[The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...]
         Hampden, John, 1656?-1696.
      
       
         
           1685
        
      
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         A63179
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         58199
         
           
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             [The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...]
             Hampden, John, 1656?-1696.
             England and Wales. Court of King's Bench.
          
           56 p.
           
             Printed by E. Mallet, for D. Mallet,
             [London :
             1685]
          
           
             Reproduction of original in University of Michigan Libraries.
             Imperfect: lacks t.p. in filmed copy. Information supplied by BM.
          
        
      
    
     
       
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         eng
      
       
         
           Charles -- II, -- King of England, 1630-1685.
           Hampden, John, 1656?-1696 -- Trials, litigation, etc.
           Trials (Treason) -- England.
           Rye House Plot, 1683.
        
      
    
     
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           THE
           TRYAL
           OF
           John
           Hambden
           ,
           
             Esq
          
        
         
           The
           28
           th
           day
           of
           November
           ,
           1683.
           
           Ann.
           35.
           
           Car.
           2.
           
           Reg.
           
             John
             Hambden
          
           
             Esq
          
           being
           brought
           up
           by
           Writ
           of
           
             Habeas
             Corpus
          
           ,
           from
           the
           Tower
           of
           London
           ,
           and
           there
           being
           an
           Indictment
           preferred
           against
           him
           for
           Misdemeanor
           ,
           His
           Majesties
           Attorney
           General
           ,
           prayed
           that
           he
           might
           be
           A●●igned
           upon
           it
           ,
           which
           was
           done
           in
           this
           manner
           .
        
         
           
             Cl.
             of
             Cr.
             
          
           
             JOhn
             Hambden
             ,
             
               You
               stand
               here
               Indicted
               by
               the
               Name
               of
            
             John
             Hambden
             ,
             
               late
               of
               the
               Parish
               of
               St.
            
             Giles
             
               in
               the
               Fields
               ,
               in
               the
               County
               of
            
             Middlesex
             ,
             
               Gent.
               For
               that
               you
               being
               a
               Pernitious
               and
               Seditious
               Man
               ,
               and
               a
               Person
               of
               a
               Wicked
               mind
               ,
               and
               of
               an
               impious
               ,
               unquiet
               ,
               and
               turbulent
               Disposition
               ,
               and
               contriving
               ,
               practising
               ,
               and
               falsly
               ,
               unlawfully
               ,
               unjustly
               ,
               maliciously
               ,
               turbulently
               ,
               and
               seditiously
               intending
               the
               Peace
               of
               our
               Soveraign
               Lord
               King
            
             Charles
             
               that
               now
               is
               ,
               and
               the
               common
               Tranquility
               of
               this
               Kingdom
               of
            
             England
             ,
             
               to
               disquiet
               ,
               molest
               ,
               and
               disturb
               ,
               and
               as
               much
               as
               in
               you
               lay
               ,
               Sedition
               within
               this
               Kingdom
               of
            
             England
             ,
             
               to
               incite
               ,
               stir
               up
               ,
               and
               procure
               ,
               and
               the
               Government
               of
               our
               said
               Lord
               the
               King
               in
               this
               Kingdom
               of
            
             England
             
               into
               danger
               to
               bring
               ,
               And
               that
               you
               the
               said
            
             John
             Hambden
             ,
             
               your
               most
               Impious
               ,
               Wicked
               ,
               and
               Seditious
               Intentions
               aforesaid
               ,
               to
               fulfil
               and
               perfect
               ,
               and
               bring
               to
               effect
               the
               last
               day
               of
            
             June
             ,
             
               in
               the
               Five
               and
               Thirtieth
               year
               of
               the
               Reign
               of
               our
               said
               Soveraign
               Lord
               the
               King
               that
               now
               is
               ;
               and
               divers
               other
               days
               and
               times
               as
               well
               before
               as
               after
               ,
               with
               Force
               and
               Arms
               ,
            
             &c.
             
             
               At
               the
               Parish
               of
               St.
            
             Giles
             
               in
               the
               Fields
               ,
               in
               the
               County
               of
            
             Middlesex
             ,
             
               unlawfully
               ,
               unjustly
               ,
               maliciously
               ,
               and
               seditiously
               did
               assemble
               your self
               ,
               meet
               ,
               consult
               ,
               conspire
               ,
               and
               confederate
               with
               divers
               evil
               disposed
               Subjects
               of
               our
               said
               Lord
               the
               King
               to
               the
               Jurors
               unknown
               ,
               and
               with
               the
               said
               Persons
               did
               treat
               concerning
               your
               said
               most
               Wicked
               and
               Seditious
               Compassings
               ,
               Imaginations
               and
               Purposes
               aforesaid
               ,
               to
               be
               executed
               ,
               fulfill'd
               ,
               and
               brought
               to
               effect
               ;
               and
               further
               that
               you
               the
               said
            
             John
             Hambden
             
               your
               most
               Wicked
               ,
               Impious
               ,
               and
               Seditious
               Contrivances
               ,
               Practices
               and
               Intentions
               aforesaid
               ,
               to
               fulfil
               ,
               perfect
               ,
               and
               reduce
               to
               effect
               ,
               then
               ,
               and
               there
               ,
            
             viz.
             
               the
               last
               day
               of
            
             June
             
               in
               the
            
             35th
             .
             
               year
               aforesaid
               ,
               and
               divers
               other
               days
               and
               times
               ,
               as
               well
               before
               as
               after
               ,
               at
               the
               Parish
               aforesaid
               ,
               in
               the
               County
               aforesaid
               ,
               with
               Force
               and
               Arms
               ,
            
             &c.
             
               falsly
               ,
               unlawfully
               ,
               unjustly
               ,
               maliciously
               ,
               and
               seditiously
               did
               consult
               ,
               consent
               ,
               censpire
               and
               confederate
               of
               an
               Insurrection
               within
               this
               Kingdom
               of
            
             England
             
               to
               be
               made
               ,
               and
               of
               procuring
               and
               providing
               Arms
               and
               Armed
               Men
               to
               be
               prepared
               in
               divers
               places
               within
               this
               Kingdom
               of
            
             England
             
               your
               same
               most
               Wicked
               ,
               Impious
               ,
               and
               Seditious
               Intentions
               and
               Compassings
               aforesaid
               ,
               to
               fulfil
               and
               perfect
               :
               And
               that
               you
               the
               said
            
             John
             Hambden
             ,
             
               your
               most
               Wicked
               ,
               Impious
               ,
               and
               Seditious
               Intentions
               aforesaid
               ,
               to
               fulfil
               and
               perfect
               ,
               and
               bring
               to
               effect
               afterwards
               ,
            
             viz.
             
               the
               last
               day
               of
            
             June
             ,
             
               in
               the
            
             35th
             
               year
               aforesaid
               ,
               at
               the
               Parish
               aforesaid
               ,
               in
               the
               County
               aforesaid
               ,
               with
               Force
               and
               Arms
               ,
            
             &c.
             
               falsly
               ,
               unlawfully
               ,
               unjustly
               ,
               wickedly
               ,
               maliciously
               ,
               and
               seditiously
               did
               consult
               ,
               agree
               ,
               and
               consent
               that
               a
               certain
               Person
               to
               the
               Jurors
               aforesaid
               unknown
               ,
               should
               be
               sent
               into
            
             Scotland
             
               to
               invite
               and
               incite
               divers
               evil
               disposed
               Subjects
               of
               our
               said
               Lord
               the
               King
               ,
               of
               his
               Kingdom
               of
            
             Scotland
             ,
             
               to
               come
               into
               this
               Kingdom
               of
            
             England
             
               to
               advise
               and
               consult
               with
               you
               the
               said
            
             John
             Hambden
             ,
             
               and
               others
               the
               aforesaid
               evil
               disposed
               Subjects
               of
               our
               said
               Lord
               the
               King
               in
               this
               Kingdom
               of
            
             England
             ,
             
               concerning
               Aid
               and
               Assistance
               to
               be
               expected
               and
               supplyed
               out
               of
               the
               said
               Kingdom
               of
            
             
             Scotland
             ,
             
               your
               said
               most
               Wicked
               ,
               Impious
               ,
               and
               Seditious
               Intentions
               and
               Compassings
               aforesaid
               ,
               to
               fulfil
               ,
               effect
               ,
               and
               promote
               in
               manifest
               contempt
               of
               the
               Laws
               of
               this
               Kingdom
               of
            
             England
             ,
             
               to
               the
               evil
               and
               most
               pernicious
               Example
               of
               all
               others
               in
               the
               like
               case
               offending
               ,
               and
               against
               the
               Peace
               of
               our
               said
               Soveraign
               Lord
               the
               King
               ,
               his
               Crown
               and
               Dignity
               .
            
          
           
             How
             sayst
             thou
             ,
             art
             thou
             Guilty
             of
             this
             High
             Misdemeanour
             whereof
             thou
             standest
             Indicted
             ,
             and
             hast
             been
             now
             Arraigned
             ,
             or
             not
             Guilty
             ?
          
        
         
           
             Mr.
             Hambden
             .
          
           
             Not
             Guilty
             .
          
        
         
           Upon
           which
           Plea
           issue
           was
           joyned
           between
           His
           Majesties
           Attorney
           General
           ,
           on
           behalf
           of
           the
           King
           and
           Defendant
           ,
           and
           Bail
           was
           then
           taken
           for
           the
           Defendants
           appearance
           the
           next
           Term.
           
        
         
           
             Hillary
             Term
             35
             ,
             and
             
               36.
               
               Car.
            
             Secundi
             Reg.
             In
             the
             beginning
             of
             the
             Term
             ,
             Sir
             
               Thomas
               Jenner
            
             ,
             Knight
             ,
             His
             Majesties
             Serjeant
             at
             Law
             ,
             and
             Recorder
             of
             the
             City
             of
             London
             ,
             Moved
             for
             a
             Tryal
             at
             the
             Bar
             ,
             in
             the
             Case
             between
             the
             King
             and
             Mr.
             Hambden
             ,
             which
             was
             by
             the
             Court
             appointed
             to
             be
             on
             Wednesday
             the
             6th
             of
             February
             in
             the
             same
             Term.
             
          
           
             
               Die
               Mercurii
               6.
            
             
             Februarii
             ,
             
               1683.
               
               Anno
               Regni
               Reg.
            
             Car.
             
               Secundi
               .
               36.
            
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Call
             the
             Defendant
             
               John
               Hambden
            
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             He
             appears
             .
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             
               Gardez
               votrez
               Challenges
            
             .
             Call
             Sir
             
               Charles
               Gerard.
            
             
          
        
         
           
             Cryer
             .
          
           
             
               You
               shall
               well
               and
               truly
               try
               the
               Issue
               between
               our
               Soveraign
               Lord
               the
               King
               ,
               and
            
             John
             Hambden
             ,
             
               Gent.
               and
               a
               true
               Verdict
               give
               according
               to
               your
               Evidence
               .
            
             So
             help
             you
             ●●d
             .
             Jurat
             .
             Sir
             
               Charles
               Gerard.
            
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             
               Roger
               Jennings
            
             ,
             
               Esq
            
             Jur.
             
               Henry
               Hodges
            
             ,
             
               Esq
            
             Jur.
             
               Joshua
               Galliard
            
             ,
             
               Esq
            
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             challenge
             him
             for
             the
             Defendant
             .
          
        
         
           
             L.
             
               Ch.
               Just
            
             .
          
           
             What
             is
             your
             Cause
             of
             Challenge
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             If
             your
             Lordship
             please
             to
             let
             him
             go
             through
             the
             Pannel
             ,
             we
             will
             shew
             cause
             if
             there
             be
             not
             enough
             left
             without
             him
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             No
             ,
             shew
             your
             Cause
             now
             ,
             it
             being
             against
             the
             King.
             
          
        
         
           
             Mr.
             Williams
             .
          
           
             He
             has
             an
             Employment
             under
             the
             King
             ,
             He
             has
             an
             Office
             in
             the
             Forest
             ,
             and
             that
             we
             say
             is
             our
             Cause
             of
             Challenge
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             What
             then
             if
             he
             have
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             We
             suppose
             then
             he
             is
             not
             an
             indifferent
             Person
             to
             try
             this
             Cause
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Ay
             ,
             let
             me
             hear
             that
             now
             proved
             and
             defended
             by
             any
             Gentleman
             of
             the
             long
             Robe
             ,
             that
             that
             is
             a
             good
             cause
             of
             Challenge
             .
             Shew
             me
             what
             Law
             there
             is
             for
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             To
             be
             of
             the
             Kings
             Robe
             ,
             or
             Pay
             ,
             or
             Sallery
             ,
             is
             an
             exception
             in
             any
             Case
             wherein
             the
             King
             is
             concerned
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Shew
             me
             any
             Law
             for
             that
             if
             you
             can
             ,
             Mr.
             Williams
             ,
             I
             know
             you
             are
             a
             Lawyer
             .
          
        
         
           
             Mr.
             Wallop
             .
          
           
             It
             is
             the
             Opinion
             of
             my
             Lord
             Coke
             in
             his
             Institutes
             ,
             that
             it
             is
             a
             good
             Cause
             of
             Challenge
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             But
             there
             is
             the
             Opinion
             of
             all
             the
             Judges
             in
             Henry
             the
             Fourths
             time
             against
             it
             .
          
        
         
           
             Mr.
             Wallop
             .
          
           
             It
             is
             my
             Lord
             ,
             fol.
             156.
             
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             But
             I
             can
             cite
             you
             three
             or
             four
             Books
             ,
             and
             you
             have
             them
             all
             together
             in
             Rolls
             Abridgment
             ,
             
               Title
               Challenge
            
             ,
             where
             he
             sets
             down
             four
             Books
             one
             after
             another
             ,
             That
             it
             is
             no
             cause
             of
             Challenge
             ,
             even
             to
             be
             the
             Kings
             Tenant
             ,
             and
             there
             is
             a
             great
             deal
             of
             reason
             for
             it
             .
             For
             if
             that
             were
             a
             good
             Cause
             of
             Challenge
             ,
             mark
             the
             Consequence
             ,
             then
             all
             Persons
             that
             hold
             Lands
             in
             England
             hold
             them
             mediately
             or
             immediately
             of
             the
             King
             ,
             and
             so
             the
             King
             could
             have
             no
             Free-holders
             to
             be
             Jury-Men
             in
             his
             Cause
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             This
             is
             a
             more
             special
             Cause
             of
             Challenge
             than
             that
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             What
             can
             be
             greater
             than
             that
             of
             being
             the
             Kings
             Tenant
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Especially
             when
             all
             the
             Land
             of
             England
             was
             held
             of
             the
             Crown
             ,
             as
             originally
             it
             was
             .
          
        
         
           
           
             Mr.
             Trever
             .
          
           
             My
             Lord
             in
             2d
             .
             Rolls
             646.
             
             
               Tit.
               Tryals
            
             ,
             There
             is
             the
             express
             Opinion
             of
             my
             Lord
             Rolls
             ,
             That
             to
             be
             of
             the
             Livery
             or
             a
             menial
             Servant
             of
             the
             Crown
             ,
             is
             a
             good
             Cause
             of
             Challenge
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             And
             look
             you
             but
             in
             the
             1
             st
             Case
             in
             the
             1
             st
             Part
             of
             the
             Abridgment
             ,
             Title
             Challenges
             ,
             where
             he
             mentions
             3
             or
             4
             Books
             to
             the
             same
             purpose
             ;
             and
             't
             is
             quite
             otherwise
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             In
             that
             of
             1
             
               st
               .
               Rolls
            
             ,
             he
             only
             cites
             some
             Books
             ,
             but
             the
             other
             is
             his
             own
             Opinion
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Well
             ,
             make
             out
             your
             Fact
             if
             you
             have
             a
             mind
             to
             it
             :
             but
             it
             is
             well
             known
             that
             neither
             Mr.
             Serjeant
             Rolls
             ,
             nor
             my
             Lord
             Coke
             ,
             when
             he
             delivered
             that
             Opinion
             ,
             are
             to
             be
             reckoned
             such
             Authorities
             in
             Crown
             matters
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             will
             ask
             him
             ,
             my
             Lord
             ,
             if
             you
             please
             .
             I
             suppose
             he
             will
             not
             deny
             it
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             No
             ,
             make
             out
             your
             Fact
             if
             you
             will
             have
             any
             benefit
             by
             it
             ,
             't
             is
             only
             a
             Challenge
             to
             the
             favour
             ,
             which
             ought
             not
             to
             be
             in
             the
             Kings
             Case
             .
             I
             am
             very
             glad
             that
             we
             are
             now
             to
             debate
             this
             matter
             with
             Men
             of
             the
             Robe
             ,
             because
             we
             have
             had
             a
             strange
             sort
             of
             Notions
             and
             Reflections
             spread
             abroad
             of
             late
             ,
             as
             tho'
             the
             Judges
             now
             adays
             gave
             strange
             sort
             of
             Opinions
             ,
             and
             as
             tho'
             Persons
             that
             had
             been
             blemishes
             at
             the
             Bar
             ,
             were
             preferred
             to
             do
             strange
             things
             when
             they
             come
             upon
             the
             Bench
             ;
             but
             truly
             I
             wonder
             to
             hear
             that
             it
             should
             be
             a
             doubt
             ,
             when
             at
             the
             same
             time
             that
             which
             we
             gave
             as
             our
             Opinion
             about
             one
             particular
             Challenge
             ,
             that
             is
             as
             to
             Free-holders
             ,
             it
             was
             the
             Judgment
             of
             all
             the
             Judges
             ,
             That
             that
             was
             no
             Challenge
             ,
             and
             all
             the
             Counsel
             that
             were
             concerned
             in
             that
             Case
             ,
             know
             it
             was
             the
             Opinion
             of
             all
             the
             Judges
             .
             But
             now
             if
             we
             meet
             with
             Lawyers
             ,
             I
             shall
             be
             glad
             to
             have
             the
             matter
             fairly
             argued
             and
             debated
             ,
             and
             pray
             shew
             me
             what
             Law
             or
             Reason
             is
             for
             it
             .
          
        
         
           
             Mr.
             Wallop
             .
          
           
             Certainly
             my
             Lord
             ,
             there
             is
             a
             great
             difference
             betwixt
             the
             general
             Allegiance
             of
             all
             Men
             ,
             and
             so
             of
             a
             general
             tenure
             ,
             and
             the
             dependance
             of
             any
             particular
             Person
             who
             is
             a
             menial
             Servant
             ,
             and
             receives
             Wages
             of
             the
             King.
             
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             I
             would
             desire
             to
             know
             of
             you
             Mr.
             Wallop
             ,
             which
             is
             the
             greater
             Challenge
             ,
             to
             say
             such
             a
             one
             is
             Tenant
             ,
             or
             such
             a
             one
             is
             immediate
             Servant
             to
             
               J.
               S
            
             ?
          
        
         
           
             Mr.
             Wallop
             .
          
           
             There
             is
             a
             great
             difference
             ,
             my
             Lord
             ,
             I
             think
             ,
             between
             an
             immediate
             Tenant
             ,
             and
             the
             general
             tenure
             of
             all
             Subjects
             .
          
        
         
           
             L.
             
               Ch.
               Just
            
             .
          
           
             But
             certainly
             the
             Law
             is
             thus
             ,
             if
             he
             were
             an
             immediate
             or
             a
             mediate
             Tenant
             to
             any
             but
             the
             King
             ,
             if
             his
             Lord
             were
             party
             to
             the
             Suit
             it
             would
             be
             a
             good
             Challenge
             ,
             but
             the
             being
             Tenant
             to
             the
             King
             is
             no
             good
             Challenge
             in
             the
             Kings
             Case
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             I
             take
             it
             ,
             the
             Act
             of
             Parliament
             that
             takes
             away
             the
             Court
             of
             Wards
             and
             Liveries
             ,
             hath
             altered
             the
             Law
             as
             to
             that
             matter
             of
             Tenure
             ;
             for
             now
             we
             hold
             in
             Socage
             ,
             and
             that
             other
             Tenure
             is
             destroyed
             that
             was
             between
             the
             King
             and
             his
             Subjects
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             But
             pray
             how
             comes
             it
             to
             be
             a
             Challenge
             now
             that
             was
             not
             one
             before
             ?
             Does
             that
             Act
             of
             Parliament
             make
             it
             a
             good
             cause
             of
             Challenge
             ?
             If
             it
             does
             ,
             shew
             it
             .
             I
             tell
             you
             the
             Old
             Books
             are
             against
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             speak
             ,
             my
             Lord
             ,
             to
             the
             Tenure
             ,
             That
             that
             is
             nothing
             at
             all
             now
             to
             be
             objected
             ,
             because
             all
             is
             now
             in
             Socage
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             I
             would
             not
             have
             Mr.
             Attorney
             insist
             upon
             a
             Jury-man
             ,
             but
             yet
             with-all
             I
             would
             not
             have
             it
             gone
             away
             with
             as
             Law
             ,
             that
             it
             is
             a
             good
             Cause
             of
             Challenge
             .
          
        
         
           
             Mr.
             Wallop
             .
          
           
             My
             Lord
             ,
             We
             finding
             in
             some
             Cases
             that
             are
             in
             our
             Books
             ,
             that
             it
             is
             held
             to
             be
             a
             good
             Cause
             of
             Challenge
             ,
             lay
             it
             before
             the
             Court.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             How
             many
             100
             Errors
             do
             you
             find
             in
             my
             Lord
             Coke
             ,
             notwithstanding
             all
             his
             Learning
             ?
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             I
             say
             if
             I
             was
             Mr.
             Attorney
             ,
             I
             would
             not
             contest
             for
             any
             particular
             
             man
             to
             be
             a
             Jury-man
             ,
             I
             speak
             that
             as
             my
             advice
             ,
             but
             I
             would
             not
             have
             it
             taken
             for
             Law
             ,
             nor
             would
             I
             have
             it
             broached
             abroad
             ,
             that
             tho'
             the
             Judges
             now
             were
             of
             one
             Opinion
             ,
             yet
             the
             Law
             truely
             was
             of
             another
             .
          
        
         
           
             Mr.
             Jones
             .
          
           
             If
             all
             that
             receive
             Sallery
             ,
             or
             Wages
             from
             the
             King
             ,
             are
             not
             to
             be
             Jury-men
             in
             the
             Kings
             Causes
             ,
             then
             all
             the
             Deputy
             Lieutenants
             and
             Militia
             Officers
             ,
             which
             generally
             are
             the
             most
             substantially
             Freeholders
             ,
             are
             excluded
             from
             being
             Jury-men
             .
          
        
         
           
             Mr.
             
               Just
               .
               Wythins
            
             .
          
           
             Who
             will
             say
             so
             ,
             Mr.
             Jones
             ?
             No
             Lawyer
             in
             England
             surely
             will
             say
             so
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Offices
             where
             there
             are
             no
             profit
             ,
             will
             not
             be
             the
             same
             exception
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             But
             he
             is
             no
             menial
             Servant
             of
             the
             Kings
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             What
             is
             he
             then
             ?
          
        
         
           
             Mr.
             Wallop
             .
          
           
             We
             hear
             that
             he
             is
             Keeper
             of
             one
             of
             the
             Kings
             Forests
             ,
             and
             has
             a
             Fee
             for
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Well
             ,
             we
             will
             ask
             him
             upon
             a
             
               voyer
               dire
            
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             The
             Fact
             is
             quite
             otherwise
             ,
             and
             I
             desire
             they
             may
             make
             it
             out
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Truly
             I
             think
             't
             is
             not
             tanti
             to
             insist
             upon
             any
             particular
             man
             ,
             but
             I
             find
             we
             are
             in
             Age
             that
             is
             so
             full
             of
             Cavils
             ,
             that
             if
             we
             act
             but
             according
             to
             the
             Presidents
             that
             went
             before
             us
             ,
             we
             are
             thought
             to
             act
             as
             Originals
             ,
             and
             to
             make
             new
             Laws
             ,
             when
             we
             only
             follow
             the
             Rules
             that
             we
             have
             received
             from
             our
             Predecessors
             .
             And
             I
             say
             there
             was
             no
             such
             Challenge
             at
             Common
             Law
             ,
             that
             ever
             I
             read
             of
             in
             any
             of
             our
             Books
             ,
             nor
             is
             it
             any
             Challenge
             by
             the
             best
             Authorities
             extant
             .
          
        
         
           
             Mr.
             Jones
             .
          
           
             I
             desire
             them
             to
             shew
             me
             any
             such
             President
             ,
             That
             any
             man
             was
             challenged
             by
             one
             that
             was
             tried
             at
             the
             Suit
             of
             the
             King
             ,
             for
             a
             Challenge
             to
             the
             Favour
             ,
             but
             we
             must
             do
             unpresidented
             things
             ,
             or
             else
             there
             will
             be
             no
             satisfying
             of
             some
             Men.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             I
             would
             fain
             know
             ,
             what
             one
             Opinion
             in
             a
             stragling
             Book
             is
             against
             the
             Currant
             of
             all
             our
             Law
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             Which
             do
             you
             call
             a
             stragling
             Book
             ,
             Mr
             Attorney
             ?
             my
             Lord
             
             Coke's
             Institutes
             ,
             or
             my
             Lord
             Rolls
             Abridgment
             ?
          
        
         
           
             L.
             Ch.
             Just
             :
          
           
             I
             say
             the
             better
             Opinion
             of
             the
             Books
             is
             on
             the
             other
             side
             ,
             and
             the
             greater
             number
             too
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             First
             of
             all
             ,
             I
             do
             know
             of
             my
             own
             knowledge
             ,
             he
             is
             no
             menial
             Servant
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Mr.
             Attorney
             ,
             I
             do
             debate
             it
             for
             Learning
             sake
             ,
             truely
             I
             know
             not
             the
             Man
             ,
             nor
             whether
             he
             be
             the
             Kings
             Servant
             ,
             or
             not
             ,
             but
             I
             speak
             against
             allowing
             the
             Challenge
             ,
             that
             if
             he
             be
             set
             aside
             ,
             it
             may
             not
             be
             taken
             as
             a
             President
             ,
             and
             so
             pass
             for
             Law
             that
             the
             Kings
             Servants
             can't
             be
             Jury-men
             .
             I
             would
             have
             you
             quit
             the
             man
             by
             consent
             ,
             but
             not
             as
             a
             force-put
             ,
             as
             tho'
             the
             Law
             were
             so
             ,
             for
             the
             Law
             I
             think
             is
             otherwise
             .
          
        
         
           
             Mr.
             
               Att.
               General
            
             .
          
           
             He
             is
             none
             ,
             my
             Lord
             ,
             they
             mistake
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Nay
             ,
             I
             know
             nothing
             of
             the
             man
             ,
             I
             tell
             you
             only
             what
             I
             think
             .
          
        
         
           
             Mr.
             Wallop
             .
          
           
             He
             receives
             Wages
             ,
             or
             a
             Fee
             from
             the
             King
             for
             his
             Office.
             
          
        
         
           
             Mr.
             
               Just
               Wythins
            
             .
          
           
             I
             would
             never
             for
             my
             part
             while
             I
             live
             ,
             nor
             never
             did
             ,
             while
             I
             was
             a
             practiser
             ,
             stand
             upon
             any
             particular
             Jury-man
             .
          
        
         
           
             Mr.
             
               Att
               Gen.
            
             
          
           
             He
             may
             be
             a
             Jury-man
             by
             Law
             sure
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             There
             is
             no
             doubt
             of
             it
             ,
             Mr.
             Attorney
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             If
             your
             Lordships
             have
             given
             your
             Opinion
             ,
             I
             desire
             he
             may
             stand
             by
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Well
             ,
             Mr.
             Attorney
             waves
             him
             ,
             Let
             him
             stand
             by
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             But
             for
             no
             Reason
             that
             has
             been
             offered
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             No
             ,
             no
             ,
             I
             don't
             hear
             any
             thing
             of
             Reason
             offered
             for
             it
             .
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Mr.
             Galliard
             .
             You
             may
             go
             down
             .
             
               Thomas
               Harriott
            
             ,
             
               Esq
            
             Jur.
             
               Thomas
               Earsby
            
             ,
             
               Esq
            
             Jur.
             
               William
               Avery
            
             ,
             
               Esq
            
             Jur.
             
               John
               Sharpe
            
             ,
             
               Esq
            
             Jur.
             
               Richard
               Shoreditch
            
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             challenge
             him
             for
             the
             Defendant
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             What
             is
             your
             Cause
             of
             Challenge
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             There
             is
             the
             same
             exception
             to
             him
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             If
             Mr.
             Attorney
             will
             consent
             ,
             with
             all
             my
             heart
             .
          
        
         
           
             Mr.
             
               Sol.
               Gen.
            
             
          
           
             No
             ,
             we
             humor'd
             you
             in
             one
             ,
             we
             won't
             humor
             you
             any
             more
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Nay
             ,
             here
             is
             something
             more
             clear
             for
             us
             ,
             He
             is
             a
             Serjeant
             at
             Arms
             attending
             His
             Majesty
             .
          
        
         
           
             Mr.
             
               Just
               .
               Wythins
            
             .
          
           
             You
             know
             our
             Opinions
             already
             ,
             Mr.
             Williams
             ,
             unless
             Mr.
             Attorney
             consent
             ,
             we
             can't
             do
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             only
             acquaint
             Mr.
             Attorney
             with
             it
             ,
             we
             must
             submit
             to
             your
             Rule
             ,
             he
             is
             certainly
             Serjeant
             at
             Arms
             ,
             he
             came
             in
             the
             place
             of
             Dereham
             that
             let
             my
             Lord
             Gray
             escape
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             prove
             it
             ,
             I
             don't
             know
             it
             for
             my
             share
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Will
             you
             ask
             him
             the
             Question
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             prove
             it
             .
             Are
             we
             to
             gratifie
             your
             Clyent
             ?
             Pray
             let
             him
             better
             instruct
             his
             Counsel
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             If
             Mr.
             Attorney
             consent
             not
             ,
             then
             he
             must
             be
             sworn
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             If
             there
             be
             enough
             without
             him
             that
             do
             appear
             let
             him
             stand
             by
             .
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Stand
             down
             Mr.
             Shoreditch
             .
          
        
         
           
             Charles
             Good
             ,
          
           
             
               Esq
            
             Jur.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             That
             it
             may
             appear
             how
             fair
             things
             were
             carried
             ,
             they
             would
             not
             strike
             out
             one
             of
             these
             Men
             when
             they
             came
             before
             the
             Protonotary
             ,
             as
             they
             might
             have
             done
             .
          
        
         
           
             Mr.
             
               Just
               Wythins
            
             .
          
           
             Truly
             that
             was
             not
             well
             done
             ,
             to
             trouble
             the
             Court
             when
             you
             might
             make
             your
             exceptions
             there
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             did
             not
             know
             it
             then
             ,
             now
             we
             do
             ,
             we
             offer
             it
             to
             the
             Court.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             
               Sam.
               Rouse
            
             ,
             
               Esq
            
             Jur.
             
               Hugh
               Squire
            
             ,
             
               Esq
            
             Jur.
             
               Nehemiah
               Arnold
            
             ,
             
               Esq
            
             Jur.
             and
             
               John
               Bifeild
            
             ,
             
               Esq
            
             Jur.
             
          
        
         
           
             Then
             the
             Jury
             were
             numbred
             ,
             and
             the
             12
             sworn
             were
             these
             .
          
           
             Sir
             
               Charles
               Gerard
            
             ,
             Baronet
             .
             Jur.
             
          
           
             
               Roger
               Jennings
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Henry
               Hodges
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Thomas
               Harriott
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Thomas
               Earsby
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               William
               Avery
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               John
               Sharpe
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Charles
               Good
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Samuel
               Rouse
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Hugh
               Squire
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               Nehemiah
               Arnold
            
             ,
             
               Esq
            
             Jur.
             
          
           
             
               John
               Bifeild
            
             ,
             
               Esq
            
             Jur.
             
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Gentlemen
             of
             the
             Jury
             ,
             You
             that
             are
             sworn
             ,
             Hearken
             to
             your
             Charge
             .
             The
             Defendant
             
               John
               Hambden
            
             stands
             Indicted
             by
             the
             name
             of
             
               John
               Hambden
            
             ,
             of
             the
             Parish
             of
             St.
             Giles
             in
             the
             Fields
             ,
             in
             the
             County
             of
             Middlesex
             ,
             Gent.
             (
             Prout
             in
             the
             Indictment
             ,
             
               mutatis
               mutandis
            
             )
             —
             To
             this
             Indictment
             he
             has
             pleaded
             not
             Guilty
             ,
             and
             for
             his
             Tryal
             puts
             himself
             upon
             the
             Country
             ,
             and
             the
             Kings
             
               Attorney
               General
            
             likewise
             ,
             which
             Country
             you
             are
             ,
             your
             Charge
             is
             to
             inquire
             whether
             the
             Defendant
             be
             Guilty
             of
             the
             great
             Misdemeanour
             whereof
             he
             stands
             Indicted
             ,
             or
             not
             Guilty
             ;
             if
             you
             find
             him
             Guilty
             ,
             you
             are
             to
             say
             so
             ;
             and
             if
             you
             find
             him
             not
             Guilty
             ,
             you
             are
             to
             say
             so
             ,
             and
             no
             more
             ;
             and
             hear
             your
             Evidence
             .
          
        
         
           
           Then
           Proclamation
           was
           made
           for
           Evidence
           in
           usual
           form
           .
        
         
           
             Mr
             Holoway
             .
          
           
             May
             it
             please
             your
             Lordship
             ,
             and
             Gentlemen
             ,
             you
             that
             are
             sworn
             ,
             I
             am
             of
             Counsel
             for
             the
             King
             upon
             this
             Indictment
             .
             Gentlemen
             ,
             the
             Indictment
             sets
             forth
             ,
             that
             the
             Defendant
             being
             a
             Seditious
             Malitious
             Evil
             disposed
             Person
             ,
             and
             Seditiously
             and
             Maliciously
             intending
             to
             disturb
             the
             Peace
             of
             the
             Kingdom
             ,
             the
             last
             day
             of
             June
             ,
             in
             the
             35.
             year
             of
             his
             now
             Majesty's
             Reign
             ,
             and
             divers
             other
             days
             and
             times
             ,
             at
             the
             Parish
             of
             St.
             Giles
             in
             the
             Fields
             ,
             in
             your
             County
             ,
             did
             unlawfully
             assemble
             ,
             and
             confederate
             himself
             with
             divers
             Evil-disposed
             Persons
             ,
             Subjects
             of
             our
             Lord
             the
             King
             ,
             and
             then
             and
             there
             ,
             with
             those
             other
             persons
             did
             Falsly
             Maliciously
             and
             Seditiously
             consult
             and
             conspire
             to
             make
             an
             Insurrection
             in
             the
             Kingdom
             of
             England
             ,
             and
             to
             provide
             Arms
             and
             Armed
             men
             in
             divers
             places
             of
             the
             said
             Kingdom
             .
             And
             the
             better
             to
             compleat
             his
             Evil
             Intentions
             ,
             the
             said
             last
             day
             of
             June
             ,
             did
             consult
             and
             agree
             to
             send
             certain
             persons
             ,
             to
             the
             Jurors
             unknown
             ,
             into
             Scotland
             ,
             to
             invite
             several
             Evil-disposed
             Persons
             there
             to
             joyn
             in
             this
             Conspiracy
             .
             This
             is
             the
             Substance
             of
             the
             Charge
             ,
             and
             to
             this
             he
             says
             ,
             He
             is
             not
             Guilty
             ;
             If
             we
             prove
             him
             so
             ,
             we
             do
             not
             question
             but
             you
             will
             find
             it
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             May
             it
             please
             your
             Lordship
             ,
             and
             you
             Gentlemen
             of
             this
             Jury
             ,
             Mr
             Hambden
             stands
             Indicted
             of
             an
             High
             Misdemeanour
             ,
             for
             conspiring
             with
             several
             others
             ,
             to
             raise
             Rebellion
             within
             the
             Kingdom
             ,
             and
             to
             crave
             the
             Assistance
             of
             the
             Brother-hood
             of
             Scotland
             .
             Upon
             the
             face
             of
             the
             Indictment
             ,
             Gentlemen
             ,
             it
             appears
             to
             be
             a
             very
             high
             Crime
             ,
             and
             the
             matter
             of
             this
             indeed
             has
             been
             formerly
             in
             examination
             in
             other
             Tryals
             ,
             and
             yet
             the
             Party
             you
             may
             observe
             do
             not
             acquiesce
             in
             those
             Tryals
             ,
             but
             think
             the
             Persons
             accused
             lay
             under
             very
             great
             hardships
             ,
             and
             that
             to
             a
             very
             great
             degree
             ,
             as
             not
             having
             the
             advantage
             of
             Counsel
             ,
             nor
             to
             have
             their
             Witnesses
             examined
             upon
             Oath
             ;
             and
             therefore
             ,
             Gentlemen
             ,
             the
             King
             is
             pleased
             to
             go
             less
             in
             this
             Case
             than
             in
             the
             others
             ,
             That
             this
             Gentleman
             ,
             who
             is
             now
             before
             the
             Court
             ,
             may
             clear
             his
             innocence
             ,
             if
             he
             has
             any
             Witnesses
             to
             do
             it
             .
             And
             if
             there
             be
             any
             advantage
             that
             the
             having
             of
             Counsel
             can
             contribute
             to
             his
             Cause
             he
             has
             that
             allowed
             him
             too
             .
          
