are
               you
               a
               Freeholder
               of
               40
               s.
               a
               year
               ,
               I
               hope
               none
               are
               allowed
               in
               the
               Pannel
               ,
               but
               those
               that
               have
               Freeholds
               ?
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               There
               is
               no
               Pannel
               made
               in
               London
               by
               Freeholders
               ,
               we
               have
               very
               few
               Freeholders
               capable
               of
               being
               impannel'd
               ,
               because
               the
               Estates
               of
               the
               City
               belong
               much
               to
               the
               Nobility
               and
               Gentlemen
               that
               live
               abroad
               ,
               and
               to
               Corporations
               :
               therefore
               in
               the
               City
               of
               London
               the
               Challenge
               of
               Freeholders
               is
               excepted
               .
            
          
           
             
               L.
               Russel
               .
            
             
               My
               Lord
               ,
               I
               thought
               it
               had
               been
               always
               so
               ,
               and
               the
               Law
               had
               been
               clear
               in
               that
               Case
               throughout
               England
               ,
               that
               no
               man
               ought
               to
               be
               tryed
               for
               his
               life
               ,
               but
               by
               those
               that
               have
               Freeholds
               .
               My
               Lord
               ,
               I
               remember
               I
               read
               the
               Statute
               of
               2
               H.
               5.
               where
               't
               is
               positive
               ,
               that
               no
               Persons
               shall
               be
               Judged
               in
               cases
               of
               life
               and
               death
               but
               by
               those
               that
               have
               40
               s.
               a
               year
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               My
               Lord
               ,
               that
               Statute
               extends
               not
               to
               this
               Case
               .
               Read
               the
               Statute
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               
                 Whereas
                 Perjury
                 is
                 much
                 used
                 in
                 the
                 City
                 of
              
               London
               
                 upon
                 Persons
              
               ,
               &c.
               
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Is
               this
               the
               Statute
               your
               Lordship
               has
               read
               ?
            
          
           
             
               L.
               Russel
               .
            
             
               This
               is
               not
               in
               the
               case
               of
               life
               and
               death
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               It
               is
               not
               ,
               my
               Lord.
               
            
          
           
             
               L.
               Russel
               .
            
             
               That
               that
               I
               read
               is
               positive
               .
               And
               if
               your
               Lordship
               will
               not
               allow
               of
               it
               ,
               I
               desire
               my
               Counsel
               may
               come
               and
               argue
               it
               ,
               for
               't
               is
               a
               matter
               of
               Law
               ,
               and
               I
               can't
               argue
               it
               ,
               whether
               the
               Jury
               are
               not
               to
               be
               Freeholders
               .
            
          
           
             
               Mr.
               Ser.
               Jefferies
               .
            
             
               There
               is
               nothing
               mentioned
               in
               that
               Statute
               with
               relation
               to
               the
               City
               of
               London
               indeed
               ,
               but
               the
               necessity
               of
               the
               thing
               requires
               it
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               It
               will
               not
               be
               material
               ,
               't
               is
               a
               collateral
               point
               ;
               for
               most
               of
               the
               Jury
               have
               Freeholds
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Do
               you
               allow
               the
               Exception
               ?
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               No
               ,
               my
               Lord.
               
            
          
           
             
               L.
               Ch.
               Justice
               .
            
             
               Therefore
               we
               must
               ,
               if
               my
               Lord
               stand
               upon
               it
               ,
               hear
               his
               Counsel
               .
               My
               Lord
               ,
               we
               will
               hear
               your
               Counsel
               ;
               what
               Counsel
               do
               you
               desire
               ,
               my
               Lord
               ?
            
          
           
             
               L.
               Russel
               .
            
             
               The
               Counsel
               that
               were
               allotted
               me
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               No
               ,
               you
               must
               have
               Counsel
               assigned
               by
               us
               .
               The
               Counsel
               that
               was
               assigned
               elsewhere
               signifies
               nothing
               .
            
          
           
             
               L.
               Russel
               .
            
             
               
                 Mr.
                 Pollexfen
                 ,
                 Mr.
                 Holt
              
               ,
               and
               
                 Mr.
                 Ward
              
               .
            
          
           
             The
             said
             persons
             were
             called
             ,
             and
             came
             into
             Court.
             
          
           
             
               L.
               Ch.
               Just.
               
            
             
               (
               
                 To
                 the
                 Counsel
              
               .
               )
               Gentlemen
               ,
               my
               Lord
               here
               desires
               Counsel
               ,
               you
               are
               here
               assigned
               as
               Counsel
               for
               my
               Lord
               Russel
               that
               is
               at
               the
               Barr
               ,
               't
               is
               concerning
               a
               thing
               wherein
               he
               doubts
               the
               Law
               ,
               he
               would
               except
               to
               the
               Jury
               upon
               this
               account
               ,
               to
               the
               Poll
               ,
               because
               they
               have
               not
               Freehold
               within
               the
               City
               of
               London
               ,
               and
               he
               desires
               you
               may
               be
               assigned
               his
               Counsel
               to
               make
               it
               out
               that
               this
               is
               a
               cause
               of
               Challenge
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               'T
               is
               a
               Case
               of
               Treason
               ,
               
                 Mr.
                 Pollexfen
              
               .
            
          
           
             
               Mr.
               Ward
               .
            
             
               We
               take
               it
               so
               .
            
          
           
             
               Mr.
               Pollexfen
               .
            
             
               My
               Lord
               ,
               Perhaps
               if
               we
               had
               more
               consideration
               of
               it
               we
               should
               speak
               more
               ,
               but
               if
               your
               Lordship
               pleases
               to
               hear
               us
               what
               we
               can
               say
               ;
               first
               ,
               we
               take
               it
               ,
               with
               submission
               ,
               at
               Common
               Law
               a
               Freehold
               was
               necessary
               to
               make
               a
               man
               Juryman
               .
               But
               that
               which
               falls
               out
               in
               this
               case
               is
               the
               Statute
               of
               2
               H.
               5.
               c.
               3.
               which
               Statute
               I
               suppose
               is
               here
               in
               Court
               ,
               That
               Statute
               says
               this
               (
               if
               you
               please
               I
               will
               quote
               the
               substance
               of
               it
               )
               That
               none
               shall
               be
               admitted
               to
               pass
               upon
               any
               Inquest
               upon
               the
               Tryal
               of
               the
               death
               of
               a
               man
               ,
               except
               he
               have
               Lands
               and
               Tenements
               of
               the
               yearly
               value
               of
               40
               s.
               Now
               we
               are
               here
               I
               think
               within
               the
               words
               of
               the
               Statute
               ,
               and
               I
               take
               it
               to
               be
               no
               Question
               at
               all
               were
               we
               not
               in
               a
               City
               and
               County
               .
               I
               think
               this
               would
               be
               no
               question
               upon
               any
               Tryal
               in
               any
               County
               at
               large
               .
               The
               Statute
               does
               not
               make
               any
               exception
               or
               distinguishment
               between
               Cities
               and
               Counties
               at
               large
               ,
               but
               the
               words
               are
               general
               ,
               as
               I
               have
               opened
               them
               .
               My
               Lord
               ,
               the
               Statute
               does
               also
               provide
               in
               cases
               of
               Freehold
               or
               40
               Marks
               .
               Now
               ,
               my
               Lord
               ,
               to
               prove
               this
               Statute
               extends
               to
               London
               ,
               tho
               a
               City
               and
               County
               ,
               there
               are
               other
               Statutes
               that
               have
               been
               made
               subsequent
               make
               it
               plain
               that
               it
               does
               
               so
               extend
               .
               But
               before
               I
               speak
               to
               them
               ,
               There
               is
               ,
               ●
               
                 Inst.
                 fo
              
               .
               157.
               that
               takes
               notice
               of
               this
               Statute
               ,
               and
               speaks
               it
               generally
               that
               the
               Freehold
               ought
               to
               be
               in
               the
               same
               County
               ,
               nor
               do
               I
               remember
               to
               have
               seen
               any
               Book
               that
               distinguishes
               between
               Counties
               at
               large
               and
               Cities
               and
               Counties
               .
               But
               Statutes
               that
               have
               been
               made
               concerning
               Cities
               and
               Counties
               are
               a
               plain
               declaration
               that
               this
               is
               meant
               of
               Juries
               both
               in
               Cities
               and
               Counties
               .
               I
               will
               mention
               the
               Statute
               7
               H.
               7.
               c.
               5.
               
               The
               substance
               of
               the
               Statute
               is
               this
               ,
               It
               takes
               notice
               that
               there
               were
               Challenges
               in
               London
               for
               that
               they
               had
               not
               40
               
                 s.
                 per
                 Ann.
              
               and
               that
               this
               Challenge
               was
               to
               be
               made
               in
               the
               Wards
               ,
               which
               are
               the
               same
               with
               Hundreds
               in
               the
               Counties
               ,
               so
               this
               Statute
               is
               made
               to
               take
               away
               the
               Challenge
               of
               40
               s.
               Freehold
               .
               This
               Statute
               of
               7
               H.
               7.
               that
               takes
               away
               the
               Challenge
               in
               London
               for
               not
               having
               40
               s.
               is
               ,
               with
               submission
               ,
               a
               strong
               Evidence
               and
               Authority
               that
               it
               was
               before
               that
               time
               a
               good
               Challenge
               ,
               for
               otherwise
               to
               what
               end
               should
               they
               make
               a
               Statute
               to
               take
               away
               the
               Challenge
               ,
               unless
               it
               were
               before
               a
               good
               cause
               of
               Challenge
               .
               In
               the
               next
               place
               4
               H.
               8.
               c.
               3.
               that
               extends
               to
               Civil
               Causes
               in
               London
               ,
               and
               says
               ,
               That
               in
               London
               Jurors
               shall
               (
               but
               provides
               only
               for
               London
               in
               Civil
               Causes
               )
               be
               admitted
               in
               Civil
               Causes
               ,
               that
               have
               goods
               to
               the
               value
               of
               100
               Marks
               .
               My
               Lord
               ,
               if
               that
               first
               Statute
               ,
               or
               the
               Common
               Law
               ,
               had
               not
               extended
               to
               require
               Freeholds
               in
               London
               ,
               then
               there
               would
               have
               been
               no
               need
               of
               this
               Statute
               that
               was
               made
               to
               inable
               men
               to
               be
               Jurors
               that
               had
               goods
               to
               the
               value
               of
               100
               Marks
               .
               So
               that
               we
               take
               it
               to
               be
               good
               Authority
               that
               by
               the
               Common
               Law
               Freehold
               was
               required
               in
               all
               Civil
               Causes
               .
               Then
               there
               is
               another
               Statute
               23
               H.
               8.
               13.
               and
               that
               will
               be
               a
               strong
               evidence
               to
               shew
               what
               the
               Law
               is
               ,
               For
               the
               Statute
               says
               ,
               in
               Cities
               and
               Burroughs
               ,
               in
               Tryals
               of
               Murder
               and
               Felony
               ,
               if
               a
               Freeman
               of
               the
               City
               of
               London
               is
               to
               be
               tried
               ,
               the
               Freemen
               shall
               be
               upon
               the
               Jury
               ,
               tho'
               they
               have
               not
               Freehold
               ,
               and
               then
               there
               is
               a
               Proviso
               ,
               that
               for
               Knights
               and
               Esquires
               that
               are
               out
               of
               the
               Burrough
               ,
               tho'
               they
               are
               arraigned
               in
               the
               Burrough
               ,
               that
               extends
               not
               to
               them
               ,
               tho'
               in
               cases
               of
               Murder
               and
               Felony
               .
               As
               for
               this
               Statute
               ,
               we
               take
               this
               sense
               of
               it
               ,
               First
               that
               it
               does
               not
               extend
               to
               Treasons
               ,
               for
               when
               it
               only
               names
               Murders
               ,
               and
               Felonies
               ,
               that
               makes
               no
               alteration
               as
               to
               Treason
               ,
               therefore
               that
               stands
               as
               before
               :
               But
               if
               there
               be
               any
               alteration
               ,
               that
               extends
               only
               to
               Freemen
               and
               Burgesses
               that
               are
               to
               be
               tried
               ,
               but
               not
               to
               Knights
               and
               Esquires
               ,
               so
               that
               if
               we
               were
               in
               a
               case
               of
               Felony
               and
               Murder
               ,
               I
               think
               we
               are
               not
               concerned
               in
               this
               Statute
               ,
               for
               we
               are
               no
               Freeman
               nor
               Burgesse
               ,
               but
               we
               are
               an
               Esquire
               ,
               and
               therefore
               ought
               to
               be
               tryed
               by
               Freeholders
               :
               So
               that
               for
               the
               Law
               we
               relye
               upon
               these
               Statutes
               ,
               that
               we
               have
               looked
               upon
               as
               strong
               evidence
               ,
               that
               there
               ought
               to
               be
               in
               the
               Tryal
               of
               the
               life
               of
               a
               man
               ,
               especially
               for
               Treason
               ,
               Freeholders
               .
               First
               ,
               if
               it
               were
               in
               Civil
               Causes
               ,
               if
               this
               qualification
               be
               not
               in
               Jury-men
               then
               an
               Attaint
               would
               lye
               ;
               the
               Penalty
               in
               an
               Attaint
               is
               ,
               that
               their
               Houses
               should
               be
               pulled
               down
               ,
               &c.
               
               This
               is
               provided
               by
               the
               Law
               ,
               to
               the
               intent
               the
               Jury
               may
               be
               careful
               to
               go
               according
               to
               their
               evidence
               .
               'T
               is
               true
               ,
               no
               Attaint
               does
               lie
               in
               in
               Criminal
               Causes
               ,
               but
               if
               so
               be
               in
               Civil
               Causes
               there
               be
               required
               Freeholders
               ,
               and
               an
               Attaint
               lies
               if
               there
               be
               not
               ,
               't
               is
               not
               reasonable
               to
               think
               but
               there
               should
               be
               as
               great
               regard
               to
               the
               life
               of
               a
               man
               ,
               as
               to
               his
               Estate
               .
               Next
               ,
               my
               Lord
               ,
               I
               do
               not
               know
               any
               Law
               that
               sets
               any
               kind
               of
               qualification
               but
               this
               of
               Freehold
               ,
               so
               that
               be
               the
               Persons
               of
               what
               condition
               or
               nature
               soever
               (
               supposing
               they
               be
               not
               outlawed
               )
               yet
               these
               Persons
               ,
               if
               this
               Law
               be
               not
               in
               effect
               ,
               may
               then
               serve
               ,
               and
               be
               put
               upon
               the
               life
               of
               a
               man.
               These
               are
               the
               reasons
               ,
               my
               Lord
               ,
               for
               which
               we
               apprehend
               they
               ought
               to
               be
               Freeholders
               .
            
          
           
             
               Mr.
               Holt.
               
