An exact account of the procedings [sic] at the Old-Bayly this July the 13, 1683 with a true survey of the tryal of the Lord Russel, John Rouse, William Hone joyner, Capt. William Blage who were indicted for high treason in conspiring the Kings death, and raising arms to subvert the goverment [sic] and alter the religeion [sic], and conpsreing [sic] the death of his royal brother James Duke of York : the Lord Ruslel [sic], John Rouse, William Hone, and one Captain Thomas Walcot, being all 4 condem'd to be hang'd, drawn and quarter'd. Russell, William, Lord, 1639-1683. 1683 Approx. 11 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A38860 Wing E3579 ESTC R31462 11995720 ocm 11995720 52103 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. 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Russell, William, Lord, 1639-1683. 4 p. Printed by E. Mallet, London : 1683. Caption title. Attributed to Russell by NUC pre-1956 imprints. Imprint from colophon. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trials (Treason) -- England. Treason. Great Britain -- History -- Charles II, 1660-1685. 2004-05 TCP Assigned for keying and markup 2004-05 Apex CoVantage Keyed and coded from ProQuest page images 2004-06 Jonathan Blaney Sampled and proofread 2004-06 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion An Exact Account of the PROCEDINGS AT THE OLD-BAYLY this Iuly the 13 , 1683 with a true survey of the TRYAL OF THE Lord Russel William Hone Ioyner Iohn Rouse Capt. William Blage Who were Indicted for High Treason in Conspiring the , Kings death , and raising Arms to Subvert the Goverment and alter the Religeion , and conpsreing the death of his Royall Brother Iames Duke of Yorke . The Lord Ruslel , Iohn , Rouse , William Hone , and one Captain Thomas Walcot , being all 4 Condem'd to be Hang'd Drawn and Quarter'd . William Hone , who was yesterday Arraigned being set to the Bar , & the Indictment read , desired that the Plea which he tendred yesterday might be accepted , which was that he was guilty of conspireing the death of the King , but not guilty of providing Arms , or a designe of raising a Rebellion ; Sr. George Gefferyes said the confession was not directly to the Indictment ; therefore they would proceed to give their Evidence , he pleading not guilty as to the whole Indictment , the Jury was then sworn , being the same that passed the day before , Between the King and Capt. Walcot , Mr. West was first Sworn , who Witnessed that the 2d . of March 25 , Caroli Secondi , at the Parish of St. Michael Bishshaw in the Ward of Bishshaw in the City of London , with Rumbold Burton , Ferguson , Holliway , Roe , Francis Goodenough , and Richard Goodenough , and other false Traytors , he Conspier'd the Death of the King , and the Duke of York , to Subvert the Government , and alter the Religion both in Church and State , and the Prisoner was one of the persons to be Employed in that wicked Act. Then Leiling was Sworn , who witnessed that he was several times with the Prisoner and several others ; who Consulted the Death of the Black-Bird , and the Gold-Finch , meaning the King and the Duke of York . Ho●e acknowledged that he Consulted the Death of the 〈◊〉 - Bird , 〈◊〉 not of the Gold-Finch . But what Mr. VVest witnessed concerning his design of Shooting the King with a Cross-Bow , out of Bow-Ste●●le on the Lord Mayors Day , he denyed . He then asked Mr. 〈◊〉 what he thought of him , who said he took him to be a very honest man , for which Expression he was severely checkt . Sir Nicholas Butler witnessed that Hone Confessed to him , that there was a design to Shoot the King with a Cross-Bow out of Bow-Steeple and that H●ne was one of them ; Captain Richardson being Sworn , witnessed that Hone Confessed he was hir'd by Goodenough , with the promise or Twenty Pounds Reward to kill the King , and that he was to have shot him with a Cross-Bow . Hone Confessed that he was drawn in by Goodenough to kill the King. But as to the shooting him with a Cross-Bow , he said he was not concern'd in it ; but was only told that there was such a design by some Trades-men that lived near B●● Ste●●le , then the Iury without going from the Bar brought him in Gu●●●y . Then the Lord Russell was brought in his Coach into the yard , being attended by the Livetenant of the Tower. Being brought into Court before the Bar , the Indictment was read , that with Iames Duke of Monmouth , Ford Lord Grey , Sr. Thomas Armstrong , and Robert Ferguson , conspired the death of the King , the Raising Arms to Subvert the Goverment , to alter the Religeon &c. He pleaded not guilty , and desired that the Tryal may be put of for a longer time , but being told that the Kings Councel insisted on it now , the Court could not put it it off . He then desired a coppy of the Pannel of the Iury ' which was told him was matter of favour but such as was never denyed , and that it was alwayes ready for him . And being duly Examined , it appeared that he had a List of all the Iuries that were returned five or six dayes since . Then they proceeded to call the Iury to be Sworn . Iohn Martin , being called ' The Lord Russell , asked him if he had any Free-Hold in London , he answered no. Then he Challenged him , for that cause , and desired that Council might be allowed him , which was grantd ; ( Viz. ) Mr. Pollexfen ' Mr. Holt , and Mr. Ward ' who appearing : Argued very Streamously , that the Statutes concerning Tryalls in London , by such as are