           
             The
             Course
             of
             our
             Evidence
             ,
             Gentlemen
             ,
             will
             be
             this
             .
          
           
             We
             shall
             prove
             to
             you
             that
             Mr.
             Hambden
             with
             five
             other
             Persons
             ,
             (
             I
             shall
             name
             them
             )
             The
             Duke
             of
             Monmouth
             ,
             my
             Lord
             Russel
             ,
             Mr.
             Sidney
             ,
             my
             Lord
             of
             Essex
             ,
             and
             my
             Lord
             Howard
             ,
             they
             met
             several
             times
             ,
             (
             the
             particulars
             we
             shall
             give
             you
             an
             account
             of
             )
             one
             was
             at
             Mr.
             
             Hambden's
             house
             ,
             another
             was
             at
             my
             Lords
             Russels
             ,
             where
             they
             did
             contrive
             together
             ,
             and
             took
             upon
             them
             to
             be
             a
             Juncto
             or
             a
             Counsel
             of
             Six
             collected
             out
             of
             the
             wisest
             men
             of
             the
             Kingdom
             ,
             to
             consider
             how
             they
             might
             better
             the
             Affairs
             of
             the
             Nation
             ,
             and
             how
             they
             might
             make
             a
             Stir
             :
             For
             they
             thought
             there
             was
             no
             way
             possible
             otherwise
             of
             doing
             it
             ,
             but
             by
             their
             joynt
             Counsels
             to
             carry
             on
             a
             Rising
             .
             And
             that
             they
             might
             do
             it
             the
             Better
             ,
             they
             resolved
             to
             crave
             the
             Assistance
             of
             Scotland
             .
             Gentlemen
             ,
             We
             shall
             give
             you
             an
             account
             of
             their
             Consults
             and
             Debates
             ,
             and
             shall
             shew
             you
             ,
             that
             at
             length
             they
             came
             to
             a
             Resolution
             ,
             That
             the
             rising
             was
             to
             be
             carried
             on
             joyntly
             in
             London
             ,
             and
             the
             several
             parts
             of
             the
             Kingdom
             ,
             in
             several
             Countries
             at
             once
             .
             Then
             they
             came
             to
             think
             ,
             and
             consider
             whether
             it
             were
             not
             best
             to
             send
             into
             Scotland
             ,
             to
             draw
             them
             in
             too
             .
             And
             thereupon
             it
             was
             agreed
             by
             this
             Juncto
             ,
             That
             they
             would
             send
             thither
             ,
             and
             the
             management
             of
             it
             was
             committed
             to
             Mr.
             Sidney
             ,
             to
             send
             some
             fit
             Person
             into
             Scotland
             ,
             to
             treat
             with
             the
             Male-Contents
             there
             ;
             and
             the
             better
             to
             carry
             on
             this
             joynt
             Design
             ,
             some
             of
             them
             were
             to
             come
             up
             to
             London
             .
             And
             they
             were
             to
             have
             a
             pretence
             to
             treat
             about
             going
             to
             Carolina
             ,
             and
             the
             purchasing
             some
             Shares
             in
             the
             Plantation
             there
             ,
             of
             which
             my
             Lord
             Shaftsbury
             was
             a
             chief
             Governour
             .
             We
             shall
             prove
             to
             you
             ,
             Gentlemen
             ,
             besides
             all
             that
             I
             have
             opened
             ,
             That
             the
             Person
             to
             whom
             that
             trust
             was
             committed
             ,
             Mr.
             Sidney
             ,
             according
             to
             the
             Duty
             
             that
             he
             had
             taken
             upon
             him
             ,
             does
             employ
             one
             
               Aaron
               Smith
            
             ,
             which
             all
             that
             know
             him
             ,
             do
             know
             him
             to
             be
             a
             fit
             Engine
             for
             such
             Counsellors
             ,
             and
             a
             fit
             Instrument
             for
             such
             a
             Conspiracy
             .
             We
             shall
             prove
             he
             actually
             was
             in
             Scotland
             ,
             and
             that
             he
             went
             into
             Scotland
             upon
             this
             Errand
             .
             And
             then
             we
             shall
             prove
             ,
             That
             those
             Gentlemen
             that
             were
             sent
             to
             ,
             and
             were
             the
             Persons
             named
             in
             their
             Consults
             to
             be
             treated
             with
             ,
             came
             here
             soon
             after
             to
             Town
             ,
             and
             as
             soon
             as
             ever
             this
             Plot
             was
             discovered
             ,
             they
             fled
             and
             absconded
             themselves
             .
             Gentlemen
             ,
             If
             we
             shall
             prove
             all
             this
             matter
             to
             you
             ,
             I
             think
             it
             will
             be
             without
             any
             Question
             clear
             ,
             that
             this
             Gentleman
             is
             notoriously
             Guilty
             of
             this
             High
             Misdemeanour
             .
             And
             indeed
             ,
             if
             you
             observe
             it
             ,
             one
             of
             the
             Persons
             has
             given
             Judgment
             against
             himself
             ,
             the
             Earl
             of
             Essex
             .
             But
             the
             Party
             have
             been
             so
             diligent
             and
             officious
             as
             to
             fling
             that
             upon
             the
             Government
             ;
             but
             that
             matter
             we
             shall
             have
             before
             the
             Court
             in
             Judgment
             to
             morrow
             .
             For
             two
             of
             the
             others
             they
             have
             received
             the
             Judgment
             of
             the
             Law
             ;
             for
             two
             more
             of
             them
             the
             King
             has
             been
             pleased
             to
             take
             them
             into
             his
             Mercy
             ;
             the
             one
             is
             my
             Lord
             Howard
             ,
             who
             is
             summoned
             to
             appear
             here
             to
             day
             ;
             the
             other
             is
             the
             Duke
             of
             Monmouth
             ,
             who
             has
             confessed
             all
             this
             matter
             ,
             and
             has
             taken
             his
             Pardon
             ,
             and
             we
             have
             Summoned
             him
             also
             to
             be
             here
             this
             day
             ;
             that
             the
             World
             ,
             if
             they
             will
             have
             their
             Eyes
             opened
             (
             I
             mean
             the
             discontented
             World
             )
             may
             see
             there
             is
             nothing
             sought
             but
             the
             Peace
             and
             Quieting
             of
             the
             Kingdom
             .
          
           
             Gentlemen
             ,
             If
             we
             prove
             all
             this
             matter
             to
             you
             ,
             I
             shall
             be
             glad
             to
             hear
             the
             Defence
             of
             the
             Counsel
             ,
             and
             the
             Defence
             made
             by
             Witnesses
             upon
             Oath
             .
          
        
         
           
             Mr.
             
               Sol.
               Gen.
            
             
          
           
             My
             Lord
             ,
             we
             will
             call
             our
             Witnesses
             ,
             and
             first
             we
             begin
             with
             the
             Duke
             of
             Monmouth
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Call
             James
             Duke
             of
             Monmouth
             .
          
        
         
           
             Cryer
             .
          
           
             James
             ,
             Duke
             of
             Monmouth
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Call
             him
             again
             .
          
        
         
           
             Cryer
             .
          
           
             James
             ,
             Duke
             of
             Monmouth
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Was
             he
             served
             with
             a
             Subpoena
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             we
             will
             prove
             we
             have
             served
             him
             in
             all
             places
             where
             he
             was
             like
             to
             be
             met
             with
             ;
             That
             we
             left
             Subpoenas
             with
             his
             Servants
             ,
             who
             promised
             to
             deliver
             them
             to
             him
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Prove
             it
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Where
             is
             Mr.
             Atterbury
             ?
             Swear
             him
             
               which
               was
               done
            
             Pray
             will
             you
             give
             the
             Court
             an
             account
             ,
             Whether
             you
             did
             serve
             the
             D.
             of
             Monmouth
             with
             any
             Subpoena
             ?
             In
             what
             places
             you
             were
             to
             serve
             him
             ,
             and
             who
             you
             left
             it
             with
             ?
          
        
         
           
             Mr.
             Atterb
             .
          
           
             My
             Lord
             ,
             On
             Fryday
             last
             was
             Seven-night
             ,
             I
             was
             commanded
             by
             Mr.
             Attorney
             General
             to
             carry
             a
             Subpoena
             to
             serve
             upon
             the
             Duke
             of
             Monmouth
             ,
             and
             to
             go
             to
             his
             House
             at
             
               Moor
               Parke
            
             ,
             where
             it
             was
             generally
             discoursed
             he
             was
             .
             I
             did
             go
             and
             take
             a
             Subpoena
             from
             Mr.
             Burton
             ,
             by
             Mr.
             
             Attorney's
             Order
             ,
             and
             went
             to
             the
             Duke's
             House
             at
             
               Moor
               Parke
            
             .
             When
             I
             came
             there
             ,
             the
             outward
             Gate
             was
             locked
             ,
             and
             I
             went
             to
             an
             House
             where
             the
             Keys
             are
             kept
             ,
             and
             having
             got
             the
             Keys
             ,
             I
             went
             down
             to
             the
             House
             ,
             and
             I
             saw
             there
             one
             of
             his
             Servants
             fothering
             of
             Cattle
             ;
             and
             coming
             up
             to
             him
             ,
             I
             asked
             him
             if
             the
             Duke
             of
             Monmouth
             was
             in
             the
             House
             ?
             He
             told
             me
             ,
             he
             could
             not
             well
             tell
             ,
             whether
             he
             was
             or
             not
             ,
             but
             he
             thought
             he
             was
             gone
             to
             London
             ,
             for
             he
             saw
             the
             Calash
             ,
             and
             5
             or
             6
             Horsemen
             with
             it
             ,
             and
             they
             said
             in
             the
             House
             ,
             that
             it
             was
             the
             Duke
             that
             was
             gone
             to
             London
             .
             I
             asked
             if
             there
             were
             any
             Servants
             that
             were
             nearer
             to
             his
             Grace
             in
             the
             House
             ,
             that
             I
             might
             speak
             with
             ?
             They
             said
             ,
             Yes
             ,
             there
             was
             the
             House-keeper
             or
             Steward
             ,
             one
             Mr.
             Rawkins
             that
             attended
             upon
             the
             Duke
             .
             I
             desired
             to
             speak
             with
             him
             ,
             and
             he
             came
             out
             to
             me
             ;
             I
             asked
             him
             if
             the
             Duke
             was
             there
             ?
             He
             seemed
             to
             be
             unwilling
             to
             give
             me
             an
             answer
             .
             I
             asked
             him
             the
             second
             time
             ;
             but
             he
             did
             not
             say
             he
             was
             ,
             or
             he
             was
             not
             .
             I
             told
             him
             then
             ,
             I
             had
             a
             Subpoena
             ,
             which
             I
             brought
             with
             me
             by
             Mr.
             Attorney
             General
             's
             Order
             ,
             to
             serve
             upon
             his
             Grace
             ,
             which
             was
             to
             require
             him
             to
             attend
             here
             this
             day
             ,
             to
             testifie
             his
             Knowledge
             in
             a
             Case
             between
             the
             King
             and
             Mr.
             Hambden
             .
             He
             told
             me
             ,
             Sir
             ,
             said
             he
             ,
             give
             me
             your
             Subpoena
             ,
             and
             I
             will
             take
             care
             the
             Duke
             shall
             have
             it
             .
             He
             took
             it
             of
             me
             ,
             and
             I
             came
             back
             to
             London
             presently
             .
             Assoon
             as
             I
             came
             to
             Town
             ,
             I
             had
             a
             second
             Subpena
             given
             me
             to
             serve
             upon
             his
             Grace
             ,
             with
             which
             I
             went
             to
             the
             Dukes
             House
             at
             the
             Cock-pit
             .
          
           
           
             When
             I
             came
             there
             I
             spake
             with
             the
             Porter
             ,
             I
             think
             his
             Name
             is
             Johnson
             ,
             (
             b●●
             the
             Porter
             he
             is
             ,
             and
             I
             remember
             him
             a
             Servant
             there
             many
             years
             )
             I
             asked
             him
             if
             the
             Duke
             were
             there
             ?
             He
             told
             me
             he
             did
             not
             lodge
             there
             .
             I
             told
             him
             I
             had
             a
             Subpoena
             to
             serve
             upon
             his
             Grace
             to
             appear
             as
             this
             day
             ,
             the
             same
             as
             I
             said
             at
             
               Moor
               Park
            
             .
             Says
             he
             ,
             Mr.
             Atterbury
             ,
             I
             will
             take
             care
             the
             Duke
             shall
             have
             it
             to
             night
             ,
             or
             to
             morrow
             morning
             early
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             When
             was
             this
             ?
          
        
         
           
             Mr.
             Atterbury
             .
          
           
             It
             was
             of
             the
             same
             day
             ,
             Friday
             was
             seven-night
             last
             .
             I
             was
             told
             afterwards
             by
             one
             that
             I
             met
             with
             ,
             that
             the
             Duke
             did
             lodge
             at
             Mr.
             
             Row's
             House
             ,
             who
             is
             a
             Servant
             to
             the
             Duke
             ,
             one
             of
             his
             Gentlemen
             .
             He
             lives
             in
             the
             
               Pall
               Mall
            
             ,
             't
             is
             either
             his
             House
             or
             his
             Lodging
             ,
             but
             they
             call
             it
             his
             House
             .
             I
             had
             a
             3
             
               d
               Subpoena
            
             given
             me
             to
             the
             same
             effect
             .
             And
             when
             I
             came
             there
             ,
             I
             asked
             for
             the
             Duke
             ,
             and
             a
             Woman
             came
             to
             the
             Door
             ,
             Mrs.
             Manley
             (
             I
             think
             they
             call
             her
             )
             she
             seemed
             to
             make
             little
             answer
             to
             what
             I
             said
             .
             Said
             I
             ,
             Pray
             will
             you
             give
             this
             Subpoena
             to
             the
             Duke
             ,
             or
             to
             Mr.
             Row
             to
             give
             it
             the
             Duke
             ?
             She
             took
             it
             of
             me
             ,
             and
             said
             ,
             she
             would
             give
             it
             Mr.
             Row
             certainly
             to
             give
             to
             the
             Duke
             .
             And
             yesterday
             ,
             or
             the
             day
             before
             ,
             I
             met
             Mr.
             Row
             at
             White-Hall
             ,
             and
             says
             he
             to
             me
             ,
             Mr.
             Atterbury
             ,
             you
             brought
             a
             Subpoena
             to
             my
             House
             a
             little
             while
             ago
             ?
             Yes
             ,
             Sir
             ,
             said
             I
             ,
             I
             did
             ,
             had
             you
             it
             ?
             Yes
             ,
             I
             had
             the
             Subpoena
             ,
             says
             he
             .
             Then
             says
             I
             ,
             I
             hope
             you
             gave
             the
             Duke
             it
             ?
             To
             that
             he
             made
             me
             no
             answer
             ,
             but
             nodded
             his
             head
             ,
             and
             smiled
             ,
             and
             went
             away
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Now
             call
             his
             Grace
             again
             .
          
        
         
           
             Cryer
             .
          
           
             James
             Duke
             of
             Monmouth
             .
             
               But
               he
               did
               not
               appear
               .
            
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Call
             William
             Lord
             Howard
             .
             
               who
               was
               in
               the
               Court.
               
            
             Pray
             swear
             my
             Lord
             Howard
             .
             
               which
               was
               done
            
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             Howard
             ,
             Pray
             will
             you
             be
             pleased
             to
             give
             the
             Court
             and
             the
             Jury
             an
             account
             what
             you
             know
             of
             any
             meeting
             by
             the
             Gentleman
             that
             is
             now
             accused
             and
             the
             Duke
             of
             Monmouth
             ,
             my
             Lord
             Russel
             ,
             your self
             and
             others
             ,
             and
             when
             ?
             Tell
             what
             you
             know
             ?
          
        
         
           
             L.
             Howard
             .
          
           
             My
             Lord
             ,
             in
             January
             last
             was
             12
             Month
             ,
             about
             the
             midst
             of
             January
             I
             was
             called
             out
             by
             Colonel
             Sidney
             ,
             being
             then
             in
             my
             Lodgings
             in
             Southampton-street
             ,
             and
             carried
             by
             him
             to
             Mr.
             
             Hambden's
             House
             ,
             I
             do
             not
             know
             what
             they
             call
             the
             Street
             ,
             but
             the
             same
             side
             of
             the
             way
             with
             the
             Fine
             House
             that
             is
             in
             Bloomesbury
             —
          
        
         
           
             Mr.
             Jones
             .
          
           
             By
             my
             Lord
             Mountagues
             House
             that
             now
             is
             ,
             you
             mean
             ?
          
        
         
           
             L.
             Howard
             .
          
           
             Yes
             ,
             of
             the
             same
             side
             of
             the
             way
             .
             When
             I
             came
             there
             ,
             there
             was
             my
             Lord
             Russel
             ,
             and
             the
             Duke
             of
             Monmouth
             ,
             Colonel
             Sidney
             and
             I
             went
             together
             ,
             Mr.
             Hambden
             was
             then
             in
             the
             Room
             where
             they
             were
             .
             Afterwards
             came
             in
             my
             Lord
             of
             Essex
             ,
             this
             made
             up
             six
             .
             When
             they
             were
             there
             ,
             we
             fell
             into
             Discourses
             —
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             my
             Lord
             ,
             before
             you
             come
             to
             tell
             the
             particular
             Discourses
             ,
             give
             an
             account
             how
             ,
             and
             upon
             what
             grounds
             you
             came
             to
             have
             this
             Juncto
             of
             Six
             ?
          
        
         
           
             L.
             C.
             Just
             .
          
           
             If
             you
             please
             ,
             my
             Lord
             ,
             Pray
             give
             an
             account
             of
             the
             preliminary
             passages
             .
          
        
         
           
             L.
             Howard
             .
          
           
             My
             Lord
             ,
             After
             the
             disappointment
             given
             to
             an
             Undertaking
             that
             was
             begun
             by
             my
             Lord
             Shaftesbury
             ,
             which
             was
             in
             October
             or
             November
             before
             ,
             in
             November
             he
             dyed
             .
             After
             that
             ,
             truly
             I
             cannot
             say
             ,
             but
             that
             Colonel
             Sidney
             and
             my self
             might
             be
             ,
             and
             were
             the
             two
             first
             that
             did
             give
             the
             Rise
             to
             it
             .
             For
             being
             in
             Discourse
             ,
             We
             said
             it
             was
             absolutely
             necessary
             that
             there
             should
             be
             some
             Council
             erected
             to
             give
             some
             steadiness
             to
             the
             Motions
             —
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             My
             Lord
             ,
             I
             would
             not
             willingly
             interrupt
             you
             .
             But
             you
             seem
             to
             speak
             of
             a
             disappointment
             given
             to
             an
             Undertaking
             by
             my
             Lord
             Shaftsbury
             .
             Pray
             what
             was
             that
             Undertaking
             ?
          
        
         
           
             L.
             Howard
             .
          
           
             Your
             Lordship
             has
             heard
             of
             that
             before
             ,
             and
             know
             it
             very
             well
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Tho'
             we
             know
             it
             ,
             the
             Jury
             do
             not
             .
             They
             have
             not
             heard
             it
             Judicially
             at
             least
             .
          
        
         
           
             L.
             Howard
             .
          
           
             Because
             it
             has
             been
             in
             the
             Printed
             Books
             ,
             every
             body
             I
             suppose
             knows
             it
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             But
             that
             they
             cannot
             judicially
             take
             notice
             of
             .
          
        
         
           
             L.
             Howard
             .
          
           
             That
             is
             something
             a
             long
             History
             ,
             my
             Lord·
          
        
         
           
             L.
             C
             J.
             
          
           
             Tho'
             it
             be
             we
             must
             hear
             it
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             make
             it
             as
             short
             as
             you
             can
             my
             Lord.
             
          
        
         
           
             L.
             Howard
             .
          
           
             So
             much
             as
             I
             can
             give
             accompt
             of
             is
             this
             .
             It
             was
             about
             the
             day
             after
             
             Michale's
             day
             that
             I
             came
             to
             my
             own
             House
             having
             been
             before
             in
             Essex
             ,
             and
             that
             I
             think
             was
             Saturday
             .
             The
             Monday
             following
             Captain
             Walcott
             came
             to
             me
             and
             dined
             with
             me
             ,
             and
             after
             Dinner
             told
             me
             My
             Lord
             of
             Shaftsbury
             had
             left
             his
             House
             ,
             and
             had
             betaken
             himself
             to
             a
             private
             Lodging
             ,
             and
             had
             hid
             himself
             from
             the
             rest
             of
             his
             Friends
             ;
             but
             had
             a
             great
             Kindness
             for
             me
             ,
             (
             which
             Kindness
             truly
             I
             wish
             he
             had
             spared
             )
             and
             desired
             to
             see
             me
             ,
             I
             took
             time
             to
             consider
             of
             it
             ;
             but
             I
             bid
             him
             go
             back
             to
             my
             Lord
             of
             Shaftsbury
             and
             tell
             him
             if
             he
             had
             any
             thing
             of
             an
             extraordinary
             Nature
             to
             acquaint
             me
             with
             ,
             I
             would
             come
             and
             assist
             him
             all
             I
             could
             .
             He
             came
             the
             next
             day
             again
             and
             shewed
             me
             to
             my
             Lord
             
             Shaftsbury's
             Lodgings
             :
             He
             lodged
             then
             at
             one
             
             Watson's
             House
             a
             Citizen
             ,
             I
             know
             not
             what
             Street
             they
             call
             it
             ;
             but
             it
             was
             in
             a
             little
             Street
             down
             by
             Wood-street
             .
             And
             when
             I
             came
             to
             him
             ,
             I
             found
             my
             Lord
             Shaftsbury
             very
             much
             differing
             from
             what
             he
             used
             to
             be
             ,
             which
             was
             more
             cautious
             ,
             and
             presently
             he
             fell
             to
             tell
             me
             that
             he
             was
             forced
             to
             withdraw
             himself
             from
             his
             own
             House
             ,
             for
             fear
             of
             being
             attacked
             again
             by
             Sham-Charges
             and
             Plots
             ,
             and
             false
             Evidence
             as
             he
             had
             before
             :
             For
             now
             he
             said
             ,
             He
             saw
             they
             had
             the
             Possession
             of
             all
             Juries
             by
             having
             those
             Sheriffs
             which
             were
             imposed
             upon
             the
             City
             ,
             as
             he
             said
             ,
             and
             he
             could
             not
             think
             his
             own
             life
             or
             any
             Mans
             Life
             safe
             ;
             for
             to
             be
             accused
             was
             sufficient
             to
             bring
             his
             Life
             into
             very
             great
             danger
             ,
             and
             for
             that
             Reason
             he
             had
             with
             drawn
             himself
             to
             that
             private
             retirement
             ;
             and
             being
             there
             he
             was
             resolved
             to
             make
             some
             speedy
             Push
             for
             recovering
             of
             the
             Liberties
             of
             England
             ,
             that
             there
             was
             Preparation
             made
             in
             the
             City
             of
             several
             1000
             of
             Men
             that
             were
             all
             in
             Readiness
             to
             Rise
             ,
             and
             that
             for
             his
             part
             he
             was
             resolved
             to
             be
             set
             on
             Horse-back
             ;
             for
             get
             on
             Horse-back
             he
             could
             not
             ;
             and
             that
             there
             were
             great
             numbers
             that
             were
             ready
             when
             he
             did
             but
             hold
             up
             his
             Finger
             to
             be
             drawn
             together
             at
             any
             time
             :
             That
             divers
             had
             been
             drawn
             out
             of
             the
             Country
             to
             joyn
             with
             them
             by
             insensible
             parties
             of
             Horse
             ,
             I
             think
             he
             named
             about
             fourscore
             or
             an
             hundred
             .
             Which
             since
             I
             found
             were
             to
             be
             headed
             by
             Col.
             Romsey
             upon
             the
             day
             of
             making
             and
             declaring
             the
             Sheriffs
             ;
             but
             finding
             there
             was
             nothing
             done
             ,
             he
             withdrew
             himself
             and
             his
             Man
             thither
             ;
             but
             there
             was
             such
             a
             general
             Preparation
             in
             the
             City
             ,
             that
             if
             some
             Lords
             did
             not
             unhandsomely
             desert
             them
             they
             should
             be
             in
             readiness
             for
             Action
             quickly
             .
             I
             askt
             him
             who
             he
             meant
             ?
             He
             told
             me
             ,
             the
             Duke
             of
             Monmouth
             and
             my
             Lord
             Russel
             had
             very
             unhandsomely
             deserted
             him
             ;
             for
             they
             had
             promised
             and
             undertaken
             to
             be
             in
             Readiness
             with
             Men
             out
             of
             several
             Countreys
             in
             which
             they
             had
             an
             Interest
             ,
             he
             named
             
               Somersetshire
               ,
               Devonshire
            
             ,
             and
             Cheshire
             ,
             I
             think
             ,
             and
             that
             my
             Lord
             Gray
             should
             be
             disposed
             of
             into
             Essex
             to
             do
             the
             same
             there
             ,
             and
             if
             they
             had
             held
             on
             this
             Resolution
             it
             had
             been
             such
             a
             sure
             Game
             that
             it
             could
             not
             have
             failed
             :
             But
             says
             he
             ,
             they
             are
             started
             ,
             and
             say
             they
             cannot
             be
             in
             Readiness
             to
             do
             it
             .
             My
             Lord
             ,
             I
             very
             much
             wonder
             that
             those
             Persons
             you
             named
             should
             ingage
             in
             any
             Design
             ,
             and
             fail
             of
             performing
             
             what
             they
             promised
             !
             Says
             he
             ,
             I
             'll
             assure
             you
             't
             is
             so
             .
             And
             so
             he
             proceded
             to
             speak
             several
             sharp
             things
             of
             the
             Duke
             of
             Monmouth
             upon
             the
             account
             of
             his
             Ambition
             ,
             that
             he
             thought
             to
             have
             all
             under
             his
             Command
             :
             Which
             was
             a
             Secret
             lurking
             Ambition
             in
             him
             ,
             that
             he
             said
             ,
             he
             always
             suspected
             the
             Duke
             to
             be
             guilty
             of
             .
             And
             now
             he
             found
             his
             suspitions
             true
             .
             That
             unless
             he
             might
             Command
             all
             ,
             he
             would
             do
             nothing
             .
             But
             for
             his
             part
             since
             he
             found
             the
             matter
             so
             ,
             he
             was
             resolved
             to
             go
             on
             alone
             rather
             than
             fail
             in
             his
             Design
             .
             Said
             I
             ,
             my
             Lord
             ,
             I
             should
             be
             very
             forward
             to
             concurr
             with
             you
             in
             any
             thing
             ;
             but
             I
             wonder
             your
             Lordship
             should
             step
             into
             an
             Action
             of
             such
             danger
             thus
             divided
             from
             those
             that
             are
             most
             likely
             to
             assist
             you
             in
             it
             .
             I
             cannot
             help
             it
             ,
             said
             he
             ,
             I
             have
             left
             my
             House
             and
             must
             go
             on
             .
             My
             Lord
             ,
             said
             I
             ,
             pray
             give
             me
             leave
             to
             go
             to
             the
             Duke
             of
             Monmouth
             and
             expostulate
             the
             matter
             with
             him
             and
             I
             will
             come
             and
             give
             you
             an
             accompt
             again
             .
             Says
             he
             ,
             't
             is
             to
             no
             purpose
             ,
             I
             dare
             say
             .
             Said
             I
             ,
             my
             Lord
             ,
             pray
             let
             me
             go
             and
             try
             ,
             for
             I
             would
             not
             have
             you
             divided
             ,
             but
             I
             will
             promise
             you
             this
             ,
             I
             will
             not
             tell
             him
             I
             come
             from
             you
             ,
             but
             as
             from
             my self
             discourse
             it
             with
             the
             Duke
             .
             Well
             ,
             said
             he
             ,
             if
             you
             will
             you
             may
             .
             This
             was
             upon
             Tuesday
             ,
             I
             think
             the
             3
             d.
             of
             October
             ,
             the
             3
             d.
             or
             4
             th
             .
             So
             I
             went
             to
             the
             Duke
             of
             Monmouth
             the
             next
             day
             which
             was
             Wednesday
             ,
             and
             finding
             him
             not
             at
             home
             at
             his
             House
             in
             Sohoe
             ,
             and
             being
             told
             he
             was
             at
             Moor-Park
             ,
             I
             took
             an
             Occasion
             to
             go
             to
             Moor-Park
             ,
             and
             I
             came
             there
             a
             little
             after
             Dinner
             ,
             and
             took
             him
             aside
             ,
             and
             told
             him
             all
             this
             that
             I
             now
             have
             spoken
             about
             my
             Lord
             of
             Shaftsbury
             .
             Says
             he
             ,
             I
             think
             the
             Man
             is
             mad
             ,
             What
             does
             he
             mean
             ?
             We
             did
             undertake
             to
             do
             this
             't
             is
             true
             ;
             but
             not
             by
             that
             time
             he
             speaks
             of
             ,
             and
             things
             are
             not
             ready
             ,
             I
             know
             not
             what
             his
             own
             Fears
             make
             him
             do
             ;
             but
             he
             does
             act
             so
             preposterously
             that
             he
             will
             undo
             us
             all
             .
             Said
             I
             ,
             my
             Lord
             ,
             all
             that
             I
             shall
             desire
             is
             ,
             that
             there
             may
             be
             an
             interview
             betwixt
             you
             ,
             and
             discourse
             the
             thing
             with
             one
             another
             ,
             or
             else
             it
             may
             be
             a
             thing
             of
             very
             fatal
             Consequence
             for
             him
             to
             step
             into
             an
             Action
             of
             this
             danger
             and
             concern
             while
             you
             are
             thus
             divided
             .
             With
             all
             my
             Heart
             ,
             says
             the
             Duke
             ,
             I
             would
             have
             nothing
             more
             ,
             I
             desire
             to
             speak
             with
             him
             .
             This
             made
             me
             recoil
             back
             again
             to
             my
             Lord
             of
             Shaftsbury
             the
             next
             day
             ,
             and
             I
             told
             him
             all
             this
             ,
             and
             desired
             he
             would
             give
             a
             meeting
             ,
             says
             he
             ,
             I
             see
             they
             are
             false
             then
             to
             say
             they
             did
             not
             engage
             ,
             they
             were
             engaged
             ,
             and
             that
             against
             this
             time
             too
             ,
             the
             Confirmation
             and
             Swearing
             of
             the
             Sheriffs
             ;
             and
             now
             for
             me
             to
             meet
             with
             them
             ,
             I
             know
             I
             shall
             run
             out
             into
             Passion
             and
             Anger
             ,
             and
             therefore
             't
             is
             better
             omitted
             .
             Said
             I
             ,
             my
             Lord
             ,
             I
             must
             positively
             insist
             upon
             it
             .
             I
             must
             have
             an
             interview
             between
             you
             ,
             for
             't
             is
             a
             Madness
             for
             you
             to
             go
             on
             thus
             divided
             in
             so
             great
             a
             Business
             .
             I
             could
             not
             prevail
             ,
             he
             would
             not
             ;
             but
             he
             told
             me
             ,
             if
             I
             would
             I
             might
             go
             to
             them
             from
             him
             ,
             and
             let
             them
             know
             I
             had
             been
             with
             him
             ;
             (
             for
             before
             I
             pretended
             to
             have
             it
             from
             a
             third
             hand
             ,
             and
             not
             from
             my
             Lord
             himself
             ,
             )
             and
             if
             they
             would
             be
             in
             a
             Readiness
             with
             what
             they
             promised
             from
             the
             Countrey
             ,
             he
             would
             ask
             nothing
             from
             the
             City
             ,
             he
             would
             take
             that
             place
             upon
             himself
             ,
             if
             they
             would
             perform
             their
             engagement
             for
             other
             Parts
             ;
             but
             he
             resolved
             to
             go
             on
             .
             So
             I
             went
             to
             the
             Duke
             of
             
             Monmouth's
             again
             ,
             and
             told
             him
             ,
             what
             he
             said
             ,
             That
             I
             could
             not
             by
             any
             means
             get
             him
             to
             an
             interview
             .
             Says
             the
             Duke
             ,
             he
             is
             a
             strange
             Man
             ,
             I
             know
             not
             what
             to
             do
             with
             him
             ,
             we
             
             will
             all
             be
             in
             Readiness
             assoon
             as
             we
             can
             ;
             but
             it
             is
             impossible
             to
             do
             it
             so
             soon
             .
             I
             went
             to
             my
             Lord
             of
             Shaftsbury
             again
             on
             the
             Saturday
             ,
             and
             did
             then
             positively
             engage
             him
             that
             he
             would
             give
             a
             Meeting
             to
             me
             ,
             and
             the
             Duke
             of
             Monmouth
             ,
             and
             some
             others
             .
             And
             we
             appointed
             time
             and
             place
             ,
             he
             appointed
             to
             come
             out
             in
             a
             Parsons
             Habit
             ,
             and
             a
             black
             Perrywig
             to
             his
             own
             House
             ,
             which
             he
             thought
             the
             safest
             place
             ,
             because
             he
             would
             not
             discover
             his
             Lodging
             to
             any
             of
             them
             for
             fear
             it
             should
             come
             to
             be
             known
             .
             With
             these
             Instructions
             I
             came
             to
             the
             Duke
             of
             Monmouth
             to
             prepare
             him
             about
             it
             ,
             and
             proffered
             him
             to
             be
             ready
             the
             next
             day
             at
             Evening
             with
             my
             Lord
             Russel
             to
             go
             to
             him
             .
             All
             this
             while
             I
             had
             not
             spoken
             to
             my
             Lord
             Russel
             ,
             but
             only
             to
             the
             Duke
             of
             Monmouth
             .
             And
             the
             next
             day
             when
             I
             came
             from
             Church
             to
             my
             own
             House
             ,
             there
             met
             me
             a
             Message
             from
             Colonel
             Romsey
             ,
             who
             I
             understood
             by
             my
             Servants
             had
             been
             there
             ,
             and
             left
             his
             Name
             .
             With
             this
             Message
             ,
             that
             he
             came
             to
             tell
             me
             the
             Gentleman
             that
             was
             to
             meet
             could
             not
             meet
             .
             This
             was
             so
             confused
             a
             matter
             that
             I
             was
             Impatient
             till
             I
             knew
             the
             meaning
             of
             it
             .
             I
             took
             my
             Coach
             and
             went
             directly
             to
             the
             Duke
             of
             Monmouths
             again
             ,
             and
             he
             told
             me
             Colonel
             Romsey
             had
             been
             with
             him
             and
             told
             him
             ,
             my
             Lord
             of
             Shaftsbury
             was
             apprehensive
             there
             were
             a
             great
             many
             Tories
             about
             his
             House
             ,
             and
             he
             feared
             being
             discovered
             ,
             and
             therefore
             had
             remov'd
             his
             Lodging
             ,
             and
             so
             could
             not
             meet
             ;
             but
             we
             should
             hear
             from
             him
             in
             two
             or
             three
             days
             .
             So
             that
             was
             the
             last
             time
             that
             I
             saw
             my
             Lord
             of
             Shaftsbury
             ,
             or
             indeed
             in
             a
             direct
             Line
             did
             hear
             from
             him
             ;
             collaterally
             by
             Walcott
             I
             did
             afterwards
             hear
             ;
             but
             by
             this
             means
             we
             were
             at
             a
             loss
             .
             After
             this
             the
             Duke
             of
             Monmouth
             did
             tell
             me
             (
             for
             he
             did
             not
             own
             to
             me
             that
             he
             saw
             him
             ,
             but
             indeed
             swore
             to
             me
             he
             did
             not
             see
             him
             ;
             but
             I
             find
             since
             he
             (
             did
             .
             That
             he
             would
             do
             what
             he
             could
             to
             prevent
             any
             untimely
             dangerous
             undertaking
             .
             But
             after
             this
             it
             seems
             they
             had
             a
             Meeting
             at
             Mr.
             Shepherds
             House
             ,
             where
             my
             Lord
             Shaftsbury
             sent
             a
             Message
             to
             him
             and
             my
             Lord
             Russel
             ;
             but
             the
             Duke
             of
             Monmouth
             only
             told
             me
             that
             my
             Lord
             Russel
             had
             met
             with
             him
             ,
             and
             seen
             him
             ;
             but
             he
             never
             owned
             that
             he
             had
             met
             him
             himself
             ,
             or
             seen
             him
             .
             About
             four
             or
             five
             days
             after
             ,
             Captain
             Walcott
             came
             to
             me
             ,
             and
             told
             me
             such
             a
             day
             was
             set
             for
             the
             Riseing
             .
             Upon
             which
             being
             startl'd
             ,
             I
             had
             nothing
             to
             do
             ,
             but
             recoyl
             back
             to
             the
             Duke
             of
             Monmouth
             ,
             and
             endeavour
             to
             stop
             any
             rash
             Proceedings
             ,
             and
             it
             was
             stopped
             as
             I
             thought
             ,
             and
             so
             it
             continued
             for
             two
             or
             three
             days
             ,
             and
             at
             that
             time
             ,
             which
             was
             in
             October
             there
             was
             a
             Rumor
             up
             and
             down
             whispered
             as
             if
             something
             would
             be
             attempted
             ;
             but
             what
             it
             was
             we
             did
             not
             know
             ,
             but
             thus
             it
             went
             on
             for
             two
             or
             three
             days
             ,
             and
             then
             it
             meeting
             with
             a
             disappointment
             upon
             the
             Consultation
             at
             Mr.
             Shepherds
             ,
             my
             Lord
             Shaftsbury
             took
             up
             his
             Resolution
             to
             be
             gone
             ,
             and
             went
             away
             to
             Holland
             ,
             and
             dyed
             in
             Holland
             .
             This
             is
             the
             Substance
             of
             that
             accompt
             which
             I
             can
             give
             of
             those
             former
             Transactions
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Now
             give
             an
             Accompt
             of
             what
             was
             subsequent
             to
             this
             .
          