            
             
               My
               Lord
               ,
               I
               would
               desire
               one
               word
               of
               the
               same
               side
               :
               We
               insist
               in
               this
               case
               upon
               these
               two
               things
               ;
               First
               ,
               we
               conceive
               by
               the
               Common
               Law
               ,
               every
               Jury-man
               ought
               to
               have
               a
               Free-hold
               ,
               we
               have
               good
               Authority
               for
               it
               ,
               
                 Cokes
                 first
                 Institutes
              
               ,
               but
               if
               that
               were
               not
               so
               ,
               I
               think
               the
               Statute
               Mr.
               Pollexfen
               hath
               first
               mentioned
               ,
               2
               H.
               5.
               c.
               3.
               to
               be
               express
               in
               this
               point
               .
               My
               Lord
               ,
               the
               Statute
               in
               the
               Preamble
               does
               recite
               all
               the
               mischiefs
               ,
               it
               says
               great
               mischiefs
               ,
               ensued
               by
               Iuries
               that
               were
               made
               up
               of
               Persons
               that
               had
               not
               Estates
               sufficient
               ;
               in
               what
               ?
               As
               well
               in
               the
               case
               of
               the
               Death
               of
               a
               Man
               ,
               as
               in
               the
               case
               of
               Free-hold
               between
               Party
               and
               Party
               :
               The
               Statute
               reciting
               this
               mischief
               ,
               does
               in
               express
               words
               ,
               provide
               two
               Remedies
               for
               the
               same
               in
               these
               Cases
               :
               First
               on
               the
               Life
               or
               Death
               of
               a
               man
               ,
               the
               Jury
               or
               Inquest
               ,
               to
               be
               taken
               ,
               shall
               have
               40
               
                 s.
                 per
                 Ann.
              
               and
               so
               between
               Party
               and
               Party
               40
               Marks
               ,
               so
               that
               this
               being
               the
               Tryal
               of
               the
               Death
               of
               a
               Man
               ,
               it
               is
               interpreted
               by
               Stamford
               162
               a.
               That
               is
               in
               all
               Cases
               where
               a
               Man
               is
               Arraigned
               for
               his
               Life
               ,
               that
               is
               within
               the
               express
               words
               of
               the
               Statute
               .
               Besides
               this
               Exposition
               that
               hath
               been
               put
               upon
               the
               Statute
               ,
               my
               Lord
               ,
               it
               does
               seem
               that
               the
               Judgment
               of
               several
               Parliaments
               hath
               been
               accordingly
               in
               severall
               Times
               and
               Ages
               .
               My
               Lord
               ,
               to
               instance
               in
               one
               Statute
               that
               hath
               not
               been
               mentioned
               ,
               and
               that
               is
               the
               33
               of
               H.
               8.
               c.
               23.
               
               That
               does
               give
               the
               King
               Power
               to
               award
               Commissions
               of
               Oyer
               and
               Terminer
               ,
               for
               Tryals
               in
               any
               County
               of
               England
               .
               And
               that
               (
               says
               the
               Statute
               )
               in
               such
               
               Cases
               no
               Challenge
               to
               the
               Shire
               or
               Hundred
               shall
               be
               allowed
               ;
               that
               is
               ,
               you
               shall
               not
               Challenge
               the
               Jury
               in
               such
               a
               Case
               ,
               because
               they
               have
               not
               Free-hold
               ,
               are
               not
               of
               the
               County
               where
               the
               Treason
               was
               Committed
               ;
               but
               that
               upon
               the
               Tryal
               Challenge
               for
               lack
               of
               Free-hold
               of
               40
               s.
               a
               year
               shall
               be
               allowed
               ,
               though
               it
               alters
               the
               manner
               of
               Trying
               Treason
               by
               the
               Common
               Law
               ;
               so
               that
               ,
               my
               Lord
               ,
               here
               is
               the
               Opinion
               of
               that
               very
               Parliament
               ;
               that
               though
               it
               took
               away
               the
               usual
               method
               of
               Tryals
               ,
               yet
               it
               saves
               the
               Prisoners
               Challenge
               for
               want
               of
               Free-hold
               .
               Now
               indeed
               that
               Statute
               is
               repealed
               ;
               but
               I
               mention
               it
               as
               to
               the
               Proviso
               that
               it
               shews
               the
               Judgment
               of
               that
               Parliament
               at
               that
               time
               :
               My
               Lord
               ,
               those
               other
               Statutes
               that
               have
               been
               made
               to
               Regulate
               Cities
               and
               Towns
               Corporate
               ,
               why
               were
               they
               made
               ?
               33
               H.
               8.
               
               That
               no
               Free-hold
               should
               be
               allowed
               ,
               that
               shews
               that
               2
               H.
               5.
               did
               extend
               to
               these
               Cases
               .
               But
               my
               Lord
               ,
               these
               Statutes
               that
               shew
               the
               Judgment
               of
               the
               Parliament
               ,
               sufficient
               to
               our
               purpose
               ,
               do
               not
               extend
               to
               this
               Case
               ;
               the
               Statute
               goes
               only
               to
               Murders
               and
               Felonies
               ,
               but
               not
               to
               Treasons
               :
               And
               we
               are
               in
               the
               case
               of
               a
               Penal
               Statute
               ,
               and
               concerning
               the
               Life
               and
               Death
               of
               a
               Man
               ,
               which
               ought
               to
               be
               taken
               strictly
               ,
               it
               ousts
               the
               Prisoner
               of
               a
               Benefit
               ;
               and
               by
               parity
               of
               Reason
               ,
               if
               Treason
               be
               not
               mentioned
               ,
               your
               Lordship
               can't
               by
               Equity
               extend
               it
               to
               it
               ,
               when
               it
               only
               mentions
               inferiour
               Offences
               ,
               and
               takes
               away
               the
               benefit
               in
               lower
               Cases
               :
               Like
               the
               Case
               of
               the
               Bishop
               of
               Winchester
               ,
               where
               the
               Statute
               set
               down
               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
               7
               H.
               7.
               c.
               5.
               
               Why
               there
               was
               not
               only
               requisite
               at
               the
               Common-Law
               ,
               that
               the
               Jurors
               had
               sufficient
               Free-hold
               ,
               but
               it
               was
               required
               it
               should
               be
               in
               the
               Hundred
               ;
               and
               Free-hold
               in
               the
               Wards
               in
               the
               City
               is
               the
               same
               with
               Free-hold
               in
               the
               Hundreds
               in
               the
               Country
               :
               So
               that
               the
               want
               of
               Freehold
               in
               the
               Hundred
               ,
               was
               a
               good
               cause
               of
               Challenge
               .
               So
               that
               I
               think
               it
               will
               hardly
               be
               denied
               ,
               but
               that
               a
               Jury
               that
               passes
               upon
               the
               life
               of
               a
               Man
               ,
               ought
               by
               the
               Law
               ,
               by
               the
               Statute
               ,
               and
               by
               the
               Judgment
               of
               the
               Parliament
               ,
               to
               have
               Free-hold
               .
               Where
               is
               there
               then
               any
               Statute
               whatsoever
               that
               makes
               a
               difference
               in
               this
               Case
               ,
               between
               London
               and
               other
               Counties
               ?
               We
               are
               in
               the
               case
               of
               Treason
               ,
               we
               have
               taken
               our
               Exceptions
               ,
               and
               on
               behalf
               of
               the
               Prisoner
               at
               the
               Bar
               we
               pray
               the
               Challenge
               may
               be
               allowed
               .
            
          
           
             
               Mr.
               Ward
               .
            
             
               My
               Lord
               ,
               I
               shall
               be
               short
               ,
               because
               Mr.
               Pollexfen
               has
               observed
               these
               things
               so
               particularly
               already
               .
               I
               observe
               the
               Statute
               of
               H.
               5.
               is
               a
               general
               Statute
               ,
               and
               extends
               throughout
               the
               Realm
               :
               Now
               when
               the
               thing
               is
               thus
               general
               ,
               there
               is
               no
               room
               to
               except
               particulars
               .
               And
               in
               this
               case
               't
               is
               within
               the
               very
               words
               of
               the
               Law
               ,
               if
               the
               words
               be
               so
               generally
               penned
               in
               the
               negative
               ,
               then
               we
               conceive
               there
               is
               no
               construction
               to
               be
               made
               upon
               them
               ,
               unless
               some
               subsequent
               Parliament
               alter
               it
               .
               
                 Coke's
                 Institutes
              
               157.
               where
               't
               is
               said
               in
               Treason
               as
               well
               as
               any
               thing
               else
               ,
               upon
               H.
               5.
               there
               shall
               be
               Freeholds
               .
               If
               they
               have
               provided
               in
               Civil
               and
               other
               Criminal
               Causes
               ,
               it
               were
               strange
               that
               this
               should
               be
               
                 Casus
                 omissus
              
               ,
               but
               there
               is
               no
               construction
               against
               a
               negative
               Law.
               For
               the
               Parliament
               taking
               care
               of
               the
               City
               of
               London
               (
               as
               the
               subsequent
               Statutes
               say
               )
               that
               he
               that
               hath
               100
               Marks
               shall
               pass
               in
               Civil
               Causes
               ,
               and
               then
               it
               says
               in
               Murders
               and
               Felonies
               ,
               and
               that
               only
               confined
               to
               the
               Freemen
               of
               the
               place
               ,
               does
               sufficiently
               explain
               the
               Law
               ,
               where
               't
               is
               not
               altered
               by
               any
               subsequent
               Act
               ,
               therefore
               I
               desire
               the
               Challenge
               may
               be
               admitted
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               My
               Lord
               ,
               these
               Gentlemens
               Foundation
               is
               not
               good
               ,
               for
               they
               prove
               it
               not
               by
               any
               Books
               ,
               that
               at
               Common-Law
               it
               was
               requisite
               for
               a
               Juryman
               to
               have
               Freehold
               .
               My
               Lord
               ,
               I
               deny
               their
               Foundation
               ,
               there
               is
               no
               such
               Law
               ,
               and
               at
               this
               day
               in
               all
               Criminal
               Cases
               where
               the
               Statute
               does
               not
               direct
               it
               ,
               as
               for
               Riots
               and
               other
               Informations
               for
               Misdemeanour
               ,
               there
               is
               no
               Law
               restrains
               them
               ,
               and
               they
               may
               be
               tryed
               by
               any
               men
               they
               have
               no
               exception
               against
               .
               Then
               2
               H.
               5.
               says
               ,
               None
               shall
               be
               admitted
               to
               pass
               upon
               the
               death
               of
               a
               Man
               ,
               (
               I
               take
               it
               to
               extend
               to
               all
               Capital
               matters
               ,
               though
               it
               is
               pretty
               odly
               expressed
               ;
               for
               when
               a
               Man
               is
               accused
               of
               other
               Felonies
               and
               High
               Treasons
               ,
               't
               is
               of
               the
               death
               of
               a
               man
               )
               unless
               he
               have
               Lands
               or
               Tenements
               ,
               of
               the
               yearly
               value
               of
               40
               s.
               But
               I
               will
               take
               it
               as
               these
               Gentlemen
               do
               at
               this
               Time
               ,
               it
               not
               being
               so
               at
               Common-Law
               ,
               nor
               in
               other
               Criminal
               Cases
               ,
               but
               what
               are
               provided
               for
               by
               the
               Statute
               :
               As
               to
               other
               matters
               of
               Felony
               and
               Murder
               ,
               no
               doubt
               there
               these
               Challenges
               are
               to
               be
               taken
               upon
               the
               Statute
               ,
               but
               not
               for
               Treason
               ,
               because
               the
               Statute
               of
               Queen
               Mary
               does
               expresly
               repeal
               
               that
               Statute
               ;
               and
               no
               Statute
               since
               takes
               away
               the
               force
               of
               that
               of
               Queen
               Mary
               ;
               that
               all
               Tryals
               for
               Treason
               shall
               be
               as
               at
               the
               Common-Law
               ;
               and
               according
               to
               this
               the
               constant
               practice
               in
               all
               Cities
               (
               not
               only
               London
               )
               where
               Persons
               have
               been
               Indicted
               for
               High
               Treason
               hath
               been
               .
               There
               was
               never
               any
               such
               thing
               pretended
               :
               Most
               of
               these
               Gentlemen
               have
               Freeholds
               ,
               but
               we
               would
               not
               have
               this
               point
               lost
               to
               the
               City
               of
               London
               ;
               so
               that
               the
               Statute
               they
               speak
               of
               ,
               and
               the
               Interpretations
               of
               the
               several
               other
               Statutes
               too
               ,
               are
               to
               no
               purpose
               ;
               for
               we
               say
               by
               Common-Law
               all
               Causes
               might
               be
               Tryed
               by
               any
               Persons
               ,
               against
               whom
               there
               was
               not
               sufficient
               Cause
               of
               Challenge
               ;
               and
               the
               Common-Law
               is
               by
               that
               Statute
               restored
               in
               this
               point
               .
            
          
           
             
               Mr.
               Sol.
               Gen.
               
            
             
               My
               Lord
               ,
               I
               have
               little
               to
               say
               ;
               Mr.
               Attorney
               hath
               given
               a
               true
               Answer
               to
               it
               ,
               the
               Foundation
               does
               fail
               them
               .
               It
               was
               not
               necessary
               at
               Common-Law
               ,
               for
               a
               Jury-man
               to
               have
               Freehold
               :
               but
               then
               they
               must
               shew
               you
               ,
               my
               Lord
               ,
               it
               is
               altered
               ,
               and
               made
               necessary
               .
               The
               Statute
               of
               H.
               5.
               does
               not
               seem
               to
               extend
               to
               Treason
               ,
               but
               if
               it
               did
               ,
               't
               is
               now
               out
               of
               doors
               ,
               by
               that
               of
               Queen
               Mary
               ,
               whereby
               all
               Tryals
               of
               Treason
               are
               reduced
               to
               the
               Common-Law
               .
               This
               is
               that
               we
               answer
               ,
               they
               fail
               in
               their
               Foundation
               ,
               they
               do
               not
               make
               it
               out
               ,
               that
               it
               was
               necessary
               for
               a
               Jury-man
               at
               Common-Law
               to
               have
               Freehold
               .
            
          
           
             
               Sir
               Geo.
               Jeff.
               
            
             
               My
               Lord
               ,
               I
               confess
               they
               have
               cited
               several
               Acts
               of
               Parliament
               ,
               and
               upon
               them
               lay
               their
               Foundation
               ,
               and
               draw
               Inferences
               from
               them
               :
               But
               they
               will
               find
               ,
               that
               in
               several
               Acts
               of
               Parliament
               which
               they
               have
               quoted
               ,
               there
               is
               a
               particular
               regard
               had
               for
               the
               preservation
               of
               the
               constant
               Usage
               and
               Custom
               for
               Tryals
               within
               the
               City
               of
               London
               .
               That
               notwithstanding
               several
               Acts
               of
               Parliament
               have
               in
               other
               places
               ascertained
               the
               value
               of
               Jurors
               ;
               yet
               they
               had
               still
               an
               Eye
               that
               the
               City
               of
               London
               should
               continue
               in
               its
               Usages
               .
               I
               think
               it
               will
               be
               necessary
               to
               put
               you
               in
               mind
               of
               the
               Case
               of
               the
               City
               of
               Worcester
               .
               It
               would
               be
               very
               hard
               ,
               say
               they
               ,
               because
               an
               Attaint
               does
               not
               lye
               in
               Criminal
               matters
               ;
               if
               you
               intend
               by
               that
               to
               have
               People
               of
               Ability
               ,
               't
               is
               well
               known
               ,
               that
               the
               ablest
               People
               in
               the
               City
               of
               London
               ,
               have
               scarce
               any
               Freehold
               in
               it
               ;
               for
               that
               most
               of
               the
               Inheritances
               of
               the
               City
               of
               London
               remain
               in
               the
               Nobility
               and
               in
               Corporations
               .
               Now
               in
               the
               Case
               of
               my
               Lord
               Russel
               ,
               he
               hath
               a
               peremptory
               Challenge
               to
               35
               ,
               and
               I
               think
               I
               may
               adventure
               to
               say
               ,
               there
               can
               scarce
               be
               35
               more
               that
               can
               call
               themselves
               Freeholders
               in
               London
               ;
               consider
               the
               Consequence
               then
               ,
               Treason
               should
               be
               committed
               in
               the
               City
               of
               London
               ,
               and
               there
               would
               not
               be
               enow
               in
               the
               City
               of
               London
               to
               try
               it
               .
               In
               the
               Case
               of
               the
               Quo-Warranto
               brought
               against
               the
               City
               of
               Worcester
               ,
               to
               know
               by
               what
               Warrant
               several
               took
               upon
               them
               the
               Offices
               of
               Aldermen
               ;
               the
               Gentlemen
               at
               the
               Bar
               objected
               that
               it
               was
               reasonable
               that
               no
               Freehold
               should
               be
               determined
               ,
               but
               by
               Freeholders
               .
               But
               the
               Judges
               of
               the
               Kings-Bench
               ,
               (
               the
               Court
               being
               full
               )
               for
               the
               necessity
               of
               the
               thing
               ,
               lest
               there
               might
               not
               be
               sufficient
               Freeholders
               in
               the
               City
               ,
               having
               sent
               one
               of
               the
               Judges
               of
               that
               Court
               to
               your
               Lorships
               of
               the
               Common-Pleas
               ,
               for
               that
               Reason
               did
               agree
               the
               Challenge
               was
               not
               good
               .
               I
               know
               these
               Gentlemen
               will
               please
               to
               remember
               the
               Case
               ;
               so
               that
               I
               say
               ,
               as
               in
               one
               Case
               we
               ought
               to
               be
               tender
               of
               the
               Life
               of
               the
               Prisoner
               ,
               so
               we
               ought
               surely
               to
               be
               tender
               of
               the
               Life
               of
               the
               King
               ,
               otherwise
               it
               may
               so
               happen
               ,
               that
               the
               Kings
               Life
               may
               be
               incompassed
               ,
               and
               Treason
               commited
               in
               the
               City
               ,
               and
               there
               would
               be
               no
               way
               in
               the
               World
               to
               Try
               it
               ;
               therefore
               we
               pray
               for
               the
               King
               the
               Challenge
               may
               be
               over-ruled
               .
            