not Free-Holders extended not to crimin all causes , but in only Civill . But it was answered by the Attorney Generall , and Sr. George Gefferys , and Answered by the whole Court , that Satutes extend to both cases , and it was lately so resolved in the case of Worcester . Then the Iury was Sworn he Challenging Thirty two . Mr. Roger North opened the Indictment Sr. Georg Geffery casting the Evidence Collonal Rumsey was Sworn , witnessed that my Lord Shaftsbury told him , that the Lord Russel and several others were met in Consult about an Insurrection ; and that he should go to them to know what Readiness they were in for it , who returned Answer , that they were not yet ready , being failed of their Expectations in the West-County , ( Viz. ) at Taunton , therefore they defer'd it untill the 17th . of November , Queen Elizabeths Birth Day . Then the Lord Russel asked if he spoke any thing , or conscented to the Answer , and Collonal Rumsey said yes . Mr. Shepherd Sworn , witnessed that he being a Vintner Ferguson came to his house , and told him that the Duke of Monmouth , and the Lord Russel were coming to his House , which in a short time they did , privately in Hackney Coaches , and being come , desired to be very private , and that none be permitted to come into the Room , all the Servants being sent away , he himself waited on them . And that he heard them consulting about an Insurrection , and to be the best of remembrance , there was a discourse of seizing the Guards . The Lord Howard of Escreek then was Sworn , who made a very large Speech , as to the Plot , or Conspiering in the General , that the Lord Shafesbury contrived it , and sent Rumsey to the Lord Russel , and several others , to know what readdiness they were in , for an information , and what Resolution they come to , relateing to Taunton that their answer was , they were failed in the West , and that they had always told him they could not be ready at that time , but defer'd it untill the ●7th of November , on which the Lord Shaftsbury grew very impatient , and told them he had ten thousand brave boys ready at any time for his service . But afterwards the Lord Russell , was afraid there was a discovery by reason of the Proclamation and Forbiding Bou●ires . That some time after that the Lord Shaftsbury , went to Holland Duke of Monmo●th , Hamden Sidney , Essex . Robert Ferguson , Lord Russel , and he himself Sat as a chosen Council , to manage the insurrection design'd and that there was a Paper contriv'd as a Declaration for liberty , reckoning up all grievences pretended we then lay under , but they thought fit to stay till they could see what intrest they could make in Scotland , and to that purpose Engaged Sr. Hugh Cambden , Lord Mervin , Sr. Ithn Cockrom , and others , one of them ( Viz. ) Sr. Iohn Camden came to Town , about the time of this discovery , and then conceal'd himself , and is now taken . Sidney was sent by this Council to View the Guards , in what a Posture they were in ; who acquainted them them that they were very easily attain'd . That they had mony ready to carry on their design , but expected more from Holland . The Lord Russel confessed his being at the Consult , when the Message was sent to the Lord Shaftsbury , but come in late . He was at Shephards Tavern only to taste his Wines , and was several times in the Company , which they called the Council , only for the sake of the Lord Howards good Company , but knew of no Treasonable Consults . He then called the Earle of Anglesey ' and Mr. Howard and Dr. Burnet who wittnessed that the Lord Howard Severall times after 〈◊〉 Discovery of this plot , and before his being taken denyed any knowledg of this conspiracy . Dr. Tillotson & several others Wittness●d that they alwayes took the Lord Russell for a man of a very good life and conversation . Then the evidence being sum'd up by the Soliceter Generall , and Sr. George Geffereys and the Lord Chief Iustice Pemberton the Iurey withdrew , and the Court Adjorned . After Dinner the Court Sitting , the Iury brought in their Virdict Guilty . Iohn Rouse was then set to the Bar and a new Jury sworn Lee witnessed that he had serveral times been with the prisoner who said popery and slavery were coming in , and it was no sin to kill the King and the Duke and that they would propose the runing , for a golden ball on black heath and when they were mert they would assault the Tower and take it . Mr. Lee swear that Rouse had severall times contrived the the death of the King and to raise an armie and he to be pay master of it . All which Rouse denyed and sayed that Lee proposed such things to him but he refused it Corbin witnessed that in 1681. Rouse told him the King had forfuted his Crown . Mr. William Richardson , Swore that when he went to take Rouse he diso●●●● his Name , and said his Name was Iohnson . The Evidence being sumd up 〈◊〉 Iury without going out of Court foud him Guilty Capt. Bluge set to the Bar , and the same Iury Sworne . Lee Swore that he Conspier'd then to kill the King , raise Armies , and Seize the Tower. Lee Swore that being in his Company , they discoursed the Tower may be taken , but whether it was only to shew his Opinion barely , or design he knew not , therefore the Lord Chief Justice Pemberton left it to the Iury , to consider if they had two Evidences for High Treason , they consulted a small time , and brought him in not Guilty . So the Court Adjourned . LONDON Printed by F. Mallet . 1683