        
         
           
             Lord
             Howard
             ,
          
           
             This
             was
             in
             November
             .
             After
             this
             there
             being
             frequent
             Conferences
             between
             Colonel
             Sidney
             and
             me
             ;
             for
             Colonel
             Sidney
             by
             the
             way
             knew
             nothing
             of
             all
             this
             ,
             and
             I
             was
             caution'd
             by
             my
             Lord
             Shaftsbury
             that
             I
             should
             not
             tell
             my
             Friend
             Sidney
             any
             thing
             of
             it
             ,
             and
             asking
             him
             the
             reason
             ,
             why
             I
             should
             not
             ?
             Says
             he
             ,
             I
             can't
             well
             tell
             ;
             
             but
             you
             will
             wonder
             when
             I
             tell
             you
             that
             his
             own
             Friend
             
               Major
               Wildman
            
             has
             barred
             him
             and
             would
             not
             let
             him
             know
             it
             .
             The
             Gentleman
             is
             now
             dead
             ;
             but
             I
             will
             assure
             you
             he
             did
             know
             nothing
             of
             this
             for
             a
             Month
             after
             :
             For
             he
             was
             gone
             into
             the
             Countrey
             ;
             but
             after
             my
             Lord
             Shaftsbury
             was
             dead
             ,
             I
             told
             him
             the
             History
             of
             all
             these
             Transactions
             ,
             which
             he
             was
             before
             a
             Stranger
             to
             .
             After
             this
             ,
             when
             I
             had
             acquainted
             him
             with
             what
             had
             been
             intended
             in
             London
             ,
             and
             what
             Preparations
             had
             been
             made
             ,
             and
             how
             what
             was
             intended
             had
             been
             suppressed
             ,
             and
             in
             what
             posture
             affairs
             then
             stood
             .
             We
             then
             took
             up
             a
             Resolution
             to
             form
             a
             Council
             that
             might
             for
             the
             time
             to
             come
             give
             such
             Directions
             as
             might
             regulate
             the
             Motions
             of
             this
             Affair
             .
             Thereupon
             we
             began
             to
             think
             of
             the
             Persons
             who
             they
             should
             be
             .
             He
             undertook
             to
             speak
             to
             my
             Lord
             of
             Essex
             and
             Mr.
             Hambden
             ,
             and
             I
             was
             to
             bring
             the
             Duke
             of
             Monmouth
             to
             a
             right
             Understanding
             with
             him
             in
             it
             .
             So
             I
             went
             to
             the
             Duke
             of
             Monmouth
             ,
             and
             told
             him
             Col.
             Sidney
             did
             present
             his
             Service
             to
             him
             ,
             and
             would
             willingly
             wait
             on
             him
             ,
             but
             that
             he
             thought
             it
             would
             do
             him
             hurt
             ,
             because
             he
             was
             a
             person
             of
             such
             Note
             ,
             and
             thereupon
             so
             obnoxious
             that
             it
             might
             prejudice
             him
             to
             have
             him
             seen
             to
             come
             to
             him
             ;
             and
             therefore
             if
             his
             Grace
             would
             please
             to
             appoint
             any
             third
             place
             ,
             he
             should
             be
             very
             glad
             to
             kiss
             his
             Hand
             .
             Says
             the
             Duke
             ,
             I
             do
             not
             know
             any
             where
             truly
             to
             appoint
             .
             Why
             then
             ,
             said
             I
             ,
             I
             will
             tell
             you
             a
             place
             :
             Let
             us
             e'en
             go
             to
             his
             House
             (
             having
             before
             prepared
             Colonel
             Sidney
             for
             it
             )
             and
             take
             him
             by
             Surprise
             and
             dine
             with
             him
             ,
             and
             then
             there
             will
             be
             the
             less
             Suspicion
             .
             But
             ,
             said
             I
             ,
             you
             must
             not
             expect
             to
             be
             treated
             as
             the
             Duke
             of
             Monmouth
             ,
             because
             he
             does
             not
             expect
             you
             ;
             but
             take
             him
             as
             a
             Philosopher
             ,
             and
             dine
             with
             him
             as
             he
             uses
             to
             dine
             at
             his
             own
             Table
             .
             Says
             the
             Duke
             of
             Monmouth
             ,
             I
             care
             not
             for
             Entertainment
             ;
             I
             will
             go
             with
             you
             :
             And
             there
             at
             that
             time
             did
             the
             Duke
             of
             Monmouth
             undertake
             to
             bring
             in
             my
             Lord
             Russel
             and
             my
             Lord
             of
             Salisbury
             .
             This
             was
             the
             only
             Discourse
             preparatory
             to
             it
             that
             ever
             I
             knew
             of
             .
             Within
             a
             Fortnight
             or
             three
             Weeks
             after
             ;
             nay
             ,
             I
             think
             it
             was
             less
             than
             Ten
             Days
             after
             ,
             Colonel
             Sidney
             came
             to
             me
             ,
             and
             told
             me
             ,
             my
             Lord
             of
             Essex
             was
             very
             forward
             in
             it
             .
             The
             Duke
             of
             Monmouth
             would
             prepare
             my
             Lord
             Russel
             ,
             and
             my
             Lord
             Salisbury
             ;
             and
             he
             himself
             did
             not
             doubt
             but
             Mr.
             Hambden
             was
             very
             willing
             to
             be
             in
             it
             too
             ;
             and
             they
             had
             appointed
             a
             Meeting
             at
             Mr.
             
             Hambden's
             House
             ,
             and
             he
             would
             carry
             me
             thither
             to
             the
             House
             ;
             and
             this
             was
             the
             first
             Meeting
             that
             I
             knew
             of
             ;
             and
             there
             we
             met
             all
             Six
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             About
             what
             time
             was
             that
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             It
             was
             about
             the
             middle
             of
             January
             ;
             and
             truly
             I
             think
             I
             could
             reduce
             it
             to
             a
             certain
             day
             or
             two
             by
             the
             persons
             where
             I
             lodged
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             was
             debated
             there
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             When
             we
             came
             there
             every
             one
             discoursed
             what
             he
             would
             .
             There
             was
             a
             Discourse
             of
             the
             Time
             and
             Places
             where
             to
             rise
             ;
             but
             among
             other
             things
             it
             was
             resolved
             as
             a
             principal
             Point
             ,
             that
             there
             should
             be
             a
             Preparation
             made
             for
             the
             Design
             ,
             by
             a
             Treaty
             with
             those
             of
             Scotland
             ,
             and
             an
             Understanding
             setled
             with
             Argyle
             ,
             and
             a
             Messenger
             sent
             to
             my
             Lord
             Argyle
             and
             others
             .
             And
             before
             this
             was
             done
             ,
             we
             could
             not
             be
             ripe
             for
             any
             Resolution
             :
             But
             this
             must
             be
             speedily
             done
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             Pray
             ,
             my
             Lord
             ,
             give
             me
             your
             Favour
             ,
             I
             would
             not
             interrupt
             
             you
             ;
             but
             to
             make
             things
             clear
             as
             we
             go
             ,
             I
             desire
             to
             ask
             you
             ,
             when
             you
             came
             first
             to
             Mr.
             
             Hambden's
             House
             ,
             who
             spake
             first
             ,
             when
             you
             were
             all
             met
             together
             ?
          
        
         
           
             Lord
             Howard
             ,
          
           
             Every
             body
             discoursed
             what
             they
             pleased
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             But
             who
             gave
             an
             Account
             of
             the
             Reason
             of
             the
             Meeting
             ?
             Will
             you
             please
             to
             recollect
             ,
             and
             tell
             what
             you
             know
             who
             began
             the
             Discourse
             ?
          
        
         
           
             Lord
             Howard
             .
          
           
             Something
             introductive
             to
             it
             was
             said
             by
             Mr.
             Hambden
             ,
             we
             being
             at
             his
             House
             ,
             as
             't
             is
             natural
             to
             conceive
             for
             any
             Gentleman
             at
             whose
             House
             People
             are
             met
             ,
             to
             say
             ,
             Pray
             let
             us
             sit
             down
             ,
             and
             talk
             of
             our
             Business
             .
             Something
             leading
             and
             introductive
             was
             said
             by
             him
             .
          
        
         
           
             L.
             
               Ch.
               Just
            
             .
          
           
             Pray
             ,
             my
             Lord
             ,
             as
             near
             as
             you
             can
             remember
             ,
             will
             you
             give
             an
             Account
             what
             was
             the
             thing
             he
             began
             to
             discourse
             of
             ?
             Did
             he
             seem
             to
             take
             any
             Notice
             ,
             or
             have
             any
             Knowledge
             of
             your
             Meeting
             ,
             and
             other
             things
             before
             ?
          
        
         
           
             Lord
             Howard
             ,
          
           
             It
             was
             a
             general
             Hint
             and
             Intimation
             to
             us
             of
             the
             Ends
             of
             our
             Meeting
             ,
             that
             we
             were
             there
             come
             to
             consult
             and
             advise
             one
             with
             another
             how
             to
             put
             things
             into
             a
             better
             Method
             and
             Posture
             than
             formerly
             :
             And
             he
             desired
             that
             we
             would
             sit
             down
             and
             discourse
             of
             these
             things
             .
             My
             Lord
             ,
             I
             would
             not
             charge
             my self
             with
             Particulars
             positively
             .
          
        
         
           
             Mr.
             
               Attorn
               .
               Gen.
            
             
          
           
             Upon
             what
             Questions
             did
             you
             debate
             and
             consult
             ,
             my
             Lord
             ?
          
        
         
           
             Lord
             Howard
             ,
          
           
             Those
             were
             started
             severally
             .
             Some
             would
             speak
             of
             the
             Time
             when
             it
             should
             be
             ,
             whether
             it
             were
             not
             convenient
             now
             or
             when
             ?
             Others
             offered
             something
             concerning
             the
             Places
             ,
             whether
             it
             should
             be
             begun
             in
             the
             City
             or
             in
             the
             Country
             ,
             or
             both
             together
             .
             Others
             took
             it
             into
             Consideration
             what
             Persons
             were
             to
             be
             prepared
             in
             the
             several
             Countreys
             to
             be
             assisting
             in
             it
             that
             were
             probable
             to
             carry
             it
             on
             .
             And
             then
             some
             discoursed
             concerning
             the
             raising
             of
             Money
             ,
             and
             then
             what
             summ
             should
             be
             raised
             ,
             and
             I
             think
             that
             was
             started
             by
             the
             Duke
             of
             Monmouth
             ;
             but
             I
             am
             sure
             the
             summ
             that
             he
             named
             was
             20
             or
             30000
             l.
             The
             last
             thing
             that
             was
             talked
             of
             ,
             but
             which
             was
             concluded
             to
             be
             the
             thing
             principally
             to
             be
             taken
             care
             of
             ,
             was
             the
             setling
             such
             a
             Concurrence
             and
             Correspondence
             with
             Scotland
             that
             they
             might
             chime
             in
             at
             the
             same
             time
             ,
             that
             so
             we
             might
             give
             as
             many
             diversions
             both
             from
             home
             and
             abroad
             as
             could
             be
             at
             one
             and
             the
             same
             time
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             Howard
             ,
             Did
             Mr.
             Hambden
             discourse
             of
             this
             matter
             ?
          
        
         
           
             Lord
             Howard
             ,
          
           
             I
             cannot
             speak
             to
             the
             Discourse
             of
             any
             one
             in
             particular
             ;
             for
             I
             cannot
             say
             it
             was
             put
             to
             the
             Vote
             as
             we
             formerly
             express
             it
             ,
             but
             it
             may
             be
             said
             we
             were
             all
             consenting
             and
             concurring
             .
          
        
         
           
             Lord
             Ch.
             Just
             ,
          
           
             Did
             any
             of
             you
             dissent
             from
             the
             Riseing
             ?
          
        
         
           
             Lord
             Howard
             ,
          
           
             No
             ,
             no
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Did
             any
             of
             you
             oppose
             it
             at
             all
             ?
          
        
         
           
             Lord
             Howard
             ,
          
           
             No
             ,
             no
             ,
             That
             was
             discoursed
             of
             as
             a
             thing
             resolved
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             ask
             you
             this
             Question
             ,
             my
             Lord
             Howard
             ,
             Was
             there
             any
             sort
             of
             Complaint
             made
             of
             the
             Government
             ,
             That
             it
             was
             uneasie
             and
             that
             occasioned
             you
             to
             enter
             into
             these
             debates
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             There
             was
             I
             cannot
             say
             a
             Complaint
             ,
             because
             there
             was
             no
             Person
             to
             complain
             to
             ;
             but
             it
             was
             spoken
             of
             as
             a
             matter
             of
             great
             grievance
             ,
             
             that
             such
             a
             Force
             and
             Violence
             should
             be
             put
             upon
             the
             City
             in
             their
             Election
             of
             Officers
             ,
             and
             the
             tendency
             of
             that
             as
             to
             all
             Juryes
             tho'
             I
             cannot
             distinctly
             remember
             the
             particular
             things
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             say
             you
             were
             talking
             of
             a
             Messenger
             to
             be
             sent
             into
             Scotland
             to
             my
             Lord
             of
             Argyle
             and
             others
             to
             chime
             in
             with
             you
             in
             this
             matter
             as
             you
             say
             ,
             pray
             did
             you
             come
             to
             any
             Resolution
             about
             that
             ,
             and
             what
             did
             you
             resolve
             upon
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             That
             there
             should
             be
             one
             only
             at
             that
             time
             .
             And
             afterwards
             it
             was
             the
             matter
             of
             the
             debate
             at
             the
             next
             Meeting
             ,
             which
             was
             that
             Meeting
             at
             my
             Lord
             Russels
             ,
             which
             was
             about
             this
             time
             twelve-month
             in
             February
             sometime
             .
          
        
         
           
             Mr.
             
               A.
               Gen.
            
             
          
           
             How
             long
             after
             the
             first
             Meeting
             at
             Mr.
             
             Hambden's
             was
             that
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             My
             Lord
             ,
             I
             think
             it
             was
             about
             a
             fortnight
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Who
             was
             there
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             The
             same
             Persons
             that
             met
             before
             .
             But
             then
             there
             was
             little
             spoken
             of
             but
             the
             Business
             of
             Scotland
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Was
             Mr.
             Hambden
             there
             at
             the
             second
             Meeting
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             He
             was
             there
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             At
             my
             Lord
             Russels
             you
             say
             it
             was
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             Yes
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             Resolution
             did
             you
             come
             to
             then
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             Then
             we
             came
             to
             a
             Resolution
             that
             some
             Body
             should
             be
             sent
             ,
             and
             we
             began
             to
             discourse
             who
             was
             sit
             ,
             and
             Col.
             Sidney
             he
             propounded
             
               Aaron
               Smith
            
             ,
             to
             some
             of
             the
             Company
             he
             was
             known
             ,
             to
             others
             not
             ;
             but
             those
             that
             did
             know
             him
             did
             approve
             of
             him
             as
             a
             fit
             Person
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             To
             whose
             Province
             was
             that
             comitted
             of
             sending
             this
             Person
             into
             Scotland
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             Col.
             Sidney
             undertook
             it
             himself
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Did
             the
             rest
             consent
             to
             it
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             Yes
             ,
             no
             body
             did
             oppose
             it
             ;
             but
             left
             it
             to
             him
             .
          
        
         
           
             L.
             
               C.
               J.
            
             
          
           
             Did
             you
             Name
             the
             Person
             then
             that
             was
             to
             go
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             He
             was
             not
             so
             named
             as
             to
             be
             with
             any
             solemnity
             approved
             or
             disproved
             ;
             but
             it
             was
             left
             to
             Col.
             Sidney
             to
             manage
             it
             ,
             and
             he
             naming
             Smith
             as
             a
             fit
             Person
             (
             he
             told
             us
             that
             by
             the
             by
             not
             to
             put
             it
             to
             the
             Question
             for
             our
             Approbation
             )
             and
             some
             of
             us
             knew
             the
             Person
             ,
             others
             did
             not
             .
             I
             was
             one
             that
             did
             know
             him
             ,
             and
             did
             think
             him
             a
             very
             fit
             Man
             to
             send
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             ,
             my
             Lord
             ,
             who
             was
             the
             Person
             ?
             Be
             pleased
             to
             tell
             the
             Jury
             so
             as
             they
             may
             know
             it
             .
          
        
         
           
             L.
             Howard
             ,
          
           
             
               Aaron
               Smith
            
             .
          
        
         
           
             Mr.
             
               J.
               Withins
            
             ,
          
           
             Had
             you
             any
             discourse
             with
             Col.
             Sidney
             ,
             my
             Lord
             ,
             afterwards
             that
             he
             was
             sent
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             Yes
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             give
             an
             account
             of
             that
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             About
             three
             or
             four
             days
             after
             this
             Meeting
             at
             my
             Lord
             Russels
             ,
             I
             went
             to
             Visit
             Col.
             Sidney
             at
             his
             House
             ,
             and
             while
             I
             was
             there
             in
             the
             Room
             ,
             he
             went
             to
             his
             Cabinet
             ,
             and
             out
             of
             a
             Drawer
             where
             there
             was
             five
             or
             six
             hundred
             pound
             in
             Gold
             as
             I
             could
             guess
             ,
             he
             took
             a
             good
             many
             pieces
             ,
             I
             do
             not
             know
             directly
             how
             many
             ;
             but
             he
             took
             out
             so
             many
             as
             he
             said
             was
             threescore
             Guineys
             that
             he
             was
             going
             to
             carry
             to
             
               Aaron
               Smith
            
             ,
             I
             went
             not
             in
             my
             own
             Coach
             ,
             and
             therefore
             went
             away
             with
             him
             in
             his
             Coach
             ,
             and
             he
             set
             me
             down
             at
             
               Southampton
               Street
            
             at
             my
             own
             Lodging
             .
             I
             went
             no
             further
             ,
             but
             he
             did
             ,
             and
             he
             told
             me
             afterwards
             it
             was
             conveyed
             to
             him
             ,
             and
             that
             he
             did
             go
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             How
             long
             was
             that
             after
             your
             second
             Meeting
             at
             my
             Lord
             Russels
             where
             you
             say
             you
             intrusted
             Col.
             Sidney
             to
             send
             one
             into
             Scotland
             ?
          
        
         
           
             L.
             Howard
             ,
          
           
             I
             think
             it
             may
             be
             less
             then
             a
             Week
             ,
             four
             or
             five
             days
             ,
             that
             I
             saw
             him
             carry
             the
             Money
             .
             After
             this
             he
             said
             ,
             he
             had
             given
             him
             this
             Money
             ,
             and
             was
             gone
             :
             And
             when
             he
             was
             dispatched
             ,
             in
             a
             Week
             after
             I
             was
             making
             enquiries
             after
             him
             ,
             and
             Col.
             Sidney
             said
             ,
             he
             had
             not
             heard
             of
             him
             since
             he
             went
             away
             ;
             but
             about
             a
             fortnight
             or
             three
             Weeks
             Col.
             Sidney
             said
             he
             had
             heard
             of
             him
             ,
             That
             he
             was
             at
             New-Castle
             and
             stay'd
             there
             ;
             but
             he
             wondered
             he
             could
             hear
             no
             more
             of
             him
             .
             I
             then
             went
             into
             Essex
             ,
             and
             when
             I
             came
             back
             from
             thence
             ,
             he
             told
             me
             ,
             he
             was
             come
             ,
             but
             I
             had
             never
             seen
             him
             ,
             not
             to
             this
             day
             ,
             indeed
             I
             had
             once
             appointed
             a
             Meeting
             with
             him
             at
             Mr.
             
             West's
             Chamber
             ;
             but
             something
             or
             other
             happened
             ,
             we
             did
             not
             meet
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             We
             have
             done
             with
             my
             Lord
             Howard
             ,
             if
             they
             will
             ask
             him
             any
             Questions
             they
             may
             .
          
        
         
           
             L.
             Ch.
             J.
             
          
           
             They
             know
             their
             time
             ,
             when
             the
             Kings
             Attorney
             has
             done
             with
             any
             Witness
             then
             they
             may
             examine
             him
             ,
             if
             they
             please
             .
             If
             they
             will
             not
             call
             your
             other
             Witnesses
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Will
             you
             ask
             him
             any
             Questions
             ?
          
        
         
           
             Mr.
             Jones
             .
          
           
             No
             ,
             no
             ,
             by
             advice
             they
             are
             to
             ask
             him
             nothing
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             We
             shall
             give
             your
             Lordship
             and
             the
             Jury
             an
             account
             in
             the
             next
             place
             ,
             that
             we
             have
             traced
             
               Aaron
               Smith
            
             into
             Scotland
             .
             And
             for
             that
             we
             shall
             call
             some
             Witnesses
             which
             indeed
             we
             did
             not
             produce
             before
             at
             any
             Tryal
             ,
             because
             we
             had
             not
             then
             discovered
             so
             much
             .
             We
             shall
             bring
             you
             the
             Person
             at
             whose
             House
             he
             lay
             at
             New-Castle
             ,
             and
             the
             very
             Messenger
             that
             was
             sent
             with
             him
             to
             conduct
             him
             a
             by-way
             into
             Scotland
             .
             Call
             Sheriffe
             and
             Bell.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Look
             you
             Gentlemen
             ,
             You
             that
             are
             at
             the
             Bar
             ,
             there
             you
             must
             let
             the
             Jury
             stand
             by
             themselves
             .
             I
             see
             there
             are
             a
             great
             many
             others
             intermingled
             with
             them
             ,
             and
             you
             Gentlemen
             of
             the
             Jury
             ,
             If
             any
             whisperer
             talk
             to
             you
             ,
             we
             expect
             that
             you
             should
             tell
             us
             who
             they
             are
             ;
             for
             we
             will
             suffer
             no
             remarks
             to
             be
             made
             but
             what
             are
             openly
             made
             to
             the
             Court
             ,
             and
             the
             Jury
             by
             the
             Counsel
             of
             both
             sides
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Swear
             Sheriffe
             and
             Bell
             
               which
               was
               done
            
          
        
         
           
             M.
             Williams
             ,
          
           
             What
             is
             this
             Man's
             Name
             Mr.
             Att.
             ?
             Friend
             what
             is
             your
             Name
             ?
             Witness
             ,
             My
             Name
             is
             Sheriffe
             ,
          
        
         
           
             Mr.
             
               At.
               Gen.
            
             
          
           
             Pray
             give
             my
             Lord
             and
             the
             Jury
             an
             account
             What
             you
             know
             of
             any
             Person
             that
             lay
             at
             your
             house
             some
             time
             since
             and
             whether
             you
             have
             seen
             him
             since
             ?
             My
             Lord
             this
             Gentleman
             did
             not
             know
             
               Aaron
               Smith
            
             before
             ,
             and
             therefore
             I
             desire
             Mr.
             Atterbury
             may
             be
             called
             and
             examined
             again
             .
             Mr.
             Atterbury
             ,
             do
             you
             know
             
               Aaron
               Smith
            
             ?
          
        
         
           
             Mr.
             Atterbury
             ,
          
           
             Yes
             ,
             I
             know
             him
             very
             well
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Had
             this
             Gentleman
             a
             view
             of
             
               Aaron
               Smith
            
             ?
          
        
         
           
             Mr.
             Atterbury
             ,
          
           
             Yes
             ,
             he
             had
             .
             He
             was
             brought
             where
             
               Aaron
               Smith
            
             was
             ,
             and
             this
             other
             Person
             was
             by
             before
             him
             too
             ,
             and
             I
             was
             by
             when
             they
             had
             a
             view
             of
             him
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Now
             pray
             give
             an
             accompt
             what
             you
             know
             of
             the
             man
             you
             saw
             ?
          
        
         
           
             Mr.
             
               Sol.
               Gen.
            
             
          
           
             Where
             is
             
               Aaron
               Smith
            
             ?
          
        
         
           
             Mr.
             Atterbury
             ,
          
           
             He
             is
             in
             the
             Kings
             Bench
             Prison
             ,
             and
             he
             was
             brought
             by
             
               Habeas
               Corpus
            
             to
             White-hall
             before
             the
             King.
             where
             these
             two
             persons
             were
             brought
             likewise
             ,
             and
             there
             this
             man
             Sheriffe
             did
             own
             that
             
               Aaron
               Smith
            
             was
             the
             man
             that
             was
             at
             his
             house
             ;
             and
             the
             other
             Bell
             owned
             that
             he
             travelled
             towards
             Scotland
             with
             him
             ,
             and
             that
             he
             was
             hired
             to
             shew
             him
             the
             way
             into
             Scotland
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Did
             
               Aaron
               Smith
            
             say
             any
             thing
             ?
          
        
         
           
             Mr.
             Atterbury
             ,
          
           
             He
             would
             not
             Answer
             any
             thing
             at
             all
             ,
             nor
             say
             a
             word
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             give
             an
             account
             Mr.
             Sheriffe
             ,
             who
             it
             was
             that
             lay
             at
             your
             House
             ,
             and
             when
             it
             was
             ,
             and
             what
             he
             said
             was
             his
             Business
             ,
             and
             by
             what
             name
             he
             went
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Indeed
             his
             Business
             I
             did
             not
             know
             ;
             but
             he
             was
             at
             our
             House
             about
             the
             middle
             of
             February
             ,
             it
             was
             there
             abouts
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             was
             it
             ?
             what
             February
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             The
             last
             February
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             You
             say
             he
             was
             at
             your
             House
             last
             February
             ,
             pray
             tell
             the
             Court
             where
             that
             is
             ?
          
        
         
           
             Mr.
             Sheriff
             ,
          
           
             At
             New-castle
             .
          
        
         
           
             Mr.
             
               Att.
               Gen
            
             ,
          
           
             Do
             you
             keep
             any
             Inn
             there
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Yes
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             Sign
             ?
          
        
         
           
             Mr.
             Sheriffe
             .
          
           
             The
             Sign
             of
             the
             
               Black-spread
               Eagle
            
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             And
             what
             did
             he
             do
             there
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             He
             stayed
             there
             one
             Night
             and
             went
             away
             ,
             and
             returned
             again
             in
             twelve
             days
             or
             thereabouts
             ,
             and
             came
             to
             my
             House
             again
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Whither
             did
             he
             go
             from
             you
             ?
          
        
         
           
             Mr.
             Sheriffe
             .
          
           
             He
             went
             Southward
             as
             I
             suppose
             ,
             I
             know
             no
             further
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             But
             when
             he
             first
             came
             to
             your
             House
             ,
             which
             way
             went
             he
             ?
          
        
         
           
             Mr.
             Sheriffe
             .
          
           
             He
             went
             Northward
             towards
             Scotland
             ,
             as
             he
             himself
             said
             ,
             And
             desired
             to
             have
             one
             to
             shew
             him
             the
             way
             :
             And
             I
             sent
             for
             this
             Man
             ,
             and
             when
             he
             came
             to
             him
             he
             hired
             him
             to
             go
             with
             him
             ,
             and
             I
             was
             by
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             When
             he
             first
             came
             to
             your
             house
             about
             the
             middle
             of
             February
             was
             twelve
             month
             ,
             Whither
             was
             he
             bound
             then
             ,
             Northward
             or
             Southward
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             He
             was
             going
             to
             Scotland
             ,
             that
             is
             Northward
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             And
             you
             say
             after
             he
             came
             back
             again
             ,
             and
             lay
             another
             Night
             at
             your
             house
             .
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Yes
             ,
             ten
             or
             twelve
             days
             after
             he
             did
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             And
             which
             way
             went
             he
             then
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Then
             he
             came
             Southwards
             towards
             London
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             you
             take
             exact
             notice
             of
             the
             Man
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Yes
             ,
             I
             saw
             him
             before
             his
             Majesty
             and
             the
             Council
             .
          
        
         
           
             
               L
               C.
            
             J.
             
          
           
             And
             upon
             your
             Oath
             that
             same
             man
             you
             saw
             there
             was
             the
             same
             man
             that
             lodged
             at
             your
             house
             in
             February
             was
             12
             month
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Yes
             ,
             it
             is
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             name
             did
             he
             go
             by
             at
             your
             house
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             He
             went
             under
             the
             name
             of
             Mr.
             Clerke
             ,
             but
             what
             his
             Sirname
             was
             I
             can't
             tell
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Had
             he
             a
             servant
             with
             him
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             He
             had
             a
             man
             with
             him
             that
             stay'd
             at
             our
             house
             during
             the
             time
             of
             his
             going
             Northward
             ?
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             did
             he
             call
             his
             name
             .
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             
               Wil.
               Langston
            
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Did
             he
             desire
             you
             to
             furnish
             him
             with
             a
             guide
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             He
             told
             me
             his
             Servant
             did
             not
             know
             the
             way
             ,
             and
             his
             horse
             was
             a
             little
             lamish
             ,
             and
             desired
             me
             to
             get
             a
             guide
             for
             him
             .
             For
             after
             he
             had
             dined
             at
             our
             house
             it
             happened
             to
             be
             a
             rainy
             day
             ,
             and
             he
             could
             not
             go
             further
             that
             night
             ,
             and
             therefore
             desired
             me
             to
             get
             him
             a
             man
             that
             knew
             that
             Countrey
             ,
             and
             I
             sent
             for
             this
             same
             man
             ,
             and
             he
             hired
             him
             ;
             and
             he
             went
             along
             with
             him
             next
             morning
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Whither
             was
             he
             to
             go
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Truly
             I
             did
             not
             know
             ;
             but
             he
             told
             me
             he
             did
             not
             know
             the
             way
             into
             Scotland
             ,
             and
             I
             directed
             him
             to
             a
             Gentlemans
             house
             at
             Jadbrough
             in
             the
             way
             .
          
        
         
           
             Lord
             Ch.
             Just
             .
          
           
             Is
             that
             the
             Road
             to
             Scotland
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             Yes
             ,
             the
             high
             Road
             to
             one
             part
             of
             Scotland
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Did
             he
             tell
             you
             to
             what
             part
             or
             place
             of
             Scotland
             he
             was
             to
             go
             ?
          
        
         
           
             Mr.
             Sheriffe
             ,
          
           
             He
             named
             the
             West
             of
             Scotland
             ,
             I
             think
             he
             named
             Douglas
             ,
             but
             I
             do
             not
             know
             what
             place
             certainly
             he
             designed
             for
             .
          
        
         
           
             Mr.
             
               At.
               Gen.
            
             
          
           
             Then
             where
             is
             Bell
             ?
          
        
         
           
             Bell
             ,
          
           
             Here.
             
          
        
         
           
             Mr.
             
               At.
               Gen.
            
             
          
           
             Had
             you
             a
             view
             of
             this
             man
             they
             call
             
               Aaron
               Smith
            
             ?
          
        
         
           
             Bell
             ,
          
           
             Yes
             ,
             I
             had
             .
          
        
         
           
             Mr.
             
               At.
               Gen.
            
             
          
           
             Give
             an
             accompt
             ,
             whether
             you
             saw
             him
             in
             the
             Northand
             when
             and
             where
             .
          
        
         
           
             Bell
             ,
          
           
             This
             man
             ,
             Mr.
             Sheriffe
             ,
             sent
             for
             me
             .
             I
             live
             at
             New-Castle
             and
             there
             I
             keep
             Hackney
             Horses
             to
             serve
             any
             Gentlemen
             ,
             or
             be
             a
             Guide
             to
             them
             as
             there
             is
             occasion
             ,
             and
             Mr.
             Sheriffe
             sent
             for
             me
             ,
             and
             when
             I
             came
             he
             told
             me
             the
             Gentleman
             wanted
             a
             Guide
             into
             Scotland
             .
             We
             immediately
             agreed
             ,
             it
             was
             upon
             Thursday
             night
             before
             that
             we
             call
             
               Easter
               Eve.
            
             
          
        
         
           
             Lord
             Ch.
             Just
             .
          
           
             When
             was
             it
             say
             you
             ?
          
        
         
           
             Bell
             ,
          
           
             It
             was
             the
             Thursday
             before
             Easters-Even
             ,
             so
             they
             call
             it
             with
             us
             ,
             that
             is
             Shrove-Tuesday
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             they
             call
             it
             so
             in
             those
             places
             ,
             because
             't
             is
             the
             Even
             of
             the
             Fast
             of
             Ash-wednesday
             ,
             the
             beginning
             of
             Lent
             —
             Well
             go
             on
             .
          
        
         
           
             Bell
             ,
          
           
             We
             went
             away
             on
             Friday
             the
             next
             morning
             on
             our
             Journey
             towords
             Jadbrough
             ,
             and
             the
             2d
             day
             which
             was
             Saturday
             in
             the
             afternoon
             my
             horse
             tired
             ,
             whereupon
             he
             left
             me
             with
             my
             horse
             and
             took
             the
             Mans
             man
             of
             the
             house
             where
             he
             left
             me
             to
             guide
             him
             ,
             for
             my
             horse
             would
             not
             ride
             up
             with
             him
             being
             tired
             ,
             and
             he
             resolving
             to
             go
             on
             ,
             and
             he
             bid
             me
             follow
             him
             on
             the
             Sunday
             morning
             to
             Jadbrough
             Town
             ,
             which
             I
             did
             ,
             and
             we
             stayed
             there
             all
             Sunday
             .
             And
             on
             Monday
             morning
             I
             saw
             him
             take
             horse
             and
             another
             man
             that
             was
             his
             guide
             ,
             and
             away
             they
             went
             ,
             as
             I
             think
             ,
             he
             said
             towards
             Douglas
             he
             was
             going
             .
             And
             he
             pay'd
             me
             ,
             and
             I
             returned
             again
             from
             him
             to
             New-Castle
             and
             left
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             how
             far
             was
             this
             ,
             you
             say
             you
             went
             with
             him
             to
             Jadbrough
             ,
             how
             far
             distant
             is
             that
             from
             New-Castle
             ?
          
        
         
           
           
             Bell.
             
          
           
             To
             Jadbrough
             my
             Lord
             ?
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Yes
             .
          
        
         
           
             Bell.
             
          
           
             'T
             is
             Forty
             Miles
             my
             Lord.
             
          
        
         
           
             L.
             C.
             Just
             .
          
           
             How
             near
             Scotland
             is
             it
             ?
          
        
         
           
             Bell.
             
          
           
             'T
             is
             within
             some
             six
             Miles
             of
             the
             English
             Border
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Did
             you
             see
             him
             at
             any
             time
             after
             that
             ?
          
        
         
           
             Bell.
             
          
           
             I
             saw
             him
             at
             his
             coming
             back
             again
             ;
             being
             at
             Sheriffs
             house
             ,
             his
             Wife
             asked
             me
             if
             I
             would
             go
             up
             and
             see
             the
             Gentleman
             that
             I
             went
             with
             towards
             Scotland
             :
             So
             I
             went
             up
             ,
             and
             he
             made
             me
             eat
             and
             drink
             at
             the
             Table
             with
             him
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             Name
             did
             he
             go
             by
             ?
          
        
         
           
             Bell.
             
          
           
             He
             went
             by
             the
             name
             of
             Clerk.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Was
             there
             any
             Servant
             with
             him
             ?
          
        
         
           
             Bell.
             
          
           
             There
             was
             a
             Man
             that
             came
             with
             him
             as
             a
             Servant
             there
             ,
             and
             was
             all
             the
             time
             at
             New-Castle
             ,
             that
             he
             was
             gone
             towards
             Scotland
             ,
             till
             he
             came
             back
             again
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Mr.
             Attorney
             ,
             Did
             this
             Man
             see
             Smith
             at
             the
             time
             the
             other
             saw
             him
             ?
          
        
         
           
             Bell.
             
          
           
             Yes
             ,
             I
             did
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             And
             is
             that
             the
             Man
             that
             went
             by
             the
             name
             of
             Clerk
             at
             New-Castle
             ,
             and
             that
             you
             went
             with
             towards
             Scotland
             ?
          
        
         
           
             Bell.
             
          
           
             Yes
             ,
             It
             is
             .
          
        
         
           
             Mr.
             Atterbury
             .
          
           
             And
             when
             they
             charged
             him
             with
             it
             ,
             
               Aaron
               Smith
            
             did
             not
             deny
             it
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Did
             you
             go
             any
             by-Road
             to
             get
             into
             Scotland
             ?
          
        
         
           
             Bell.
             
          
           
             No
             ,
             't
             is
             the
             Road
             Gentlemen
             usually
             go
             to
             Jadbrough
             ,
             and
             so
             on
             ;
             because
             't
             is
             something
             the
             nearer
             way
             to
             that
             part
             of
             Scotland
             ,
             as
             we
             judge
             it
             to
             be
             ,
             therefore
             Gentlemen
             use
             it
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Is
             it
             an
             high-open-Road
             ?
          
        
         
           
             Bell.
             
          
           
             Yes
             ,
             't
             is
             the
             high-open
             Way
             to
             that
             part
             of
             the
             Country
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             My
             Lord
             Howard
             ,
             Pray
             were
             the
             Names
             of
             any
             of
             the
             Scotch-men
             mentioned
             at
             your
             Meeting
             ,
             that
             were
             to
             be
             sent
             for
             ?
          