          
           
             
               M.
               North.
               
            
             
               My
               Lord
               ,
               it
               is
               the
               practice
               to
               make
               the
               
                 Venire
                 facias
              
               ,
               without
               mentioning
               Freehold
               ,
               for
               it
               does
               not
               Command
               ,
               that
               they
               return
               so
               many
               men
               that
               have
               Freehold
               ,
               but
               
                 probos
                 &
                 legales
                 homines
                 de
                 visineto
              
               ;
               therefore
               at
               the
               Common-Law
               ,
               those
               were
               good
               Inquests
               to
               Try
               any
               man
               that
               were
               not
               Excommunicated
               ,
               nor
               under
               any
               Out-Law
               .
               'T
               is
               true
               ,
               there
               are
               Statutes
               that
               say
               ,
               all
               Jury-men
               shall
               have
               Freehold
               ;
               but
               we
               say
               these
               Statutes
               do
               not
               extend
               to
               the
               City
               of
               London
               ,
               but
               that
               it
               is
               governed
               by
               its
               own
               Customs
               ;
               and
               we
               say
               it
               is
               the
               Custom
               that
               Citizens
               of
               Ability
               have
               been
               returned
               ,
               that
               have
               no
               Freehold
               .
               But
               granting
               what
               we
               do
               not
               ,
               but
               by
               way
               of
               supposal
               ,
               my
               Lord
               ,
               it
               does
               not
               extend
               to
               this
               Case
               ,
               because
               Tryals
               are
               to
               be
               according
               to
               the
               use
               at
               Common-Law
               ,
               by
               the
               Statute
               of
               Queen
               Mary
               ,
               which
               does
               set
               them
               at
               large
               again
               ;
               and
               that
               is
               the
               reason
               the
               Prisoner
               ,
               in
               this
               Case
               ,
               hath
               his
               Challenge
               for
               35
               ,
               and
               is
               in
               other
               Cases
               restrained
               to
               20
               ;
               so
               that
               we
               say
               ,
               these
               men
               of
               Ability
               are
               good
               ,
               and
               there
               is
               no
               Statute
               affects
               them
               .
            
          
           
             
               L.C.J.
               
            
             
               Mr.
               Pollexfen
               ,
               do
               you
               find
               any
               Judgment
               ,
               that
               in
               Cases
               of
               Treason
               by
               Common-Law
               ,
               they
               might
               except
               for
               want
               of
               Freehold
               ?
               Have
               you
               any
               resolution
               in
               the
               Case
               ?
            
          
           
             
               Mr.
               Pollexf
               .
            
             
               I
               think
               there
               are
               Books
               that
               say
               ,
               at
               Common-Law
               there
               must
               be
               Freehold
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               What
               ,
               in
               Treason
               ?
            
          
           
             
               Mr.
               Pollexfen
               .
            
             
               No
               ,
               my
               Lord.
               
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Unless
               you
               speak
               of
               Treason
               ,
               you
               do
               not
               speak
               
                 ad
                 Idem
              
               .
               For
               I
               do
               take
               it
               that
               in
               Cases
               of
               Treason
               ,
               or
               in
               Cases
               of
               Felony
               ,
               at
               the
               Common
               Law
               ,
               they
               had
               no
               liberty
               
               to
               except
               to
               Jurors
               ,
               that
               they
               had
               not
               any
               Freehold
               ,
               but
               that
               at
               the
               Common
               Law
               any
               good
               and
               Lawful
               men
               might
               pass
               .
               Then
               take
               as
               introductive
               of
               a
               new
               Law
               the
               Statute
               of
               H.
               5.
               
               I
               am
               of
               the
               mind
               that
               this
               Statute
               of
               H.
               5.
               peradventure
               may
               extend
               to
               Treasons
               and
               Felonies
               ;
               but
               when
               the
               Statute
               of
               Queen
               Mary
               comes
               and
               says
               ,
               all
               Tryals
               shall
               be
               by
               such
               Evidence
               ,
               and
               in
               such
               manner
               ,
               as
               by
               common
               Law
               they
               ought
               to
               have
               been
               ,
               I
               do
               not
               see
               how
               it
               is
               possible
               to
               make
               an
               Objection
               afterwards
               of
               this
               Nature
               .
               For
               ,
               admitting
               this
               Act
               of
               Parliament
               of
               H.
               5.
               had
               altered
               the
               Common
               Law
               ,
               and
               given
               a
               Challenge
               ,
               why
               then
               when
               the
               Statute
               of
               Queen
               Mary
               comes
               and
               sets
               all
               Tryals
               at
               large
               in
               the
               Case
               of
               Treasons
               ,
               then
               certainly
               the
               Challenge
               is
               gone
               again
               ,
               and
               I
               doubt
               you
               will
               not
               find
               one
               Exception
               in
               this
               case
               ,
               ever
               since
               that
               Statute
               concerning
               the
               Jurys
               Freehold
               in
               Cases
               of
               Treason
               ,
               but
               it
               hath
               generally
               passed
               otherwise
               ,
               and
               there
               hath
               not
               been
               any
               ever
               excepted
               ;
               I
               doubt
               it
               will
               be
               a
               very
               hard
               thing
               to
               maintain
               such
               a
               Challenge
               now
               .
               Here
               are
               my
               Lords
               and
               Brothers
               will
               be
               pleased
               to
               deliver
               their
               Opinions
               .
               It
               is
               a
               business
               of
               great
               consequence
               ,
               not
               only
               for
               this
               Noble
               Person
               at
               the
               Bar
               ,
               but
               for
               all
               other
               Persons
               .
            
          
           
             
               L.
               Ch.
               Baron
               .
            
             
               I
               agree
               with
               your
               Lordship
               perfectly
               ,
               but
               if
               the
               Counsel
               had
               laid
               a
               right
               Foundation
               that
               it
               had
               been
               so
               at
               Common
               Law
               ,
               there
               had
               been
               much
               said
               ;
               But
               I
               take
               it
               at
               Common
               Law
               there
               was
               no
               Challenge
               for
               want
               of
               Freehold
               ,
               and
               I
               am
               induced
               to
               think
               so
               ,
               for
               otherwise
               what
               needed
               the
               Statute
               of
               H.
               5.
               been
               made
               ?
               But
               whether
               it
               extend
               to
               Treason
               or
               no
               ,
               I
               am
               not
               so
               clear
               .
               And
               if
               it
               did
               ,
               it
               's
               wiped
               off
               again
               by
               that
               of
               Queen
               Mary
               ,
               which
               reduces
               all
               to
               the
               Common
               Law
               Tryal
               .
            
          
           
             
               Mr.
               Just.
               Wyndham
               .
            
             
               I
               am
               of
               the
               same
               Opinion
               :
               I
               conceive
               at
               Common
               Law
               ,
               lack
               of
               Free-hold
               no
               good
               cause
               of
               Challenge
               .
               'T
               is
               true
               ,
               that
               Challenge
               is
               given
               in
               some
               cases
               by
               Act
               of
               Parliament
               ,
               yet
               I
               doubt
               whether
               it
               extend
               to
               a
               thing
               of
               so
               high
               nature
               as
               Treason
               ,
               for
               other
               Statutes
               have
               not
               mentioned
               any
               thing
               of
               Treason
               .
               But
               suppose
               2.
               
               H.
               5.
               did
               extend
               to
               it
               ,
               yet
               it
               is
               very
               plain
               ,
               the
               Statute
               of
               1.
               and
               2.
               
               Queen
               Mary
               hath
               set
               all
               at
               large
               again
               .
               They
               are
               to
               be
               good
               and
               Lawful
               Men
               ,
               and
               I
               do
               not
               find
               that
               any
               thing
               of
               the
               lawfulness
               must
               be
               the
               Freehold
               .
               And
               therefore
               ,
               I
               conceive
               this
               is
               no
               just
               Exception
               in
               this
               case
               .
            
          
           
             
               Mr.
               Just.
               Iones
               .
            
             
               My
               Lord
               ,
               I
               am
               of
               the
               same
               Opinion
               .
               I
               am
               of
               Opinion
               that
               the
               Common
               Law
               did
               not
               require
               Freehold
               to
               be
               a
               good
               cause
               of
               Challenge
               ,
               in
               the
               case
               of
               Treason
               ,
               and
               the
               rather
               ,
               Because
               at
               the
               Common
               Law
               a
               man
               that
               was
               indicted
               of
               High
               Treason
               ,
               had
               liberty
               to
               Challenge
               ,
               peremptorily
               ,
               to
               the
               Number
               of
               35.
               
               Persons
               .
               My
               Lord
               ,
               if
               the
               Common
               Law
               be
               altered
               by
               the
               Statute
               of
               H.
               5.
               yet
               I
               take
               it
               ,
               that
               the
               Statute
               of
               1.
               and
               2.
               
               Ph.
               and
               M.
               does
               restore
               the
               Common
               Law
               in
               this
               particular
               point
               .
               For
               whereas
               there
               was
               a
               Statue
               of
               H.
               8.
               to
               restrain
               the
               Prisoner
               to
               the
               Number
               of
               20
               ,
               for
               his
               Challenge
               ,
               now
               the
               Statute
               restoring
               it
               to
               Common
               Law
               ,
               the
               Prisoner
               hath
               his
               Challenge
               to
               35
               ,
               as
               he
               had
               before
               that
               Statute
               of
               H.
               8.
               
               So
               I
               take
               it
               ,
               the
               King
               shall
               have
               his
               priviledge
               also
               to
               try
               a
               Prisoner
               for
               Treason
               ,
               by
               Persons
               that
               have
               not
               Freehold
               .
            
          
           
             
               Mr.
               Just.
               Charlton
               .
            
             
               I
               am
               of
               the
               same
               Opinion
               .
               And
               truly
               the
               rather
               ,
               because
               no
               President
               hath
               been
               offered
               of
               any
               such
               Challenge
               before
               ,
               and
               many
               men
               have
               suffered
               ,
               and
               sure
               if
               it
               could
               have
               been
               ,
               many
               would
               have
               made
               use
               of
               it
               .
            
          
           
             
               Mr.
               Just.
               Levins
               .
            
             
               I
               am
               of
               Opinion
               't
               is
               not
               to
               be
               allowed
               .
               I
               do
               not
               think
               my self
               driven
               to
               the
               necessity
               to
               determine
               now
               whether
               Freehold
               was
               a
               good
               Challenge
               at
               Common
               Law
               in
               point
               of
               Treason
               .
               I
               think
               the
               Statute
               of
               Ph.
               and
               M.
               hath
               restored
               the
               Tryals
               to
               the
               Common
               Law.
               What
               was
               the
               Common
               Law
               ?
               The
               Common
               Law
               is
               the
               Custom
               of
               England
               ,
               which
               is
               other
               in
               Cities
               than
               in
               Countries
               ,
               and
               the
               Custom
               of
               London
               is
               part
               of
               that
               Common
               Law.
               So
               ,
               tho
               it
               be
               a
               cause
               of
               Challenge
               in
               a
               County
               at
               large
               ,
               yet
               it
               is
               not
               a
               cause
               of
               Challenge
               in
               Cities
               ,
               where
               Freeholders
               are
               not
               to
               be
               found
               .
               Now
               that
               which
               satifies
               me
               is
               ,
               That
               this
               Custom
               is
               restored
               by
               the
               Statute
               of
               Ph.
               and
               M.
               Because
               never
               such
               a
               Challenge
               hath
               been
               .
               And
               it
               is
               known
               when
               20
               were
               tryed
               for
               Treason
               together
               in
               this
               very
               place
               ,
               and
               one
               of
               them
               a
               notable
               cunning
               Lawyer
               ,
               and
               if
               such
               a
               Challenge
               were
               to
               have
               been
               allowed
               ,
               no
               doubt
               he
               would
               have
               made
               use
               of
               it
               ,
               but
               the
               Challenge
               was
               not
               taken
               ,
               and
               if
               he
               had
               made
               such
               a
               Challenge
               ,
               and
               it
               had
               been
               allowed
               ,
               perhaps
               he
               could
               not
               have
               been
               tried
               :
               That
               was
               Cook.
               I
               have
               heard
               several
               Persons
               tryed
               for
               Treason
               my self
               ,
               and
               never
               heard
               it
               taken
               .
               Therefore
               I
               am
               of
               Opinion
               ,
               that
               before
               any
               Statute
               was
               made
               in
               this
               case
               ,
               It
               was
               the
               Custom
               in
               London
               to
               try
               without
               Freeholds
               ,
               and
               since
               by
               the
               Statute
               of
               Queen
               Mary
               't
               is
               restored
               .
            
          
           
             
               Mr.
               Baron
               Streete
               .
            
             
               I
               think
               there
               was
               no
               such
               Challenge
               at
               Common
               Law.
               The
               Jury
               were
               only
               to
               be
               
                 Probos
                 &
                 Legales
                 homines
              
               ,
               and
               no
               more
               ,
               till
               the
               Statute
               made
               it
               so
               ,
               but
               there
               is
               a
               particular
               Reservation
               for
               Corporations
               .
               And
               certainly
               ,
               if
               this
               should
               be
               admitted
               to
               be
               a
               good
               Challenge
               ,
               tho'
               it
               were
               between
               Party
               and
               Party
               ,
               
               there
               would
               be
               in
               some
               Corporations
               a
               perfect
               failure
               of
               Justice
               .
               So
               that
               without
               doubt
               at
               Common
               Law
               there
               was
               no
               such
               Challenge
               .
               As
               for
               the
               Statute
               of
               H.
               5.
               't
               is
               gone
               by
               that
               of
               Queen
               Mary
               .
               If
               this
               were
               admitted
               within
               London
               ,
               nothing
               would
               be
               more
               mischievous
               to
               this
               Corporation
               .
               Methinks
               we
               have
               been
               very
               nice
               in
               this
               matter
               ,
               when
               the
               life
               of
               the
               King
               is
               at
               Stake
               ,
               and
               all
               the
               Customs
               and
               Priviledges
               of
               the
               City
               of
               London
               seem
               to
               be
               levelled
               at
               in
               this
               point
               .
               I
               am
               of
               the
               Opinion
               with
               the
               rest
               of
               the
               Judges
               ,
               that
               this
               Challenge
               ought
               to
               be
               over-ruled
               .
            