        
         
           
             L.
             Howard
             .
          
           
             Yes
             ;
             There
             was
             my
             Lord
             Melvin
             ,
             Sir
             
               John
               Cockram
            
             ,
             and
             one
             Cambell
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Now
             ,
             my
             Lord
             ,
             We
             will
             give
             you
             an
             account
             ,
             That
             as
             Smith
             went
             into
             Scotland
             ,
             so
             these
             persons
             soon
             after
             came
             into
             England
             .
          
        
         
           
             Jury-Man
             .
          
           
             My
             Lord
             ,
             We
             desire
             that
             my
             Lord
             Howard
             would
             name
             those
             Scotch-men
             that
             were
             to
             come
             .
          
        
         
           
             L.
             Howard
             .
          
           
             There
             was
             my
             Lord
             Melvin
             ,
             Sir
             
               John
               Cockram
            
             ,
             and
             one
             Cambel
             ,
             one
             that
             was
             of
             my
             Lord
             Argyles
             Name
             and
             Family
             ;
             and
             there
             was
             another
             Name
             ,
             but
             I
             can't
             remember
             what
             that
             Name
             was
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             We
             shall
             give
             you
             an
             Account
             ,
             my
             Lord
             ,
             That
             they
             came
             immediately
             after
             this
             to
             Town
             ;
             and
             at
             the
             breaking
             out
             of
             the
             Plot
             ,
             they
             Absconded
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Mr.
             Attorney
             ,
             Has
             my
             Lord
             Howard
             his
             Pardon
             ?
          
        
         
           
             Mr.
             Attorney
             .
          
           
             Yes
             ,
             my
             Lord
             ,
             he
             has
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Then
             your
             Lordship
             may
             be
             covered
             .
          
        
         
           
             L.
             Howard
             .
          
           
             I
             can't
             tell
             ,
             but
             they
             may
             ask
             me
             some
             Questions
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Then
             you
             may
             be
             uncovered
             when
             they
             ask
             them
             ,
             in
             the
             mean
             time
             your
             Lordship
             may
             be
             covered
             .
             Swear
             Sir
             
               Andrew
               Foster
            
             
               which
               was
               done
               .
            
             Pray
             Sir
             ,
             will
             you
             tell
             my
             Lord
             and
             the
             Jury
             what
             you
             know
             about
             the
             
             Cambell's
             ,
             and
             Sir
             John
             Cockram's
             being
             in
             Town
             ?
             Or
             any
             other
             Scotch-men
             that
             you
             know
             of
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             My
             Lord
             ,
             I
             did
             see
             those
             Gentlemen
             in
             the
             beginning
             of
             last
             Summer
             .
             Sir
             
               John
               Cockram
            
             ,
             and
             Mr.
             Monrow
             ,
             and
             Cambell
             the
             Son
             ,
             I
             did
             see
             ;
             but
             the
             Father
             I
             did
             not
             ,
             but
             I
             do
             know
             he
             was
             in
             Town
             ,
             tho
             I
             saw
             him
             not
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             How
             do
             you
             know
             it
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             I
             had
             Messages
             from
             them
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Sir
             Andrew
             ,
             You
             say
             ,
             you
             saw
             Sir
             
               John
               Cockram
            
             ,
             and
             Monrow
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             ;
          
           
             Yes
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Did
             you
             see
             any
             body
             else
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             I
             saw
             Sir
             
               George
               Campell
            
             the
             Son.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             became
             of
             them
             upon
             the
             Discovery
             of
             the
             Plot
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             Sir
             
               John
               Cockram
            
             did
             Abscond
             ,
             and
             Mr.
             Monrow
             was
             taken
             into
             Custody
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             became
             of
             the
             others
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             The
             Campells
             were
             both
             in
             Custody
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Did
             you
             see
             any
             Commission
             they
             had
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             I
             did
             see
             a
             Commission
             that
             Sir
             
               John
               Cockram
            
             had
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             was
             it
             for
             ?
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             To
             make
             a
             Purchase
             of
             some
             Plantations
             beyond
             Sea
             ,
             I
             think
             it
             was
             Carolina
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Ay
             ,
             where
             my
             Lord
             Shaftsbury
             had
             an
             Interest
             .
          
        
         
           
             Sir
             
               Andrew
               Foster
            
             .
          
           
             It
             was
             some
             of
             the
             West-Indies
             .
          
        
         
           
             L.
             Howard
             .
          
           
             I
             did
             omit
             that
             passage
             my
             Lord
             —
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             was
             it
             discoursed
             then
             ,
             what
             should
             be
             the
             Blind
             for
             these
             Gentlemen
             that
             were
             notorious
             Dissenters
             ,
             that
             they
             should
             come
             to
             Town
             from
             Scotland
             about
             ?
          
        
         
           
             L.
             Howard
             .
          
           
             It
             was
             to
             carry
             on
             a
             Plantation
             in
             Carolina
             .
             The
             Scotch
             Gentlemen
             were
             personally
             known
             to
             my
             Lord
             Russel
             only
             ;
             and
             my
             Lord
             Russel
             was
             to
             write
             the
             Letter
             to
             them
             ,
             and
             ,
             I
             suppose
             ,
             did
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Mr.
             Atterbury
             ,
             What
             do
             you
             know
             of
             these
             Scotch-men
             coming
             to
             Town
             ;
             and
             what
             became
             of
             them
             afterwards
             ?
          
        
         
           
             Mr.
             Atterbury
             .
          
           
             My
             Lord
             ,
             about
             the
             beginning
             of
             
               July
               ,
               Fourth
               ,
               Fifth
            
             ,
             or
             Sixth
             ,
             or
             thereabouts
             ,
             I
             had
             some
             Information
             ,
             That
             there
             were
             some
             Scotch
             Gentlemen
             that
             had
             been
             shifting
             up
             and
             down
             ,
             and
             at
             that
             time
             were
             about
             Black-Fryers
             ,
             lodged
             there
             secretly
             .
             I
             immediately
             went
             with
             the
             King's
             Proclamation
             ,
             and
             some
             Warrants
             that
             I
             had
             to
             apprehend
             some
             Traytors
             that
             were
             fled
             :
             And
             when
             I
             came
             ,
             I
             found
             that
             Mr.
             
               Common
               Serjeant
            
             having
             Notice
             of
             them
             ,
             had
             beat
             up
             their
             Quarters
             ,
             and
             they
             were
             endeavouring
             to
             escape
             by
             Water
             ;
             but
             there
             they
             were
             catched
             .
             There
             was
             Sir
             
               Hugh
               Campel
            
             ,
             and
             Bayley
             ,
             and
             Sir
             
               George
               Campel
            
             ,
             and
             some
             others
             ,
             I
             know
             not
             the
             Names
             of
             them
             all
             ;
             truly
             I
             can't
             tell
             whether
             Monrow
             was
             not
             another
             ,
             but
             Sir
             
               Hugh
               Campel
            
             I
             had
             in
             my
             Custody
             ,
             and
             Bayley
             was
             immediately
             committed
             to
             the
             Gate-house
             ;
             and
             the
             rest
             of
             the
             Gentlemen
             I
             afterwards
             took
             in
             a
             cunning
             Hole
             by
             Moor-Fields
             ,
             in
             a
             back
             house
             .
             And
             when
             I
             came
             there
             ,
             I
             found
             them
             lyeing
             on
             the
             Bed
             in
             the
             middle
             of
             the
             Day
             ;
             and
             had
             them
             Prisoners
             in
             my
             Custody
             two
             or
             three
             Months
             ;
             and
             then
             they
             were
             all
             sent
             out
             of
             my
             hands
             into
             Scotland
             Prisoners
             .
             Six
             of
             them
             there
             were
             ,
             my
             Lord
             ,
             that
             I
             saw
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             We
             have
             done
             my
             Lord
             ,
             only
             we
             desire
             that
             a
             word
             of
             a
             Record
             may
             be
             read
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             What
             Record
             is
             it
             Sir
             ?
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Of
             Collonel
             Sidneys
             Attainder
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             We
             shall
             desire
             your
             Judgment
             ,
             whether
             that
             Record
             ought
             to
             be
             read
             against
             Mr.
             Hambden
             ;
             I
             perceive
             by
             Mr.
             Attorney
             ,
             that
             't
             is
             a
             Record
             of
             the
             Conviction
             of
             Mr.
             Sidney
             ,
             which
             ought
             not
             to
             be
             given
             in
             Evidence
             against
             Mr.
             Hambden
             upon
             this
             Indictment
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             We
             make
             use
             of
             it
             ,
             to
             shew
             how
             upon
             former
             Tryals
             ,
             upon
             this
             Evidence
             ,
             Verdicts
             have
             gone
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             are
             in
             your
             Judgment
             ,
             my
             Lord
             ,
             if
             by
             Law
             it
             may
             be
             given
             in
             Evidence
             against
             Mr.
             Hambden
             ,
             who
             is
             neither
             Party
             nor
             Privy
             to
             it
             ,
             nor
             Indicted
             for
             the
             same
             Offence
             .
          
        
         
           
           
             Mr.
             Att.
             Gen.
             
          
           
             Let
             it
             alone
             then
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Well
             ,
             Mr.
             Attorney
             does
             not
             press
             it
             .
             What
             say
             you
             to
             it
             ,
             Gentlemen
             ,
             for
             the
             Defendant
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             May
             it
             please
             your
             Lordship
             ,
             and
             you
             Gentlemen
             of
             the
             Jury
             ,
             I
             am
             of
             Counsel
             for
             Mr.
             Hambden
             the
             Defendant
             upon
             this
             Indictment
             here
             before
             you
             .
             This
             Indictment
             is
             a
             severe
             Indictment
             :
             It
             is
             a
             very
             high
             Crime
             of
             which
             my
             Clyent
             is
             Accused
             .
             How
             far
             the
             Evidence
             tends
             to
             reach
             it
             ,
             you
             have
             heard
             ;
             and
             I
             shall
             ,
             with
             the
             patience
             of
             the
             Court
             ,
             particularly
             observe
             it
             to
             you
             .
             But
             I
             shall
             first
             speak
             to
             the
             Indictment
             it self
             :
             It
             saies
             ,
             that
             Mr.
             Hambden
             being
             a
             person
             of
             a
             turbulent
             Disposition
             ,
             and
             Seditiously
             intending
             to
             disturb
             and
             disquiet
             the
             King's
             Peace
             ,
             and
             to
             stir
             Sedition
             ,
             and
             to
             bring
             the
             Government
             into
             danger
             ,
             did
             Conspire
             ,
             &c.
             
             As
             to
             this
             matter
             ,
             Gentlemen
             ,
             there
             is
             no
             manner
             of
             Proof
             of
             what
             the
             Indictment
             charges
             ,
             as
             to
             the
             Disposition
             of
             the
             person
             Accused
             ;
             nor
             that
             he
             had
             any
             other
             design
             ,
             than
             what
             my
             Lord
             Howard
             hath
             now
             Sworn
             .
             Then
             it
             saies
             further
             ,
             that
             Mr.
             Hambden
             did
             Consult
             and
             Conspire
             with
             divers
             persons
             to
             execute
             these
             purposes
             ;
             and
             particularly
             for
             the
             making
             and
             raising
             of
             an
             Insurrection
             in
             the
             Kingdom
             .
             This
             is
             laid
             as
             the
             particular
             Fact
             :
             And
             for
             this
             purpose
             ,
             he
             did
             further
             Conspire
             with
             several
             persons
             ,
             to
             provide
             Armes
             and
             Armed-men
             :
             And
             for
             their
             fulfilling
             of
             this
             ,
             he
             did
             further
             Consult
             with
             several
             persons
             ,
             that
             some
             persons
             should
             be
             sent
             into
             Scotland
             to
             stir
             up
             the
             Kings
             Subjects
             in
             Scotland
             ,
             to
             a
             Concurrence
             and
             Conjunction
             with
             some
             People
             in
             England
             ,
             about
             this
             his
             evil
             design
             .
             How
             far
             this
             Indictment
             is
             proved
             ,
             upon
             the
             Defendant
             ,
             Gentlemen
             ,
             is
             the
             Question
             before
             you
             .
             He
             has
             pleaded
             Not
             Guilty
             ,
             and
             hopes
             to
             satisfy
             you
             he
             is
             not
             .
             Gentlemen
             ,
             as
             to
             what
             Evidence
             has
             been
             given
             you
             so
             far
             as
             't
             is
             Positive
             ,
             and
             Affirmative
             ;
             I
             mean
             the
             Testimony
             of
             my
             Lord
             Howard
             in
             that
             part
             ,
             it
             is
             impossible
             for
             us
             that
             are
             of
             Counsel
             for
             the
             Defendant
             directly
             to
             contradict
             him
             with
             Proof
             ,
             or
             to
             give
             a
             direct
             positive
             proof
             in
             answer
             to
             it
             :
             I
             say
             't
             is
             impossible
             for
             us
             to
             contradict
             him
             ,
             who
             gives
             such
             a
             positive
             Evidence
             of
             Fact.
             By
             the
             Evidence
             of
             my
             Lord
             Howard
             ,
             he
             tells
             us
             there
             were
             Six
             Persons
             in
             this
             Council
             ,
             as
             he
             is
             pleased
             to
             call
             them
             .
             By
             his
             Evidence
             ,
             three
             of
             the
             six
             are
             dead
             ,
             my
             L.
             Russel
             ,
             Col.
             Sidney
             ,
             and
             the
             Earl
             of
             Essex
             ;
             He
             himself
             is
             the
             Fourth
             ,
             the
             Defendant
             is
             the
             Fifth
             ,
             who
             cannot
             give
             Evidence
             for
             himself
             ;
             and
             the
             Duke
             of
             Monmouth
             ,
             who
             is
             the
             Sixth
             ,
             being
             away
             ,
             there
             is
             not
             any
             person
             in
             being
             ,
             that
             should
             contradict
             my
             Lord
             
             Howard's
             Affirmative
             in
             this
             part
             of
             his
             Evidence
             but
             the
             Duke
             of
             Monmouth
             :
             Whom
             we
             cannot
             have
             here
             ,
             since
             it
             appears
             by
             the
             Evidence
             Mr.
             
               Att.
               Gen.
            
             could
             not
             prevail
             to
             have
             him
             at
             this
             Tryal
             ;
             therefore
             proof
             of
             that
             nature
             cannot
             be
             reasonably
             expected
             from
             my
             Clyent
             ,
             to
             acquit
             himself
             by
             a
             positive
             Contradiction
             of
             what
             my
             Lord
             Howard
             has
             sworn
             .
             Then
             in
             this
             Case
             we
             must
             ,
             as
             in
             all
             Cases
             where
             a
             person
             does
             Swear
             directly
             against
             a
             Defendant
             ,
             endeavour
             to
             satisfie
             and
             perswade
             your
             Lordship
             and
             the
             Jury
             upon
             Circumstances
             arising
             out
             of
             this
             Fact
             ,
             and
             further
             Circumstances
             attending
             the
             Fact
             ,
             and
             by
             probable
             Arguments
             and
             reasonable
             Inductions
             out
             of
             the
             Evidence
             ,
             that
             this
             Gentleman
             ,
             the
             Defendant
             ,
             is
             not
             guilty
             of
             what
             he
             is
             charged
             with
             .
          
           
             In
             the
             first
             place
             ,
             we
             shall
             observe
             upon
             the
             Testimony
             of
             my
             Lord
             Howard
             ,
             that
             as
             to
             some
             things
             he
             is
             very
             Positive
             ,
             and
             Particular
             :
             He
             has
             an
             Incomparable
             Memory
             ,
             and
             speaks
             particularly
             to
             Persons
             ,
             particularly
             to
             Places
             ,
             particularly
             to
             Times
             .
             But
             Gentlemen
             ,
             as
             to
             that
             which
             is
             the
             principal
             part
             of
             his
             Evidence
             ,
             and
             which
             most
             affects
             the
             Defendant
             ,
             and
             wherein
             it
             concernes
             us
             to
             contradict
             or
             disprove
             him
             ,
             he
             is
             wanting
             as
             to
             that
             Circumstance
             of
             Time.
             He
             that
             is
             so
             exact
             in
             his
             Memory
             as
             to
             other
             Circumstances
             ,
             is
             not
             positive
             ,
             nor
             any
             thing
             like
             positive
             ,
             as
             to
             the
             
             Times
             of
             the
             Meeting
             .
             For
             they
             would
             imagine
             ,
             that
             the
             first
             Meeting
             the
             Defendant
             was
             concerned
             in
             ,
             was
             at
             his
             own
             house
             .
             He
             describes
             the
             House
             and
             the
             Place
             very
             exactly
             ,
             but
             as
             for
             the
             Time
             ,
             he
             only
             sayes
             it
             was
             about
             the
             middle
             of
             January
             :
             He
             carries
             other
             things
             in
             his
             memory
             positively
             ;
             and
             whether
             it
             might
             not
             be
             expected
             in
             a
             Case
             so
             remarkable
             as
             this
             ,
             and
             which
             so
             nearly
             and
             highly
             concerned
             himself
             ,
             that
             he
             should
             be
             as
             particular
             in
             the
             Time
             ,
             as
             he
             is
             in
             other
             things
             ,
             you
             may
             rationally
             judge
             .
             His
             Lordship
             sometimes
             is
             very
             particular
             as
             to
             Time
             :
             He
             tells
             you
             in
             his
             Relation
             about
             my
             Lord
             Shaftsbury
             ,
             that
             his
             going
             to
             him
             ,
             was
             on
             the
             Saturday
             after
             Michaelmasday
             ;
             and
             then
             he
             pursues
             it
             to
             the
             Second
             and
             Third
             of
             October
             .
             He
             is
             positive
             to
             many
             several
             Days
             ;
             upon
             which
             I
             would
             observe
             ,
             that
             he
             being
             particular
             to
             a
             Day
             ,
             as
             to
             other
             things
             ,
             may
             well
             be
             expected
             to
             be
             ready
             ,
             (
             if
             it
             be
             true
             ,
             )
             to
             be
             as
             particular
             as
             to
             the
             Time
             of
             this
             Meeting
             :
             But
             therein
             he
             is
             to
             seek
             ;
             he
             is
             doubtful
             as
             to
             that
             .
             And
             you
             must
             give
             us
             leave
             Gentlemen
             ,
             to
             make
             this
             Observation
             ,
             That
             since
             he
             will
             not
             be
             particular
             to
             that
             Time
             ,
             we
             do
             apprehend
             that
             he
             gives
             himself
             a
             little
             Loose
             ,
             that
             we
             may
             not
             meet
             with
             him
             to
             contradict
             him
             in
             that
             Circumstance
             :
             For
             if
             he
             should
             be
             positive
             therein
             ,
             as
             he
             is
             in
             the
             other
             matters
             that
             concern
             not
             the
             Defendant
             ,
             we
             might
             perhaps
             by
             clear
             pregnant
             Circumstances
             contradict
             ,
             if
             not
             disprove
             his
             Lordship
             ,
             that
             it
             is
             not
             probable
             ,
             (
             if
             possible
             ,
             )
             it
             should
             be
             true
             what
             he
             affirmes
             .
             But
             Gentlemen
             ,
             we
             must
             answer
             it
             as
             well
             as
             we
             can
             ;
             and
             since
             he
             is
             so
             Cautious
             ,
             we
             must
             meet
             him
             by
             Arguments
             in
             another
             way
             .
             Another
             thing
             we
             should
             observe
             upon
             my
             Lords
             Evidence
             ,
             is
             this
             ;
             That
             my
             Lord
             ,
             tho
             he
             be
             particular
             as
             to
             many
             Facts
             and
             things
             relating
             to
             my
             Lord
             Shaftsbury
             ,
             where
             he
             names
             other
             particular
             Persons
             ,
             I
             think
             Coll.
             Romsey
             and
             Walcot
             ,
             and
             names
             the
             particular
             Discourses
             ,
             particularly
             instancing
             in
             them
             between
             him
             and
             my
             Lord
             of
             Shaftsbury
             ,
             between
             him
             and
             Walcot
             ,
             and
             between
             him
             and
             other
             Persons
             ;
             yet
             he
             has
             not
             made
             use
             of
             any
             one
             Circumstance
             of
             Fact
             in
             this
             Case
             of
             the
             Defendant's
             now
             before
             you
             ,
             that
             does
             justify
             what
             he
             has
             said
             ,
             save
             only
             that
             of
             
               Aaron
               Smith
            
             ;
             not
             any
             one
             Circumstance
             of
             Fact.
             So
             that
             there
             is
             no
             more
             than
             the
             bare
             Saying
             of
             what
             my
             Lord
             Howard
             is
             pleased
             to
             deliver
             no
             more
             than
             his
             Oath
             ,
             nay
             ,
             no
             more
             than
             his
             Observation
             ,
             and
             Inference
             of
             much
             of
             what
             passed
             in
             the
             Company
             of
             several
             persons
             ,
             without
             any
             concurring
             Circumstances
             in
             Fact
             to
             Justify
             or
             Confirm
             his
             Testimony
             .
             It
             might
             have
             been
             an
             easy
             matter
             ,
             if
             all
             that
             my
             Lord
             Howard
             sayes
             was
             true
             ,
             that
             there
             was
             such
             a
             Meeting
             at
             Mr.
             
             Hambden's
             House
             by
             such
             and
             such
             Persons
             ,
             to
             prove
             that
             such
             Persons
             ,
             or
             some
             of
             them
             ,
             met
             there
             .
             But
             that
             there
             should
             be
             no
             Person
             to
             prove
             ,
             that
             these
             Gentlemen
             ,
             or
             any
             of
             them
             ,
             were
             there
             ;
             nor
             any
             other
             Fact
             or
             Circumstance
             in
             the
             world
             ,
             to
             go
             along
             with
             my
             Lord
             Howard
             to
             justify
             his
             Asseveration
             ,
             is
             very
             wonderful
             ,
             and
             may
             well
             make
             it
             doubtful
             that
             it
             should
             not
             be
             true
             :
             And
             the
             rather
             Gentlemen
             ,
             (
             if
             it
             be
             true
             as
             my
             Lord
             Howard
             would
             have
             it
             )
             because
             there
             was
             a
             second
             Meeting
             of
             all
             these
             persons
             at
             my
             Lord
             
             Russel's
             ,
             which
             was
             so
             publick
             and
             open
             a
             place
             ,
             and
             yet
             no
             man
             to
             Concur
             or
             go
             along
             with
             my
             Lord
             Howard
             in
             any
             one
             thing
             ;
             no
             particular
             Fact
             assigned
             to
             justify
             his
             Testimony
             as
             to
             this
             Meeting
             ,
             is
             strange
             ,
             if
             it
             be
             true
             .
          
           
             So
             then
             Gentlemen
             ,
             there
             is
             no
             more
             than
             what
             my
             Lord
             Howard
             has
             Sworn
             ,
             without
             any
             one
             Circumstance
             to
             back
             it
             ,
             to
             prove
             the
             Defendant
             Guilty
             .
             My
             Lord
             ,
             taking
             this
             upon
             the
             main
             of
             my
             Lord
             Howards
             Evidence
             ,
             it
             will
             be
             pretty
             hard
             too
             upon
             the
             nature
             of
             the
             Fact
             ,
             that
             he
             is
             pleased
             to
             prove
             against
             this
             Gentleman
             ,
             to
             make
             an
             Answer
             to
             it
             :
             And
             truly
             ,
             I
             think
             as
             hard
             for
             you
             to
             believe
             it
             .
             Gentlemen
             ,
             He
             would
             imagine
             ,
             That
             there
             should
             be
             men
             Raised
             ,
             men
             Armed
             ,
             a
             discourse
             of
             Money
             ,
             and
             this
             done
             ,
             as
             he
             would
             have
             it
             ,
             about
             the
             middle
             of
             January
             ;
             and
             yet
             nothing
             at
             all
             done
             ,
             though
             there
             
             appears
             no
             manner
             of
             Discovery
             of
             this
             very
             evil
             Contrivance
             ,
             till
             about
             July
             .
             Neither
             is
             there
             any
             thing
             done
             in
             order
             to
             the
             Raising
             of
             Men
             ,
             the
             Arming
             of
             Men
             ,
             or
             the
             levying
             of
             Money
             all
             this
             while
             .
             So
             that
             there
             is
             no
             one
             Fact
             of
             any
             kind
             whatsoever
             ,
             that
             goes
             along
             with
             what
             my
             Lord
             Howard
             has
             said
             .
          
           
             My
             Lord
             and
             Gentlemen
             ,
             Another
             thing
             we
             would
             desire
             to
             observe
             ,
             is
             this
             ,
             and
             here
             we
             shall
             begin
             with
             what
             we
             have
             to
             say
             ,
             as
             to
             our
             own
             Arguments
             and
             Circumstances
             ,
             that
             we
             have
             to
             take
             off
             from
             the
             Testimony
             of
             my
             Lord
             Howard
             in
             this
             case
             :
             In
             the
             first
             place
             ,
             it
             appears
             by
             the
             Evidence
             of
             my
             Lord
             Howard
             ,
             That
             he
             was
             very
             deep
             in
             a
             Conspiracy
             against
             the
             Government
             ,
             and
             to
             make
             a
             disturbance
             in
             the
             Kingdom
             long
             before
             this
             ,
             that
             he
             now
             speaks
             of
             against
             the
             Defendant
             ,
             that
             is
             plain
             enough
             ;
             for
             he
             tells
             you
             ,
             That
             my
             Lord
             Shaftesbury
             and
             He
             at
             Michaelmass
             were
             contriving
             of
             Projects
             to
             Overturn
             the
             Government
             ,
             and
             raise
             a
             Rebellion
             .
             It
             appears
             plainly
             by
             his
             Evidence
             ,
             That
             my
             Lord
             Shaftesbury
             ,
             when
             he
             left
             his
             house
             ,
             was
             resolved
             upon
             it
             ,
             and
             my
             Lord
             Howard
             was
             very
             Solicitous
             to
             carry
             on
             the
             same
             Design
             ;
             nay
             ,
             he
             was
             so
             Active
             in
             it
             ,
             that
             he
             tells
             you
             ,
             That
             he
             did
             create
             Messages
             between
             my
             Lord
             of
             Shaftesbury
             ,
             and
             the
             Duke
             of
             Monmouth
             ,
             and
             would
             needs
             go
             by
             a
             false
             insinuation
             of
             his
             own
             ,
             to
             draw
             in
             the
             Duke
             of
             Monmouth
             ,
             by
             telling
             his
             Grace
             his
             Information
             he
             had
             from
             Walcot
             ,
             and
             not
             saying
             he
             came
             from
             my
             Lord
             Shaftesbury
             ,
             with
             whom
             he
             says
             he
             had
             been
             discoursing
             ;
             but
             he
             would
             put
             it
             under
             some
             sort
             of
             Disguise
             ,
             the
             better
             to
             prevail
             .
             So
             that
             it
             appears
             ,
             my
             Lord
             was
             very
             Criminal
             ,
             and
             Guilty
             ,
             in
             this
             Case
             .
             Why
             then
             Gentlemen
             ,
             my
             Lord
             being
             so
             highly
             Criminal
             ,
             and
             there
             being
             a
             Discovery
             of
             this
             Conspiracy
             by
             Keiling
             ,
             and
             Romsey
             ,
             and
             West
             ,
             having
             made
             a
             more
             manifest
             Discovery
             ,
             and
             this
             happening
             in
             July
             ,
             Then
             it
             was
             high
             time
             my
             Lord
             Howard
             might
             conceive
             for
             him
             to
             Secure
             himself
             ,
             and
             save
             one
             ,
             he
             being
             thus
             Guilty
             ,
             as
             he
             declares
             :
             It
             is
             but
             reasonable
             to
             conjecture
             ,
             he
             then
             began
             to
             place
             his
             Security
             in
             a
             Pardon
             ;
             and
             that
             there
             were
             no
             other
             means
             to
             save
             his
             Life
             ;
             and
             that
             the
             way
             to
             it
             ,
             must
             be
             by
             some
             further
             Discovery
             of
             a
             Conspiracy
             against
             his
             Majesty
             and
             the
             Government
             :
             And
             having
             since
             obtained
             a
             Pardon
             ,
             it
             is
             agreeable
             ,
             That
             whatsoever
             my
             Lord
             Howard
             has
             done
             in
             this
             Case
             ,
             he
             has
             done
             for
             his
             own
             sake
             ,
             to
             purchase
             his
             own
             Pardon
             for
             a
             Treason
             he
             was
             so
             deep
             in
             ,
             and
             to
             out-do
             all
             the
             Witnesses
             that
             went
             before
             him
             ,
             by
             fresh
             Testimony
             against
             the
             Defendant
             and
             others
             :
             This
             might
             incline
             him
             to
             go
             an
             Inch
             or
             two
             ,
             or
             more
             ,
             beyond
             the
             Discovery
             of
             
               Keiling
               ,
               West
            
             ,
             and
             Romsey
             ;
             to
             have
             but
             said
             the
             same
             thing
             that
             was
             proved
             by
             Three
             or
             Four
             Witnesses
             before
             him
             ,
             might
             not
             perhaps
             have
             availed
             him
             :
             may
             not
             the
             indifferent
             believe
             it
             in
             this
             Case
             ,
             to
             be
             the
             Interest
             and
             Security
             of
             my
             Lord
             Howard
             ,
             by
             these
             means
             to
             merit
             his
             Pardon
             ?
             May
             it
             not
             be
             believeable
             ,
             that
             what
             he
             hath
             said
             ,
             he
             hath
             said
             only
             for
             his
             own
             sake
             ,
             and
             that
             he
             has
             ,
             by
             exposing
             this
             Gentleman
             ,
             and
             the
             Blood
             of
             others
             ,
             procured
             himself
             a
             Pardon
             ?
          
        
         
           
             L.
             C.
             Just.
             
          
           
             What
             do
             you
             mean
             by
             that
             ,
             Mr.
             Williams
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             By
             being
             a
             Witness
             against
             the
             Defendant
             and
             others
             ,
             he
             has
             procured
             his
             own
             Pardon
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             That
             is
             a
             little
             harsh
             Expression
             —
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             I
             explain
             my self
             thus
             —
          
        
         
           
             L.
             C.
             Just
             .
          
           
             'T
             is
             an
             harsh
             Word
             ,
             and
             too
             roundly
             expressed
             ;
             You
             had
             need
             to
             explain
             your self
             ;
             'T
             is
             a
             little
             too
             rank
             ,
             as
             though
             the
             King's
             Pardon
             were
             to
             be
             procured
             by
             Blood.
             
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             I
             intend
             nothing
             of
             hardship
             ,
             or
             amiss
             ,
             but
             to
             speak
             
             according
             to
             my
             Instructions
             ,
             and
             to
             make
             the
             best
             Observations
             I
             can
             out
             of
             the
             Evidence
             for
             my
             Clyent
             :
             I
             will
             express
             my self
             as
             well
             as
             I
             can
             ,
             That
             my
             Lord
             Howard
             being
             a
             Witness
             against
             Men
             in
             a
             Case
             of
             this
             high
             Nature
             ;
             and
             there
             being
             other
             Witnesses
             before
             ,
             and
             besides
             himself
             ,
             to
             the
             Discovery
             of
             the
             late
             Conspiracy
             against
             the
             Government
             ,
             it
             concerned
             him
             to
             give
             an
             home
             Evidence
             in
             the
             Case
             ,
             or
             else
             he
             could
             not
             have
             any
             expectation
             of
             his
             Pardon
             :
             For
             if
             he
             had
             done
             no
             more
             than
             what
             others
             had
             done
             before
             him
             ,
             when
             there
             were
             three
             Witnesses
             besides
             ,
             and
             they
             had
             got
             the
             start
             in
             the
             Discovery
             ,
             his
             discovery
             had
             been
             in
             vain
             ;
             and
             therefore
             he
             was
             concerned
             perhaps
             to
             strain
             ,
             that
             he
             might
             make
             such
             a
             Discovery
             as
             might
             answer
             his
             end
             ;
             and
             this
             will
             arise
             naturally
             ,
             I
             suppose
             ,
             out
             of
             what
             has
             happened
             in
             this
             Case
             :
             For
             it
             seems
             ,
             though
             it
             was
             something
             long
             before
             he
             got
             his
             Pardon
             ,
             now
             he
             has
             it
             .
             My
             Lord
             ,
             another
             thing
             is
             this
             ,
             How
             far
             my
             Lord
             Howard
             will
             be
             credited
             in
             this
             Matter
             ,
             we
             shall
             leave
             his
             Credit
             to
             you
             Gentlemen
             ,
             upon
             what
             we
             shall
             prove
             .
             For
             we
             shall
             make
             it
             out
             by
             persons
             of
             great
             Honor
             ,
             and
             persons
             of
             great
             Integrity
             ,
             That
             upon
             Discourse
             concerning
             this
             Conspiracy
             ,
             my
             Lord
             Howard
             did
             declare
             ,
             That
             he
             knew
             of
             no
             Persons
             that
             were
             Guilty
             of
             having
             any
             hand
             in
             it
             ;
             he
             declared
             it
             upon
             his
             Honor
             ,
             he
             declared
             it
             upon
             his
             Religion
             ,
             and
             he
             used
             all
             the
             Asseverations
             that
             were
             possible
             for
             a
             Man
             to
             offer
             ,
             to
             make
             himself
             believed
             .
          
           
             My
             Lord
             ,
             It
             may
             be
             Objected
             ,
             as
             it
             has
             been
             some
             times
             ,
             that
             that
             was
             to
             out-face
             the
             Conspiracy
             ,
             and
             so
             stop
             the
             Prosecution
             of
             that
             he
             knew
             himself
             so
             Guilty
             of
             :
             But
             however
             ,
             thus
             far
             we
             may
             make
             use
             of
             it
             for
             the
             Defendant
             ,
             That
             if
             my
             Lord
             Howard
             would
             ,
             in
             the
             Face
             of
             Heaven
             ,
             pawn
             his
             Honor
             ,
             his
             Trust
             ,
             his
             Conscience
             ,
             and
             his
             Religion
             ,
             to
             assert
             that
             which
             was
             not
             true
             ,
             and
             under
             all
             those
             Vows
             and
             Ingagements
             ,
             affirm
             an
             Untruth
             ;
             a
             Man
             that
             would
             deal
             so
             ,
             and
             speak
             an
             Untruth
             with
             that
             Solemnity
             ,
             I
             think
             is
             not
             a
             Person
             of
             the
             same
             Credit
             ,
             as
             a
             Person
             of
             certain
             known
             Truth
             and
             Veracity
             .
             For
             if
             a
             Man
             will
             say
             one
             thing
             one
             time
             ,
             and
             that
             with
             solemn
             Vows
             and
             Asseverations
             ,
             and
             Swear
             another
             thing
             the
             quite
             contrary
             another
             time
             ,
             he
             does
             not
             stand
             so
             fair
             for
             Credit
             ,
             I
             think
             ,
             as
             he
             that
             alwayes
             maintains
             ,
             and
             avows
             the
             Truth
             .
             So
             far
             we
             may
             make
             use
             of
             it
             very
             safely
             ,
             I
             think
             ,
             as
             to
             my
             Lord's
             Credit
             .
          
           
             My
             Lord
             ,
             Another
             matter
             that
             we
             have
             to
             urge
             ,
             is
             ,
             That
             since
             the
             Tryal
             of
             my
             Lord
             Russel
             ,
             and
             since
             the
             Tryal
             of
             Collonel
             Sidney
             ,
             my
             Lord
             Howard
             has
             in
             discourse
             owned
             ,
             that
             my
             Lord
             Russel
             died
             Innocent
             .
             If
             that
             be
             true
             ,
             it
             will
             have
             a
             great
             weight
             sure
             with
             you
             Gentlemen
             ,
             to
             discredit
             my
             Lords
             Testimony
             :
             For
             then
             he
             hath
             Contradicted
             what
             he
             hath
             Sworn
             .
             For
             if
             my
             Lord
             Swore
             ,
             that
             my
             Lord
             Russel
             was
             Guilty
             ,
             as
             all
             the
             World
             knows
             he
             did
             ;
             and
             afterwards
             Soberly
             ,
             and
             Publickly
             ,
             shall
             have
             said
             he
             died
             Innocent
             ,
             he
             has
             contradicted
             his
             own
             Evidence
             ,
             and
             his
             own
             Oath
             ;
             and
             sure
             is
             not
             to
             be
             believed
             as
             to
             what
             he
             Swears
             now
             against
             the
             Defendant
             .
             My
             Lord
             ,
             It
             did
             not
             rest
             there
             ;
             but
             since
             the
             Tryal
             of
             Collonel
             Sidney
             ,
             it
             will
             be
             proved
             by
             Witnesses
             ,
             that
             my
             Lord
             Howard
             did
             declare
             ,
             That
             Collonel
             Sidney
             had
             hard
             Measure
             .
             This
             will
             be
             proved
             by
             Witnesses
             ;
             and
             't
             is
             rather
             to
             be
             presumed
             ,
             He
             meant
             hard
             Measure
             as
             to
             his
             own
             Testimony
             ,
             which
             he
             was
             best
             knowing
             of
             ,
             than
             of
             any
             thing
             else
             as
             to
             his
             Tryal
             .
             Now
             ,
             how
             this
             Person
             of
             Great
             Honour
             can
             Solve
             this
             ,
             and
             how
             it
             can
             stand
             with
             his
             Oath
             ,
             and
             his
             Honour
             ;
             I
             will
             leave
             it
             to
             you
             Gentlemen
             to
             judg
             of
             it
             .
             My
             Lord
             ,
             I
             have
             another
             matter
             to
             say
             ,
             That
             with
             me
             seems
             to
             have
             very
             great
             weight
             :
             My
             Lord
             Howard
             ,
             upon
             some
             occasions
             has
             said
             ,
             being
             in
             discourse
             with
             a
             very
             great
             Intimate
             of
             his
             ,
             and
             the
             man
             being
             speaking
             of
             the
             World
             to
             come
             ,
             speaking
             of
             
             Eternity
             ,
             speaking
             of
             the
             Immortality
             of
             the
             Soul
             ,
             speaking
             of
             the
             Rewards
             and
             Punishments
             of
             another
             Life
             ;
             my
             Lord
             Howard
             should
             say
             to
             him
             ,
             
               How
               long
               wilt
               thou
               persist
               in
               this
               Folly
               ?
               How
               long
               wilt
               thou
               be
               so
               Foolishly
               prevailed
               upon
               ,
               as
               to
               believe
               the
               World
               was
               ever
               Made
               ,
               or
               will
               ever
               have
               an
               End
               ?
            