          
           
             
               Justice
               Withins
               .
            
             
               I
               am
               of
               the
               same
               Opinion
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               My
               Lord
               ,
               the
               Court
               is
               of
               Opinion
               ,
               upon
               hearing
               your
               Counsel
               ,
               and
               the
               Kings
               ,
               that
               it
               is
               no
               good
               Challenge
               to
               a
               Jury
               in
               a
               case
               of
               Treason
               ,
               that
               he
               has
               not
               Freehold
               within
               the
               City
               .
               But
               I
               must
               tell
               your
               Lordship
               withall
               ,
               That
               your
               Lordship
               has
               nothing
               of
               hardship
               in
               this
               case
               ,
               for
               notwithstanding
               that
               ,
               I
               must
               tell
               you
               ,
               you
               will
               have
               as
               good
               a
               Jury
               ,
               and
               better
               than
               you
               should
               have
               had
               in
               a
               Country
               of
               4
               l.
               or
               40
               s.
               a
               year
               Freeholders
               .
               The
               Reason
               of
               the
               Law
               for
               Freeholds
               is
               ,
               That
               no
               slight
               Persons
               should
               be
               put
               upon
               a
               Jury
               ,
               where
               the
               Life
               of
               a
               man
               or
               his
               Estate
               comes
               in
               Question
               ,
               but
               in
               the
               City
               the
               Persons
               that
               are
               impannell'd
               are
               men
               of
               Quality
               and
               Substance
               ,
               men
               that
               have
               a
               great
               deal
               to
               lose
               ,
               And
               therefore
               your
               Lordship
               hath
               the
               same
               in
               substance
               ,
               as
               if
               a
               Challenge
               was
               allowed
               of
               Freehold
               .
               It
               will
               be
               no
               kind
               of
               prejudice
               to
               your
               Lordship
               in
               this
               case
               ,
               Therefore
               ,
               if
               you
               please
               ,
               apply
               your self
               as
               the
               Jury
               is
               called
               ,
               and
               make
               your
               Exceptions
               ,
               if
               you
               shall
               make
               any
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Mr.
               Bollexfen
               ,
               you
               shall
               have
               liberty
               to
               stay
               any
               where
               here
               ,
               if
               you
               please
               .
            
          
           
             
               Counsel
               .
            
             
               Here
               is
               such
               a
               great
               Crowd
               ,
               my
               Lord
               ,
               we
               have
               no
               room
               .
            
          
           
             
               Then
               the
               Iurymen
               were
               called
               ,
               and
               after
               the
               Lord
            
             Russel
             
               had
               challenged
               One
               and
               Thirty
               of
               them
               ,
               the
               Iury
               sworn
               were
               as
               follows
               .
            
          
           
             
               Jur.
               
            
             
               
                 Iohn
                 Martin
              
               .
            
             
               
                 William
                 Rouse
              
               .
            
             
               
                 Iervas
                 Seaton
              
               .
            
             
               
                 William
                 Fashion
              
               .
            
             
               
                 Thomas
                 Short.
              
               
            
             
               
                 George
                 Toriano
              
               .
            
             
               
                 William
                 Butler
              
               .
            
             
               
                 Iames
                 Pickering
              
               .
            
             
               
                 Thomas
                 Ieve
              
               .
            
             
               
                 Hugh
                 Noden
              
               .
            
             
               
                 Robert
                 Brough
              
               .
            
             
               
                 Thomas
                 Omeby
              
               .
            
          
           
             Then
             was
             made
             Proclamation
             for
             Information
             .
          
           
             
               Cl.
               of
               Cr.
               
            
             
               William
               Russel
               
                 Esq
              
               hold
               up
               thy
               hand
               .
               (
               
                 which
                 he
                 did
              
               )
               .
               You
               of
               the
               Jury
               look
               upon
               the
               Prisoner
               ,
               and
               hearken
               to
               his
               Cause
               .
               He
               stands
               Indicted
               by
               the
               name
               of
               —
               pront
               before
               in
               the
               Indictment
               .
               Upon
               this
               Indictment
               he
               hath
               been
               arraigned
               ,
               and
               thereunto
               pleaded
               Not
               Guilty
               ,
               and
               for
               his
               Tryal
               hath
               put
               himself
               upon
               his
               Country
               ,
               which
               Country
               you
               are
               :
               Your
               Charge
               is
               to
               inquire
               whether
               he
               be
               Guilty
               of
               this
               High
               Treason
               whereof
               he
               stands
               Indicted
               ,
               or
               not
               Guilty
               :
               If
               you
               find
               him
               Guilty
               ,
               you
               shall
               inquire
               ,
               &c.
               
            
          
           
             
               Mr.
               North.
               
            
             
               May
               it
               please
               your
               Lordship
               ,
               and
               you
               that
               are
               sworn
               ,
               The
               Prisoner
               at
               the
               Bar
               stands
               charged
               in
               this
               Indictment
               with
               no
               less
               than
               the
               Conspiring
               the
               death
               of
               the
               Kings
               Majesty
               ,
               and
               that
               in
               order
               to
               the
               same
               ,
               he
               did
               ,
               with
               other
               Traitors
               named
               in
               the
               Indictment
               ,
               and
               others
               not
               known
               ,
               2.
               
               November
               ,
               in
               the
               34th
               year
               of
               this
               King
               ,
               in
               the
               Parish
               of
               Bassishawe
               ,
               within
               the
               City
               of
               London
               ,
               meet
               and
               conspire
               together
               to
               bring
               our
               Soveraign
               Lord
               the
               King
               to
               death
               ,
               to
               raise
               War
               and
               Rebellion
               against
               him
               ,
               and
               to
               massacre
               his
               Subjects
               .
               And
               in
               order
               to
               compass
               these
               wicked
               Designs
               ,
               there
               being
               assembled
               ,
               did
               conclude
               to
               seize
               the
               Kings
               Guards
               ,
               and
               his
               Majesties
               Person
               .
               This
               is
               the
               Charge
               ,
               the
               Defendant
               says
               he
               is
               Not
               Guilty
               ,
               if
               we
               prove
               it
               upon
               him
               ,
               it
               will
               be
               your
               duty
               to
               find
               it
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               My
               Lord
               ,
               and
               you
               Gentlemen
               of
               the
               Jury
               ,
               most
               of
               our
               Evidence
               against
               this
               Honourable
               Person
               at
               the
               Bar
               is
               to
               this
               purpose
               ,
               This
               Person
               ,
               the
               Duke
               of
               Monmouth
               ,
               my
               Lord
               Gray
               ,
               Sir
               
                 Thomas
                 Armstrong
              
               ,
               and
               Mr.
               Ferguson
               ,
               they
               were
               the
               Council
               of
               State
               ,
               as
               I
               may
               call
               them
               ,
               to
               give
               forth
               directions
               for
               the
               general
               Rising
               that
               hath
               appeared
               was
               to
               have
               been
               within
               this
               Kingdom
               .
               The
               Rising
               was
               of
               great
               concern
               and
               expence
               ,
               and
               must
               be
               managed
               by
               Persons
               of
               interest
               ,
               prudence
               ,
               and
               great
               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
               17th
               of
               November
               last
               ,
               But
               the
               honourable
               Person
               at
               the
               Bar
               ,
               and
               the
               rest
               ,
               made
               him
               this
               Answer
               ,
               That
               Mr.
               Trenchard
               had
               failed
               them
               ,
               for
               that
               he
               had
               promised
               to
               have
               1000
               Foot
               and
               2
               or
               300
               Horse
               at
               four
               hours
               warning
               ,
               but
               now
               it
               was
               come
               to
               pass
               ,
               he
               could
               not
               Perform
               it
               ,
               that
               some
               Persons
               in
               the
               West
               would
               not
               joyn
               with
               them
               ,
               and
               therefore
               at
               this
               time
               they
               could
               not
               proceed
               ,
               and
               therefore
               they
               must
               defer
               the
               day
               .
               And
               as
               a
               Council
               ,
               they
               sent
               my
               Lord
               Shaftsbury
               word
               he
               must
               be
               contented
               ,
               they
               had
               otherwise
               resolved
               ,
               and
               thereupon
               my
               Lord
               Shaftsbury
               went
               away
               ,
               and
               Mr.
               Ferguson
               with
               him
               .
            
             
               To
               carry
               on
               this
               practice
               they
               took
               others
               into
               their
               Council
               Sir
               
                 Thomas
                 Armstrong
              
               was
               left
               out
               ,
               and
               there
               falling
               that
               Scandalous
               Report
               upon
               my
               Lord
               Gray
               he
               was
               to
               be
               left
               out
               ,
               and
               then
               there
               was
               to
               be
               a
               new
               Council
               of
               Six
               ,
               whereas
               the
               inferior
               Council
               to
               manage
               the
               Assassination
               was
               seven
               .
               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
               ;
               30000
               l.
               was
               demanded
               by
               the
               Scots
               ,
               in
               order
               that
               they
               should
               be
               read●
               〈◊〉
               Scotland
               ;
               then
               they
               fell
               to
               10000
               ,
               and
               at
               last
               (
               for
               the
               Scots
               love
               Money
               )
               they
               fell
               to
               5000
               ,
               which
               they
               would
               take
               and
               run
               all
               hazards
               ,
               but
               they
               not
               coming
               to
               their
               Terms
               ,
               that
               broke
               off
               that
               Week
               the
               Plot
               was
               discovered
               .
            
             
               Gentlemen
               ,
               if
               we
               prove
               all
               these
               Instances
               ,
               besides
               we
               shall
               call
               some
               to
               shew
               you
               that
               all
               the
               inferior
               Party
               still
               looked
               upon
               these
               to
               be
               the
               Heads
               ;
               and
               tho'
               they
               kept
               it
               secret
               ,
               God
               hath
               suffered
               it
               to
               come
               to
               light
               with
               as
               plain
               an
               Evidence
               as
               ever
               was
               heard
               .
            
          
           
             
               Sir
               Geo.
               Jeff.
               
            
             
               I
               will
               not
               take
               up
               any
               of
               your
               Lordships
               time
               ;
               we
               will
               call
               our
               Witnesses
               to
               prove
               the
               Fact
               Mr.
               Attorney
               hath
               opened
               .
               Swear
               Collonel
               
                 Romsey
                 .
                 (
                 which
                 was
                 done
                 )
              
               Pray
               Collonel
               Romsey
               will
               you
               give
               my
               Lord
               and
               the
               Jury
               an
               Accompt
               ,
               from
               the
               beginning
               to
               the
               end
               of
               the
               several
               Meetings
               that
               were
               ,
               and
               what
               was
               the
               Debates
               of
               those
               Meetings
               .
            
          
           
             
               Col.
               Romsey
               .
            
             
               My
               Lord
               ,
               I
               was
               at
               my
               Lord
               Shaftbury's
               Lodging
               where
               he
               lay
               down
               by
               Wapping
               about
               the
               latter
               end
               of
               October
               or
               the
               beginning
               of
               Novemb.
               and
               he
               told
               me
               there
               was
               met
               at
               one
               Mr.
               Sheppards
               house
               the
               Duke
               of
               Monmouth
               ,
               my
               Lord
               Russel
               ,
               my
               Lord
               Gray
               ,
               Sir
               
                 Thomas
                 Armstrong
              
               ,
               &
               Mr.
               Ferguson
               ,
               And
               he
               desired
               me
               to
               speak
               to
               them
               to
               know
               what
               resolution
               they
               were
               come
               to
               about
               the
               Rising
               of
               Taunton
               .
               I
               did
               go
               there
               accordingly
               ,
               and
               call
               for
               Mr.
               Sheppard
               ,
               and
               he
               carried
               me
               up
               where
               they
               were
               ,
               and
               the
               Answer
               that
               was
               there
               made
               me
               was
               ,
               That
               Mr.
               Trenchard
               had
               failed
               them
               ,
               and
               there
               would
               be
               no
               more
               done
               in
               the
               matter
               at
               that
               time
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               Tell
               the
               whole
               passage
               .
            
          
           
             
               Col.
               Romsey
               .
            
             
               I
               did
               say
               my
               Lord
               Shaftsbury
               had
               sent
               me
               to
               know
               what
               resolution
               they
               had
               taken
               about
               the
               rising
               of
               Taunton
               .
               They
               made
               me
               this
               answer
               ,
               That
               Mr.
               Trenchard
               h●d
               failed
               them
               ,
               that
               he
               had
               promised
               1000
               Foot
               and
               300
               Horse
               ,
               but
               when
               he
               came
               to
               Perform
               it
               he
               could
               not
               .
               He
               thought
               the
               people
               would
               not
               meddle
               ,
               unless
               they
               had
               some
               time
               to
               make
               provision
               for
               their
               Families
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Who
               had
               you
               this
               Message
               from
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Mr.
               Ferguson
               did
               speak
               most
               of
               it
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Who
               sent
               this
               Message
               back
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Mr.
               Ferguson
               made
               the
               Answer
               ,
               my
               Lord
               Russel
               and
               the
               Duke
               of
               Monmouth
               were
               present
               ,
               and
               I
               think
               my
               Lord
               Gray
               did
               say
               something
               to
               the
               same
               purpose
               .
            
          
           
             
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Pray
               how
               often
               were
               you
               with
               them
               at
               that
               house
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               I
               do
               not
               know
               ,
               I
               was
               there
               more
               than
               once
               ;
               I
               was
               there
               either
               another
               time
               ,
               or
               else
               I
               heard
               Mr.
               Ferguson
               make
               a
               Report
               of
               another
               Meeting
               to
               my
               Lord
               Shaftesbury
               .
            
          
           
             
               Sir
               
                 Geo.
                 Jeff.
              
               
            
             
               Was
               my
               Lord
               Russel
               in
               the
               Room
               when
               this
               Debate
               was
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               ,
               my
               Lord.
               
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               What
               did
               they
               say
               further
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               That
               was
               all
               at
               that
               time
               ,
               that
               I
               remember
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Was
               there
               nothing
               of
               my
               Lord
               Shaftesbury
               to
               be
               contented
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               ,
               that
               my
               Lord
               Shaftesbury
               must
               be
               contented
               ;
               and
               upon
               that
               he
               took
               his
               resolution
               to
               be
               gone
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Did
               you
               hear
               any
               such
               Resolution
               from
               him
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               ,
               my
               Lord.
               
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Did
               you
               know
               of
               their
               meeting
               there
               ,
               or
               was
               it
               by
               my
               Lord
               
               Shaftesbury's
               direction
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               No
               ,
               but
               my
               Lord
               told
               me
               ,
               I
               should
               find
               such
               Persons
               ,
               and
               accordingly
               I
               found
               them
               ;
               and
               this
               Answer
               was
               given
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               What
               time
               did
               you
               stay
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               I
               think
               I
               was
               not
               there
               above
               a
               quarter
               of
               an
               Hour
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Was
               there
               any
               Discourse
               happened
               while
               you
               were
               there
               about
               a
               Declaration
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               I
               am
               not
               certain
               whether
               I
               did
               hear
               something
               about
               a
               Declaration
               there
               ,
               or
               that
               Mr.
               Ferguson
               did
               Report
               it
               to
               my
               L.
               Shaftesbury
               ,
               that
               they
               had
               debated
               it
               .
            
          
           
             
               Sir
               
                 Geo.
                 Jeff.
              