             My
             Lord
             ,
             If
             a
             Person
             be
             of
             that
             Opinion
             ,
             and
             a
             Mans
             Judgment
             in
             such
             things
             will
             discover
             it self
             in
             his
             Words
             ;
             How
             far
             the
             Testimony
             of
             a
             man
             of
             that
             perswasion
             shall
             influence
             a
             Jury
             when
             he
             stands
             single
             ,
             when
             there
             is
             no
             Fact
             to
             Justify
             him
             ,
             in
             point
             of
             probable
             Circumstance
             ,
             will
             be
             easily
             observable
             ,
             and
             I
             must
             leave
             it
             to
             the
             Gentlemen
             of
             the
             Jury
             to
             consider
             .
          
           
             My
             Lord
             ,
             We
             have
             another
             saying
             of
             my
             Lord
             Howards
             ,
             which
             we
             shall
             give
             you
             an
             account
             of
             in
             the
             Proofs
             ,
             and
             that
             was
             in
             Relation
             to
             his
             Pardon
             .
             Being
             free
             in
             discourse
             ,
             as
             my
             Lord
             is
             a
             Man
             very
             liberal
             that
             way
             ;
             and
             his
             Friend
             inquiring
             whether
             he
             had
             his
             pardon
             :
             No
             ,
             sayes
             he
             ;
             
               Nor
               I
               cannot
               have
               it
               ,
               till
               the
               drudgery
               of
               Swearing
               be
               over
               .
            
             Truly
             't
             is
             a
             very
             odd
             thing
             ,
             That
             a
             Man
             should
             call
             that
             Drudgery
             that
             is
             his
             Duty
             .
             To
             testify
             the
             Truth
             ,
             is
             as
             much
             the
             Duty
             of
             every
             honest
             Man
             ,
             as
             any
             thing
             else
             .
             Men
             have
             died
             for
             the
             Truth
             ,
             and
             we
             Look
             upon
             those
             as
             Martyrs
             ,
             and
             the
             best
             of
             Martyrs
             that
             dye
             for
             the
             Truth
             .
             Now
             ,
             that
             this
             Noble
             Lord
             ,
             or
             that
             any
             man
             should
             call
             this
             a
             Drudgery
             ,
             which
             is
             so
             manifest
             a
             Duty
             ,
             by
             giving
             a
             true
             Testimony
             to
             preserve
             the
             King's
             Life
             ,
             and
             support
             the
             Government
             against
             the
             Contrivance
             ,
             and
             Conspiracies
             of
             Evil
             men
             ,
             is
             but
             an
             odd
             Insinuation
             ;
             and
             truly
             I
             think
             is
             rather
             to
             be
             taken
             in
             this
             sense
             ,
             as
             to
             my
             Lord
             ,
             That
             he
             did
             strain
             a
             little
             to
             make
             his
             Discovery
             the
             more
             profitable
             to
             him
             ;
             and
             so
             did
             say
             more
             (
             so
             far
             I
             may
             safely
             go
             )
             then
             any
             one
             else
             did
             say
             .
             And
             my
             Lord
             ,
             This
             is
             that
             that
             I
             would
             observe
             upon
             the
             first
             part
             of
             the
             Evidence
             .
          
           
             As
             for
             that
             part
             that
             Concerns
             
               Aaron
               Smith
            
             ,
             the
             Evidence
             given
             by
             Sheriffe
             and
             Bell
             ,
             I
             submit
             that
             to
             your
             Lordship
             ,
             how
             far
             that
             can
             any
             way
             affect
             Mr.
             Hambden
             the
             Defendant
             .
             It
             is
             introduced
             to
             Fortify
             the
             Testimony
             of
             my
             Lord
             Howard
             ,
             and
             it
             is
             introduced
             by
             himself
             thus
             :
             That
             at
             their
             Meeting
             at
             Mr.
             Hambden's
             House
             ,
             there
             was
             a
             Discourse
             of
             some
             Assistance
             to
             be
             had
             from
             Scotland
             ;
             but
             sayes
             he
             ,
             at
             the
             second
             Meeting
             at
             my
             Lord
             Russels
             ,
             then
             it
             came
             to
             a
             further
             discourse
             ,
             and
             Collonel
             Sidney
             did
             undertake
             to
             name
             a
             Person
             to
             send
             thither
             ;
             and
             a
             Person
             was
             named
             ;
             he
             does
             not
             say
             Mr.
             Hambden
             was
             concerned
             in
             it
             ,
             or
             that
             Mr.
             Hambden
             named
             the
             man
             ,
             or
             any
             thing
             particular
             as
             to
             Mr.
             Hambden
             ,
             more
             then
             that
             he
             was
             in
             the
             Company
             .
             Mr.
             Hambden
             had
             no
             hand
             in
             the
             undertaking
             ,
             or
             sending
             him
             into
             Scotland
             ;
             that
             was
             altogether
             the
             part
             of
             Mr.
             Sidney
             ;
             save
             this
             ,
             that
             he
             sayes
             my
             Lord
             Russel
             Writ
             the
             Letter
             that
             was
             to
             go
             by
             him
             .
             It
             does
             not
             appear
             Mr.
             Hambden
             was
             at
             all
             concerned
             in
             it
             ,
             but
             only
             was
             there
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             And
             consented
             to
             it
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             would
             not
             strain
             any
             thing
             my
             Lord
             ,
             further
             than
             the
             Evidence
             is
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Nor
             do
             not
             Misrepeat
             it
             neither
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             design
             not
             any
             such
             thing
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             Just
             .
          
           
             But
             you
             do
             though
             :
             For
             he
             Swears
             it
             ,
             every
             one
             of
             them
             consented
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             By
             silence
             it
             must
             be
             then
             .
             For
             he
             does
             not
             say
             ,
             That
             he
             said
             any
             thing
             .
             He
             Swears
             only
             Collonel
             Sidney
             undertook
             to
             manage
             it
             ,
             to
             send
             a
             Person
             ;
             and
             my
             Lord
             Russel
             to
             write
             the
             Letter
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             And
             all
             the
             rest
             Consented
             to
             it
             .
          
        
         
           
           
             Mr.
             Williams
             .
          
           
             What
             is
             meant
             by
             Consent
             ,
             when
             nothing
             was
             said
             ,
             I
             must
             leave
             to
             the
             Jury
             .
             I
             must
             agree
             ,
             the
             L.
             Howard
             did
             Swear
             ,
             that
             my
             Clyent
             was
             in
             their
             Company
             ,
             but
             how
             far
             he
             did
             ,
             or
             did
             not
             Consent
             ,
             does
             not
             at
             all
             appear
             ;
             and
             how
             far
             this
             will
             Charge
             my
             Clyent
             ,
             I
             must
             leave
             to
             you
             Gentlemen
             .
             But
             the
             Proof
             ,
             as
             to
             this
             matter
             ,
             stands
             thus
             ;
             that
             
               Aaron
               Smith
            
             was
             at
             New-Castle
             in
             February
             last
             ,
             that
             he
             went
             publickly
             .
             Now
             ,
             my
             Lord
             Howard
             sayes
             ,
             that
             he
             went
             to
             agitate
             a
             Confederacy
             between
             the
             Malecontents
             of
             Scotland
             ,
             and
             those
             in
             England
             .
             Now
             it
             is
             strange
             ,
             that
             a
             man
             that
             was
             to
             agitate
             such
             a
             Concern
             ,
             should
             go
             publickly
             with
             a
             Servant
             to
             New-Castle
             ;
             so
             publickly
             as
             to
             be
             known
             again
             ;
             and
             of
             his
             own
             accord
             ,
             tell
             them
             he
             was
             going
             to
             such
             a
             place
             in
             Scotland
             .
             And
             be
             it
             so
             in
             Fact
             ,
             Will
             any
             man
             apply
             this
             to
             any
             thing
             was
             done
             before
             (
             as
             my
             Lord
             Howard
             sayes
             about
             a
             Consultation
             to
             joyn
             in
             Rebellion
             ?
             )
             Will
             any
             man
             think
             ,
             that
             he
             should
             talk
             at
             that
             kind
             of
             rate
             ,
             if
             that
             were
             his
             Employment
             ,
             and
             tell
             whether
             he
             were
             going
             ?
             But
             I
             rely
             upon
             this
             ,
             in
             point
             of
             Evidence
             .
             'T
             is
             not
             proved
             yet
             ,
             that
             
               Aaron
               Smith
            
             was
             in
             Scotland
             .
             That
             he
             came
             within
             Six
             miles
             of
             the
             Borders
             of
             Scotland
             ,
             is
             proved
             ;
             but
             it
             is
             not
             proved
             he
             was
             in
             Scotland
             ,
             or
             did
             Agitate
             any
             Conspiracy
             there
             ;
             or
             did
             any
             thing
             more
             ,
             than
             go
             within
             Six
             miles
             of
             the
             Borders
             of
             Scotland
             .
             But
             then
             they
             would
             press
             it
             further
             ,
             and
             they
             say
             ,
             that
             there
             were
             some
             Scotch
             Gentlemen
             ,
             that
             in
             the
             Summer
             came
             here
             into
             England
             ,
             and
             that
             they
             hid
             themselves
             ,
             when
             the
             Plot
             was
             Discovered
             .
             It
             does
             not
             appear
             my
             Clyent
             had
             any
             Conversation
             with
             these
             Scotch
             Gentlemen
             ,
             or
             any
             of
             them
             ,
             or
             was
             ever
             in
             their
             Company
             .
             'T
             is
             a
             very
             remote
             inference
             to
             bring
             any
             thing
             of
             this
             to
             affect
             my
             Clyent
             in
             this
             High
             Charge
             .
          
           
             My
             Lord
             ,
             We
             shall
             add
             one
             thing
             more
             to
             disprove
             that
             part
             of
             the
             Indictment
             ,
             that
             layes
             the
             Imputation
             of
             Turbulency
             and
             Sedition
             to
             the
             Charge
             of
             Mr.
             Hambden
             ;
             and
             which
             also
             will
             shew
             the
             improbability
             of
             his
             being
             concerned
             in
             any
             thing
             of
             this
             Nature
             .
             We
             shall
             prove
             him
             to
             be
             a
             Person
             of
             a
             sober
             Conversation
             ,
             of
             a
             retired
             Life
             ,
             and
             studious
             Disposition
             ;
             and
             as
             an
             Evidence
             for
             the
             Defendant
             ,
             we
             shall
             prove
             ,
             that
             he
             ,
             in
             October
             1680.
             left
             England
             for
             his
             Healths
             sake
             ,
             and
             went
             into
             France
             for
             the
             recovery
             of
             his
             Health
             .
             He
             continued
             there
             till
             about
             Michaelmas
             was
             Twelve
             Month
             ,
             then
             he
             returned
             .
             'T
             is
             true
             ,
             he
             continued
             in
             England
             from
             Michaelmas
             ,
             to
             the
             time
             they
             speak
             of
             ;
             but
             we
             shall
             make
             it
             plain
             ,
             that
             in
             February
             ,
             my
             Clyent
             ,
             and
             my
             Lord
             Mountague
             had
             adjusted
             matters
             between
             themselves
             ,
             to
             go
             the
             beginning
             of
             Summer
             again
             into
             France
             ,
             there
             to
             continue
             and
             abide
             some
             time
             for
             their
             Healths
             .
             Here
             is
             a
             strange
             kind
             of
             imagination
             ,
             that
             this
             Contrivance
             between
             my
             Lord
             Howard
             ,
             and
             my
             Lord
             Shaftesbury
             ,
             that
             was
             going
             on
             before
             this
             time
             ,
             and
             that
             was
             Disappointed
             ,
             and
             my
             Lord
             Shaftesbury
             went
             away
             ,
             and
             afterwards
             Dyed
             in
             Holland
             ,
             was
             taken
             up
             by
             my
             Clyent
             ,
             and
             those
             other
             Persons
             when
             my
             Clyent
             ,
             as
             we
             shall
             prove
             ,
             never
             intended
             to
             stay
             in
             England
             .
             My
             Lord
             ,
             he
             was
             a
             Parliament-man
             in
             both
             the
             last
             Parliaments
             ,
             but
             appeared
             in
             neither
             of
             them
             ,
             being
             all
             the
             while
             in
             France
             ,
             for
             the
             Recovery
             of
             his
             Health
             .
             We
             shall
             prove
             him
             to
             be
             one
             Studiously
             inclined
             ,
             that
             he
             lived
             a
             Retired
             Life
             ,
             and
             kept
             very
             little
             or
             no
             Company
             ;
             and
             you
             will
             hear
             from
             Persons
             of
             very
             great
             Honour
             and
             Quality
             ,
             what
             he
             is
             ,
             as
             to
             his
             Person
             ,
             and
             as
             to
             his
             Opinion
             ;
             and
             then
             we
             shall
             submit
             it
             to
             you
             Gentlemen
             of
             the
             Jury
             ,
             whether
             you
             can
             believe
             him
             Guilty
             of
             this
             he
             is
             Charged
             with
             ,
             which
             is
             your
             Issue
             .
             You
             are
             to
             try
             ,
             whether
             he
             be
             Guilty
             ,
             or
             Not
             Guilty
             of
             the
             Crime
             Charged
             in
             the
             Indictment
             .
          
        
         
           
             Mr.
             VVallop
             .
          
           
             My
             Lord
             ,
             and
             Gentlemen
             of
             the
             Jury
             ,
             I
             desire
             to
             make
             one
             Observation
             ,
             before
             we
             call
             our
             Witnesses
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             Pray
             do
             not
             take
             up
             our
             time
             altogether
             in
             Speeches
             ,
             but
             go
             on
             to
             your
             Evidence
             .
          
        
         
           
             Mr.
             Wallop
             .
          
           
             I
             desire
             to
             observe
             but
             one
             thing
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Make
             your
             Observations
             at
             last
             ,
             but
             spend
             not
             our
             time
             in
             Speeches
             .
             I
             know
             you
             will
             expect
             to
             be
             heard
             at
             last
             ,
             and
             so
             you
             shall
             whatever
             you
             will
             say
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Call
             the
             Earl
             of
             Anglesey
             ,
             the
             Lord
             of
             Clare
             ,
             and
             Lord
             Paget
             .
             Mr.
             Ducas
             .
             
               who
               appearing
               was
               sworn
            
             Now
             we
             have
             him
             here
             we
             must
             begin
             with
             him
             ,
             my
             Lord.
             Mr.
             Ducas
             ,
             Pray
             what
             did
             you
             hear
             my
             Lord
             Howard
             say
             at
             any
             time
             concerning
             this
             Conspiracy
             ,
             and
             who
             were
             concerned
             in
             it
             ,
             and
             who
             were
             not
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             My
             Lord
             Howard
             came
             once
             to
             the
             house
             of
             Colonel
             Sidney
             ,
             I
             believe
             it
             was
             about
             8
             days
             after
             the
             Imprisonment
             of
             Colonel
             Sidney
             ,
             and
             when
             he
             was
             in
             the
             house
             ,
             I
             ask't
             him
             ,
             What
             is
             the
             matter
             my
             Lord
             ?
             he
             did
             answer
             me
             ,
             he
             was
             told
             there
             was
             a
             Plot
             against
             the
             King
             and
             the
             Duke
             ,
             and
             one
             general
             Insurrection
             to
             be
             made
             ,
             and
             that
             Colonel
             Sidney
             sent
             a
             man
             into
             Scotland
             ,
             to
             which
             thing
             my
             Lord
             Howard
             sware
             laying
             his
             hand
             on
             his
             breast
             ,
             saying
             ,
             
               God
               knows
               all
               things
               ,
               and
               God
               knows
               I
               know
               nothing
               of
               that
               ;
               and
               I
               am
               sure
               if
               Colonel
            
             Sidney
             
               had
               known
               any
               thing
               ,
               he
               would
               tell
               me
            
             ;
             and
             I
             said
             ,
             what
             is
             the
             matter
             ,
             my
             Lord
             ?
             are
             you
             afraid
             ?
             and
             he
             made
             answer
             to
             me
             ,
             
               No
               honest
               man
               is
               safe
               in
               his
               own
               house
               ,
               I
               pray
               you
               lend
               me
               a
               Bed
               to
               lie
               in
               .
            
             And
             he
             asked
             me
             about
             the
             Goods
             of
             Colonel
             Sidney
             ,
             because
             of
             the
             Plot
             and
             such
             things
             ,
             and
             he
             desired
             to
             have
             them
             removed
             to
             his
             house
             ;
             and
             he
             said
             ,
             rather
             then
             go
             to
             the
             Tower
             he
             would
             do
             any
             thing
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Speak
             again
             to
             the
             Jury
             that
             did
             not
             hear
             you
             ,
             what
             said
             my
             Lord
             Howard
             to
             you
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             He
             said
             ,
             rather
             then
             to
             be
             a
             Prisoner
             again
             he
             would
             do
             any
             thing
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Who
             to
             be
             a
             Prisoner
             again
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             My
             Lord
             Howard
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             What
             things
             were
             spoken
             of
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             He
             said
             he
             would
             do
             any
             thing
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Were
             you
             speaking
             of
             the
             Conspiracy
             ?
             Of
             the
             Plot
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             He
             spake
             of
             the
             Plot
             ,
             and
             said
             he
             knew
             nothing
             of
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             What
             did
             he
             say
             Sir
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             He
             said
             to
             me
             and
             swore
             ,
             he
             knew
             nothing
             of
             it
             ,
             and
             called
             God
             to
             witness
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Pray
             did
             he
             then
             say
             he
             would
             do
             any
             thing
             rather
             then
             go
             to
             the
             Tower
             ,
             when
             you
             were
             talking
             of
             the
             Plot
             and
             Conspiracy
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             Yes
             ,
             he
             would
             do
             any
             thing
             rather
             then
             be
             a
             Prisoner
             again
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             what
             did
             he
             say
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             He
             raised
             up
             his
             hands
             on
             high
             ,
             and
             said
             ,
             he
             knew
             nothing
             of
             the
             Plot
             ,
             or
             of
             the
             Insurrection
             ,
             or
             that
             Colonel
             Sidney
             had
             sent
             any
             man
             into
             Scotland
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             When
             was
             this
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             I
             believe
             it
             was
             8
             or
             9
             days
             after
             the
             Imprisonment
             of
             Colonel
             Sidney
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             day
             of
             the
             Month
             ,
             and
             what
             Month
             was
             it
             ?
          
        
         
           
             Mr.
             Ducas
             .
          
           
             He
             was
             Imprisoned
             about
             the
             end
             of
             June
             .
          
        
         
           
             L.
             Howard
             .
          
           
             My
             Lord
             ,
             It
             would
             be
             necessary
             that
             I
             should
             make
             an
             answer
             to
             this
             ,
             and
             I
             know
             not
             whether
             I
             should
             make
             a
             particular
             answer
             to
             every
             one
             :
             for
             here
             is
             a
             whole
             set
             of
             Witnesses
             ,
             I
             see
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             No
             ,
             let
             them
             alone
             .
             You
             must
             not
             interrupt
             them
             ,
             they
             must
             go
             on
             with
             their
             Evidence
             ;
             and
             when
             't
             is
             a
             fit
             time
             for
             you
             to
             answer
             them
             ,
             the
             Council
             for
             the
             King
             will
             call
             you
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Pray
             sware
             Mr.
             Howard
             
               which
               was
               done
            
             Pray
             Sir
             ,
             
             will
             you
             please
             to
             acquaint
             my
             Lord
             and
             the
             Jury
             what
             you
             know
             ,
             of
             what
             my
             Lord
             Howard
             has
             said
             of
             the
             Plot
             ,
             and
             who
             were
             concerned
             in
             it
             ?
          
        
         
           
             Mr.
             Howard
             ,
          
           
             My
             Lord
             ,
             what
             I
             have
             said
             is
             in
             the
             Paper
             of
             Mr.
             
             Sidney's
             Tryal
             ,
             and
             truly
             I
             can
             say
             no
             more
             than
             what
             I
             said
             there
             .
          
        
         
           
             Mr.
             Williams
             ,
          
           
             pray
             speak
             out
             Sir
             ,
             and
             tell
             it
             again
             to
             this
             Jury
             .
          
        
         
           
             Mr.
             Howard
             .
          
           
             I
             was
             told
             I
             spake
             it
             very
             loud
             then
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             Sir
             speak
             as
             you
             please
             ,
             We
             wont
             direct
             you
             in
             what
             Key
             you
             shall
             speak
             .
             Speak
             in
             what
             Key
             you
             will.
             
          
        
         
           
             Mr.
             Howard
             .
          
           
             Then
             if
             you
             will
             have
             me
             speak
             it
             ,
             I
             will
             speak
             it
             as
             loud
             again
             .
             My
             Lord
             ,
             is
             Mr.
             Hambden
             here
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             Yes
             ,
             there
             he
             is
             .
          
        
         
           
             Mr.
             Howard
             ,
          
           
             In
             the
             first
             place
             I
             do
             not
             know
             Mr.
             Hambden
             ,
             My
             Lord
             ,
             I
             cannot
             promise
             to
             speak
             the
             very
             words
             that
             I
             spake
             the
             last
             time
             ,
             I
             cannot
             make
             them
             so
             fit
             as
             one
             tally
             fits
             another
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Consider
             ,
             Sir
             ,
             you
             were
             not
             Sworn
             then
             ,
             you
             are
             Sworn
             now
             ,
             That
             is
             the
             difference
             ,
             and
             therefore
             pray
             consider
             of
             it
             .
          
        
         
           
             Mr.
             Howard
             ,
          
           
             My
             Lord
             ,
             As
             near
             as
             I
             can
             ,
             I
             will
             repeat
             the
             same
             words
             again
             ,
             I
             had
             little
             Acquaintance
             with
             my
             Lord
             Howard
             ;
             But
             meeting
             him
             often
             at
             my
             Brothers
             House
             ,
             (
             and
             being
             he
             was
             extraordinary
             pleasant
             Company
             ,
             I
             must
             needs
             say
             that
             he
             was
             so
             ,
             and
             a
             Man
             of
             great
             Wit
             )
             and
             I
             coming
             from
             White-Hall
             ,
             he
             asked
             me
             what
             news
             of
             the
             Plot
             ?
             I
             told
             him
             there
             were
             some
             People
             that
             were
             in
             the
             Proclamation
             ,
             or
             would
             be
             ,
             and
             I
             named
             their
             Names
             .
             Says
             he
             ,
             I
             know
             none
             of
             them
             except
             Rombald
             ,
             I
             think
             ;
             and
             by
             chance
             I
             met
             him
             passing
             through
             the
             Old
             Exchange
             ,
             and
             he
             saluted
             me
             very
             kindly
             .
             After
             this
             my
             Lord
             Russel
             was
             taken
             ,
             and
             when
             my
             Lord
             Howard
             heard
             that
             ,
             says
             he
             ,
             then
             we
             are
             all
             undone
             .
             And
             I
             very
             much
             fear
             it
             is
             a
             Sham
             Plot
             ,
             since
             they
             have
             seized
             upon
             my
             Lord
             ,
             and
             I
             doubt
             he
             is
             a
             lost
             man.
             After
             that
             ,
             I
             think
             as
             near
             as
             I
             can
             remember
             —
             The
             next
             thing
             was
             this
             —
             If
             you
             look
             upon
             the
             Book
             ,
             you
             will
             see
             what
             I
             said
             there
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             We
             are
             not
             to
             look
             upon
             the
             Book
             ,
             man.
             You
             must
             give
             your
             Evidence
             your self
             Mr.
             Howard
             ,
             I
             hope
             you
             do
             not
             Swear
             by
             Book
             ?
             Let
             the
             truth
             come
             out
             in
             Gods
             Name
             ,
             whatever
             it
             be
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Ay
             ,
             my
             Lord
             ,
             We
             desire
             to
             have
             truth
             come
             out
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             whether
             it
             be
             of
             one
             side
             ,
             or
             the
             other
             ,
             God
             forbid
             but
             truth
             should
             be
             spoken
             .
             Mr.
             Howard
             go
             on
             .
          
        
         
           
             Mr.
             Howard
             .
          
           
             Then
             my
             Lord
             Colonel
             ,
             Sidney
             was
             taken
             ,
             and
             says
             my
             Lord
             ,
             I
             am
             extremely
             troubled
             for
             Colonel
             Sidney
             ,
             for
             he
             is
             my
             very
             good
             Friend
             .
             said
             I
             ,
             why
             are
             you
             not
             concerned
             for
             my
             Lord
             Russel
             ?
             He
             is
             of
             your
             Blood
             ,
             says
             he
             ,
             he
             is
             a
             man
             without
             exceptions
             .
             There
             is
             no
             man
             of
             such
             honor
             as
             he
             ,
             but
             I
             am
             concerned
             for
             Colonel
             Sidney
             as
             that
             particular
             man
             that
             has
             obliged
             me
             above
             all
             the
             World
             ,
             but
             I
             never
             heard
             my
             Lord
             Howard
             name
             Mr.
             Hambden
             in
             all
             my
             life
             .
          
        
         
           
             Lord
             Howard
             .
          
           
             I
             l'e
             give
             you
             a
             reason
             for
             it
             My
             Lord
             ,
             if
             you
             please
             ,
             why
             I
             said
             so
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             This
             is
             Evidence
             for
             the
             Defendant
             .
             If
             the
             Kings
             Counsel
             will
             call
             you
             afterwards
             to
             make
             Answer
             to
             any
             of
             these
             things
             ,
             then
             is
             your
             time
             to
             speak
             .
             We
             will
             not
             let
             them
             interrupt
             you
             when
             you
             come
             to
             speak
             ,
             nor
             must
             you
             interrupt
             them
             now
             .
             We
             are
             bound
             to
             hear
             both
             sides
             ,
             and
             so
             by
             the
             grace
             of
             God
             we
             will
             do
             .
          
        
         
           
             Lord
             Howard
             .
          
           
             My
             Lord
             ,
             I
             desire
             both
             he
             and
             his
             Brother
             may
             stay
             in
             Court
             ,
             for
             I
             have
             something
             to
             say
             to
             them
             .
          
        
         
           
           
             Mr.
             Williams
             .
          
           
             Pray
             what
             did
             you
             hear
             my
             Lord
             Howard
             say
             concerning
             the
             Plot
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             He
             did
             deny
             it
             possitively
             ,
             and
             said
             they
             acted
             nothing
             but
             what
             was
             Legal
             ,
             and
             he
             said
             it
             500
             times
             over
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Did
             he
             deny
             it
             ?
          
        
         
           
             Mr.
             Howard
             ,
          
           
             Yes
             he
             did
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             when
             he
             said
             they
             acted
             nothing
             but
             legally
             ,
             what
             did
             he
             mean
             ?
             Was
             this
             Plot
             legal
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             I
             had
             former
             Discourses
             with
             my
             Lord
             Howard
             at
             other
             times
             ,
             and
             I
             asked
             him
             ;
             My
             Lord
             ,
             what
             tends
             all
             this
             to
             ?
             Your
             going
             up
             into
             the
             City
             and
             making
             these
             meetings
             ?
             says
             he
             ,
             we
             intend
             nothing
             but
             what
             is
             legal
             .
             There
             is
             not
             one
             man
             in
             the
             Company
             that
             I
             know
             of
             ,
             intends
             any
             thing
             else
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             What
             was
             my
             Lord's
             Opinion
             of
             the
             Plot
             in
             June
             or
             July
             ,
             or
             August
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             He
             said
             he
             knew
             nothing
             of
             it
             ,
             nor
             could
             he
             believe
             there
             was
             any
             such
             thing
             .
             When
             those
             Persons
             were
             named
             that
             were
             to
             kill
             the
             King
             ,
             
               Lord
               Bless
               me
            
             ,
             said
             he
             ,
             
               can
               there
               be
               such
               a
               thing
               in
               nature
               ,
               that
               any
               men
               should
               be
               so
               wicked
               ,
               but
               that
               there
               is
               one
               man
               of
               Honor
               or
               Estate
               ,
               or
               Conscience
               that
               ever
               had
               any
               such
               thought
               ,
               it
               can
               never
               into
               my
               Head
               ,
               I
               can
               never
               believe
               it
               .
            
          
        
         
           
             Mr.
             Williams
             .
          
           
             When
             was
             this
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             When
             Rombald
             and
             those
             other
             People
             were
             put
             into
             the
             Proclamation
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Mr.
             Howard
             ,
             Then
             I
             will
             ask
             you
             your
             Opinion
             ,
             whether
             in
             your
             Judgment
             ,
             every
             man
             that
             was
             in
             the
             Plot
             could
             not
             have
             said
             so
             much
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             I
             suppose
             every
             man
             in
             the
             Plot
             would
             have
             defended
             himself
             as
             well
             as
             he
             could
             ,
             but
             I
             cannot
             tell
             what
             way
             .
          
        
         
           
             Mr.
             Thompson
             .
          
           
             Sir
             ,
             did
             he
             barely
             affirm
             it
             ,
             or
             with
             Asseverations
             and
             Imprecations
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             My
             Lord
             ,
             was
             not
             upon
             his
             Oath
             before
             me
             .
          
        
         
           
             Mr
             Att.
             Gen.
             
          
           
             Mr
             :
             Howard
             .
             Don't
             you
             believe
             a
             great
             many
             that
             were
             concerned
             in
             this
             Plot
             would
             deny
             it
             ?
          
        
         
           
             Mr.
             Howard
             .
          
           
             I
             am
             to
             give
             my
             Opinion
             only
             for
             my self
             ,
             not
             for
             other
             People
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Have
             you
             done
             with
             him
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             Yes
             my
             Lord.
             
          
        
         
           
             L.
             C
             J.
             
          
           
             Then
             go
             over
             Sir.
             
          
        
         
           
             Mr.
             Howard
             .
          
           
             My
             Lord
             ,
             I
             am
             troubled
             with
             Fumes
             ,
             and
             cannot
             well
             endure
             a
             Crowd
             ,
             therefore
             I
             desire
             I
             may
             have
             leave
             to
             be
             gone
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             may
             go
             if
             you
             please
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Call
             Mr.
             
               Edward
               Howard
            
             ,
             
               but
               he
               did
               not
               appear
            
          
        
         
           Then
           Swear
           my
           Lord
           of
           Clare
           and
           my
           Lord
           Paget
           ,
        
         
           which
           was
           done
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             what
             do
             you
             ask
             my
             Lord
             of
             Clare
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             of
             Clare
             ,
             Will
             your
             Lordship
             please
             to
             acquaint
             the
             Court
             and
             the
             Jury
             ,
             what
             you
             heard
             my
             Lord
             Howard
             say
             concerning
             the
             late
             Conspiracy
             ?
          
        
         
           
             E.
             of
             Clare
             .
          
           
             My
             Lord
             ,
             Some
             indisposition
             I
             have
             had
             of
             late
             ,
             together
             with
             the
             great
             rigour
             of
             the
             season
             has
             confined
             me
             to
             my
             House
             this
             six
             Weeks
             ,
             so
             that
             I
             should
             not
             come
             here
             but
             upon
             this
             Summons
             of
             a
             Subpoena
             ,
             which
             I
             thought
             I
             ought
             not
             to
             refuse
             .
             I
             suppose
             I
             need
             not
             repeat
             much
             of
             what
             was
             said
             at
             Colonel
             
             Sidney's
             Tryal
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             You
             must
             give
             what
             Evidence
             you
             have
             to
             give
             now
             ,
          
        
         
           
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             The
             Gentlemen
             of
             this
             Jury
             have
             not
             heard
             it
             ,
             therefore
             you
             must
             say
             it
             all
             over
             again
             to
             them
             .
          
        
         
           
             E.
             of
             Clare
             .
          
           
             Sometime
             after
             Mr.
             Sidney
             was
             taken
             ,
             my
             Lord
             Howard
             came
             to
             see
             me
             ,
             and
             complaining
             of
             the
             Times
             ,
             said
             ,
             That
             all
             things
             were
             very
             sad
             and
             dangerous
             ,
             and
             if
             ever
             he
             was
             questioned
             again
             ,
             he
             would
             not
             Plead
             ,
             but
             desire
             them
             only
             to
             count
             Noses
             ,
             for
             the
             quickest
             dispatch
             he
             thought
             was
             best
             :
             I
             replyed
             ,
             sure
             his
             Lordship
             was
             in
             jest
             .
             He
             said
             ,
             No
             ,
             he
             was
             in
             earnest
             ,
             for
             he
             was
             confident
             if
             he
             came
             to
             Tryal
             ,
             they
             would
             have
             his
             Life
             ,
             let
             him
             appear
             never
             so
             innocent
             .
             I
             said
             ,
             I
             hoped
             not
             so
             ,
             it
             was
             only
             his
             Lordships
             fear
             ,
             and
             because
             of
             that
             ,
             I
             thought
             it
             might
             be
             presumed
             he
             would
             venture
             much
             ,
             rather
             then
             be
             Tryed
             .
             And
             discoursing
             of
             the
             late
             Primate
             of
             
             Armagh's
             Prophecy
             ;
             He
             said
             ,
             for
             his
             part
             ,
             he
             thought
             the
             Persecution
             was
             already
             begun
             ,
             and
             he
             did
             believe
             it
             would
             be
             very
             sharp
             ,
             but
             withal
             ,
             he
             hoped
             it
             would
             be
             but
             short
             ;
             and
             then
             he
             began
             to
             wish
             himself
             beyond
             Sea
             till
             the
             Troubles
             were
             over
             ;
             and
             in
             complyance
             with
             his
             Lordship
             I
             did
             wish
             so
             too
             .
             But
             as
             to
             Sidney
             ,
             he
             did
             with
             great
             asseverations
             very
             much
             assert
             his
             innocency
             .
             He
             said
             ,
             he
             thought
             he
             was
             not
             guilty
             of
             any
             of
             the
             things
             laid
             to
             his
             Charge
             ;
             and
             spake
             with
             large
             Encomiums
             in
             his
             praise
             ,
             as
             he
             had
             obligation
             to
             do
             ,
             and
             seemed
             to
             bemoan
             his
             misfortunes
             ;
             which
             I
             said
             I
             had
             then
             reason
             to
             believe
             he
             was
             real
             in
             ,
             for
             I
             believe
             never
             any
             man
             was
             more
             engaged
             to
             another
             then
             he
             to
             Colonel
             Sidney
             .
             I
             told
             him
             there
             was
             a
             discourse
             of
             some
             Writings
             of
             Mr.
             Sidneys
             that
             were
             taken
             ;
             he
             said
             he
             was
             confident
             they
             could
             make
             nothing
             of
             any
             Writing
             of
             his
             ;
             I
             told
             him
             ,
             I
             supposed
             he
             meant
             legall
             they
             could
             not
             do
             it
             ,
             This
             was
             the
             most
             he
             said
             ,
             as
             to
             Mr.
             Hambden
             ,
             he
             mentioned
             nothing
             that
             I
             know
             of
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Did
             he
             seem
             to
             declare
             any
             Opinion
             about
             the
             Plot
             or
             Conspiracy
             in
             general
             ,
             That
             there
             was
             any
             such
             thing
             or
             not
             ?
          
        
         
           
             E.
             of
             Clare
             .
          
           
             I
             do
             not
             remember
             it
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             My
             Lord
             of
             Clare
             ,
             Did
             you
             never
             hear
             my
             Lord
             Howard
             before
             this
             complain
             of
             the
             Government
             that
             it
             was
             amiss
             ,
             and
             was
             to
             be
             rectified
             ?
          
        
         
           
             Earl
             of
             Clare
             .
          
           
             Yes
             ,
             he
             often
             did
             complain
             .
             Every
             body
             knows
             my
             Lord's
             way
             of
             discourse
             .
          
        
         
           
             Lord
             Howard
             .
          
           
             Pray
             will
             you
             ask
             him
             ,
             if
             my
             Lord
             of
             Clare
             used
             to
             fall
             out
             with
             me
             upon
             those
             discourses
             .
          
        
         
           
             E.
             of
             Clare
             .
          
           
             My
             Lord
             was
             always
             good
             Company
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             You
             mean
             
               a
               Propos
            
             ,
             My
             Lord.
             
          
        
         
           
             E.
             of
             Clare
             .
          
           
             I
             understand
             what
             you
             mean
             by
             
               a
               Propos
            
             ,
             you
             are
             a
             Learned
             man
             ,
             I
             know
             .
          
        
         
           
             Mr.
             Soll.
             Gen.
             