               
            
             
               To
               what
               purpose
               was
               the
               Declaration
               ?
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               We
               must
               do
               the
               Prisoner
               that
               Right
               ;
               He
               sayes
               he
               can't
               tell
               whether
               he
               had
               it
               from
               him
               or
               Mr.
               Ferguson
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Did
               you
               hear
               no
               Discourse
               to
               what
               it
               tended
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               My
               Lord
               ,
               There
               was
               some
               Discourse
               about
               seeing
               what
               Posture
               the
               Guards
               were
               in
               .
            
          
           
             
               One
               of
               the
               Jury
               .
            
             
               By
               whom
               Sir
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               By
               all
               the
               Company
               that
               was
               there
               .
            
          
           
             
               L.C.J.
               
            
             
               What
               was
               that
               Discourse
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               To
               see
               what
               Posture
               they
               were
               in
               ,
               that
               〈◊〉
               might
               know
               how
               to
               surprize
               them
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               The
               Guards
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               ,
               that
               were
               at
               the
               Savoy
               ,
               and
               the
               Mews
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Whose
               were
               the
               words
               ?
               Tell
               the
               words
               as
               near
               as
               you
               can
               .
            
          
           
             
               Col.
               Romsey
               .
            
             
               My
               Lord
               ,
               the
               Discourse
               was
               ,
               that
               some
               should
               —
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Who
               made
               that
               Discourse
               .
            
          
           
             
               Col.
               Romsey
               .
            
             
               My
               Lord
               ,
               I
               think
               Sir
               
                 Tho.
                 Armstrong
              
               began
               it
               ,
               and
               Mr.
               Ferguson
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Was
               it
               discoursed
               among
               all
               the
               Company
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               All
               the
               Company
               did
               debate
               it
               .
               Afterwards
               they
               thought
               it
               necessary
               to
               see
               with
               what
               care
               and
               vigilance
               they
               did
               Guard
               themselves
               at
               the
               Savoy
               and
               the
               Mews
               ,
               whether
               they
               might
               be
               surprized
               or
               not
               .
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               Was
               there
               any
               undertook
               to
               go
               and
               see
               there
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               There
               were
               some
               Persons
               .
            
          
           
             
               Sir
               
                 Geo.
                 Jeff.
              
               
            
             
               Name
               them
               .
            
          
           
             
               Col.
               Romsey
               .
            
             
               I
               think
               the
               Duke
               of
               Monmouth
               ,
               my
               Lord
               Gray
               ,
               and
               Sir
               
                 Tho.
                 Armstrong
              
               .
            
          
           
             
               Sir
               
                 Geo.
                 Jeff.
              
               
            
             
               Was
               my
               Lord
               Russell
               ,
               the
               Prisoner
               ,
               there
               ,
               when
               they
               undertook
               to
               take
               the
               view
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               ,
               Sir.
               
            
          
           
             
               Mr.
               
                 Att.
                 Gen.
              
               
            
             
               To
               what
               purpose
               was
               the
               view
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               To
               surprize
               them
               if
               the
               Rising
               had
               gone
               on
               .
            
          
           
             
               Sir.
               
                 George
                 Jeff.
              
               
            
             
               Did
               you
               observe
               by
               the
               Debates
               that
               happened
               ,
               that
               they
               did
               take
               Notice
               there
               was
               a
               Rising
               intended
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               .
            
          
           
             
               Sir
               
                 Geo.
                 Jeff.
              
               
            
             
               And
               that
               Direction
               was
               given
               to
               take
               a
               view
               of
               the
               Guards
               ,
               if
               the
               Rising
               had
               gone
               on
               ?
            
          
           
             
               Col.
               Romsey
               .
            
             
               Yes
               .
            
          
           
             
               L.
               Ch.
               Just.
               
            
             
               Pray
               Sir
               declare
               justly
               the
               discourse
               .
            
          
           
             
               Col.
               Romsey
               .
            
             
               I
               went
               to
               them
               from
               my
               Lord
               Shaftesbury
               :
               And
               I
               did
               tell
               them
               ,
               That
               my
               Lord
               did
               pray
               they
               would
               come
               to
               some
               Resolution
               ;
               &
               they
               told
               me
               ,
               Mr.
               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
               19
               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
               8
               or
               9
               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
               11
               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
               1000
               or
               1500.
               
               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
               8
               or
               10
               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
               17
               th
               or
               18
               th
               Cap.
               Walcot
               came
               to
               me
               ,
               and
               told
               me
               ,
               now
               they
               were
               resolv'd
               positively
               to
               rise
               ,
               and
               did
               believe
               that
               a
               smart
               Party
               might
               perhaps
               meet
               with
               some
               Great
               men
               .
               Thereupon
               I
               told
               the
               Duke
               of
               it
               ;
               I
               met
               him
               in
               the
               street
               ,
               &
               went
               out
               ,
               of
               my
               own
               Coach
               into
               his
               ,
               &
               told
               him
               ,
               That
               there
               was
               some
               dark
               intimation
               ,
               as
               if
               there
               might
               be
               some
               Attempt
               upon
               the
               Kings
               Person
               ;
               with
               that
               he
               strook
               his
               breast
               with
               a
               great
               Emotion
               of
               spirit
               ,
               &
               said
               ,
               Godsoe
               ,
               Kill
               the
               KING
               !
               I
               will
               never
               suffer
               that
               .
               Then
               we
               went
               to
               the
               Play-House
               to
               find
               Sir
               
                 Tho.
                 Armstrong
              
               ,
               &
               send
               him
               up
               and
               down
               the
               City
               to
               put
               it
               off
               ,
               as
               they
               did
               formerly
               ;
               &
               it
               was
               done
               with
               that
               Success
               ,
               that
               we
               were
               all
               quieted
               in
               our
               minds
               ,
               that
               at
               that
               time
               nothing
               would
               be
               done
               .
               But
               upon
               the
               day
               the
               King
               came
               from
               New-Market
               ,
               we
               din'd
               together
               ;
               the
               Duke
               of
               Monmouth
               was
               one
               ,
               and
               there
               we
               had
               a
               notion
               conveyed
               among
               us
               ,
               that
               some
               bold
               Action
               should
               be
               done
               that
               day
               ;
               which
               comparing
               it
               with
               the
               Kings
               coming
               ,
               we
               concluded
               it
               was
               design'd
               upon
               the
               King.
               And
               I
               remember
               my
               L.
               Gray
               ,
               says
               he
               ,
               By
               God
               ,
               If
               they
               do
               Attempt
               any
               such
               thing
               ,
               it
               can't
               fail
               .
               We
               were
               in
               great
               anxiety
               of
               mind
               ,
               till
               we
               heard
               the
               Kings
               Coach
               was
               come
               in
               ,
               and
               Sir
               
                 Tho.
                 Armstrong
              
               not
               being
               there
               ,
               we
               apprehended
               that
               he
               was
               to
               be
               one
               of
               the
               party
               (
               for
               he
               was
               not
               there
               )
               .
               This
               failling
               ,
               it
               was
               then
               next
               determined
               (
               which
               was
               the
               last
               Alarum
               and
               News
               I
               had
               of
               it
               )
               to
               be
               done
               upon
               the
               17
               th
               of
               November
               ,
               the
               Anniversary
               of
               Queen
               Elizabeth
               ;
               and
               I
               remember
               it
               by
               this
               Remark
               I
               made
               my self
               ,
               That
               I
               fear'd
               it
               had
               been
               discovered
               ,
               because
               I
               saw
               a
               Proclamation
               a
               little
               before
               ,
               forbidding
               publick
               Bonfires
               without
               Leave
               of
               my
               Lord
               Mayor
               .
               It
               made
               some
               impressions
               upon
               me
               ;
               that
               I
               thought
               they
               had
               got
               
               an
               intimation
               of
               our
               Intention
               ,
               and
               had
               therefore
               forbid
               that
               meeting
               .
               This
               therefore
               of
               the
               17
               th
               .
               of
               November
               ,
               being
               also
               disappointed
               ,
               and
               my
               L.
               Shaftsbury
               ,
               being
               told
               things
               were
               not
               ripe
               in
               the
               Country
               ,
               took
               Shipping
               and
               got
               away
               ;
               and
               from
               that
               time
               ,
               I
               heard
               no
               more
               of
               him
               ,
               till
               I
               heard
               he
               was
               dead
               .
               Now
               Sir
               ,
               after
               this
               ,
               we
               all
               began
               to
               lye
               under
               the
               same
               Sense
               and
               Apprehensions
               that
               my
               L.
               Shaftsbury
               did
               ,
               That
               we
               had
               gone
               so
               far
               ,
               and
               communicated
               it
               to
               so
               many
               ,
               that
               it
               was
               unsafe
               to
               make
               a
               Retreat
               ;
               and
               this
               being
               considered
               ,
               it
               was
               also
               considered
               ,
               that
               so
               great
               an
               Affair
               as
               that
               was
               ,
               consisting
               of
               such
               infinite
               Particulars
               ,
               to
               be
               managed
               with
               so
               much
               sineness
               ,
               and
               to
               have
               so
               many
               parts
               ,
               it
               would
               be
               necessary
               ,
               that
               there
               should
               be
               some
               General
               Council
               ,
               that
               should
               take
               upon
               them
               the
               Care
               of
               the
               Whole
               .
               Upon
               these
               thoughts
               ,
               we
               Resolved
               to
               Erect
               a
               little
               Caball
               among
               our selves
               ,
               which
               did
               consist
               of
               Six
               Persons
               ;
               and
               the
               Persons
               were
               ,
               The
               Duke
               of
               Monmouth
               ,
               my
               Lord
               of
               Essex
               ,
               my
               Lord
               Russel
               ,
               Mr.
               Hambden
               Jun.
               
                 Algernone
                 Sidney
              
               ,
               and
               my
               Self
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               About
               what
               time
               was
               this
               ,
               when
               you
               setled
               this
               Council
               ?
            
          
           
             
               L.
               Howard
               .
            
             
               It
               would
               have
               been
               proper
               for
               me
               in
               the
               next
               place
               to
               tell
               you
               that
               ,
               and
               I
               was
               coming
               to
               it
               .
               This
               was
               about
               the
               middle
               of
               January
               last
               ,
               (
               as
               near
               as
               I
               can
               remember
               )
               ;
               for
               about
               that
               time
               ,
               we
               did
               meet
               at
               Mr.
               Hambdens
               House
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               Name
               those
               that
               met
               .
            
          
           
             
               L.
               Howard
               .
            
             
               All
               the
               Persons
               I
               Named
               before
               :
               that
               was
               ,
               The
               D.
               of
               Monmouth
               ,
               my
               L.
               Essex
               ,
               my
               L.
               Russel
               ,
               Col.
               Sidney
               ,
               Mr.
               Hambden
               Jun.
               and
               my Self
               .
               When
               we
               met
               there
               ,
               it
               was
               presently
               agreed
               ,
               what
               their
               proper
               Province
               was
               ,
               which
               was
               to
               have
               a
               care
               of
               the
               Whole
               :
               And
               therefore
               it
               was
               necessary
               some
               General
               things
               should
               fall
               under
               our
               Care
               and
               Conduct
               ,
               which
               could
               not
               possibly
               be
               Conducted
               by
               individual
               Persons
               .
               The
               things
               that
               did
               Principally
               challenge
               this
               Care
               ,
               we
               thought
               were
               these
               ;
               Whether
               the
               Insurrection
               was
               most
               Proper
               to
               be
               begun
               in
               London
               ,
               or
               in
               the
               Country
               ,
               or
               both
               at
               one
               instant
               .
               This
               stood
               upon
               several
               different
               Reasons
               :
               It
               was
               said
               in
               the
               Country
               ;
               and
               I
               remember
               the
               D.
               of
               Monmouth
               insisted
               upon
               it
               ,
               that
               it
               was
               impossible
               to
               oppose
               a
               Formed
               ,
               well
               Methodiz'd
               ,
               and
               Governed
               Force
               ,
               with
               a
               Rabble
               hastily
               got
               together
               ;
               and
               therefore
               whatever
               Numbers
               could
               be
               gathered
               in
               the
               City
               ,
               would
               be
               suppressed
               quickly
               before
               they
               could
               Form
               themselves
               :
               Therefore
               it
               would
               be
               better
               to
               begin
               it
               at
               such
               a
               distance
               from
               the
               Town
               ,
               where
               they
               might
               have
               an
               Opportunity
               of
               Forming
               themselves
               ,
               &
               would
               not
               be
               subject
               to
               the
               like
               panick
               Fear
               ,
               as
               in
               the
               Town
               ,
               where
               half
               an
               Hour
               would
               convey
               the
               News
               to
               those
               Forces
               ,
               that
               in
               another
               half
               Hour
               would
               be
               ready
               to
               suppress
               them
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               Was
               this
               Determined
               among
               you
               all
               ?
            
          
           
             
               L.
               Howard
               .
            
             
               In
               this
               manner
               that
               I
               tell
               you
               ,
               Why
               it
               was
               necessary
               to
               be
               done
               at
               some
               Reasonable
               distance
               from
               the
               Town
               .
               And
               from
               thence
               it
               was
               likewise
               considered
               ,
               that
               the
               being
               so
               remote
               from
               the
               Town
               ,
               it
               would
               put
               the
               King
               upon
               this
               Dilemma
               ,
               that
               either
               the
               King
               would
               send
               His
               Forces
               to
               subdue
               them
               ,
               or
               not
               ;
               if
               he
               did
               ,
               He
               must
               leave
               the
               City
               Naked
               ,
               vvho
               being
               
                 Proximi
                 Dispositioni
              
               to
               Action
               ,
               it
               would
               give
               them
               Occasion
               to
               Rise
               ,
               and
               come
               upon
               the
               back
               of
               the
               Kings
               Forces
               ;
               if
               he
               did
               not
               send
               ,
               it
               vvould
               give
               them
               time
               to
               Form
               their
               Number
               ,
               and
               be
               better
               Ordered
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               My
               Lord
               ,
               We
               do
               not
               desire
               all
               your
               Discourse
               and
               Debates
               ;
               What
               was
               your
               other
               General
               thing
               ?
            
          
           
             
               L.
               Howard
               .
            
             
               The
               Other
               was
               ,
               What
               Countries
               and
               Towns
               were
               the
               fittest
               and
               most
               disposed
               to
               Action
               :
               and
               the
               Third
               ,
               What
               Arms
               were
               necessary
               to
               be
               got
               ,
               and
               how
               to
               be
               disposed
               :
               And
               a
               Fourth
               ,
               (
               which
               should
               have
               been
               indeed
               first
               in
               Consideration
               )
               propounded
               by
               the
               D.
               of
               Monmouth
               ,
               That
               it
               vvould
               be
               absolutely
               Necessary
               to
               have
               some
               Common
               Bank
               of
               25.
               or
               30000
               l.
               to
               Answer
               the
               Occasions
               of
               such
               an
               Undertaking
               .
               Nothing
               was
               done
               ,
               but
               these
               things
               were
               offered
               then
               to
               our
               Consideration
               ,
               and
               we
               were
               to
               bring
               in
               our
               United
               Advice
               concerning
               them
               .
               But
               the
               Last
               and
               Greatest
               was
               ,
               How
               we
               might
               so
               order
               it
               ,
               as
               to
               draw
               Scotland
               into
               a
               consent
               with
               us
               ,
               for
               we
               thought
               it
               necessary
               that
               all
               the
               Diversion
               should
               be
               given
               .
               This
               was
               the
               Last
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               Had
               you
               any
               other
               Meetings
               ?
            
          
           
             
               L.
               Howard
               .
            
             
               We
               had
               about
               Ten
               days
               after
               this
               at
               my
               Lord
               Russels
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               The
               same
               Persons
               ?
            
          
           
             
               L.
               How.
               
            
             
               Every
               one
               of
               the
               same
               Persons
               then
               meeting
               .
            
          
           
             
               Mr.
               
                 Attor
                 .
                 Gen.
              
               
            
             
               What
               Debates
               had
               you
               there
               ?
            
          
           
             
               L.
               How.
               
            
             
               Then
               it
               was
               so
               far
               ,
               as
               we
               came
               to
               a
               Resolution
               ,
               That
               som
               Persons
               should
               be
               sent
               to
               my
               L.
               Argyle
               ,
               to
               settle
               an
               Understanding
               with
               him
               ,
               &
               that
               some
               Messengers
               should
               be
               dispatcht'd
               into
               Scotland
               ,
               that
               should
               invite
               some
               Persons
               hither
               ,
               that
               were
               judged
               most
               able
               to
               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
               13
               th
               .
               of
               this
               King
               is
               Elapsed
               ,
               it
               must
               be
               ,
               as
               I
               understand
               by
               the
               Law
               ,
               Prosecuted
               withiSix
               Months
               ,
               and
               by
               the
               25
               E.
               3.
               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
               25
               E.
               3.
               
               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
               2d
               ,
               another
               of
               a
               3d
               ,
               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.
               6.
               
            
          
           
             
               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.
               3.
               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
               25
               E.
               3.
               c.
               2.
               
               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
               53
               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
               19th
               of
               November
               last
               ,
               which
               is
               the
               substance
               of
               Col.
               Romseys
               Evidence
               .
            
             
               Gentlemen
               ,
               the
               next
               Witness
               is
               Mr.
               Sheppard
               ,
               and
               his
               Evidence
               was
               this
               :
               he
               Swears
               that
               about
               October
               last
               ,
               Mr.
               Ferguson
               came
               to
               him
               of
               a
               Message
               from
               the
               Duke
               of
               Monmouth
               ,
               to
               let
               him
               know
               ,
               that
               he
               and
               some
               other
               persons
               of
               Quality
               would
               be
               there
               that
               night
               ;
               that
               accordingly
               they
               did
               meet
               and
               my
               Lord
               Russel
               was
               there
               likewise
               ;
               that
               they
               did
               desire
               to
               be
               private
               ,
               and
               his
               Servants
               were
               sent
               away
               ;
               and
               that
               he
               was
               the
               man
               that
               did
               attend
               them
               .
               He
               Swears
               there
               was
               a
               discourse-concerning
               the
               way
               and
               method
               to
               seize
               the
               Guards
               ;
               he
               goes
               so
               far
               ,
               as
               to
               give
               an
               account
               of
               the
               Return
               of
               the
               Errand
               the
               Duke
               of
               Monmouth
               ,
               my
               Lord
               Gray
               ,
               and
               Sir
               
                 Thomas
                 Armstrong
              
               went
               upon
               ,
               That
               it
               was
               feasible
               if
               they
               had
               strength
               to
               do
               it
               .
               Then
               he
               went
               a
               little
               farther
               ,
               and
               he
               told
               you
               there
               was
               a
               Paper
               read
               ,
               that
               in
               his
               Evidence
               does
               not
               come
               up
               to
               my
               Lord
               Russel
               ,
               for
               he
               did
               not
               say
               my
               Lord
               Russel
               was
               by
               ,
               and
               I
               would
               willingly
               repeat
               nothing
               but
               what
               concerns
               the
               Prisoner
               .
               This
               therefore
               Col.
               Romsey
               and
               Mr.
               Sheppard
               agree
               in
               ,
               That
               there
               was
               a
               Debate
               among
               them
               how
               to
               surprize
               the
               Guards
               ,
               and
               whether
               that
               was
               feasible
               ,
               and
               Mr.
               Sheppard
               is
               positive
               as
               to
               the
               return
               made
               upon
               the
               view
               .
            
             
               The
               next
               Witness
               was
               my
               Lord
               Howard
               ;
               he
               gives
               you
               an
               account
               of
               many
               things
               ,
               
               and
               many
               things
               that
               he
               tells
               you
               are
               by
               hearsay
               .
               But
               I
               cannot
               but
               observe
               to
               you
               ,
               that
               all
               this
               hearsay
               is
               confirmed
               by
               these
               two
               positive
               Witnesses
               ,
               and
               their
               Oaths
               agree
               with
               him
               in
               it
               .
               For
               my
               Lord
               Shaftsbury
               told
               him
               of
               the
               disappointment
               he
               had
               met
               with
               from
               these
               Noble
               Persons
               that
               would
               not
               joyn
               with
               him
               ;
               and
               then
               he
               went
               from
               my
               Lord
               Shaftsbury
               to
               the
               Duke
               of
               Monmouth
               to
               expostulate
               with
               him
               about
               it
               (
               for
               my
               Lord
               Shaftsbury
               was
               then
               ready
               to
               be
               in
               action
               )
               and
               that
               the
               Duke
               said
               he
               always
               told
               him
               ,
               he
               would
               not
               engage
               at
               that
               time
               .
               This
               thing
               is
               confirmed
               to
               you
               by
               these
               two
               Witnesses
               .
               Col.
               Romsey
               says
               ,
               when
               he
               brought
               the
               Message
               from
               my
               Lord
               Shaftsbury
               ,
               the
               answer
               was
               .
               They
               were
               not
               ready
               ,
               my
               Lord
               must
               be
               contented
               .
            
             
               Next
               he
               goes
               on
               with
               a
               discourse
               concerning
               my
               Lord
               Shaftsbury
               ,
               (
               that
               does
               not
               immedia●●ly
               come
               up
               to
               the
               Prisoner
               at
               the
               Bar
               ,
               but
               it
               manifests
               there
               was
               a
               Designe
               at
               that
               time
               )
               he
               had
               10000
               brisk
               Boys
               (
               as
               he
               called
               them
               )
               ready
               to
               follow
               him
               upon
               the
               holding
               up
               his
               finger
               .
               But
               it
               was
               thought
               not
               so
               prudent
               to
               begin
               it
               ,
               unless
               they
               could
               joyn
               all
               their
               Forces
               .
               So
               you
               hear
               in
               this
               they
               were
               disappointed
               :
               And
               partly
               by
               another
               accident
               too
               my
               Lord
               Howard
               had
               an
               apprehention
               it
               might
               be
               discovered
               ,
               that
               was
               upon
               the
               Proclamation
               that
               came
               out
               forbidding
               Bonfires
               ,
               to
               prevent
               the
               ordinary
               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
               25
               E.
               3.
               and
               if
               it
               be
               onely
               within
               the
               Statute
               of
               the
               13th
               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
               13th
               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
               :
            
             
               
                 
                   
                     
                       
                         13.
                         
                         Car.
                         2.
                         
                      
                    
                     
                       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
               25
               E.
               3.
               
               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
               ,
               1
               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
               17th
               ,
               upon
               the
               day
               of
               Queen
               
               Elizabeth's
               birth
               .
               You
               hear
               he
               
               does
               say
               ,
               there
               was
               at
               that
               Meeting
               some
               discourse
               concerning
               inspecting
               the
               Kings
               Guards
               ,
               and
               seeing
               how
               they
               kept
               themselves
               ,
               and
               whether
               they
               might
               be
               surprized
               ;
               and
               this
               he
               says
               was
               all
               in
               order
               to
               a
               Rising
               .
               He
               says
               that
               at
               this
               my
               Lord
               Russel
               was
               present
               .
               Mr.
               Sheppard
               does
               say
               ,
               that
               my
               Lord
               Russel
               was
               there
               :
               That
               he
               came
               into
               this
               Meeting
               with
               the
               Duke
               of
               Monmouth
               ,
               and
               he
               did
               go
               away
               with
               the
               Duke
               of
               Monmouth
               as
               he
               believes
               .
               He
               says
               there
               was
               some
               discourse
               of
               a
               Rising
               or
               Insurrection
               that
               was
               to
               be
               procured
               within
               the
               Kingdom
               ;
               but
               he
               does
               not
               tell
               you
               the
               particulars
               of
               any
               thing
               ,
               he
               himself
               does
               not
               .
               My
               Lord
               Howard
               afterwards
               does
               come
               and
               tell
               you
               of
               a
               great
               discourse
               he
               had
               with
               my
               Lord
               Shaftsbury
               in
               order
               to
               a
               Rising
               in
               the
               City
               of
               London
               ,
               and
               my
               Lord
               Shaftsbury
               did
               value
               himself
               mightily
               upon
               10000
               men
               he
               hoped
               to
               raise
               ;
               and
               a
               great
               deal
               of
               discourse
               he
               had
               with
               my
               Lord
               Shaftsbury
               .
               This
               he
               does
               by
               way
               of
               inducement
               to
               what
               he
               says
               concerning
               my
               Lord
               Russel
               .
               The
               Evidence
               against
               him
               is
               some
               Consults
               that
               there
               were
               by
               Six
               of
               them
               ,
               who
               took
               upon
               them
               ,
               as
               he
               says
               ,
               to
               be
               a
               Council
               for
               the
               management
               of
               the
               Insurrection
               that
               was
               to
               be
               procured
               in
               this
               Kingdom
               .
               He
               instances
               in
               two
               that
               were
               for
               this
               purpose
               ;
               the
               one
               of
               them
               at
               Mr.
               
               Hambden's
               house
               ,
               the
               other
               at
               my
               Lord
               
               Russel's
               house
               .
               And
               he
               tells
               you
               at
               these
               Meetings
               there
               was
               some
               discourse
               of
               providing
               Treasure
               ,
               and
               of
               providing
               Arms
               ,
               but
               they
               came
               to
               no
               result
               in
               these
               things
               .
               He
               tells
               you
               ,
               that
               there
               was
               a
               design
               to
               send
               for
               some
               of
               the
               Kingdom
               of
               Scotland
               that
               might
               joyn
               with
               them
               in
               this
               thing
               .
               And
               this
               is
               upon
               the
               matter
               the
               substance
               of
               the
               Evidence
               that
               hath
               been
               at
               large
               declared
               to
               you
               by
               the
               King's
               Counsel
               ,
               and
               what
               you
               have
               heard
               .
               Now
               ,
               Gentlemen
               ,
               I
               must
               tell
               you
               ,
               some
               things
               it
               lies
               upon
               us
               to
               direct
               you
               in
               .
            
             
               My
               Lord
               excepts
               to
               these
               Witnesses
               ,
               because
               they
               are
               concerned
               by
               their
               own
               shewing
               in
               this
               Design
               :
               If
               there
               were
               any
               ,
               I
               did
               direct
               (
               some
               of
               you
               might
               hear
               me
               )
               yesterday
               ,
               that
               that
               was
               no
               sufficient
               exception
               against
               a
               mans
               being
               an
               Evidence
               in
               the
               case
               of
               Treason
               ,
               that
               he
               himself
               was
               concerned
               in
               it
               ;
               they
               are
               the
               most
               proper
               persons
               to
               be
               Evidence
               ,
               none
               being
               able
               to
               detect
               such
               Councils
               but
               them
               .
               You
               have
               heard
               my
               Lord
               Russels
               Witnesses
               that
               he
               hath
               brought
               concerning
               ,
               them
               ,
               and
               concerning
               his
               own
               integrity
               and
               course
               of
               life
               ,
               how
               it
               has
               been
               sober
               and
               civil
               ,
               with
               a
               great
               respect
               to
               Religion
               ,
               as
               these
               Gentlemen
               do
               all
               testifie
               .
               Now
               the
               Question
               before
               you
               will
               be
               ,
               whether
               upon
               this
               whole
               matter
               you
               do
               believe
               my
               Lord
               Russel
               had
               any
               design
               upon
               the
               Kings
               life
               ,
               to
               destroy
               the
               King
               ,
               or
               take
               away
               his
               life
               ,
               for
               that
               is
               the
               material
               part
               here
               .
               'T
               is
               used
               and
               given
               you
               (
               by
               the
               King's
               Counsel
               )
               as
               an
               evidence
               of
               this
               ,
               That
               he
               did
               conspire
               to
               raise
               an
               Insurrection
               ;
               and
               to
               cause
               a
               Rising
               of
               the
               people
               ,
               to
               make
               as
               it
               were
               a
               Rebellion
               within
               the
               Nation
               ,
               and
               to
               surprize
               the
               King's
               Guards
               ,
               which
               say
               they
               can
               have
               no
               other
               end
               but
               to
               seize
               and
               destroy
               the
               King
               ;
               and
               't
               is
               a
               great
               evidence
               (
               if
               my
               Lord
               Russel
               did
               design
               to
               seize
               the
               King's
               Guards
               ,
               and
               make
               an
               Insurrection
               in
               the
               Kingdom
               )
               of
               a
               design
               for
               to
               surprize
               the
               King's
               Person
               .
               It
               must
               be
               left
               to
               you
               upon
               the
               whole
               matter
               :
               You
               have
               not
               evidence
               in
               this
               Case
               as
               there
               was
               in
               the
               other
               matter
               that
               was
               tried
               in
               the
               morning
               or
               yesterday
               ,
               against
               the
               Conspirators
               to
               kill
               the
               King
               at
               the
               Rye
               .
               There
               was
               a
               direct
               evidence
               of
               a
               Consult
               to
               kill
               the
               King
               ,
               that
               is
               not
               given
               you
               in
               this
               Case
               ;
               this
               is
               an
               act
               of
               contriving
               Rebellion
               and
               an
               Insurrection
               within
               the
               Kingdom
               ,
               and
               to
               seize
               his
               Guards
               ,
               which
               is
               urged
               as
               an
               evidence
               ,
               and
               surely
               is
               in
               it self
               an
               evidence
               to
               seize
               and
               destroy
               the
               King.
               
            
             
               Upon
               this
               whole
               matter
               this
               is
               left
               to
               you
               .
               If
               you
               believe
               the
               Prisoner
               at
               the
               Bar
               to
               have
               conspired
               the
               death
               of
               the
               King
               ,
               and
               in
               order
               to
               that
               to
               have
               had
               these
               Consults
               that
               these
               Witnesses
               speak
               of
               ,
               then
               you
               must
               find
               him
               Guilty
               of
               this
               Treason
               that
               is
               laid
               to
               his
               Charge
               .
            
          
           
             
               Then
               the
               Court
               adjourned
               till
               four
               a
               Clock
               in
               the
               Afternoon
               ,
               when
               the
               Iury
               brought
               the
               said
               Lord
            
             Russel
             
               in
               Guilty
               of
               the
               said
               High
               Treason
               .
            
          
        
         
           
             The
             Tryal
             of
             JOHN
             ROVSE
             .
          
           
             Thursday
             July
             12.
             
             
               John
               Rouse
            
             and
             
               William
               Blagg
            
             being
             set
             to
             the
             Bar
             ,
             and
             after
             holding
             up
             their
             Hands
             ,
             the
             following
             Indictment
             was
             read
             .
          
           
             London
             .
          
           
             London
             .
             