          
           
             My
             Lord
             of
             Clare
             ,
             if
             I
             apprehend
             your
             Lordship
             aright
             ,
             my
             Lord
             Howard
             was
             discoursing
             of
             the
             Primate
             of
             
             Armagh's
             Prophecy
             ,
             and
             said
             he
             thought
             the
             Persecution
             was
             already
             begun
             ,
             and
             would
             be
             sharp
             ,
             tho'
             he
             hoped
             it
             would
             be
             short
             ,
             and
             he
             wished
             himself
             beyond
             Sea
             till
             the
             Troubles
             were
             over
             ,
             and
             your
             Lordship
             wished
             your self
             so
             too
             ?
          
        
         
           
             E.
             of
             Clare
             .
          
           
             No
             ,
             I
             said
             in
             compliance
             with
             his
             Lordship
             ,
             since
             he
             wished
             himself
             beyond
             Sea
             ,
             till
             the
             Troubles
             were
             over
             ,
             I
             wished
             he
             were
             there
             too
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             I
             perceive
             all
             these
             discourses
             concerning
             the
             Government
             are
             reckoned
             but
             jests
             and
             matter
             of
             Laughter
             ,
             but
             't
             is
             a
             very
             rank
             way
             of
             jesting
             I
             assure
             you
             .
          
        
         
           
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             We
             call
             our
             Witnesses
             seriously
             ,
             they
             are
             the
             Kings
             Council
             that
             jest
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Was
             this
             before
             my
             Lord
             Howard
             was
             taken
             ?
          
        
         
           
             E.
             of
             Clare
             .
          
           
             Yes
             ,
             but
             after
             Mr.
             Sidney
             was
             taken
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             ,
             who
             do
             you
             call
             next
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             Paget
             ,
             Pray
             what
             have
             you
             heard
             my
             Lord
             Howard
             say
             concerning
             the
             Plot
             ,
             and
             when
             ?
          
        
         
           
             L.
             Paget
             .
          
           
             My
             Lord
             sits
             there
             ,
             and
             I
             believe
             he
             may
             remember
             it
             was
             about
             the
             7th
             of
             July
             ,
             the
             Saturday
             before
             my
             Lord
             went
             into
             the
             Country
             ,
             to
             the
             best
             of
             my
             memory
             ,
             which
             was
             ,
             I
             take
             it
             ,
             the
             9th
             of
             July
             .
             Upon
             Saturday
             the
             7th
             at
             Night
             my
             Lord
             came
             to
             see
             me
             ,
             I
             told
             him
             I
             was
             glad
             to
             see
             him
             abroad
             ,
             and
             not
             concerned
             in
             the
             Disorders
             that
             were
             then
             so
             general
             ;
             My
             Lord
             told
             me
             he
             had
             been
             wished
             joy
             by
             several
             ,
             and
             he
             took
             it
             ill
             ,
             because
             it
             looked
             as
             if
             he
             were
             guilty
             .
             'T
             is
             true
             ,
             my
             Lord
             was
             a
             man
             of
             great
             finess
             and
             readiness
             in
             discourse
             ,
             and
             came
             easily
             into
             all
             Company
             ,
             my
             Lord
             said
             that
             was
             true
             ,
             but
             he
             had
             so
             carefully
             behaved
             himself
             ,
             that
             he
             was
             sure
             they
             could
             not
             touch
             him
             with
             any
             thing
             ,
             nor
             did
             he
             know
             any
             thing
             of
             any
             body
             else
             that
             he
             could
             charge
             them
             withal
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             When
             was
             this
             my
             Lord
             ?
          
        
         
           
             L.
             Paget
             .
          
           
             This
             was
             the
             7th
             of
             July
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             good
             my
             Lord
             ,
             Why
             did
             you
             joy
             my
             Lord
             Howard
             ,
             had
             you
             any
             reason
             to
             mistrust
             my
             Lord
             ?
          
        
         
           
             L.
             Paget
             .
          
           
             No
             other
             reason
             ,
             then
             because
             I
             knew
             he
             was
             a
             man
             of
             great
             freedom
             in
             discourse
             ,
             and
             might
             be
             concerned
             upon
             that
             account
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             And
             he
             would
             frequently
             discourse
             against
             the
             Goverment
             I
             suppose
             ?
          
        
         
           
             L.
             Paget
             .
          
           
             No
             ,
             I
             never
             heard
             my
             Lord
             discourse
             against
             the
             Government
             in
             my
             life
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Sware
             Dr.
             Burnet
             
               which
               was
               done
            
             Pray
             will
             you
             Doctor
             acquaint
             the
             Court
             ,
             what
             you
             heard
             my
             Lord
             Howard
             say
             concerning
             the
             late
             Plot
             ,
             and
             when
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             My
             Lord
             Howard
             came
             to
             see
             me
             the
             day
             after
             the
             discourse
             of
             the
             Plot
             broke
             out
             ,
             Thursday
             I
             think
             it
             was
             ,
             on
             Wednesday
             it
             began
             to
             be
             talked
             of
             .
             The
             thing
             was
             little
             understood
             then
             ,
             but
             in
             general
             a
             Plot
             was
             discovered
             ,
             and
             my
             Lord
             with
             a
             great
             many
             Protestations
             ,
             lifting
             up
             his
             hands
             and
             eyes
             to
             Heaven
             ,
             protested
             he
             knew
             of
             none
             ,
             and
             believed
             there
             was
             none
             ,
             and
             spake
             of
             the
             whole
             thing
             as
             a
             Contrivance
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             This
             was
             the
             day
             after
             the
             Discovery
             broke
             out
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             Yes
             ,
             the
             day
             after
             that
             I
             first
             heard
             of
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Had
             you
             any
             other
             discourse
             with
             my
             Lord
             about
             it
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             I
             had
             not
             seen
             my
             Lord
             before
             of
             some
             Months
             .
             And
             then
             he
             spake
             a
             great
             deal
             to
             me
             .
             He
             told
             me
             he
             had
             been
             in
             Essex
             ,
             and
             after
             that
             he
             went
             to
             the
             Bath
             ,
             and
             went
             so
             early
             and
             came
             away
             before
             the
             Company
             came
             ,
             because
             he
             would
             avoid
             all
             danger
             .
             And
             he
             expressed
             great
             apprehensions
             of
             fear
             of
             Sham-Plots
             ,
             and
             spake
             of
             False
             Witnesses
             and
             former
             designs
             of
             that
             Nature
             .
             The
             truth
             of
             it
             was
             ,
             one
             had
             possessed
             me
             much
             with
             a
             belief
             of
             the
             thing
             ,
             it
             being
             then
             but
             a
             secret
             ,
             but
             he
             strove
             to
             dispossess
             me
             of
             that
             belief
             ,
             and
             his
             whole
             discourse
             ran
             upon
             that
             for
             an
             whole
             hour
             ,
             and
             expressed
             ,
             as
             I
             said
             ,
             great
             fear
             of
             some
             Sham-Contrivance
             ,
             and
             spake
             much
             of
             false
             Witnesses
             ,
             wishing
             that
             he
             were
             beyond
             Sea.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             ,
             he
             spake
             as
             if
             there
             were
             like
             to
             be
             great
             heats
             and
             stirs
             ,
             I
             suppose
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             No
             ,
             the
             talk
             was
             about
             the
             Discovery
             ,
             which
             he
             said
             he
             believed
             was
             a
             Contrivance
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Did
             my
             Lord
             Howard
             use
             to
             come
             to
             you
             some
             times
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             Yes
             ,
             he
             used
             to
             come
             frequently
             to
             see
             me
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Dr.
             Burnet
             ,
             Pray
             let
             me
             ask
             you
             one
             Question
             ,
             you
             spake
             of
             solemn
             Declarations
             and
             Protestations
             made
             by
             my
             Lord
             Howard
             ,
             what
             gave
             the
             occasion
             to
             such
             a
             Solemnity
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             I
             will
             tell
             you
             the
             occasion
             truly
             ,
             tho
             it
             was
             never
             asked
             me
             before
             .
             It
             was
             thus
             ,
             I
             being
             possessed
             with
             the
             belief
             of
             the
             thing
             by
             one
             that
             assured
             me
             it
             was
             true
             ,
             and
             would
             soon
             appear
             to
             be
             so
             ,
             I
             argued
             upon
             that
             belief
             to
             convince
             my
             Lord
             Howard
             ,
             that
             it
             was
             true
             ,
             and
             he
             argued
             a
             great
             deal
             to
             dispossess
             me
             of
             that
             belief
             .
             And
             I
             said
             ,
             if
             there
             be
             any
             such
             thing
             I
             pray
             God
             forgive
             them
             that
             are
             concerned
             ,
             but
             certainly
             it
             is
             one
             of
             the
             monstrousest
             ill
             things
             that
             ever
             was
             
             done
             ;
             for
             hereby
             they
             have
             done
             all
             that
             could
             be
             done
             to
             ruine
             the
             Protestant
             Religion
             .
             He
             was
             smoaking
             a
             Pipe
             of
             Tobacco
             ,
             and
             he
             laid
             down
             his
             Pipe
             ,
             and
             lifted
             up
             his
             hands
             and
             eyes
             to
             Heaven
             ,
             and
             protested
             to
             me
             ,
             he
             neither
             knew
             of
             any
             such
             thing
             ,
             nor
             believed
             it
             ,
             but
             it
             was
             all
             a
             Contrivance
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             By
             his
             discourse
             ,
             you
             possibly
             might
             understand
             what
             he
             meant
             ,
             did
             he
             mean
             being
             privy
             to
             the
             Murder
             of
             the
             King
             or
             the
             raising
             of
             Rebellion
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             There
             was
             not
             a
             word
             then
             of
             the
             Assassination
             ,
             but
             it
             was
             all
             of
             the
             Plot
             in
             general
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Did
             he
             make
             no
             distinction
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             We
             talked
             of
             nothing
             but
             Plot
             in
             general
             .
             For
             the
             particulars
             were
             not
             then
             known
             .
             It
             was
             only
             about
             the
             general
             notion
             of
             a
             Plot.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             what
             was
             the
             reason
             you
             had
             to
             believe
             it
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             There
             was
             a
             Gentleman
             from
             Whitehall
             that
             came
             to
             see
             me
             ,
             and
             he
             did
             assure
             me
             it
             was
             true
             ,
             as
             being
             one
             that
             had
             it
             from
             a
             Privy-Councellor
             .
             This
             was
             on
             the
             Wednesday
             when
             the
             Council
             sate
             long
             about
             it
             ;
             and
             nothing
             of
             particulars
             was
             then
             let
             out
             ,
             but
             only
             a
             discourse
             in
             general
             of
             such
             a
             thing
             ,
             and
             he
             said
             it
             would
             be
             found
             to
             be
             a
             certain
             truth
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             But
             Doctor
             did
             not
             you
             a
             little
             wonder
             at
             the
             carriage
             of
             my
             Lord
             Howard
             ?
             That
             a
             man
             that
             was
             not
             accused
             ,
             that
             you
             heard
             of
             ,
             should
             make
             such
             solemn
             Protestations
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             My
             Lord
             ,
             he
             said
             just
             in
             this
             manner
             as
             I
             have
             told
             you
             ,
             when
             I
             said
             ,
             
               Pray
               God
               forgive
               them
               if
               any
               have
               been
               concerned
               in
               such
               a
               thing
               ,
            
             he
             laid
             down
             his
             Pipe
             ,
             and
             lift
             up
             his
             hands
             and
             eyes
             .
             Whether
             he
             thought
             I
             suspected
             him
             or
             no
             ,
             I
             can't
             tell
             ,
             he
             best
             knows
             his
             own
             thoughts
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Did
             he
             say
             a
             word
             of
             Mr.
             Hambden
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             No
             ,
             there
             was
             not
             any
             particular
             person
             named
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             Doctor
             ,
             he
             would
             not
             make
             you
             his
             Confessor
             .
          
        
         
           
             Dr.
             Burnet
             .
          
           
             His
             whole
             hours
             discourse
             was
             to
             dispossess
             me
             of
             the
             opinion
             and
             belief
             I
             had
             entertained
             of
             the
             Plot.
             
          
        
         
           
             Mr.
             
               Just
               .
               Holloway
            
             .
          
           
             This
             was
             about
             July
             you
             say
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             I
             cannot
             remember
             the
             very
             day
             of
             the
             Month
             ,
             I
             believe
             it
             was
             the
             latter
             end
             of
             June
             ,
             but
             I
             am
             sure
             it
             was
             before
             any
             body
             was
             Committed
             ,
             that
             we
             heard
             of
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             Dr.
             Burnet
             ,
             you
             say
             you
             did
             believe
             there
             was
             a
             Plot
             then
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             Yes
             ,
             I
             did
             so
             ,
             and
             he
             laboured
             to
             dispossess
             me
             of
             that
             belief
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             Pray
             do
             you
             believe
             it
             now
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             What
             a
             question
             is
             that
             ,
             Mr.
             Serjeant
             ?
          
        
         
           
             Dr.
             Burnet
             .
          
           
             I
             make
             no
             doubt
             of
             it
             ,
             Sir
             ,
             as
             to
             the
             Assassination
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             My
             Lord
             Newport
             ,
             Why
             do
             you
             lift
             up
             your
             hands
             ?
             you
             don't
             do
             well
             ;
             for
             it
             is
             a
             very
             proper
             question
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             call
             your
             next
             Witness
             Gentlemen
             ?
          
        
         
           
             Mr.
             Thompson
             .
          
           
             Swear
             Mr.
             Gisborne
             
               which
               was
               done
            
          
        
         
           
             Mr.
             Williams
             .
          
           
             Pray
             Sir
             ,
             will
             you
             acquaint
             the
             Court
             and
             the
             Jury
             what
             you
             have
             heard
             my
             Lord
             Howard
             say
             about
             the
             late
             Conspiracy
             ?
          
        
         
           
             Mr.
             Gisborne
             .
          
           
             My
             Lord
             only
             said
             he
             knew
             nothing
             of
             the
             Plot
             ;
             that
             is
             all
             I
             can
             say
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             When
             was
             this
             ?
          
        
         
           
             Mr.
             Gisborne
             .
          
           
             The
             Saturday
             before
             he
             was
             taken
             into
             Custody
             ;
             then
             it
             was
             that
             your
             honour
             did
             say
             so
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Ay
             ,
             and
             100
             more
             I
             believe
             would
             say
             so
             ,
             that
             might
             be
             concerned
             in
             it
             for
             all
             that
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Swear
             Mr.
             Blake
             
               which
               was
               done
            
             Pray
             acquaint
             my
             Lord
             and
             the
             Jury
             ,
             what
             discourse
             you
             had
             with
             my
             Lord
             Howard
             about
             his
             Pardon
             ,
             and
             what
             he
             said
             to
             you
             ?
          
        
         
           
             Mr.
             Blake
             .
          
           
             My
             Lord
             ,
             About
             the
             Month
             of
             October
             last
             my
             Lord
             Howard
             sent
             to
             me
             to
             know
             how
             I
             did
             ,
             and
             desired
             me
             to
             come
             and
             make
             him
             a
             Visit
             .
             The
             next
             day
             I
             went
             and
             waited
             upon
             my
             Lord
             at
             his
             Lodging
             at
             White-hall
             ,
             and
             after
             the
             Complements
             passed
             ,
             my
             Lord
             began
             a
             discourse
             of
             the
             Plot
             ,
             and
             I
             told
             him
             ,
             That
             I
             heard
             none
             of
             the
             Witnesses
             had
             their
             Pardons
             ,
             but
             only
             Keiling
             the
             first
             discoverer
             .
             My
             Lord
             told
             me
             no
             ,
             but
             he
             had
             a
             Warrant
             for
             his
             Pardon
             ,
             and
             with
             that
             he
             plucked
             it
             out
             and
             shewed
             it
             me
             ,
             and
             I
             read
             it
             .
             And
             then
             I
             told
             him
             I
             
             thought
             it
             was
             of
             no
             avail
             without
             he
             had
             his
             Pardon
             actually
             under
             Seal
             .
             He
             said
             no
             ,
             but
             he
             had
             their
             word
             and
             honour
             ;
             But
             ,
             said
             he
             ,
             when
             I
             first
             received
             the
             Warrant
             ,
             they
             said
             I
             should
             not
             meddle
             in
             it
             till
             I
             heard
             from
             them
             again
             ;
             which
             I
             have
             not
             yet
             ,
             and
             I
             ascribe
             it
             to
             no
             other
             reason
             but
             only
             this
             ,
             That
             I
             must
             not
             have
             it
             till
             the
             drudgery
             of
             swearing
             it
             over
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             When
             was
             this
             ?
          
        
         
           
             Mr.
             Blake
             .
          
           
             In
             October
             last
             some
             time
             .
             So
             I
             then
             took
             my
             leave
             of
             my
             Lord
             ,
             and
             my
             Lord
             desired
             me
             to
             come
             and
             see
             him
             at
             Night
             about
             6
             a
             Clock
             in
             the
             Evening
             ,
             for
             he
             had
             a
             great
             many
             came
             to
             him
             ,
             but
             then
             he
             should
             be
             at
             leisure
             ,
             and
             had
             many
             things
             to
             say
             to
             me
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             At
             that
             time
             did
             my
             Lord
             express
             himself
             as
             discontented
             ,
             and
             that
             it
             was
             irksome
             to
             him
             to
             be
             brought
             as
             a
             Witness
             ?
          
        
         
           
             Mr.
             Blake
             .
          
           
             He
             only
             said
             those
             words
             that
             I
             have
             told
             you
             ,
             and
             looked
             up
             and
             turned
             up
             his
             eyes
             towards
             Heaven
             when
             he
             said
             so
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Pray
             where
             is
             Mr.
             
               Benjamin
               Mercer
            
             ?
             sware
             him
             .
             
               who
               was
               sworn
            
          
        
         
           
             L.
             C.
             J.
             
          
           
             What
             do
             you
             ask
             him
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             bring
             him
             to
             prove
             that
             my
             Lord
             Anglesey
             was
             served
             with
             a
             Subpoena
             ,
             but
             is
             so
             ill
             of
             the
             Gout
             he
             can't
             come
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             that
             be
             all
             ,
             there
             is
             no
             question
             of
             it
             ,
             but
             that
             he
             was
             Subpoened
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             If
             your
             Lordship
             please
             ,
             We
             will
             prove
             in
             what
             condition
             my
             Lord
             Anglesey
             is
             ,
             and
             then
             we
             hope
             your
             Lordship
             will
             give
             us
             leave
             to
             prove
             what
             my
             Lord
             has
             said
             concerning
             my
             Lord
             
             Howard's
             discourses
             with
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             No
             certainly
             ,
             Mr.
             Williams
             ,
             and
             I
             am
             sure
             you
             ask
             it
             not
             as
             expecting
             it
             should
             be
             granted
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             lay
             it
             before
             your
             Lordship
             and
             the
             Court.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             you
             lay
             it
             before
             us
             ,
             but
             you
             are
             a
             Lawyer
             ,
             do
             you
             your self
             think
             fit
             it
             should
             be
             done
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             I
             must
             submit
             it
             to
             you
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Come
             ,
             will
             you
             consent
             ,
             that
             what
             the
             Duke
             of
             Monmouth
             has
             said
             ,
             shall
             be
             given
             in
             Evidence
             ,
             and
             then
             I
             presume
             the
             King's
             Council
             will
             consent
             to
             your
             request
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             consent
             ?
             Here
             is
             my
             Clyent
             ,
             My
             Lord
             ,
             in
             Court
             ,
             I
             can
             consent
             to
             nothing
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             if
             so
             be
             there
             be
             leave
             given
             on
             one
             side
             to
             tell
             what
             another
             person
             has
             said
             ,
             why
             should
             not
             it
             be
             consented
             to
             on
             the
             other
             side
             ,
             that
             it
             be
             proved
             what
             a
             3d
             person
             that
             is
             absent
             has
             said
             for
             them
             ?
          
        
         
           
             Mr.
             Recorder
             .
          
           
             Ay
             ,
             will
             you
             consent
             that
             we
             prove
             what
             the
             Duke
             of
             Monmouth
             has
             said
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             don't
             know
             what
             the
             Duke
             of
             Monmouth
             has
             said
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             you
             do
             know
             't
             is
             not
             Evidence
             ,
             nor
             fit
             to
             be
             granted
             what
             you
             ask
             .
          
        
         
           
             Mr.
             Jones
             .
          
           
             You
             know
             that
             't
             is
             not
             for
             your
             purpose
             what
             he
             has
             said
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             We
             must
             go
             according
             to
             our
             Instructions
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             you
             know
             the
             Law
             ,
             why
             should
             you
             offer
             any
             such
             thing
             ?
             your
             offering
             it
             will
             make
             the
             
               Lay
               gens
            
             that
             know
             not
             the
             Law
             ,
             think
             that
             the
             Court
             put
             hardships
             upon
             people
             ,
             in
             denying
             things
             which
             you
             that
             understand
             the
             Law
             know
             can't
             be
             granted
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             do
             not
             press
             it
             my
             Lord
             ,
             but
             leave
             it
             with
             you
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Why
             do
             you
             spend
             our
             time
             in
             urging
             things
             that
             are
             nothing
             to
             the
             purpose
             ,
             and
             cannot
             be
             allowed
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             Now
             my
             Lord
             ,
             We
             will
             go
             on
             to
             another
             part
             of
             our
             defence
             ,
             and
             that
             is
             ,
             to
             call
             Witnesses
             to
             the
             Reputation
             of
             Mr.
             Hambden
             ,
             and
             his
             behaviour
             ,
             to
             satisfie
             you
             ,
             that
             he
             cannot
             be
             such
             a
             person
             as
             the
             Indictment
             says
             ,
             and
             as
             he
             must
             be
             if
             it
             be
             true
             what
             this
             Gentleman
             my
             Lord
             Howard
             has
             sworn
             .
          
        
         
           
             Mr.
             Thompson
             .
          
           
             We
             will
             first
             examine
             my
             Lord
             Paget
             .
             
               who
               stood
               up
            
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             We
             ask
             you
             to
             that
             question
             .
             Have
             you
             known
             this
             Gentleman
             Mr.
             Hambden
             ,
             and
             what
             a
             sort
             of
             a
             man
             is
             he
             ?
          
        
         
           
             Lord
             Paget
             .
          
           
             I
             have
             good
             reason
             to
             know
             him
             .
             I
             have
             known
             him
             a
             great
             while
             ,
             and
             have
             always
             believed
             him
             an
             Honest
             and
             a
             Prudent
             man
             ,
             a
             man
             of
             Honor
             and
             Vertue
             and
             Integrity
             ,
             my
             Lord
             ;
             and
             I
             have
             had
             no
             reason
             to
             have
             other
             Opinion
             of
             him
             .
             I
             know
             he
             has
             been
             always
             ever
             since
             he
             came
             abroad
             into
             the
             World
             a
             man
             that
             hath
             loved
             his
             Study
             ,
             and
             Books
             and
             a
             contemplative
             life
             .
             And
             therefore
             I
             should
             not
             be
             apt
             to
             believe
             ,
             That
             he
             could
             apply
             himself
             to
             a
             thing
             so
             contrary
             to
             his
             own
             nature
             ,
             and
             to
             that
             way
             that
             he
             delighted
             in
             ,
             and
             had
             always
             
             hitherto
             applied
             himself
             unto
             ,
             I
             mean
             to
             ingage
             in
             a
             design
             of
             so
             much
             Malice
             and
             Wickedness
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             You
             have
             had
             a
             long
             Conversation
             with
             the
             knowledge
             of
             Mr.
             Hambden
             ,
             you
             say
             .
             What
             say
             you
             as
             to
             his
             Disposition
             ;
             Because
             this
             Indictment
             says
             he
             is
             a
             Person
             of
             a
             Turbulent
             ,
             Factious
             ,
             Seditious
             Spirit
             ?
          
        
         
           
             Lord
             Paget
             .
          
           
             I
             have
             always
             known
             him
             a
             quiet
             peaceable
             man
             ,
             not
             medling
             in
             Business
             ,
             very
             Friendly
             ,
             free
             from
             all
             Turbulency
             ,
             not
             of
             much
             acquaintance
             nor
             desirous
             to
             make
             much
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Pray
             my
             Lord
             Paget
             ,
             upon
             the
             same
             Oath
             you
             have
             taken
             ,
             have
             you
             not
             at
             any
             time
             heard
             him
             express
             dissatisfaction
             as
             to
             the
             Male-administration
             of
             the
             Government
             ?
          
        
         
           
             Lord
             Pagett
             .
          
           
             No
             ,
             never
             to
             me
             in
             the
             least
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Not
             at
             the
             time
             of
             the
             last
             Westminster
             Parliament
             ?
          
        
         
           
             Lord
             Pagett
             .
          
           
             No
             ,
             I
             never
             heard
             him
             then
             ,
             nor
             at
             any
             time
             else
             .
          
        
         
           
             Mr.
             Willams
             .
          
           
             Mr.
             Hambden
             was
             then
             in
             France
             ,
             and
             not
             in
             that
             Parliament
             ,
             tho
             he
             was
             a
             Member
             .
             Where
             is
             Mr.
             Pelham
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             Here
             he
             is
             .
             He
             sits
             down
             here
             
               pointing
               to
               the
               Table
            
             What
             would
             you
             ask
             him
             ?
             
               He
               was
               Sworn
            
          
        
         
           
             Mr.
             Williams
             .
          
           
             Sir
             ,
             Will
             you
             please
             to
             acquaint
             the
             Court
             ,
             what
             acquaintance
             you
             have
             had
             with
             Mr.
             Hambden
             ,
             and
             how
             long
             ?
             And
             what
             you
             know
             of
             him
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             You
             hear
             the
             Question
             ,
             Sir
             ,
             how
             long
             have
             you
             been
             acquainted
             with
             Mr.
             Hambden
             ?
          
        
         
           
             Mr.
             Pelham
             .
          
           
             I
             have
             been
             acquainted
             with
             Mr.
             Hambden
             about
             five
             or
             six
             Years
             living
             near
             him
             ,
             and
             all
             that
             I
             could
             observe
             from
             him
             was
             ,
             that
             he
             was
             a
             man
             much
             addicted
             to
             his
             Studies
             ,
             kept
             much
             at
             home
             ,
             and
             I
             never
             observed
             that
             he
             had
             much
             acquaintance
             ,
             but
             as
             to
             the
             business
             before
             you
             ,
             I
             know
             nothing
             of
             it
             ,
             nor
             ever
             heard
             him
             speak
             any
             thing
             relating
             to
             it
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             As
             to
             his
             Spirit
             and
             Disposition
             ,
             is
             he
             a
             Turbulent
             Man
             ?
          
        
         
           
             Mr.
             Pelham
             .
          
           
             No
             ,
             I
             never
             found
             him
             any
             thing
             like
             it
             .
             We
             never
             talked
             together
             of
             matters
             of
             that
             nature
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Were
             you
             ever
             in
             his
             Company
             at
             any
             time
             when
             he
             discoursed
             about
             Government
             ?
          
        
         
           
             Mr.
             Pelham
             .
          
           
             No
             ,
             I
             was
             never
             with
             him
             at
             any
             time
             when
             he
             discoursed
             of
             any
             such
             thing
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Sir
             
               Henry
               Hobart
            
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             We
             oppose
             his
             being
             a
             Witness
             .
             He
             is
             one
             of
             his
             Bail.
             
          
        
         
           
             Mr.
             Williams
             .
          
           
             That
             was
             upon
             the
             
               Habeas
               Corpus
            
             Act
             ,
             not
             upon
             this
             Indictment
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             If
             he
             be
             Bail
             for
             the
             Defendant
             ,
             my
             Lord
             ,
             he
             cannot
             be
             a
             Witness
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             I
             appeal
             to
             the
             Rule
             of
             Court
             ,
             whether
             he
             was
             not
             Bail
             upon
             the
             
               Habeas
               Corpus
            
             Act
             only
             ?
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Appeal
             where
             you
             will
             ,
             the
             Bail
             cannot
             be
             a
             Witness
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             moved
             for
             an
             
               Habeas
               Corpus
            
             the
             beginning
             of
             last
             Term
             upon
             the
             late
             Act
             for
             Habeas
             Corpus's
             .
             And
             then
             at
             the
             last
             day
             of
             the
             Term
             upon
             
               Habeas
               Corpus
            
             he
             was
             brought
             up
             thither
             ,
             and
             was
             Bailed
             upon
             that
             Writ
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Are
             not
             you
             one
             of
             the
             Bail
             ,
             Sir
             
               Henry
               Hobart
            
             ?
          
        
         
           
             Sir
             
               Henry
               Hobart
            
             .
          
           
             I
             was
             one
             of
             his
             Bail
             ,
             I
             think
             it
             was
             for
             his
             appearance
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             he
             be
             one
             of
             his
             Bail
             that
             he
             shall
             appear
             in
             this
             Court
             the
             first
             day
             of
             this
             Term
             ,
             and
             so
             from
             day
             to
             day
             till
             he
             shall
             be
             discharged
             ,
             and
             remains
             under
             that
             Recognizance
             ,
             then
             in
             any
             Case
             against
             him
             ,
             he
             cannot
             be
             a
             Witness
             for
             him
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             But
             they
             mistake
             the
             matter
             ,
             He
             was
             then
             charged
             with
             this
             Indictment
             ,
             He
             then
             Pleaded
             to
             it
             ,
             and
             was
             Bailed
             to
             answer
             the
             Indictment
             ;
             and
             surely
             in
             that
             case
             he
             can
             never
             be
             a
             Witness
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             That
             is
             certainly
             very
             true
             ,
             and
             you
             know
             the
             Law
             so
             well
             Mr.
             Williams
             that
             I
             wonder
             you
             will
             insist
             of
             it
             ;
             in
             every
             ordinary
             Case
             it
             is
             every
             days
             practice
             to
             deny
             the
             Bail
             to
             be
             Witnesses
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Here
             is
             the
             person
             principal
             ,
             will
             they
             render
             him
             in
             Custody
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             what
             say
             you
             ,
             will
             you
             render
             him
             in
             custody
             ?
             Then
             we
             will
             discharge
             the
             Bail.
             
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             I
             will
             tell
             you
             what
             we
             will
             do
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Tell
             me
             what
             you
             will
             do
             !
             answer
             my
             question
             ,
             will
             you
             render
             him
             in
             Custody
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             We
             will
             change
             the
             Bail
             ,
             My
             Lord
             ,
             and
             find
             some
             other
             
             sufficient
             Person
             to
             stand
             in
             Sr.
             Henry
             Hobart's
             place
             ,
             rather
             then
             lose
             our
             Witness
             .
          
        
         
           
             L.
             Ch.
             Just
             .
          
           
             With
             all
             my
             Heart
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Here
             is
             Mr.
             Ashhurst
             ,
             my
             Lord
             ,
             a
             Gentleman
             of
             very
             good
             value
             .
          
        
         
           
             L.
             J.
             C.
             
          
           
             But
             you
             must
             render
             him
             first
             ,
             and
             change
             the
             whole
             Bail.
             They
             must
             enter
             into
             new
             Recognizances
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             I
             can't
             tell
             whether
             we
             can
             do
             that
             so
             very
             well
             ,
             because
             the
             others
             I
             am
             afraid
             are
             not
             all
             here
             .
             He
             is
             a
             mighty
             material
             Witness
             I
             am
             sure
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             Mr.
             Williams
             says
             he
             is
             a
             material
             Witness
             ,
             let
             him
             be
             sworn
             ,
             I
             am
             so
             fair
             ,
             I
             'll
             consent
             to
             it
             :
             Let
             us
             hear
             what
             he
             can
             say
             .
             
               Which
               was
               done
               .
            
          
        
         
           
             Mr.
             Will.
             
          
           
             We
             thank
             you
             Mr.
             Attorney
             .
             I
             am
             afraid
             you
             won't
             live
             long
             ,
             you
             are
             so
             good
             natured
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             you
             are
             like
             to
             live
             for
             your
             good
             Nature
             ,
             Mr.
             Williams
             .
          
        
         
           
             Mr.
             Thompson
             .
          
           
             Sir
             
               Henry
               Hobart
            
             ,
             How
             long
             have
             you
             been
             acquainted
             with
             this
             Gentleman
             ,
             Mr.
             Hambden
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             I
             have
             known
             him
             any
             time
             these
             Ten
             years
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             How
             has
             he
             been
             ,
             Sir
             ,
             as
             to
             his
             Disposition
             and
             Spirit
             ?
             Did
             you
             ever
             find
             him
             to
             be
             of
             a
             turbulent
             temper
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             Very
             far
             from
             it
             always
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Have
             you
             had
             any
             intimate
             conversation
             with
             him
             ?
          
        
         
           
             Sir.
             
               H.
               Hobart
            
             .
          
           
             I
             have
             known
             him
             all
             along
             ,
             I
             say
             ,
             these
             Ten
             years
             ,
             but
             of
             late
             ,
             I
             have
             had
             more
             converse
             with
             him
             some
             few
             years
             in
             Travel
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Had
             you
             much
             conversation
             ,
             Sir.
             
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             I
             was
             with
             him
             continually
             at
             Paris
             ,
             and
             abroad
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             What
             say
             you
             as
             to
             his
             Loyalty
             and
             Principles
             ?
             Was
             he
             a
             Factious
             ,
             Seditious
             Person
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             Sir
             ,
             He
             always
             expressed
             a
             great
             esteem
             for
             the
             Government
             ,
             and
             great
             respect
             and
             duty
             to
             the
             King.
             
          
        
         
           
             Mr.
             Will.
             
          
           
             Pray
             Sir
             ,
             when
             went
             Mr.
             Hambden
             abroad
             to
             go
             into
             France
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             He
             went
             into
             France
             for
             his
             Health
             about
             November
             ,
             (
             80.
             )
             I
             think
             it
             was
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             How
             long
             did
             he
             continue
             abroad
             ,
             Sir
             Henry
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             I
             found
             him
             in
             Paris
             the
             May
             after
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             How
             long
             did
             you
             tarry
             there
             ,
             Sir
             ,
             your self
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             I
             went
             from
             Paris
             in
             June
             ,
             and
             came
             back
             again
             to
             Paris
             about
             October
             ,
             or
             November
             the
             same
             Year
             ,
             and
             I
             found
             him
             in
             France
             still
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             And
             when
             do
             you
             take
             it
             ,
             he
             returned
             into
             England
             .
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             I
             was
             with
             him
             till
             he
             came
             over
             ,
             which
             was
             about
             September
             ,
             (
             82
             I
             think
             .
          
        
         
           
             Mr.
             Thompson
             .
          
           
             What
             do
             you
             know
             ,
             Sir
             ,
             of
             his
             intentions
             to
             go
             again
             beyond
             Sea
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             When
             ,
             Sir
             ,
             do
             you
             mean
             ?
          
        
         
           
             Mr.
             Thompson
             .
          
           
             Since
             that
             time
             he
             came
             over
             ,
             you
             say
             in
             September
             ,
             (
             82.
             )
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             He
             told
             me
             of
             it
             often
             ,
             I
             think
             it
             was
             about
             March
             ,
             more
             particularly
             once
             at
             his
             own
             house
             .
          
        
         
           
             Mr.
             Thompson
             .
          
           
             What
             March
             ,
             Sir
             ?
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             March
             (
             83.
             )
          
        
         
           
             Mr.
             Thompson
             .
          
           
             That
             is
             last
             March.
             
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             Yes
             ,
             last
             March
             ,
             he
             talked
             of
             it
             several
             times
             particularly
             ,
             once
             I
             went
             about
             some
             business
             of
             my
             own
             ,
             and
             then
             he
             discours'd
             a
             great
             deal
             of
             his
             going
             over
             with
             my
             Lord
             Mountague
             ,
             that
             now
             is
             ;
             for
             he
             told
             me
             his
             health
             was
             not
             yet
             established
             ,
             for
             he
             came
             over
             out
             of
             an
             hot
             Country
             in
             Autumn
             and
             had
             been
             all
             the
             Winter
             in
             this
             colder
             Country
             ,
             and
             the
             Air
             he
             found
             had
             impaired
             his
             health
             again
             .
             And
             it
             was
             not
             only
             what
             he
             told
             me
             ,
             but
             I
             had
             a
             Letter
             from
             a
             Friend
             of
             mine
             in
             France
             to
             whom
             I
             had
             sent
             to
             desire
             him
             to
             come
             over
             ;
             but
             he
             writ
             me
             word
             ,
             no
             ,
             Mr
             Hambden
             was
             coming
             over
             again
             ,
             and
             he
             would
             not
             come
             back
             yet
             .
          
        
         
           
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Did
             he
             tell
             you
             when
             he
             intended
             to
             go
             over
             ,
             Sir
             Henry
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             As
             soon
             as
             Mr.
             Mountague
             ,
             my
             Lord
             Mountague
             that
             now
             is
             ,
             could
             get
             ready
             who
             was
             to
             carry
             his
             Lady
             over
             with
             him
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Sir
             ,
             Do
             you
             know
             of
             any
             preparation
             made
             by
             Mr.
             Hambden
             for
             it
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             He
             had
             resolved
             to
             take
             his
             Lady
             with
             him
             ,
             because
             Mr.
             Mountagues
             Lady
             went
             ,
             and
             so
             I
             believe
             did
             prepare
             accordingly
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Did
             Mr.
             Mountague
             go
             over
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             He
             did
             not
             go
             then
             ,
             but
             since
             he
             is
             gone
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Were
             you
             in
             France
             then
             at
             this
             time
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             This
             was
             in
             England
             at
             his
             own
             house
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Pray
             ,
             Sir
             ,
             what
             is
             his
             Disposition
             ?
          