               THe
               Jurors
               for
               our
               Soveraign
               Lord
               the
               King
               ,
               upon
               their
               Oaths
               present
               ,
               That
            
             John
             Rouse
             
               late
               of
            
             London
             
               Gent.
               and
            
             William
             Blagg
             
               late
               of
            
             London
             
               Gent.
               as
               false
               Traytors
               against
               the
               most
               Illustrious
               and
               Excellent
               Prince
               our
               Soveraign
               Lord
            
             Charles
             
               the
               Second
               ,
               by
               the
               Grace
               of
               God
               of
            
             England
             ,
             Scotland
             ,
             France
             ,
             and
             Ireland
             ,
             
               King
               ,
               their
               natural
               Lord
               ,
               not
               
               having
               the
               Fear
               of
               God
               in
               their
               hearts
               ,
               nor
               weighing
               the
               Duty
               of
               their
               Allegiance
               ,
               but
               being
               moved
               and
               seduced
               by
               the
               instigation
               of
               the
               Devil
               ;
               and
               the
               true
               Duty
               and
               natural
               Obedience
               which
               true
               and
               faithful
               Subjects
               of
               our
               Soveraign
               Lord
               the
               King
               towards
               him
               our
               said
               Lord
               the
               King
               do
               bear
               ,
               and
               of
               right
               ought
               to
               bear
               ,
               wholly
               withdrawing
               ,
               and
               with
               their
               whole
               strength
               intending
               the
               Peace
               and
               common
               Tranquillity
               of
               this
               Kingdom
               of
            
             England
             
               to
               disturb
               ,
               and
               War
               and
               Rebellion
               against
               our
               said
               Lord
               the
               King
               to
               move
               and
               stir
               up
               ,
               and
               the
               Government
               of
               our
               said
               Lord
               the
               King
               within
               this
               Kingdom
               of
            
             England
             
               to
               subvert
               ,
               and
               our
               said
               Lord
               the
               King
               from
               his
               Title
               ,
               Honour
               ,
               and
               Kingly
               name
               of
               the
               Imperial
               Crown
               of
               this
               his
               ●●●●dom
               of
            
             England
             
               to
               put
               down
               and
               deprive
               ,
               and
               our
               said
               Lord
               the
               King
               to
               Death
               and
               final
               Destruction
               to
               bring
               and
               put
               ,
               the
               second
               day
               of
            
             March
             ,
             
               in
               the
               year
               of
               the
               Reign
               of
               our
               Soveraign
               Lord
            
             Charles
             
               the
               Second
               King
               of
            
             England
             ,
             
               &c.
               the
               five
               and
               thirtieth
               ;
               and
               divers
               other
               days
               and
               times
               ,
               as
               well
               before
               as
               after
               ,
               at
               the
               Parish
               of
               St.
            
             Michael
             Bassishaw
             
               in
               the
               Ward
               of
            
             Bassishaw
             ,
             London
             ,
             
               maliciously
               and
               traiterously
               with
               divers
               other
               Traytors
               to
               the
               Jurors
               aforesaid
               unknown
               ,
               they
               did
               Conspire
               ,
               Compass
               ,
               Imagine
               ,
               and
               Intend
               our
               said
               Lord
               the
               King
               their
               Supream
               Lord
               ,
               not
               onely
               of
               his
               Kingly
               State
               ,
               Title
               ,
               Power
               ,
               and
               Government
               of
               this
               his
               Kingdom
               of
            
             England
             
               to
               deprive
               and
               throw
               down
               ,
               but
               also
               our
               said
               Lord
               the
               King
               to
               kill
               ,
               and
               to
               death
               to
               bring
               and
               put
               ;
               and
               the
               ancient
               Government
               of
               this
               his
               Kingdom
               of
            
             England
             
               to
               change
               ,
               alter
               ,
               and
               wholly
               to
               subvert
               ,
               and
               a
               miserable
               Slaughter
               amongst
               the
               Subjects
               of
               our
               said
               Lord
               the
               King
               through
               his
               whole
               Kingdom
               of
            
             England
             
               to
               cause
               and
               procure
               ,
               and
               Insurrection
               and
               Rebellion
               against
               our
               said
               Lord
               the
               King
               to
               move
               and
               stir
               up
               within
               this
               Kingdom
               of
            
             England
             .
             
               And
               to
               fulfil
               and
               perfect
               the
               said
               most
               horrible
               Treasons
               and
               traiterous
               Conspiracies
               ,
               Imaginations
               ,
               and
               Purposes
               aforesaid
               ,
               the
               said
            
             John
             Rouse
             and
             William
             Blagg
             ,
             
               then
               and
               there
               ,
               and
               divers
               other
               days
               and
               times
               ,
               as
               well
               before
               as
               after
               ,
               as
               false
               Traytors
               ,
               maliciously
               ,
               traiterously
               ,
               and
               advisedly
               they
               did
               assemble
               ,
               meet
               together
               ,
               and
               consult
               between
               themselves
               and
               with
               the
               said
               other
               Traytors
               to
               the
               Jurors
               aforesaid
               unknown
               ,
               and
               with
               them
               did
               treat
               of
               taking
               and
               seizing
               the
               Tower
               of
            
             London
             ,
             
               and
               of
               and
               for
               the
               executing
               and
               perfecting
               their
               Treasons
               and
               traiterous
               Compassings
               ,
               Imaginations
               ,
               and
               Purposes
               aforesaid
               .
               And
               that
               they
               the
               said
            
             John
             Rouse
             and
             William
             Blagg
             ,
             
               as
               false
               Traytors
               ,
               maliciously
               ,
               traiterously
               ,
               and
               advisedly
               ,
               then
               and
               there
               ,
               and
               divers
               other
               days
               and
               times
               ,
               as
               well
               before
               as
               after
               ,
               they
               and
               either
               of
               them
               did
               undertake
               ,
               and
               to
               the
               said
               other
               Traytors
               did
               promise
               for
               themselves
               to
               be
               aiding
               and
               assisting
               in
               the
               Execution
               of
               the
               Treasons
               and
               traiterous
               Compassings
               ,
               Imaginations
               ,
               and
               Purposes
               aforesaid
               ,
               and
               in
               providing
               Arms
               and
               armed
               men
               to
               fulfil
               and
               perfect
               the
               said
               Treasons
               and
               traiterous
               Compassings
               ,
               Imaginations
               ,
               and
               Purposes
               aforesaid
               .
               And
               the
               said
               most
               wicked
               Treasons
               and
               traiterous
               Compassings
               ,
               Imaginations
               ,
               and
               Purposes
               aforesaid
               to
               fulfil
               and
               bring
               to
               pass
               ,
               they
               the
               said
            
             John
             Rouse
             and
             William
             Blagg
             ,
             
               as
               false
               Traytors
               ,
               maliciously
               ,
               traiterously
               ,
               and
               advisedly
               ,
               then
               and
               there
               did
               procure
               and
               prepare
               Arms
               ,
               to
               wit
               ,
               Blunderbusses
               ,
               Carbines
               ,
               and
               Pistols
               ;
               against
               the
               Duty
               of
               their
               Allegiance
               ,
               against
               the
               Peace
               of
               our
               Soveraign
               Lord
               the
               King
               ,
               his
               Crown
               and
               Dignity
               ,
               and
               against
               the
               form
               of
               the
               Statutes
               in
               that
               case
               made
               and
               provided
               ,
            
             &c.
             
          
           
             
               Cl.
               of
               Cr.
               
            
             
               What
               sayest
               thou
               ,
               
                 John
                 Rouse
              
               ,
               art
               thou
               guilty
               of
               this
               High-Treason
               whereof
               thou
               standest
               indicted
               ,
               or
               not
               guilty
               ?
            
          
           
             
               Rouse
               .
            
             
               Not
               guilty
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               Culprit
               ,
               how
               wilt
               thou
               be
               tried
               ?
            
          
           
             
               Rouse
               .
            
             
               By
               God
               and
               my
               Country
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               God
               send
               thee
               a
               good
               deliverance
               .
               What
               sayest
               thou
               ,
               
                 William
                 Blagg
              
               ,
               art
               thou
               guilty
               of
               this
               High-Treason
               whereof
               thou
               standest
               indicted
               ,
               or
               not
               guilty
               ?
            
          
           
             
               Capt.
               Blagg
               .
            
             
               Not
               guilty
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               Culprit
               ,
               how
               wilt
               thou
               be
               tryed
               ?
            
          
           
             
               Capt.
               Blagg
               .
            
             
               By
               God
               and
               my
               Country
               .
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               God
               send
               thee
               a
               good
               deliverance
               .
            
          
           
             Friday
             July
             13
             ,
             
               in
               the
               afternoon
               ,
               the
               Court
               being
               met
               ,
               and
               Proclamation
               made
               ,
            
          
           
             
               Cl.
               of
               Cr.
               
            
             
               Set
               
                 John
                 Rouse
              
               and
               
                 William
                 Blagg
              
               to
               the
               Bar.
               You
               the
               Prisoners
               at
               the
               Bar
               ,
               these
               good
               men
               that
               you
               hear
               called
               ,
               are
               to
               pass
               between
               our
               Soveraign
               Lord
               the
               King
               upon
               tryal
               of
               your
               several
               lives
               and
               deaths
               ;
               if
               you
               will
               challenge
               them
               or
               any
               of
               them
               ,
               your
               time
               is
               as
               they
               come
               to
               the
               Book
               to
               be
               sworn
               ,
               before
               they
               are
               sworn
               .
               
                 Nicholas
                 Charlton
              
               .
            
          
           
             
               Capt.
               Blagg
               .
            
             
               I
               hope
               I
               shall
               onely
               speak
               for
               my self
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Yes
               ,
               you
               shall
               be
               heard
               .
            
          
           
             
             
               Rouse
               .
            
             
               My
               Lord
               ,
               I
               have
               had
               no
               liberty
               so
               much
               as
               sending
               for
               my
               Wife
               .
               Monday
               Morning
               they
               gave
               me
               notice
               of
               Tryal
               ,
               but
               I
               have
               had
               no
               advantage
               of
               that
               notice
               ;
               I
               presumed
               it
               is
               meant
               we
               should
               have
               the
               liberty
               of
               Subjects
               ,
               but
               though
               notice
               was
               then
               given
               ,
               yet
               I
               had
               not
               the
               liberty
               of
               sending
               for
               any
               body
               till
               Wednesday
               .
               It
               was
               8
               or
               9
               of
               the
               Clock
               on
               Wednesday
               night
               that
               one
               came
               and
               told
               me
               ,
               I
               should
               have
               no
               liberty
               of
               Counsell
               unless
               I
               had
               it
               from
               the
               Court
               ;
               and
               yesterday
               morning
               I
               found
               that
               Captain
               Blage
               and
               I
               were
               joyned
               in
               one
               Indictment
               ,
               which
               alters
               the
               case
               with
               submission
               to
               the
               Court.
               What
               time
               I
               have
               had
               for
               Tryal
               has
               been
               so
               short
               ,
               I
               have
               not
               been
               able
               to
               get
               my
               Witnesses
               ready
               .
               I
               desire
               nothing
               but
               as
               an
               English
               man.
               
            
          
           
             
               L.
               C.
               J.
               
            
             
               As
               an
               English-man
               you
               can
               demand
               no
               time
               to
               prepare
               ,
               for
               Tryal
               ,
               for
               those
               that
               will
               commit
               crimes
               they
               must
               be
               ready
               to
               answer
               for
               them
               ,
               and
               defend
               themselves
               .
               'T
               is
               Matter
               of
               Fact
               you
               are
               charged
               with
               ,
               you
               knew
               long
               agoe
               what
               you
               were
               to
               be
               Tryed
               for
               ,
               for
               you
               were
               taken
               up
               and
               charged
               with
               High
               Treason
               .
               You
               might
               then
               reasonably
               consider
               what
               kind
               of
               Evidence
               would
               be
               against
               you
               ;
               if
               you
               be
               an
               innocent
               person
               you
               may
               defend
               your self
               without
               question
               .
               But
               if
               you
               have
               done
               an
               ill
               thing
               ,
               the
               Law
               does
               not
               design
               to
               give
               you
               time
               to
               shelter
               your self
               under
               any
               subterfuge
               ,
               or
               make
               any
               excuse
               ,
               or
               to
               prepare
               any
               Witnesses
               to
               testify
               an
               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
               40000
               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
               81.
               
               How
               he
               said
               the
               King
               had
               forfeited
               his
               Crown
               and
               had
               no
               right
               to
               it
               ,
               but
               the
               Parliament
               gave
               him
               his
               Authority
               and
               might
               take
               it
               away
               .
               All
               these
               discourses
               they
               savour
               of
               a
               very
               wicked
               Spirit
               as
               can
               be
               in
               the
               whole
               World.
               I
               must
               leave
               it
               to
               you
               whether
               you
               believe
               him
               Guilty
               .
            
          
           
             
               The
               Jury
               presently
               gave
               their
               Verdict
               that
               he
               was
               Guilty
               .
            
          
        
         
           
           
             William
             Blague
             
               having
               been
               Arraigned
               on
            
             Thursday
             ,
             July
             12
             
               th
               pleaded
               Not
               Guilty
               and
               put
               himself
               upon
               his
               Countrey
               ,
               was
               brought
               to
               the
               Bar
               again
            
             Friday
             ,
             July
             13
             
               th
               .
               he
               made
               no
               Challenges
               ,
               and
               the
               former
               Jury
               was
               Sworn
               .
            
          
           
             
               The
               JURY
               .
            
             
               
                 Robert
                 Beddingfield
              
               .
            
             
               
                 John
                 Pelling
              
               .
            
             
               
                 William
                 Winbury
              
               .
            
             
               
                 Theophilus
                 Man.
              
               
            
             
               
                 John
                 Short
              
               ,
               the
               Elder
               .
            
             
               
                 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
               40000
               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
               40000
               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
               16
               or
               17
               years
               before
               ,
               for
               Mr.
               Rouse
               made
               a
               Voyage
               to
               Virginia
               with
               me
               about
               20
               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
               4
               Blunderbusses
               ,
               2
               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
               40000
               l.
               and
               he
               said
               that
               would
               be
               quickly
               gone
               .
               I
               inquired
               of
               Mr.
               Goodenough
               again
               ,
               and
               Mr.
               Goodenough
               told
               me
               there
               was
               more
               Money
               in
               Holland
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               What
               Money
               was
               he
               to
               have
               ?
            
          
           
             
               Mr.
               Lee.
               
            
             
               Two
               hundred
               men
               .
               —
               The
               Captain
               says
               I
               named
               him
               before
               the
               King
               and
               Council
               ,
               to
               be
               at
               a
               Meeting
               at
               the
               Green-Dragon
               Tavern
               .
               It
               is
               true
               I
               did
               acquaint
               the
               King
               and
               Council
               ,
               that
               Mr.
               Rouse
               had
               Business
               at
               the
               Green-Dragon
               Tavern
               .
               But
               this
               was
               at
               the
               time
               of
               my
               absconding
               ,
               I
               could
               not
               tell
               where
               to
               meet
               him
               again
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               What
               Guns
               did
               he
               say
               he
               had
               provided
               .
            
          
           
             
               Mr.
               Lee.
               
            
             
               If
               it
               please
               your
               Lordship
               he
               said
               he
               had
               Fourteen
               Guns
               in
               the
               Ship
               ,
               and
               would
               make
               them
               up
               Twenty
               four
               :
               He
               would
               undertake
               in
               Twenty
               shot
               to
               dismount
               them
               Guns
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Where
               was
               this
               discourse
               you
               had
               with
               him
               about
               this
               Two
               hundred
               Pound
               .
            
          
           
             
               Mr.
               Lee.
               
            
             
               If
               it
               please
               your
               Lordship
               ,
               it
               was
               at
               several
               times
               ,
               one
               was
               with
               Mr.
               Goodenough
               at
               the
               Kings-head
               at
               the
               corner
               of
               Chancery-Lane
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Look
               you
               Sir
               ,
               by
               the
               Oath
               you
               have
               taken
               did
               he
               undertake
               to
               raise
               men
               ,
               and
               to
               assist
               with
               his
               Ship
               in
               taking
               the
               Tower
               ?
            
          
           
             
               Mr.
               Lee.
               
            
             
               If
               it
               please
               your
               Lordship
               ,
               he
               told
               me
               he
               would
               so
               do
               it
               .
               He
               told
               me
               he
               would
               have
               Twenty
               four
               Guns
               .
            
          
           
             
               Jury
               .
            
             
               Did
               the
               Captain
               tell
               you
               so
               ?
            
          
           
             
               Mr.
               Lee.
               
            
             
               Captain
               Blague
               that
               is
               here
               .
            