        
         
           
             Sir.
             
               H.
               Hobart
            
             .
          
           
             He
             was
             always
             inclined
             to
             a
             studious
             Life
             ,
             and
             kept
             very
             little
             Company
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Was
             this
             in
             March
             ,
             83
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             Yes
             ,
             he
             came
             over
             in
             September
             before
             .
             I
             always
             observed
             him
             to
             be
             of
             a
             retired
             temper
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             You
             say
             in
             1680.
             he
             went
             into
             France
             ,
             and
             in
             (
             82
             )
             he
             came
             over
             again
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             Yes
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             ,
             Sir
             Henry
             ,
             since
             you
             convers'd
             so
             much
             with
             him
             ;
             Have
             you
             heard
             him
             since
             the
             last
             Parliament
             at
             Westminster
             ,
             or
             at
             any
             time
             have
             you
             been
             by
             ,
             when
             he
             hath
             discours'd
             his
             Opinion
             about
             Government
             .
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             Truly
             ,
             Sir
             ,
             I
             don't
             take
             my self
             to
             be
             capable
             of
             discoursing
             with
             him
             about
             any
             such
             matters
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Have
             you
             heard
             him
             at
             any
             time
             complain
             of
             the
             Male
             Administration
             of
             the
             Government
             ?
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             No
             ,
             Sir.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Have
             you
             never
             heard
             any
             such
             thing
             from
             him
             ?
          
        
         
           
             Sir
             
               H.
               Hobart
            
             .
          
           
             No
             ,
             never
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Swear
             Dr.
             Lupee
             .
             —
             My
             Lord
             ,
             We
             must
             desire
             an
             Interpreter
             ,
             for
             the
             Dr.
             Speaks
             French
             only
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Swear
             an
             Interpreter
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Dr.
             Burnet
             ,
             or
             if
             he
             be
             gone
             ,
             call
             Sir
             
               Henry
               Ho.
            
             again
             .
             We
             must
             beg
             the
             favor
             of
             you
             ,
             Sir
             Henry
             to
             be
             an
             Interpreter
             ,
             you
             understand
             the
             French
             Tongue
             very
             well
             .
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             I
             will
             do
             it
             with
             all
             my
             Heart
             ,
             Sir
             ,
             as
             well
             as
             I
             can
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Swear
             him
             .
          
        
         
           
             Cryer
             .
          
           
             You
             shall
             well
             ,
             and
             truly
             ,
             Interpret
             between
             the
             Court
             and
             the
             Witness
             ,
             
             and
             the
             Witness
             and
             the
             Court
             according
             ,
             to
             the
             best
             of
             your
             skill
             and
             knowledge
             :
             So
             help
             you
             God.
             
          
        
         
           
             Mr.
             Thompson
             .
          
           
             Sir
             Henry
             ,
             Will
             you
             please
             to
             repeat
             what
             Questions
             we
             shall
             ask
             ,
             and
             what
             Answers
             he
             makes
             ?
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             Yes
             ,
             Sir
             ,
             as
             well
             as
             I
             can
             ,
             I
             will.
             
          
        
         
           
             Mr.
             Will.
             
          
           
             Pray
             ,
             Sir
             ,
             ask
             the
             Dr.
             this
             Question
             ,
             If
             he
             be
             acquainted
             with
             Mr.
             Hambden
             ?
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             Yes
             ,
             he
             says
             very
             well
             .
             He
             lived
             near
             two
             years
             with
             him
             .
          
        
         
           
             Mr.
             Thompson
             .
          
           
             How
             long
             is
             it
             since
             ?
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             Four
             years
             since
             he
             says
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Pray
             in
             that
             time
             ,
             What
             was
             his
             Disposition
             ?
             Was
             he
             a
             Seditious
             and
             Turbulent
             Man
             ?
             Or
             was
             he
             a
             studious
             retired
             Man
             ,
             or
             What
             ?
          
        
         
           
             Sir
             
               H.
               Ho.
            
             
          
           
             He
             says
             the
             two
             years
             he
             lived
             with
             Mr.
             Hambden
             ,
             he
             kept
             him
             Company
             in
             his
             Studys
             ,
             and
             all
             that
             time
             he
             found
             he
             had
             no
             other
             inclinations
             but
             for
             study
             and
             knowledge
             ,
             and
             his
             inclinations
             were
             very
             Vertuous
             .
             He
             always
             observed
             in
             his
             Discourse
             a
             great
             submission
             ,
             and
             respect
             that
             he
             had
             for
             the
             Laws
             of
             his
             Nation
             and
             his
             Prince
             ,
             and
             to
             that
             degree
             he
             was
             a
             faithful
             Subject
             to
             the
             King
             ,
             that
             once
             he
             told
             him
             in
             discoursing
             with
             him
             of
             the
             late
             Popish
             Plot
             ,
             that
             he
             was
             ready
             to
             Sacrifice
             his
             Life
             and
             Fortune
             for
             the
             King's
             service
             .
          
        
         
           
           
             Mr.
             Thomp
             .
          
           
             Ask
             him
             what
             discourse
             he
             had
             with
             him
             of
             the
             Plot
             since
             it
             brake
             out
             ?
          
        
         
           
             L.
             C.
             Just
             .
          
           
             Will
             that
             be
             any
             evidence
             do
             you
             think
             ,
             Mr.
             Thompson
             ?
             Will
             Mr.
             
             Hambden's
             declaration
             be
             any
             evidence
             ,
             he
             being
             a
             Person
             accused
             ?
             Do
             you
             think
             he
             would
             tell
             the
             Doctor
             ,
             or
             any
             Body
             else
             that
             he
             was
             Guilty
             ,
             when
             he
             was
             like
             to
             be
             questioned
             ?
             That
             would
             have
             been
             a
             wise
             business
             indeed
             .
             You
             say
             ,
             he
             was
             a
             very
             studious
             Man
             ,
             and
             a
             learned
             Man
             ,
             truly
             if
             he
             had
             done
             that
             ,
             he
             had
             bestow'd
             his
             time
             in
             Learning
             to
             very
             good
             purpose
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             My
             Lord
             ,
             That
             ,
             that
             we
             would
             ask
             him
             is
             this
             ;
             This
             Person
             the
             Doctor
             being
             discoursing
             with
             Mr.
             Hambden
             upon
             the
             discovery
             of
             the
             late
             Conspiracy
             ,
             and
             of
             the
             dangerousness
             of
             the
             time
             ,
             he
             would
             have
             advised
             Mr.
             Hambden
             to
             have
             gone
             ;
             no
             ,
             he
             said
             ,
             he
             would
             not
             ,
             for
             he
             was
             an
             innocent
             Man
             ,
             and
             would
             not
             stir
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             ,
             ask
             him
             what
             you
             will
             ,
             but
             his
             declaration
             of
             his
             own
             Innocence
             cannot
             be
             taken
             for
             Evidence
             .
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             says
             ,
             since
             this
             Plot
             was
             discovered
             ,
             he
             was
             going
             one
             Day
             to
             visit
             Mr.
             Hambden
             ,
             and
             going
             through
             long
             Acre
             he
             met
             a
             French
             Minister
             ,
             a
             Savoyard
             Minister
             ,
             —
             But
             ,
             my
             Lord
             he
             speaks
             so
             fast
             ,
             and
             goes
             on
             with
             so
             much
             at
             a
             time
             ,
             that
             I
             cannot
             remember
             it
             all
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Well
             ,
             what
             said
             that
             Minister
             to
             him
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             says
             this
             Minister
             asked
             him
             ,
             if
             Mr.
             Hambden
             was
             not
             concerned
             in
             the
             Plot
             ,
             and
             upon
             that
             he
             went
             and
             told
             him
             what
             the
             Minister
             had
             said
             to
             him
             —
             He
             says
             ,
             he
             told
             Mr.
             Hambden
             ,
             that
             the
             Duke
             of
             Monmouth
             ,
             and
             my
             Lord
             Gray
             were
             hid
             —
             He
             says
             ,
             upon
             that
             Mr.
             Hambden
             said
             to
             him
             ,
             I
             will
             never
             fly
             ,
             nor
             conceal
             my self
             ,
             for
             my
             Conscience
             reproaches
             me
             in
             nothing
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ask
             him
             why
             does
             he
             think
             the
             French
             Minister
             ,
             the
             Savoyard
             as
             he
             calls
             him
             ,
             should
             ask
             whether
             Mr.
             Hambden
             were
             in
             the
             Plot
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             says
             Mr.
             Hambden
             said
             he
             would
             rather
             die
             innocent
             then
             fly
             with
             the
             imputation
             of
             guilt
             upon
             him
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             ask
             him
             the
             Question
             I
             put
             ,
             Why
             should
             that
             Savoyard
             Parson
             say
             so
             ?
             what
             reason
             had
             he
             to
             think
             Mr.
             Hamdden
             was
             in
             the
             Plot
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             says
             the
             Minister
             did
             ask
             him
             ,
             but
             he
             can't
             tell
             what
             Reason
             he
             had
             to
             think
             so
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Pray
             ,
             Sir
             Henry
             ,
             ask
             him
             this
             Question
             ;
             How
             long
             ago
             it
             was
             since
             he
             left
             him
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             Four
             year
             he
             says
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Where
             was
             it
             in
             England
             or
             France
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             Whilst
             he
             lived
             in
             Bloomsbury
             ,
             he
             says
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Call
             Dr.
             Needham
             and
             Monsieur
             Justell
             ,
             
               who
               appeared
               and
               Monsieur
               Justell
               was
               sworn
               .
            
             Pray
             ,
             Sir
             H.
             Hobart
             will
             you
             ask
             Monsieur
             Justell
             who
             speaks
             French
             too
             :
             If
             he
             know
             any
             thing
             of
             Mr.
             
             Hambden's
             Resolution
             to
             Travel
             with
             Mr.
             Mountague
             into
             France
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             says
             ,
             Yes
             .
             He
             did
             tell
             him
             he
             was
             going
             into
             France
             ,
             and
             he
             offered
             to
             carry
             some
             Books
             for
             him
             along
             with
             him
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             What
             Company
             was
             he
             to
             go
             in
             ,
             and
             what
             time
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             says
             ,
             Sir
             ,
             he
             can't
             be
             exact
             to
             the
             Month
             when
             Mr.
             Hambden
             spake
             of
             going
             over
             ,
             but
             he
             says
             it
             was
             a
             great
             while
             before
             this
             Plot
             came
             to
             be
             discovered
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Was
             it
             some
             Months
             before
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             It
             was
             a
             Month
             before
             it
             was
             known
             he
             says
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             In
             what
             Company
             was
             he
             to
             go
             ?
          
        
         
           
             Sir
             H.
             Ho.
             
          
           
             He
             said
             he
             was
             to
             go
             with
             Mr.
             Mountague
             .
          
        
         
           
             Mr.
             Conyers
             .
          
           
             Pray
             ,
             Sir
             ,
             Will
             you
             ask
             him
             ,
             Was
             he
             employ'd
             to
             get
             any
             French
             Servants
             to
             be
             with
             him
             ?
          
        
         
           
             Sir
             H.
             Hobart
             .
          
           
             Yes
             ,
             he
             says
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             but
             what
             was
             the
             Question
             ;
             for
             there
             is
             such
             a
             crowd
             of
             People
             before
             the
             Council
             that
             the
             Court
             cannot
             hear
             Mr.
             
             Conyer's
             Question
             .
          
        
         
           
           
             Mr.
             Can.
             
          
           
             My
             Lord
             ,
             I
             asked
             him
             ,
             Whether
             he
             was
             employ'd
             to
             get
             any
             French
             Servants
             to
             be
             with
             Mr.
             Hambden
             .
          
        
         
           
             Sir
             H.
             H.
             
          
           
             Yes
             ,
             he
             says
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             there
             is
             Dr.
             Needham
             ,
             What
             do
             you
             ask
             him
             ?
          
        
         
           
             Mr.
             Will.
             
          
           
             
             We
             call
             Dr.
             Needham
             for
             this
             purpose
             my
             Lord
             ,
             to
             prove
             that
             these
             Gentlemen
             that
             are
             accused
             ,
             Mr.
             Hambden
             ,
             and
             my
             Lord
             of
             Essex
             ,
             and
             the
             others
             ,
             had
             very
             little
             esteem
             ,
             and
             mean
             Opinion
             of
             my
             Lord
             Howard
             .
             And
             how
             one
             ,
             they
             so
             little
             esteemed
             should
             be
             let
             into
             so
             great
             a
             secret
             ,
             will
             be
             very
             strange
             to
             imagine
             .
             Dr.
             Needham
             ,
             Pray
             ,
             what
             can
             you
             say
             of
             any
             of
             these
             Gentlemens
             Opinions
             of
             my
             Lord
             Howard
             ?
             What
             Opinion
             had
             my
             Lord
             of
             Essex
             of
             him
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             Is
             my
             Lord
             of
             Essex
             now
             before
             us
             ?
             What
             is
             that
             to
             this
             Case
             ,
             Mr.
             Williams
             ?
             Let
             my
             Lord
             of
             Essex
             have
             what
             Opinion
             he
             would
             of
             him
             ;
             How
             does
             that
             concern
             the
             Defendant
             ?
          
        
         
           
             Mr.
             Will.
             
          
           
             I
             tell
             you
             why
             ,
             I
             offer
             it
             my
             Lord.
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             pray
             ,
             offer
             what
             is
             evidence
             ,
             and
             keep
             to
             the
             business
             before
             you
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             
               Falsus
               in
               uno
               ,
               falsus
               in
               omnibus
               .
            
             If
             we
             can
             prove
             that
             ,
             what
             he
             hath
             said
             of
             my
             Lord
             of
             Essex
             is
             false
             he
             is
             not
             to
             be
             believed
             against
             the
             Defendant
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Ay
             ,
             but
             upon
             the
             evidence
             of
             my
             Lord
             Howard
             ,
             all
             the
             rest
             were
             convicted
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             I
             offer
             it
             only
             upon
             what
             is
             here
             to
             day
             before
             you
             .
             He
             says
             ,
             my
             Client
             ,
             and
             my
             Lord
             of
             Essex
             were
             confederate
             with
             him
             upon
             such
             a
             design
             .
             Now
             if
             my
             Lord
             of
             Essex
             was
             not
             there
             ,
             then
             he
             is
             false
             in
             that
             ,
             and
             that
             he
             was
             not
             ,
             we
             offer
             this
             as
             evidence
             ,
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             't
             is
             not
             a
             proper
             Evidence
             in
             this
             Case
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             'T
             is
             a
             sort
             of
             evidence
             .
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             't
             is
             a
             sort
             of
             evidence
             ,
             but
             't
             is
             not
             to
             be
             allowed
             .
             If
             you
             will
             prove
             Mr.
             
             Hambden's
             Opinion
             you
             may
             ,
             but
             you
             must
             not
             for
             him
             bring
             proof
             of
             what
             my
             Lord
             of
             Essex
             ,
             a
             Third
             Person
             ,
             thought
             of
             my
             Lord
             Howard
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             I
             only
             offer
             it
             thus
             —
          
        
         
           
             L.
             C.
             J.
             
          
           
             Offer
             what
             is
             Evidence
             Man
             !
             You
             are
             a
             Practiser
             ,
             and
             know
             what
             is
             Evidence
             ,
             but
             you
             have
             offered
             two
             or
             three
             things
             to
             Day
             ,
             that
             I
             know
             you
             do
             at
             the
             same
             time
             know
             is
             not
             evidence
             ,
             and
             I
             speak
             it
             that
             it
             may
             not
             be
             thought
             we
             deny
             you
             ,
             you
             or
             your
             Clyent
             any
             thing
             that
             is
             according
             to
             the
             course
             of
             Law.
             You
             that
             know
             the
             Law
             ,
             know
             't
             is
             so
             as
             we
             say
             .
             Mr.
             Attorney
             has
             gratified
             you
             in
             waving
             three
             or
             four
             things
             already
             ,
             but
             nothing
             will
             satisfie
             unless
             we
             break
             the
             course
             of
             other
             Tryals
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             My
             Lord
             ,
             What
             I
             take
             not
             to
             be
             Evidence
             I
             do
             not
             offer
             ,
             and
             where
             the
             Court
             over-rules
             me
             ,
             I
             have
             not
             insisted
             upon
             it
             .
          
        
         
           
             L.
             C.
             Just
             .
          
           
             No!
             
          
        
         
           
             Mr.
             Will.
             
          
           
             No
             ,
             my
             Lord.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             But
             you
             would
             have
             insisted
             upon
             it
             ,
             if
             Mr.
             Attorney
             would
             have
             been
             so
             easy
             as
             to
             consent
             ,
             and
             the
             Court
             would
             have
             let
             you
             .
             Pray
             keep
             to
             the
             Business
             ,
             and
             the
             methods
             of
             Law
             ;
             you
             know
             the
             Law
             very
             well
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             My
             Lord
             ,
             I
             humbly
             apprehend
             this
             may
             be
             Evidence
             ,
             and
             I
             lay
             it
             before
             you
             .
             My
             Lord
             Howard
             has
             proved
             that
             my
             Lord
             of
             Essex
             ,
             and
             Five
             more
             ,
             of
             which
             Mr.
             Hambden
             was
             one
             ,
             met
             and
             consulted
             about
             such
             matters
             .
             We
             may
             I
             hope
             be
             admitted
             to
             prove
             ,
             That
             my
             Lord
             of
             Essex
             was
             not
             there
             ;
             for
             if
             we
             can
             take
             off
             his
             positive
             proof
             ,
             as
             to
             any
             one
             of
             the
             Circumstances
             ,
             we
             take
             off
             from
             the
             Truth
             of
             the
             Fact.
             If
             all
             the
             Persons
             were
             not
             there
             ;
             then
             my
             Lord
             Howard
             is
             mistaken
             in
             that
             ,
             and
             accordingly
             must
             not
             be
             believed
             in
             the
             rest
             ;
             Therefore
             my
             Lord
             ,
             I
             press
             it
             no
             otherwise
             :
             He
             hath
             proved
             these
             Six
             Persons
             were
             there
             I
             offer
             this
             as
             some
             Evidence
             ,
             That
             it
             is
             unlikely
             it
             should
             be
             so
             ,
             because
             my
             Lord
             of
             Essex
             had
             so
             little
             Opinion
             of
             my
             Lord
             Howard
             ,
             that
             he
             would
             never
             consult
             with
             him
             about
             any
             matter
             .
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             Then
             certainly
             my
             Lord
             Howard
             is
             to
             be
             believed
             to
             all
             intents
             and
             purposes
             ,
             for
             here
             is
             a
             Record
             of
             the
             Conviction
             of
             my
             Lord
             Russel
             ,
             and
             of
             Colonel
             Sidney
             and
             all
             upon
             the
             Testimony
             of
             this
             Gentleman
             my
             Lord
             Howard
             ,
             and
             is
             not
             that
             more
             to
             support
             his
             credit
             then
             a
             flying
             Report
             of
             a
             third
             Persons
             Opinion
             of
             him
             .
             And
             yet
             after
             all
             we
             say
             't
             is
             no
             Evidence
             against
             Mr.
             Hambden
             ,
             and
             has
             been
             waved
             by
             Mr.
             Attorney
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Then
             I
             will
             not
             press
             it
             ,
             my
             Lord.
             
          
        
         
           
             Mr.
             
               J.
               Withins
            
             .
          
           
             It
             is
             no
             evidence
             certainly
             ,
             Mr.
             Williams
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             It
             seems
             my
             Lord
             of
             Essex
             had
             such
             an
             Opinion
             of
             my
             Lord
             
             Howard's
             Evidence
             ,
             That
             he
             thought
             fit
             to
             cut
             his
             own
             Throat
             rather
             than
             abide
             the
             Tryal
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Call
             Mr.
             Murray
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Suppose
             my
             Lord
             of
             Essex
             had
             said
             ,
             That
             he
             was
             out
             of
             the
             Plot
             ,
             and
             Mr.
             Hambden
             was
             in
             ,
             would
             that
             have
             been
             good
             Evidence
             against
             Mr.
             Hambden
             do
             you
             think
             ?
             Pray
             mind
             what
             is
             the
             business
             before
             you
             ?
          
        
         
           
             Mr.
             Will.
             
          
           
             Swear
             Mr.
             Murray
             .
             
               Which
               was
               done
               .
            
          
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             ,
             what
             do
             you
             ask
             this
             Man
             ?
          
        
         
           
             Mr.
             Will.
             
          
           
             My
             Lord
             ,
             We
             call
             him
             as
             to
             what
             I
             opened
             of
             my
             Lord
             
             Howard's
             Opinion
             of
             the
             World
             to
             come
             ,
             and
             rewards
             ,
             and
             punishments
             there
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Mr.
             Will.
             Pray
             take
             notice
             of
             this
             ,
             Private
             discourses
             that
             People
             can't
             come
             to
             make
             answer
             unto
             ,
             because
             they
             can't
             imagine
             to
             have
             them
             objected
             ,
             are
             a
             very
             odd
             sort
             of
             an
             Evidence
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Therefore
             I
             opened
             it
             warily
             and
             tenderly
             my
             Lord
             ,
             the
             Witness
             will
             tell
             you
             the
             story
             better
             than
             I.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             cannot
             tell
             what
             Mr.
             Williams
             has
             said
             ,
             or
             I
             have
             said
             in
             heat
             of
             talk
             or
             vanity
             .
             God
             knows
             how
             often
             all
             of
             us
             have
             taken
             the
             great
             Name
             of
             God
             in
             vain
             :
             Or
             have
             said
             more
             than
             becomes
             us
             ,
             and
             talked
             of
             things
             that
             we
             should
             not
             do
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             how
             can
             my
             Lord
             Howard
             be
             prepared
             to
             give
             any
             answer
             to
             this
             ?
          
        
         
           
             L.
             How.
             
          
           
             My
             Lord
             ,
             This
             presses
             hard
             upon
             my
             Reputation
             my
             Lord.
             I
             profess
             before
             God
             I
             do
             not
             know
             this
             fellow
             ,
             I
             never
             saw
             him
             in
             my
             Life
             before
             as
             I
             know
             :
             But
             a
             Company
             of
             impudent
             fellows
             take
             the
             liberty
             of
             saying
             what
             they
             please
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             To
             rake
             into
             the
             whole
             course
             of
             a
             Man's
             life
             is
             very
             hard
             .
          
        
         
           
             L.
             How.
             
          
           
             I
             would
             fain
             have
             these
             fellows
             dare
             to
             say
             this
             any
             where
             else
             of
             me
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             Well
             my
             Lord
             ,
             we
             will
             wave
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             They
             do
             not
             think
             it
             a
             fit
             thing
             to
             press
             it
             .
          
        
         
           
             L.
             How.
             
          
           
             But
             my
             Lord
             it
             concerns
             me
             in
             my
             Reputation
             ;
             who
             is
             this
             Rascal
             they
             bring
             here
             ?
             God's
             life
             who
             is
             he
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             We
             must
             be
             tender
             of
             Men's
             reputations
             ,
             and
             not
             let
             every
             thing
             come
             as
             evidence
             when
             't
             is
             not
             fit
             to
             be
             evidence
             ,
             to
             put
             Slurs
             and
             Scandals
             upon
             Men
             that
             they
             can't
             be
             prepared
             to
             wipe
             off
             .
             Is
             he
             convicted
             of
             any
             crime
             ?
             If
             he
             is
             you
             say
             something
             ,
             shew
             the
             Record
             of
             it
             .
          
        
         
           
             Mr.
             
               J.
               Withins
            
             .
          
           
             Mr.
             Will.
             you
             know
             the
             Case
             adjudged
             lately
             in
             this
             Court
             ,
             a
             Person
             was
             indicted
             of
             Forgery
             we
             would
             not
             let
             them
             give
             evidence
             of
             any
             other
             Forgeries
             ,
             but
             that
             for
             which
             he
             was
             indicted
             ,
             because
             we
             would
             not
             suffer
             any
             raking
             into
             Men's
             course
             of
             life
             ,
             to
             pick
             up
             evidence
             that
             they
             can't
             be
             prepared
             to
             answer
             to
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             We
             have
             that
             respect
             for
             my
             Lord's
             Honour
             too
             as
             not
             to
             press
             it
             ,
             only
             we
             had
             it
             in
             our
             briefs
             ,
             and
             we
             must
             go
             according
             to
             our
             Instructions
             .
          
        
         
           
             L.
             How.
             
          
           
             I
             desire
             to
             know
             who
             that
             Rascal
             is
             ;
             What
             is
             he
             ?
             Where
             does
             he
             live
             ?
             I
             will
             make
             him
             an
             Example
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Pray
             compose
             your self
             my
             Lord
             ,
             There
             is
             nothing
             of
             this
             pressed
             .
          
        
         
           
             L.
             How.
             
          
           
             To
             say
             ,
             I
             am
             an
             Atheist
             my
             Lord
             !
             What
             can
             be
             a
             greater
             reflection
             ?
          
        
         
           
           
             L.
             C.
             J.
             
          
           
             He
             has
             not
             told
             us
             any
             such
             thing
             as
             yet
             .
             And
             we
             will
             take
             care
             that
             nothing
             shall
             be
             offered
             but
             what
             is
             fitting
             .
          
        
         
           
             L.
             Ho.
             
          
           
             I
             vow
             to
             God
             my
             Lord
             ,
             I
             do
             not
             know
             the
             Man.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             Do
             you
             think
             that
             every
             thing
             that
             a
             Man
             speaks
             at
             the
             Bar
             for
             his
             Client
             ,
             and
             his
             Fee
             ,
             is
             therefore
             to
             be
             believed
             ,
             because
             he
             said
             it
             ?
             No
             ,
             the
             Jury
             are
             to
             take
             nothing
             here
             for
             Evidence
             to
             guide
             them
             of
             what
             the
             Counsel
             say
             ,
             but
             what
             is
             approved
             .
             They
             are
             to
             judge
             
               secundum
               allegata
               &
               probata
            
             ,
             that
             is
             their
             duty
             .
          
        
         
           
             L.
             Ho.
             
          
           
             Does
             that
             fellow
             look
             like
             a
             Man
             of
             that
             Figure
             ,
             That
             I
             should
             say
             any
             thing
             ,
             or
             have
             any
             conversation
             with
             him
             ?
          
        
         
           
             L.
             C.
             J.
             
          
           
             My
             Lord
             ,
             I
             don't
             know
             what
             he
             is
             .
             Go
             on
             Gent.
             
          
        
         
           
             Mr.
             Will.
             
          
           
             My
             Lord
             ,
             VVe
             have
             done
             with
             our
             Evidence
             .
             If
             Mr.
             Attorney
             will
             leave
             it
             here
             ,
             we
             will.
             
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             My
             Lord
             ,
             we
             won't
             mistrust
             the
             Evidence
             ,
             nor
             the
             Court.
             
          
        
         
           
             Mr.
             Hambden
             .
          
           
             My
             Lord
             ,
             I
             desire
             to
             speak
             a
             word
             my self
             ,
             if
             you
             please
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             in
             God's
             Name
             .
             You
             ,
             or
             your
             Counsel
             ,
             I
             will
             hear
             all
             you
             will
             say
             ,
             and
             as
             long
             as
             you
             will
             speak
             ,
             provided
             you
             speak
             within
             the
             bounds
             of
             decency
             .
          
        
         
           
             Mr.
             Will.
             
          
           
             My
             Lord
             ,
             I
             think
             it
             best
             to
             leave
             it
             to
             the
             Court
             :
             VVe
             hope
             we
             have
             made
             it
             clear
             that
             our
             Client
             is
             Innocent
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             VVould
             to
             God
             you
             were
             Innocent
             ,
             that
             is
             the
             worst
             wish
             I
             wish
             you
             ,
             but
             we
             will
             either
             hear
             him
             or
             you
             speak
             ,
             speak
             as
             long
             as
             you
             will.
             
          
        
         
           
             Mr.
             VVallop
             .
          
           
             My
             Lord.
             I
             desire
             to
             make
             but
             one
             Observation
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             in
             God's
             Name
             make
             what
             Observations
             you
             will.
             
          
        
         
           
             Mr.
             VVallop
             ,
          
           
             I
             hindred
             you
             from
             making
             your
             Observations
             at
             first
             ,
             because
             I
             knew
             it
             would
             be
             desired
             after
             the
             Evidence
             was
             over
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Then
             my
             Lord
             ,
             I
             expect
             to
             be
             heard
             too
             .
             If
             Mr.
             Hambden
             makes
             a
             Speech
             ,
             I
             will
             reply
             ,
             or
             if
             his
             Counsel
             do
             it
             ,
             I
             expect
             the
             last
             word
             ,
             for
             I
             will
             have
             neither
             the
             Party
             ,
             nor
             the
             Counsel
             to
             speak
             after
             I
             have
             summ'd
             up
             the
             Evidence
             for
             the
             King.
             Mr.
             Hambden
             ,
             and
             his
             Counsel
             are
             all
             one
             .
          
        
         
           
             Mr.
             VVallop
             .
          
           
             I
             have
             but
             one
             short
             Observation
             to
             make
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Go
             on
             then
             ,
             Mr
             VVallop
             ▪
             and
             say
             what
             you
             will.
             
          
        
         
           
             Mr.
             
               J.
               VVithins
            
             .
          
           
             I
             think
             't
             is
             very
             fit
             you
             should
             do
             it
             of
             both
             sides
             ;
             't
             is
             a
             cause
             of
             great
             concernment
             .
          
        
         
           
             Mr.
             VVill.
             
          
           
             My
             Lord
             ,
             We
             will
             leave
             it
             here
             I
             think
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Take
             your
             own
             course
             ,
             Do
             not
             say
             we
             hinder
             you
             of
             saying
             what
             you
             will
             for
             your
             Client
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             Let
             them
             do
             what
             they
             will.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             'll
             sit
             still
             ,
             make
             speeches
             every
             one
             of
             you
             as
             long
             as
             you
             will.
             
          
        
         
           
             Mr.
             
               Just
               .
               VValcot
            
             .
          
           
             'T
             is
             fit
             they
             should
             speak
             what
             they
             can
             for
             the
             advantage
             of
             their
             Client
             .
          
        
         
           
             Mr.
             VVill.
             
          
           
             My
             Lord
             ,
             VVe
             leave
             it
             to
             the
             Court.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Gentlemen
             of
             the
             Jury
             ,
             the
             Evidence
             has
             been
             something
             long
             ,
             and
             the
             Counsel
             both
             for
             the
             King
             ,
             and
             for
             Mr.
             Hambden
             against
             whom
             this
             Indictment
             has
             already
             been
             found
             by
             the
             Grand
             Jury
             ,
             having
             left
             it
             to
             the
             Court
             to
             Sum
             up
             all
             ,
             I
             shall
             do
             it
             as
             well
             as
             I
             can
             :
             And
             the
             Question
             before
             you
             Gentlemen
             is
             ,
             VVhether
             the
             Defendant
             be
             guilty
             of
             the
             Offence
             charged
             in
             the
             Indictment
             ,
             or
             not
             Guilty
             ,
             and
             there
             having
             been
             so
             long
             an
             Evidence
             on
             the
             one
             side
             ,
             and
             on
             the
             other
             ,
             it
             will
             be
             fit
             for
             me
             according
             to
             the
             best
             of
             my
             remembrance
             to
             help
             your
             Memories
             by
             recollecting
             what
             has
             been
             said
             on
             both
             sides
             which
             I
             shall
             do
             as
             near
             as
             I
             can
             ,
             and
             if
             my
             Brethren
             will
             please
             to
             supply
             any
             thing
             that
             shall
             be
             omitted
             by
             me
             ,
             nay
             ,
             if
             the
             Counsel
             for
             the
             King
             ,
             or
             for
             the
             Prisoner
             will
             put
             us
             in
             mind
             of
             any
             thing
             that
             has
             been
             spoken
             ,
             and
             proved
             either
             against
             ,
             or
             for
             the
             Party
             indicted
             ,
             
             in
             God's
             Name
             let
             them
             have
             liberty
             to
             speak
             it
             :
             For
             it
             is
             fit
             the
             Question
             should
             be
             left
             before
             you
             with
             all
             fairness
             ,
             and
             according
             to
             the
             best
             of
             my
             Observation
             and
             Memory
             thus
             it
             stands
             .
          
           
             The
             first
             thing
             Gentlemen
             that
             is
             considerable
             to
             you
             ,
             is
             ,
             that
             there
             is
             such
             an
             Indictment
             as
             has
             been
             already
             opened
             unto
             you
             ,
             that
             is
             preferred
             against
             Mr.
             Hambden
             ,
             that
             does
             set
             forth
             ,
             that
             Mr.
             Hambden
             is
             a
             Seditious-Person
             ,
             and
             a
             Man
             according
             to
             the
             Language
             of
             the
             Indictment
             (
             which
             are
             words
             of
             course
             and
             form
             in
             an
             Indictment
             of
             this
             Nature
             )
             of
             an
             evil
             disposition
             ,
             designing
             to
             disturb
             and
             distract
             the
             Government
             ,
             and
             that
             he
             with
             several
             other
             Persons
             did
             conspire
             to
             Bring
             in
             troubles
             ,
             and
             perplexities
             upon
             the
             Government
             ;
             and
             in
             order
             to
             that
             ,
             that
             there
             were
             some
             meetings
             between
             him
             and
             several
             other
             Persons
             and
             that
             there
             was
             a
             design
             to
             conciliate
             some
             Persons
             of
             another
             Nation
             to
             go
             along
             with
             them
             in
             their
             design
             ,
             particularly
             some
             in
             the
             Kingdom
             of
             Scotland
             .
             This
             is
             the
             purport
             in
             the
             Indictment
             ,
             to
             which
             the
             Defendant
             has
             pleaded
             not
             Guilty
             .
          
           
             Gentlemen
             ,
             The
             Evidence
             for
             the
             King
             has
             been
             of
             this
             sort
             ,
             they
             did
             at
             the
             beginning
             ,
             which
             yet
             I
             must
             tell
             you
             by
             the
             way
             ,
             is
             not
             any
             thing
             of
             Evidence
             ,
             but
             the
             Kings
             Counsel
             would
             make
             some
             Overtures
             to
             press
             on
             their
             side
             ,
             as
             the
             Defendant
             ,
             and
             those
             that
             are
             of
             Counsel
             for
             Mr.
             Hambden
             have
             made
             some
             little
             hints
             to
             press
             on
             their
             side
             ,
             that
             some
             Witnesses
             the
             one
             and
             the
             others
             would
             have
             had
             here
             ,
             were
             subpoena'd
             but
             could
             not
             be
             here
             .
             It
             seems
             by
             the
             proof
             ,
             Here
             was
             a
             meeting
             ,
             as
             it
             was
             between
             Six
             several
             Persons
             ,
             and
             they
             Name
             them
             ,
             the
             Duke
             of
             Monmouth
             was
             one
             ,
             the
             Lord
             Howard
             another
             ,
             the
             Lord
             Russel
             a
             Third
             ,
             the
             Earl
             of
             Essex
             a
             Fourth
             ,
             
               Algernoon
               Sidney
            
             a
             Fifth
             ,
             and
             Mr.
             Hambden
             the
             Sixth
             .
             As
             for
             my
             Lord
             of
             Essex
             he
             is
             gone
             to
             his
             long
             home
             ,
             my
             Lord
             Russel
             ,
             and
             Mr.
             Sidney
             have
             received
             Sentence
             ,
             and
             been
             executed
             .
             So
             there
             remains
             Three
             Surviviving
             ,
             and
             say
             they
             that
             are
             for
             the
             King
             :
             We
             produce
             my
             Lord
             Howard
             ,
             and
             we
             have
             taken
             care
             to
             Summon
             the
             Duke
             of
             Monmouth
             by
             leaving
             Subpoenas
             where
             it
             could
             be
             thought
             he
             was
             to
             be
             met
             with
             ,
             with
             Promises
             of
             his
             Servants
             to
             deliver
             them
             to
             him
             in
             order
             to
             have
             the
             Duke
             to
             be
             a
             Witness
             for
             the
             King
             this
             Day
             .
             I
             presume
             the
             meaning
             is
             ,
             They
             would
             infer
             from
             that
             ,
             that
             they
             would
             give
             an
             account
             of
             the
             fairness
             of
             this
             proceeding
             ,
             tho
             it
             has
             been
             a
             matter
             that
             has
             obtained
             a
             sort
             of
             belief
             in
             the
             World
             ,
             as
             tho
             the
             Duke
             of
             Monmouth
             had
             denied
             ,
             that
             there
             was
             any
             such
             thing
             as
             this
             Confederacy
             and
             Conspiracy
             :
             And
             that
             has
             given
             People
             occasion
             to
             be
             of
             very
             different
             Opinions
             ,
             and
             persuasions
             about
             the
             matter
             ;
             but
             say
             they
             ,
             to
             shew
             we
             are
             not
             afraid
             to
             have
             the
             Truth
             come
             out
             ,
             we
             have
             done
             as
             much
             as
             in
             us
             lay
             to
             get
             this
             Person
             hither
             :
             Therefore
             we
             have
             left
             Subpoena's
             at
             his
             Houses
             ,
             at
             his
             Lodging
             with
             his
             Servants
             ,
             and
             they
             have
             promised
             to
             take
             care
             they
             should
             be
             delivered
             to
             him
             ,
             and
             he
             is
             not
             come
             .
             Against
             this
             on
             the
             other
             side
             ,
             say
             they
             ,
             for
             the
             Defendant
             ,
             VVe
             have
             taken
             all
             the
             care
             we
             could
             to
             bring
             my
             Lord
             Anglesey
             ,
             who
             was
             to
             have
             been
             a
             VVitness
             for
             the
             advantage
             of
             the
             Person
             indicted
             ,
             but
             my
             Lord
             Anglesey
             is
             at
             present
             afflicted
             with
             a
             fit
             of
             the
             Gout
             ,
             and
             for
             that
             very
             reason
             we
             can't
             have
             him
             here
             .
             And
             so
             they
             shew
             ,
             that
             they
             have
             been
             very
             zealous
             to
             get
             VVitnesses
             on
             their
             side
             to
             vindicate
             their
             Reputation
             ,
             but
             they
             did
             not
             meet
             with
             that
             effect
             that
             they
             desired
             .
             These
             two
             things
             Gentlemen
             are
             matters
             that
             are
             used
             both
             against
             him
             one
             way
             ,
             and
             for
             him
             another
             .
          