          
           
             
               Capt.
               Blague
               .
            
             
               My
               Lord
               ,
               in
               reference
               to
               the
               Two
               hundred
               men
               ,
               this
               is
               the
               thing
               that
               I
               would
               answer
               ,
               I
               could
               not
               stow
               a
               Hundred
               Men
               ,
               Women
               and
               Children
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Two
               hundred
               men
               he
               saies
               for
               this
               Service
               .
            
          
           
             
               Capt.
               Blague
               .
            
             
               Yes
               ,
               my
               Lord
               ,
               I
               mean
               so
               .
               Who
               can
               you
               have
               to
               say
               so
               besides
               your self
               ?
            
          
           
             
               Mr.
               Lee.
               
            
             
               If
               it
               please
               your
               Lordship
               ,
               this
               discourse
               was
               only
               with
               
                 Mr.
                 Rouse
                 ,
                 Mr.
                 Goodenough
              
               ,
               Capt.
               Blague
               and
               I.
               
            
          
           
             
               Capt.
               Blague
               .
            
             
               My
               Lord
               ,
               Mr.
               Lee
               said
               before
               the
               King
               and
               Council
               ,
               that
               he
               was
               never
               along
               with
               me
               but
               once
               ,
               and
               of
               what
               I
               said
               then
               he
               could
               tell
               only
               he
               was
               there
               when
               I
               went
               to
               look
               
                 Mr.
                 Rouse
              
               .
               How
               can
               these
               two
               expressions
               go
               together
               ?
            
          
           
             
               Mr.
               Lee
               ,
            
             
               My
               Lord
               ,
               as
               to
               that
               before
               the
               King
               and
               Council
               ,
               I
               did
               say
               I
               was
               not
               apart
               with
               Captain
               Blague
               ,
               and
               
                 Mr.
                 Goodenough
              
               at
               the
               Kings-head
               Tavern
               ,
               but
               Captain
               Blague
               
               and
               
                 Mr.
                 Goodenough
              
               were
               there
               several
               times
               ,
               and
               they
               were
               apart
               by
               themselves
               ,
               and
               that
               I
               had
               discourse
               with
               Captain
               Blague
               and
               
                 Mr.
                 Goodenough
              
               and
               came
               with
               them
               once
               to
               the
               Kings-head
               Tavern
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               What
               did
               Captain
               Blague
               tell
               you
               of
               what
               discourse
               he
               had
               with
               
                 Mr.
                 Goodenough
              
               ?
            
          
           
             
               Mr.
               Lee.
               
            
             
               Captain
               Blague
               did
               tell
               me
               that
               we
               must
               have
               a
               great
               care
               ,
               or
               else
               we
               should
               be
               all
               ruined
               ,
               and
               that
               his
               Ship
               should
               be
               ready
               ,
               and
               alwaies
               encouraged
               me
               .
               And
               says
               he
               ,
               when
               I
               have
               done
               the
               business
               ,
               I
               have
               been
               a
               Captain
               ashore
               in
               another
               Country
               ,
               I
               have
               been
               in
               Commission
               in
               another
               Country
               ashore
               ,
               and
               can
               tell
               how
               to
               mannage
               Men
               ashore
               as
               well
               as
               aboard
               .
               Another
               thing
               was
               ,
               after
               all
               this
               some
               time
               ,
               when
               I
               understood
               I
               was
               Sworn
               against
               ,
               I
               was
               indeed
               ,
               the
               Captain
               says
               right
               ,
               to
               have
               gone
               with
               him
               a
               Passenger
               ,
               and
               was
               with
               him
               several
               times
               ,
               I
               gave
               him
               a
               report
               how
               the
               Tower
               might
               be
               taken
               by
               Ladders
               and
               Granadoes
               ,
               and
               he
               told
               me
               that
               
               Nelthrop's
               Brother
               came
               to
               see
               him
               ,
               and
               did
               inform
               me
               that
               neither
               
                 Mr.
                 Goodenough
              
               nor
               his
               Brother
               was
               taken
               ,
               and
               that
               the
               Duke
               of
               Monmouth
               was
               in
               the
               Country
               and
               quickly
               would
               come
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Who
               told
               you
               this
               ?
            
          
           
             
               Mr.
               Lee.
               
            
             
               Capt.
               Blague
               .
            
          
           
             
               Mr.
               
                 S.
                 Jefferies
              
               .
            
             
               This
               is
               a
               pretty
               matter
               to
               smirk
               at
               ,
               Captain
               .
            
          
           
             
               Capt.
               Blague
               .
            
             
               I
               will
               assure
               you
               Sir
               ,
               there
               is
               not
               truth
               in
               it
               .
            
          
           
             
               Mr.
               
                 S.
                 Jefferies
              
               .
            
             
               Would
               you
               smile
               the
               Witnesses
               out
               of
               their
               Oaths
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Look
               you
               ,
               Mate
               Lee
               ,
               what
               say
               you
               to
               〈◊〉
               in
               your
               judgment
               and
               your
               thoughts
               was
               the
               discourse
               concerning
               taking
               the
               Tower
               in
               a
               jesting
               way
               ?
            
          
           
             
               Mate
               Lee.
               
            
             
               No
               ,
               an
               't
               shall
               please
               your
               Lordship
               ,
               I
               was
               in
               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
               .
            
             
               14
               ,
               Sr.
               and
               4
               Wooden
               ones
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               What
               are
               they
               ?
            
          
           
             
               Bellinger
               .
            
             
               6
               above
               Deck
               ,
               4
               in
               the
               Hold.
               —
            
          
           
             
               Capt.
               Blage.
               
            
             
               They
               are
               Saker
               Guns
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Saker
               ?
            
          
           
             
               Capt.
               Blage.
               
            
             
               Yes
               Sr.
               —
               
                 Richard
                 Clarke
              
               ,
               What
               Voyage
               had
               we
               ?
            
          
           
             
               Clarke
               .
            
             
               New
               York
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Surely
               it
               doth
               appear
               that
               these
               men
               were
               Shipped
               a
               great
               while
               ago
               .
            
          
           
             
               Capt.
               Blage.
               
            
             
               Some
               of
               them
               have
               had
               a
               dependance
               upon
               me
               a
               great
               while
               ,
               one
               hath
               depended
               upon
               me
               I
               believe
               Seven
               Months
               .
            
          
           
             
               L.
               C.
               J.
               
            
             
               Have
               you
               any
               thing
               more
               to
               say
               ?
            
          
           
             
               Capt.
               Blage.
               
            
             
               No
               ,
               my
               Lord.
               
            
          
           
             
               L.
               C.
               J.
               
            
             
               Look
               you
               ,
               Gentlemen
               ,
               you
               that
               are
               of
               this
               Jury
               ,
               this
               Gentleman
               is
               indicted
               for
               conspiring
               the
               Death
               of
               the
               King
               ,
               and
               doing
               some
               Acts
               in
               order
               to
               it
               ,
               that
               is
               ,
               endeavouring
               to
               surprize
               the
               Tower
               ,
               and
               raising
               of
               men
               ,
               and
               preparing
               of
               Shipping
               and
               Guns
               ,
               and
               this
               on
               purpose
               to
               surprize
               the
               Tower.
               That
               there
               was
               an
               evil
               Design
               ,
               a
               very
               wicked
               notorious
               Design
               of
               Siezing
               the
               Kings
               person
               ,
               and
               killing
               the
               King
               ,
               that
               is
               most
               certain
               ,
               you
               have
               heard
               it
               by
               a
               great
               many
               witnesses
               ,
               and
               it
               is
               a
               thing
               I
               think
               not
               to
               be
               doubted
               of
               by
               any
               .
               The
               question
               is
               ,
               Whether
               this
               man
               be
               guilty
               of
               it
               ,
               and
               hath
               undertaken
               any
               thing
               in
               relation
               to
               it
               .
               Look
               you
               ,
               you
               ought
               to
               have
               in
               such
               cases
               of
               high
               Treason
               ,
               as
               you
               have
               been
               told
               ,
               you
               ought
               to
               have
               two
               Witnesses
               against
               a
               person
               .
               Here
               is
               two
               Witnesses
               produced
               ,
               one
               of
               them
               does
               speak
               very
               shrewdly
               to
               the
               case
               ,
               and
               tells
               you
               he
               had
               it
               from
               this
               person
               himself
               ,
               that
               he
               had
               spoken
               with
               Goodenough
               about
               this
               matter
               ,
               about
               surprizing
               the
               Tower
               ,
               and
               that
               he
               told
               him
               it
               was
               an
               easie
               thing
               to
               surprize
               the
               Tower
               ,
               and
               that
               he
               could
               do
               it
               ,
               that
               he
               had
               a
               Ship
               ready
               ,
               and
               he
               would
               undertake
               that
               200
               men
               should
               be
               ready
               ,
               with
               Morter-Pieces
               from
               
               Southwark-side
               to
               throw
               them
               and
               beat
               down
               the
               Tower
               ,
               so
               that
               it
               might
               have
               presently
               been
               down
               .
               First
               ,
               Mr.
               Lee
               doth
               say
               ,
               that
               the
               Captain
               there
               at
               the
               Bar
               ,
               that
               he
               was
               oftentimes
               with
               Mr.
               Goodenough
               ,
               and
               Mr.
               Rouse
               ,
               and
               others
               ,
               who
               it
               is
               plain
               were
               in
               that
               Design
               ,
               both
               Rouse
               and
               Goodenough
               was
               ,
               and
               that
               he
               heard
               Goodenough
               say
               that
               the
               Captain
               had
               undertaken
               it
               ,
               and
               he
               says
               that
               the
               Captain
               had
               Discourse
               with
               Goodenough
               about
               it
               .
               He
               says
               ,
               the
               Captain
               asked
               him
               in
               order
               to
               this
               ,
               what
               money
               could
               be
               raised
               ,
               and
               he
               told
               him
               there
               was
               40000.1
               .
               and
               the
               Captain
               told
               him
               that
               was
               but
               a
               small
               matter
               ,
               the
               Seamen
               would
               eat
               up
               that
               ;
               and
               Goodenough
               told
               him
               there
               was
               a
               greater
               Bank
               in
               Holland
               ,
               that
               would
               be
               brought
               over
               .
               So
               that
               this
               Evidence
               goes
               a
               great
               way
               .
               But
               then
               ,
               Gentlemen
               ,
               you
               must
               consider
               whether
               you
               have
               another
               Evidence
               or
               not
               .
               There
               is
               a
               person
               that
               you
               call
               Mate
               ,
               the
               Mate
               doth
               give
               a
               dark
               kind
               of
               an
               Evidence
               ,
               he
               does
               say
               here
               that
               he
               and
               the
               Captain
               had
               discourse
               about
               the
               way
               of
               taking
               the
               Tower
               ,
               and
               he
               believes
               it
               was
               in
               order
               to
               take
               the
               Tower
               ,
               but
               he
               does
               say
               when
               he
               heard
               it
               no
               Body
               was
               present
               but
               himself
               ,
               and
               he
               was
               of
               one
               opinion
               how
               the
               Tower
               might
               be
               taken
               ,
               that
               is
               ,
               by
               scaling
               Ladders
               and
               hand
               Granadoes
               ,
               and
               that
               the
               Captain
               was
               of
               another
               opinion
               ,
               whether
               it
               might
               not
               be
               better
               taken
               by
               Morter-Pieces
               thrown
               from
               
               Southwark-side
               ,
               but
               whether
               the
               Captain
               had
               any
               notice
               of
               this
               design
               of
               taking
               it
               ,
               he
               cannot
               tell
               ,
               or
               whether
               he
               had
               any
               acquaintance
               concerning
               it
               .
               So
               that
               his
               Evidence
               does
               seem
               to
               be
               somewhat
               dark
               .
               Whether
               this
               were
               sportive
               ,
               or
               a
               trial
               of
               their
               skill
               ,
               or
               whether
               it
               was
               a
               design
               to
               have
               Counsel
               and
               Advice
               one
               of
               another
               ,
               which
               way
               to
               take
               it
               ,
               I
               must
               leave
               it
               to
               you
               ,
               whether
               it
               was
               done
               with
               an
               intent
               and
               design
               ,
               for
               to
               find
               out
               the
               best
               way
               in
               order
               to
               the
               taking
               of
               it
               .
               But
               if
               it
               were
               only
               a
               Discourse
               at
               large
               between
               them
               ,
               an
               endeavour
               to
               try
               their
               Judgments
               one
               with
               another
               ,
               and
               speaking
               their
               minds
               one
               with
               another
               in
               that
               case
               ,
               then
               this
               evidence
               doth
               not
               come
               home
               to
               make
               him
               guilty
               of
               the
               Plot
               of
               taking
               the
               Tower
               or
               taking
               away
               the
               Kings
               life
               .
               He
               tells
               you
               he
               did
               speak
               of
               a
               Ball
               to
               be
               thrown
               up
               ,
               but
               whether
               he
               ever
               heard
               of
               the
               other
               design
               that
               Lee
               speaks
               of
               the
               first
               
                 Lee
                 ,
                 Thomas
                 Lee
              
               ,
               
               of
               throwing
               up
               a
               Ball
               by
               Seamen
               in
               order
               to
               the
               taking
               of
               the
               Tower
               ,
               he
               knows
               not
               .
               Lee
               says
               ,
               the
               first
               Witness
               ,
               he
               does
               not
               know
               any
               thing
               whether
               this
               man
               at
               the
               Barr
               was
               ever
               acquainted
               with
               the
               Ball
               or
               not
               .
               If
               upon
               what
               you
               have
               heard
               you
               believe
               that
               there
               are
               two
               Witnesses
               to
               prove
               this
               Gentleman
               at
               the
               Barr
               Guilty
               of
               this
               Design
               ,
               of
               Surprizing
               the
               Tower
               ,
               and
               Killing
               the
               King
               ,
               and
               taking
               the
               Tower
               in
               order
               to
               it
               in
               this
               manner
               ;
               then
               you
               ought
               to
               find
               him
               Guilty
               :
               but
               if
               you
               have
               not
               two
               Witnesses
               that
               do
               testifie
               the
               thing
               ,
               then
               Gentlemen
               ,
               under
               two
               Witnesses
               a
               man
               cannot
               be
               Guilty
               .
            
          
           
             
               After
               which
               the
               Jury
               withdrawing
               to
               consider
               of
               their
               Verdict
               ,
               in
               a
               short
               time
               returned
               ,
               and
               brought
               him
               Not
               Guilty
               .
            
          
        
         
           
             Saturday
             14
             th
             .
             July
             ,
             
               My
               Lord
            
             Russel
             
               was
               brought
               to
               the
               Barr.
            
             
          
           
             
               Cl.
               of
               Cr.
               
            
             
               VV
               
                 Illiam
                 Russel
              
               
                 Esq
              
               hold
               up
               thy
               Hand
               (
               which
               he
               did
               )
               Thou
               hast
               been
               indicted
               for
               High
               Treason
               against
               our
               Soveraign
               Lord
               the
               King
               ,
               and
               thereupon
               hast
               pleaded
               Not
               Guilty
               ,
               and
               for
               they
               Tryal
               hast
               put
               thy self
               upon
               the
               Country
               ,
               which
               Country
               has
               found
               thee
               Guilty
               .
               What
               canst
               thou
               say
               for
               thy self
               why
               Judgment
               of
               Death
               should
               not
               pass
               upon
               thee
               according
               to
               the
               Law
               ?
            
          
           
             
               L.
               Russel
               .
            
             
               Mr.
               Recorder
               ,
               I
               should
               be
               very
               glad
               to
               hear
               the
               Indictment
               read
               .
            
          
           
             
               Mr.
               Att.
               Gen.
               
            
             
               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
               25
               E.
               3.
               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
           .