           
             But
             now
             to
             come
             home
             to
             the
             Evidence
             upon
             which
             this
             matter
             is
             to
             turn
             ,
             and
             here
             you
             are
             to
             consider
             ,
             that
             whatsoever
             has
             been
             said
             or
             offered
             by
             the
             Kings
             Counsel
             on
             the
             one
             side
             ,
             or
             the
             Counsel
             for
             the
             Defendant
             on
             the
             other
             side
             ,
             (
             I
             call
             him
             so
             ,
             for
             't
             is
             but
             a
             Trespass
             tho
             a
             great
             one
             )
             You
             must
             not
             take
             into
             your
             consideration
             at
             all
             any
             further
             then
             as
             their
             Allegations
             are
             supported
             by
             the
             Testimony
             that
             has
             been
             given
             :
             And
             whatsoever
             the
             VVitnesses
             have
             said
             either
             for
             or
             against
             him
             ,
             and
             our
             of
             that
             Testimony
             as
             near
             as
             I
             can
             remember
             I
             will
             give
             you
             the
             Objections
             ,
             and
             their
             Answers
             with
             the
             Observations
             ,
             that
             have
             been
             made
             ,
             or
             do
             naturally
             arise
             out
             of
             the
             facts
             in
             proof
             .
          
           
           
             My
             Lord
             How.
             In
             the
             first
             place
             gives
             an
             account
             of
             this
             matter
             ,
             and
             Gentlemen
             the
             times
             will
             be
             wonderful
             material
             ,
             and
             therefore
             I
             begg
             you
             would
             take
             a
             Pen
             ,
             and
             Ink
             ,
             and
             mark
             these
             material
             circumstances
             as
             you
             go
             .
             For
             in
             all
             matters
             of
             fact
             positively
             proved
             ,
             which
             also
             have
             their
             Credit
             supported
             by
             circumstances
             which
             do
             accompany
             them
             ,
             the
             Testimonies
             given
             of
             such
             Facts
             are
             to
             be
             valued
             according
             as
             those
             circumstances
             keep
             touch
             with
             ,
             and
             humor
             as
             I
             may
             so
             say
             ,
             the
             Fact
             that
             they
             are
             to
             Evidence
             the
             truth
             of
             .
          
           
             My
             Lord
             How.
             does
             therefore
             in
             the
             first
             place
             acquaint
             you
             ,
             that
             about
             Michaelmas
             there
             was
             a
             discourse
             between
             him
             and
             my
             Lord
             of
             Shaftesbury
             ,
             and
             that
             was
             concerning
             a
             rising
             intended
             to
             be
             had
             ,
             and
             he
             tells
             you
             how
             that
             my
             Lord
             Shaftesbury
             was
             fully
             resolved
             upon
             it
             ;
             That
             things
             at
             length
             came
             to
             that
             pass
             ;
             That
             he
             was
             forced
             to
             go
             from
             his
             own
             house
             ,
             as
             he
             said
             ,
             being
             disappointed
             by
             the
             Duke
             of
             Monmouth
             and
             others
             who
             had
             promised
             to
             joyn
             with
             him
             ,
             and
             was
             retired
             to
             the
             house
             of
             one
             Watson
             in
             or
             near
             Woodstreet
             .
             But
             he
             understanding
             where
             he
             was
             ,
             my
             Lord
             How.
             went
             to
             him
             ,
             (
             I
             think
             he
             says
             my
             Lord
             Shaftesbury
             sent
             to
             him
             )
             when
             he
             came
             ,
             my
             Lord
             Shaftesbury
             told
             him
             ,
             That
             altho
             there
             had
             been
             such
             a
             disappointment
             by
             those
             Persons
             he
             named
             ,
             yet
             that
             did
             not
             take
             off
             his
             edge
             ,
             but
             he
             was
             resolved
             to
             go
             on
             himself
             ,
             nay
             tho
             his
             body
             was
             infirm
             ,
             yet
             he
             would
             be
             set
             on
             horse-back
             ,
             tho
             he
             was
             lifted
             up
             to
             appear
             in
             the
             head
             of
             a
             party
             that
             he
             had
             prepared
             ,
             and
             were
             ready
             when
             he
             would
             call
             them
             .
             And
             he
             began
             then
             to
             reflect
             upon
             the
             disappointment
             of
             the
             Duke
             of
             Monmouth
             ,
             and
             as
             tho
             the
             Duke
             of
             Monmouth
             had
             only
             a
             prospect
             to
             advance
             himself
             ,
             and
             had
             only
             an
             Eye
             upon
             his
             own
             particular
             Interest
             .
             That
             he
             so
             managed
             matters
             as
             if
             he
             design'd
             to
             have
             the
             sole
             disposition
             of
             all
             things
             whatsoever
             ,
             and
             began
             to
             be
             uneasy
             with
             the
             Duke
             of
             Monmouth
             .
             My
             Lord
             How.
             did
             endeavour
             to
             have
             prevailed
             with
             my
             Lord
             of
             Shaftesbury
             for
             a
             reconciliation
             between
             the
             Duke
             of
             Monmouth
             and
             him
             ,
             it
             being
             a
             matter
             that
             required
             so
             much
             safety
             and
             security
             ,
             and
             did
             desire
             him
             that
             he
             would
             have
             some
             intercourse
             with
             the
             Duke
             of
             Monmouth
             in
             order
             to
             conciliate
             a
             friendship
             between
             them
             ,
             that
             they
             might
             go
             hand
             in
             hand
             .
             You
             find
             he
             was
             under
             some
             difficulties
             about
             this
             matter
             ,
             he
             was
             not
             able
             to
             bring
             the
             thing
             about
             ;
             for
             after
             he
             had
             spake
             with
             the
             Duke
             of
             Monmouth
             ,
             and
             prevailed
             with
             him
             ,
             my
             Lord
             of
             Shaftesbury
             was
             peevish
             ,
             and
             talked
             at
             a
             distance
             ,
             and
             when
             he
             had
             appointed
             a
             meeting
             one
             time
             ,
             it
             was
             prevented
             ,
             my
             Lord
             Shaftesbury
             went
             away
             into
             Holland
             ,
             and
             there
             died
             in
             Holland
             .
             This
             is
             the
             substance
             of
             what
             my
             Lord
             How.
             says
             as
             to
             that
             matter
             .
          
           
             But
             Gentlemen
             this
             is
             material
             ,
             and
             I
             le
             tell
             you
             why
             I
             think
             it
             material
             ;
             because
             the
             Counsel
             for
             the
             Defendant
             have
             made
             it
             an
             Objection
             particularly
             to
             my
             Lord
             Howards
             testimony
             ,
             That
             my
             Lord
             Howard
             is
             particular
             as
             to
             the
             day
             after
             Michaelmas
             day
             ,
             but
             he
             is
             not
             so
             particular
             when
             he
             comes
             to
             speak
             of
             other
             times
             upon
             which
             the
             true
             Question
             before
             you
             depends
             .
             For
             now
             he
             speaks
             more
             generally
             as
             to
             the
             meetings
             at
             the
             Defendants
             ,
             and
             my
             Lord
             Russells
             ,
             that
             they
             were
             about
             the
             middle
             of
             Janu.
             and
             the
             beginning
             of
             Febru
             .
             and
             is
             not
             particular
             as
             to
             the
             day
             .
             I
             speak
             of
             this
             because
             that
             has
             been
             made
             use
             of
             as
             an
             Objection
             against
             my
             Lord
             Howards
             testimony
             .
             And
             I
             will
             tell
             you
             as
             near
             as
             I
             can
             all
             the
             Objections
             that
             have
             been
             made
             against
             this
             Testimony
             after
             such
             time
             as
             I
             have
             settled
             it
             and
             laid
             before
             you
             what
             the
             whole
             of
             it
             amounts
             to
             .
          
           
             Then
             comes
             my
             Lord
             Howard
             and
             says
             ,
             that
             meeting
             with
             the
             Duke
             of
             Monmouth
             some
             time
             after
             this
             they
             began
             to
             talk
             together
             ,
             and
             they
             thought
             that
             tho
             the
             business
             had
             failed
             in
             the
             managery
             of
             my
             Lord
             of
             Shaftesbury
             yet
             it
             was
             fit
             there
             should
             be
             a
             reassuming
             of
             the
             business
             again
             ,
             but
             in
             order
             to
             settle
             matters
             that
             things
             might
             not
             go
             inconsiderately
             on
             ,
             it
             was
             thought
             fit
             that
             they
             should
             resolve
             themselves
             into
             a
             certain
             number
             that
             were
             confident
             one
             of
             another
             ,
             in
             order
             to
             Steer
             and
             Transact
             these
             matters
             the
             better
             among
             themselves
             .
             And
             they
             must
             be
             persons
             fit
             to
             be
             trusted
             and
             for
             whom
             there
             should
             be
             an
             undertaking
             among
             them
             for
             their
             Faithfulness
             and
             Integrity
             ;
             for
             all
             Persons
             are
             not
             fit
             to
             be
             trusted
             ,
             but
             only
             such
             as
             they
             agreed
             upon
             .
             The
             Duke
             of
             Monmouth
             he
             undertook
             for
             my
             Lord
             of
             Essex
             and
             my
             Lord
             Russell
             ,
             those
             were
             the
             Persons
             for
             whom
             he
             would
             ingage
             ,
             as
             likewise
             for
             my
             Lord
             Salisbury
             .
             And
             then
             they
             began
             to
             talk
             of
             some
             more
             ,
             particularly
             of
             Mr.
             Sidney
             ,
             but
             he
             was
             a
             Cynical
             man
             ,
             and
             a
             Philosopher
             ,
             and
             they
             were
             first
             to
             come
             to
             him
             ,
             and
             to
             treat
             with
             him
             in
             another
             manner
             then
             the
             rest
             .
             He
             was
             not
             to
             appear
             as
             the
             Duke
             of
             Monmouth
             ,
             but
             to
             take
             him
             in
             his
             retirement
             and
             privacys
             ,
             and
             then
             they
             might
             be
             the
             better
             able
             to
             break
             the
             matter
             to
             him
             .
             And
             he
             says
             accordingly
             there
             was
             a
             time
             
             designed
             on
             purpose
             ;
             and
             at
             that
             same
             time
             the
             Duke
             of
             Monmouth
             and
             my
             Lord
             Howard
             did
             go
             and
             attack
             Mr.
             Sidney
             ,
             they
             found
             him
             on
             a
             private
             day
             ,
             and
             Dined
             with
             him
             ;
             and
             upon
             that
             Dinner
             the
             whole
             matter
             was
             broke
             up
             ,
             and
             put
             into
             some
             Method
             ;
             Then
             was
             the
             whole
             Design
             contrived
             as
             to
             the
             Persons
             that
             were
             to
             be
             ingaged
             in
             this
             Matter
             ;
             and
             he
             says
             ,
             They
             agreed
             upon
             Six
             .
             The
             Duke
             of
             Monmouth
             undertook
             for
             my
             Lord
             of
             Essex
             ,
             and
             my
             Lord
             Russel
             and
             Col.
             Sidney
             undertook
             for
             Mr.
             Hambden
             .
             He
             speaks
             of
             my
             Lord
             of
             Salisbury
             ,
             but
             my
             Lord
             of
             Salisbury
             was
             never
             there
             among
             them
             ,
             and
             so
             I
             put
             him
             out
             of
             the
             Case
             ,
             I
             quit
             him
             from
             being
             of
             their
             Number
             ,
             because
             there
             was
             but
             Six
             in
             all
             ,
             my
             Lord
             of
             Essex
             ,
             and
             my
             Lord
             Russel
             ,
             who
             were
             undertaken
             for
             by
             the
             Duke
             of
             Monmouth
             ,
             Mr.
             Hambden
             undertaken
             for
             by
             Mr.
             Sidney
             ,
             and
             my
             Lord
             Howard
             ;
             for
             by
             that
             time
             Mr.
             Hambden
             was
             come
             into
             the
             Matter
             upon
             Col.
             
             Sidney's
             undertaking
             .
          
           
             Now
             we
             are
             got
             ,
             Gent.
             by
             these
             steps
             till
             we
             come
             about
             the
             middle
             of
             January
             ;
             but
             says
             my
             Lord
             Howard
             ,
             I
             cannot
             positively
             say
             ,
             it
             was
             this
             day
             ,
             or
             that
             day
             of
             the
             Month
             ;
             but
             being
             about
             the
             middle
             of
             January
             ,
             I
             conjecture
             it
             was
             about
             the
             14
             th
             ,
             but
             he
             is
             not
             positive
             to
             the
             day
             .
             He
             says
             ,
             accordingly
             they
             went
             to
             Mr.
             
             Hambden's
             House
             ,
             which
             was
             the
             place
             first
             design'd
             for
             them
             to
             meet
             in
             .
             He
             says
             ,
             there
             accordingly
             they
             did
             all
             Six
             meet
             ;
             and
             that
             it
             being
             Mr.
             Hambdens
             House
             ,
             they
             thought
             it
             most
             proper
             for
             him
             who
             was
             Master
             of
             the
             House
             ,
             who
             usually
             bids
             his
             Guests
             welcome
             ,
             to
             break
             silence
             ,
             and
             to
             impart
             the
             business
             of
             the
             Design
             they
             met
             about
             .
             He
             says
             ,
             accordingly
             Mr.
             Hambden
             after
             the
             first
             Complements
             of
             Entertainment
             ,
             did
             give
             an
             account
             of
             the
             business
             they
             were
             come
             about
             ,
             and
             that
             it
             was
             in
             order
             to
             have
             a
             Rising
             .
             This
             he
             says
             was
             proposed
             by
             Mr.
             Hambden
             .
             He
             tells
             you
             ,
             then
             they
             fell
             into
             Debate
             about
             the
             time
             when
             ,
             concerning
             Men
             ,
             and
             Arms
             ,
             and
             Money
             ;
             and
             likewise
             concerning
             the
             Places
             .
             He
             tells
             you
             ,
             the
             Places
             wherein
             the
             Rising
             was
             design'd
             to
             be
             ,
             were
             
               Devonshire
               ,
               Cheshire
               ,
               Somersetshire
            
             ,
             and
             other
             places
             ,
             that
             is
             ,
             as
             to
             the
             Circumstance
             of
             the
             Place
             .
             Then
             he
             tells
             you
             concerning
             the
             time
             ;
             it
             was
             Debated
             ,
             Whether
             it
             should
             be
             all
             at
             one
             time
             ,
             or
             at
             several
             times
             ?
             Whether
             they
             should
             onely
             begin
             here
             ,
             and
             the
             Country
             fall
             in
             ,
             or
             all
             at
             once
             ?
             That
             likewise
             they
             had
             in
             consideration
             the
             business
             of
             Money
             ,
             and
             that
             his
             Grace
             the
             Duke
             of
             Monmouth
             did
             speak
             of
             30
             or
             35
             Thousand
             Pounds
             ,
             or
             some
             such
             Sum
             at
             that
             time
             .
             But
             then
             ,
             as
             was
             natural
             for
             men
             of
             Deliberation
             and
             Consideration
             to
             consult
             about
             ,
             they
             took
             into
             Debate
             ,
             that
             they
             might
             not
             go
             headlong
             ,
             to
             endeavour
             to
             conciliate
             another
             Party
             to
             chime
             in
             ,
             as
             he
             says
             ,
             along
             with
             them
             ,
             in
             the
             business
             they
             were
             going
             about
             ,
             and
             accordingly
             it
             was
             thought
             fit
             ,
             and
             proposed
             ,
             That
             there
             should
             be
             an
             endeavour
             to
             conciliate
             a
             friendship
             with
             some
             Persons
             in
             Scotland
             ,
             to
             fall
             in
             with
             them
             ;
             and
             then
             he
             tells
             you
             ,
             who
             the
             Persons
             were
             ,
             that
             were
             named
             :
             Some
             of
             the
             Names
             he
             remembers
             ,
             and
             others
             he
             has
             forgot
             ;
             he
             speaks
             particularly
             of
             the
             Cambeles
             ,
             Sir
             
               John
               Cockram
            
             ,
             and
             my
             Lord
             Melvin
             :
             and
             he
             says
             ,
             other
             persons
             were
             mentioned
             ,
             but
             he
             can't
             remember
             their
             Names
             :
             and
             my
             Lord
             Russel
             knew
             some
             of
             these
             persons
             ,
             and
             the
             Duke
             of
             Monmouth
             knew
             some
             others
             of
             them
             ,
             because
             of
             his
             near
             Relation
             to
             the
             Earl
             of
             Argyle
             ,
             the
             person
             that
             you
             know
             was
             proscrib'd
             for
             Treason
             in
             the
             Kingdom
             of
             Scotland
             .
             He
             says
             ,
             that
             so
             far
             the
             debate
             of
             this
             Matter
             went
             ,
             that
             they
             
             thought
             fit
             a
             Messenger
             should
             be
             provided
             ,
             a
             Trusty
             man
             to
             be
             sent
             in●●
             Scotland
             to
             Treat
             with
             these
             Gentlemen
             about
             this
             Matter
             ;
             and
             my
             Lord
             Russel
             ,
             I
             think
             he
             says
             ,
             undertook
             to
             write
             a
             Letter
             to
             be
             carryed
             by
             this
             Messenger
             to
             these
             Scotch
             Gentlemen
             .
          
           
             He
             says
             ,
             pursuant
             to
             this
             Consultation
             at
             Mr.
             Hambdens
             ,
             a
             Fortnight
             after
             ,
             or
             thereabouts
             ,
             which
             brings
             it
             up
             to
             the
             beginning
             of
             February
             ,
             then
             was
             the
             Meeting
             at
             my
             Lord
             
             Russel's
             House
             ,
             and
             there
             they
             Debated
             these
             Matters
             over
             again
             ,
             and
             the
             whole
             managery
             of
             sending
             a
             Messenger
             into
             Scotland
             ,
             was
             left
             to
             the
             discretion
             of
             Col.
             Sidney
             ,
             and
             he
             undertook
             that
             Work
             ,
             that
             was
             his
             Post
             that
             he
             was
             to
             manage
             :
             and
             he
             does
             say
             ,
             That
             he
             does
             very
             well
             remember
             ,
             That
             
               Aaron
               Smith
            
             was
             the
             person
             proposed
             then
             ;
             and
             tho'
             he
             was
             unknown
             to
             some
             of
             the
             Company
             ,
             yet
             he
             was
             well
             known
             to
             others
             ;
             and
             by
             reason
             of
             that
             knowledge
             that
             others
             had
             of
             him
             ,
             they
             looked
             upon
             him
             as
             a
             person
             very
             fit
             ,
             and
             every
             way
             qualify'd
             for
             it
             .
          
           
             So
             that
             Gentlemen
             ,
             here
             is
             proved
             a
             Consultation
             in
             order
             to
             the
             Raising
             of
             Men
             to
             Infest
             the
             Government
             ;
             a
             discourse
             concerning
             Money
             and
             Arms
             for
             this
             End
             ,
             and
             the
             Places
             where
             ,
             and
             the
             time
             when
             ;
             and
             of
             conciliating
             a
             Friendship
             with
             some
             discontented
             persons
             in
             Scotland
             ,
             to
             joyn
             ,
             and
             chime
             in
             with
             these
             Conspirators
             in
             England
             .
          
           
             And
             then
             there
             is
             yet
             another
             Circumstance
             very
             Remarkable
             ,
             Because
             tho
             my
             Lord
             spake
             it
             not
             at
             the
             same
             time
             that
             he
             delivered
             his
             Testimony
             ,
             yet
             upon
             the
             Question
             asked
             ,
             he
             gives
             you
             a
             plain
             account
             of
             it
             ;
             and
             it
             has
             a
             plain
             dependance
             upon
             what
             went
             before
             .
             Said
             they
             among
             themselves
             ,
             'T
             is
             proper
             for
             us
             ,
             as
             near
             as
             we
             can
             ,
             to
             shut
             the
             Door
             against
             any
             Exceptions
             about
             these
             Mens
             coming
             to
             Treat
             with
             us
             ;
             but
             how
             shall
             we
             get
             them
             hither
             without
             Suspition
             ?
             We
             must
             have
             some
             Shams
             ,
             or
             Cant
             or
             other
             ,
             to
             be
             a
             pretence
             for
             these
             People
             to
             come
             into
             England
             ;
             and
             that
             was
             agreed
             to
             be
             about
             some
             Plantation
             in
             Carolina
             .
          
           
             This
             ,
             he
             says
             ,
             was
             the
             Result
             of
             that
             Meeting
             ;
             and
             that
             when
             the
             Meeting
             was
             broke
             up
             ,
             about
             Three
             or
             Four
             Days
             afterwards
             ,
             (
             mind
             the
             circumstance
             of
             Time
             ,
             Gent.
             for
             't
             is
             very
             material
             )
             Col.
             Sidney
             and
             he
             met
             together
             ,
             they
             went
             to
             Col.
             
             Sidney's
             House
             ,
             and
             there
             he
             saw
             him
             take
             Money
             out
             of
             a
             Till
             ,
             where
             there
             were
             several
             hundreds
             of
             Guineys
             ,
             or
             pieces
             of
             Gold
             ;
             and
             as
             he
             believes
             ,
             he
             says
             ,
             he
             took
             Threescore
             Guineys
             ,
             or
             some
             such
             Sum
             ;
             and
             told
             him
             ,
             it
             was
             to
             give
             to
             
               Aaron
               Smith
            
             in
             order
             to
             his
             Journey
             into
             Scotland
             :
             That
             he
             went
             out
             with
             him
             in
             his
             Coach
             ,
             but
             Mr.
             Sidney
             set
             him
             down
             by
             the
             way
             ,
             and
             he
             himself
             went
             into
             London
             ,
             telling
             him
             ,
             he
             went
             to
             that
             purpose
             ,
             to
             give
             
               Aaron
               Smith
            
             the
             Money
             .
             Some
             time
             after
             ,
             about
             a
             Week
             ,
             or
             a
             Fortnight
             ,
             or
             Ten
             Days
             after
             that
             ,
             he
             says
             ,
             he
             met
             with
             Mr.
             Sidney
             again
             ;
             and
             he
             says
             ,
             Mr.
             Sidney
             gave
             him
             an
             account
             ,
             That
             he
             had
             heard
             
               Aaron
               Smith
            
             had
             been
             at
             Newcastle
             ,
             but
             he
             had
             not
             heard
             of
             him
             since
             that
             time
             ,
             and
             that
             is
             another
             Circumstance
             in
             point
             of
             Time
             ,
             Gent.
             So
             that
             you
             have
             here
             a
             positive
             Oath
             made
             by
             my
             Lord
             Howard
             ,
             that
             Mr.
             Hambden
             was
             privy
             ,
             and
             consenting
             to
             all
             these
             Debates
             ,
             as
             to
             the
             Raising
             of
             Men
             ,
             and
             the
             Levying
             of
             Money
             ,
             and
             about
             
             the
             conciliating
             a
             Friendship
             with
             these
             men
             of
             Scotland
             ,
             and
             about
             sending
             a
             Messenger
             into
             Scotland
             to
             that
             purpose
             .
             And
             if
             my
             Lord
             Howard
             do
             Swear
             true
             ,
             no
             man
             living
             can
             doubt
             but
             that
             Mr.
             Hambden
             is
             guilty
             of
             this
             Indictment
             .
             The
             first
             meeting
             was
             at
             his
             House
             ,
             and
             there
             he
             did
             take
             notice
             of
             what
             had
             been
             formerly
             done
             ,
             and
             proposed
             the
             things
             ,
             breaking
             the
             silence
             ,
             and
             entering
             into
             the
             Debate
             ;
             which
             shews
             that
             he
             had
             been
             discoursing
             about
             it
             before
             ,
             and
             had
             it
             in
             his
             thoughts
             before
             ,
             or
             else
             he
             could
             not
             have
             propounded
             it
             as
             the
             end
             of
             their
             meeting
             .
          
           
             Now
             this
             ,
             Gentlemen
             ,
             Here
             is
             a
             positive
             Fact
             ;
             and
             as
             Mr.
             VVilliams
             says
             true
             ,
             no
             man
             living
             can
             give
             any
             Answer
             to
             a
             positive
             Fact
             ,
             but
             by
             some
             other
             things
             that
             may
             be
             Circumstances
             to
             oppose
             that
             Fact.
             Now
             he
             says
             ,
             there
             are
             no
             Circumstances
             that
             have
             been
             proved
             ,
             that
             will
             give
             any
             Credibility
             to
             what
             has
             been
             deposed
             ,
             besides
             the
             positive
             Oath
             of
             my
             Lord
             Howard
             .
             So
             that
             ,
             says
             He
             ,
             your
             Fact
             ,
             tho
             it
             be
             positively
             Sworn
             ,
             is
             not
             supported
             by
             any
             Circumstances
             of
             the
             Fact
             ,
             that
             may
             give
             Credibility
             to
             it
             .
             And
             he
             objects
             very
             materially
             ;
             for
             if
             it
             be
             not
             supported
             by
             credible
             Circumstances
             ,
             then
             indeed
             it
             would
             be
             less
             material
             ;
             yet
             I
             cannot
             say
             ,
             it
             would
             not
             be
             at
             all
             material
             ;
             it
             is
             material
             ,
             and
             you
             are
             to
             determine
             ,
             whether
             you
             have
             sufficient
             Evidence
             given
             you
             ,
             to
             induce
             you
             to
             believe
             ,
             That
             my
             Lord
             Howard
             is
             at
             this
             time
             Guilty
             of
             wilful
             and
             malicious
             Perjury
             ;
             for
             it
             is
             Perjury
             ,
             and
             that
             in
             the
             highest
             degree
             ,
             if
             it
             be
             not
             true
             that
             he
             says
             ;
             and
             God
             deliver
             all
             Mankind
             from
             being
             Guilty
             of
             any
             such
             thing
             .
             I
             leave
             that
             to
             your
             Consciences
             ,
             Gentlemen
             ,
             who
             are
             the
             Judges
             of
             it
             .
          
           
             But
             says
             the
             Kings
             Councel
             ,
             Here
             are
             Circumstances
             that
             do
             support
             our
             Fact
             ,
             and
             the
             Credibility
             of
             it
             .
             For
             first
             ,
             here
             is
             the
             Circumstance
             of
             
               Aaron
               Smith
            
             ,
             who
             was
             sent
             into
             Scotland
             by
             Mr.
             Sydney
             in
             pursuance
             of
             this
             design
             ,
             and
             this
             Circumstance
             my
             Lord
             Howard
             does
             subjoyn
             to
             what
             he
             has
             positively
             affirmed
             against
             the
             Defendant
             .
             And
             this
             Circumstance
             is
             a
             thing
             that
             may
             be
             helped
             by
             other
             proof
             ;
             and
             what
             is
             this
             Circumstance
             ?
             Say
             they
             ,
             That
             
               Aaron
               Smith
            
             was
             sent
             into
             Scotland
             ;
             and
             in
             order
             to
             prove
             that
             ,
             they
             have
             called
             one
             Sheriff
             ,
             who
             is
             a
             man
             that
             keeps
             an
             Inn
             at
             the
             Posthouse
             in
             New-Castle
             ,
             from
             whence
             Col.
             Sidney
             told
             my
             Lord
             Howard
             ,
             he
             had
             notice
             of
             his
             arrival
             at
             New-Castle
             ,
             but
             had
             heard
             no
             more
             of
             him
             after
             that
             .
             And
             this
             Sheriff
             Swears
             directly
             ,
             I
             saw
             that
             man
             they
             call
             
               Aaron
               Smith
            
             ,
             when
             he
             was
             shewn
             to
             me
             before
             the
             King
             and
             the
             Council
             ;
             and
             Mr.
             Atterbury
             Swears
             he
             shew'd
             
               Aaron
               Smith
            
             to
             him
             ,
             and
             then
             Sheriff
             swears
             that
             man
             you
             shew'd
             to
             me
             ,
             was
             the
             Man
             I
             saw
             at
             my
             House
             at
             New-Castle
             ,
             that
             chimes
             in
             with
             the
             Circumstance
             of
             Fact
             that
             Mr.
             Sidney
             heard
             from
             him
             at
             New-Castle
             .
             And
             then
             there
             is
             the
             Circumstance
             of
             time
             when
             he
             saw
             him
             there
             ;
             Says
             he
             ,
             I
             saw
             him
             the
             Friday
             before
             Shrove-tuesday
             ,
             which
             they
             in
             the
             North
             call
             Fasters-Even
             .
             He
             came
             to
             my
             House
             on
             Thursday
             night
             ,
             and
             went
             away
             the
             next
             day
             ,
             Friday
             ;
             and
             he
             went
             with
             his
             Guide
             ,
             the
             other
             man
             ,
             Northward
             ,
             in
             order
             to
             his
             Journey
             into
             Scotland
             ,
             as
             he
             himself
             said
             .
             Says
             he
             ,
             I
             remember
             the
             time
             
             very
             particularly
             ,
             it
             was
             the
             Friday
             before
             Shrovetuesday
             last
             ,
             this
             February
             was
             Twelve-month
             ;
             and
             he
             went
             yet
             further
             ;
             says
             he
             ,
             I
             did
             not
             only
             see
             him
             when
             he
             went
             away
             ,
             but
             when
             he
             came
             back
             again
             ,
             for
             he
             left
             his
             man
             at
             my
             House
             all
             the
             time
             ,
             and
             he
             tells
             you
             what
             his
             name
             was
             ;
             for
             he
             says
             ,
             Smith
             went
             under
             the
             disguised
             name
             of
             one
             Clarke
             ,
             and
             he
             did
             then
             talk
             of
             going
             to
             the
             VVestern
             parts
             of
             Scotland
             ,
             he
             named
             Douglas
             as
             he
             thinks
             ,
             tho
             he
             is
             not
             positive
             in
             that
             ,
             but
             he
             is
             in
             the
             Person
             ,
             that
             was
             the
             man.
             And
             says
             he
             ,
             I
             sent
             for
             this
             Person
             ,
             the
             other
             fellow
             Bell
             ,
             and
             he
             was
             the
             guide
             he
             had
             along
             with
             him
             .
             And
             upon
             Bells
             Examination
             ,
             What
             says
             he
             ?
             Says
             he
             ,
             I
             remember
             that
             man
             came
             thither
             at
             that
             time
             to
             the
             other
             mans
             House
             ;
             I
             take
             it
             upon
             my
             Oath
             that
             is
             the
             man
             ,
             and
             he
             went
             by
             the
             name
             of
             Clarke
             ,
             he
             hired
             me
             to
             be
             his
             Guide
             ;
             I
             went
             out
             with
             him
             on
             Friday
             morning
             ,
             and
             I
             went
             a
             long
             with
             him
             all
             that
             day
             ;
             but
             upon
             Saturday
             ,
             which
             was
             the
             next
             day
             ,
             going
             Northward
             with
             him
             ,
             my
             Horse
             tired
             ,
             and
             failed
             me
             .
             Thereupon
             I
             was
             forced
             to
             be
             left
             behind
             ,
             but
             I
             overtook
             him
             on
             Sunday
             night
             following
             ;
             I
             overtook
             him
             at
             such
             a
             place
             ,
             and
             saw
             him
             within
             six
             Miles
             of
             the
             Borders
             of
             Scotland
             .
             I
             take
             it
             upon
             my
             Oath
             ,
             this
             is
             the
             man
             that
             was
             there
             under
             the
             name
             of
             Clarke
             ;
             and
             at
             his
             returning
             back
             again
             ,
             I
             took
             notice
             of
             him
             ,
             I
             went
             up
             to
             him
             ,
             I
             drank
             with
             him
             ,
             and
             we
             had
             discourse
             of
             our
             Journey
             .
             He
             told
             me
             at
             first
             ,
             he
             was
             to
             go
             to
             the
             VVest
             of
             Scotland
             ,
             and
             so
             he
             went
             Northward
             .
             After
             that
             ,
             which
             was
             about
             Ten
             or
             Twelve
             days
             ,
             he
             came
             back
             again
             ,
             and
             so
             went
             Southward
             towards
             London
             .
             This
             he
             doth
             Swear
             directly
             to
             be
             at
             that
             time
             .
          
           
             Now
             Gentlemen
             ,
             The
             time
             is
             wonderful
             material
             in
             that
             Case
             ,
             because
             that
             very
             time
             Twelve-month
             that
             they
             talk
             of
             ,
             is
             the
             beginning
             of
             February
             .
             If
             you
             look
             upon
             your
             old
             Almanack
             of
             the
             last
             year
             ,
             (
             I
             happen
             to
             have
             one
             in
             my
             Pocket
             ,
             and
             look
             upon
             it
             ,
             when
             the
             men
             gave
             their
             Testimony
             )
             and
             there
             you
             will
             find
             that
             the
             Monday
             before
             Shrove-tuesday
             ,
             when
             he
             says
             ,
             he
             left
             him
             within
             six
             Miles
             of
             the
             Borders
             of
             Scotland
             ,
             falls
             out
             to
             be
             the
             19
             th
             of
             February
             ;
             I
             will
             look
             upon
             it
             again
             ,
             lest
             I
             should
             mistake
             ;
             't
             is
             just
             so
             ,
             and
             that
             humors
             the
             time
             that
             my
             Lord
             Howard
             speaks
             of
             ,
             which
             was
             about
             the
             middle
             of
             February
             ,
             a
             few
             days
             after
             ,
             that
             he
             says
             the
             Money
             was
             given
             by
             Mr.
             Sidney
             ;
             and
             then
             for
             the
             time
             for
             
               Aaron
               Smith
            
             to
             get
             to
             New-Castle
             ,
             there
             is
             a
             fit
             space
             of
             time
             ,
             for
             it
             falls
             out
             that
             the
             Thursday
             that
             he
             arrived
             at
             New-Castle
             ,
             is
             the
             fifteenth
             day
             of
             February
             ,
             and
             so
             it
             falls
             in
             well
             with
             my
             Lord
             Howards
             Testimony
             ,
             and
             so
             the
             Monday
             that
             he
             parted
             with
             him
             at
             the
             Borders
             of
             Scotland
             was
             the
             19
             th
             ,
             which
             also
             just
             humours
             the
             time
             that
             he
             speaks
             of
             .
             So
             that
             here
             is
             a
             Circumstance
             of
             Fact
             to
             confirm
             his
             Testimony
             ,
             both
             as
             to
             the
             sending
             the
             Messenger
             ,
             and
             the
             Circumstance
             of
             time
             .
             That
             he
             is
             the
             same
             man
             ,
             is
             proved
             by
             these
             two
             Witnesses
             ,
             who
             agree
             in
             this
             ,
             That
             he
             was
             there
             about
             such
             a
             time
             ;
             and
             it
             does
             likewise
             humour
             that
             other
             Circumstance
             of
             place
             that
             Mr.
             Sidney
             said
             he
             had
             heard
             from
             him
             from
             New-Castle
             ,
             but
             not
             since
             ;
             and
             then
             there
             is
             the
             other
             Circumstance
             ,
             which
             backs
             and
             confirms
             all
             ,
             There
             was
             not
             only
             a
             sending
             for
             these
             Persons
             ,
             but
             there
             is
             notice
             taken
             that
             these
             Cambeles
             ,
             who
             were
             to
             be
             assisting
             in
             this
             matter
             ,
             were
             to
             come
             
             about
             the
             Sham
             ,
             and
             under
             the
             disguise
             of
             Purchasing
             Plantations
             in
             Carolina
             .
             About
             the
             beginning
             of
             June
             they
             come
             to
             Town
             ,
             the
             Two
             Cambels
             ,
             Sir
             
               John
               Cockram
            
             ,
             and
             Mr.
             Monrow
             .
             Sir
             
               Andrew
               Foster
            
             he
             tells
             you
             ,
             he
             met
             with
             some
             of
             the
             Men
             ,
             and
             they
             told
             him
             ,
             They
             came
             about
             the
             business
             of
             Carolina
             ;
             and
             so
             the
             Cant
             of
             Carolina
             is
             made
             good
             in
             this
             circumstance
             that
             way
             ;
             but
             when
             the
             Plot
             brake
             out
             ,
             these
             men
             sculk
             ,
             one
             flies
             one
             way
             ,
             another
             another
             ;
             some
             were
             taken
             as
             they
             were
             Escaping
             away
             by
             Water
             ;
             others
             of
             them
             were
             taken
             upon
             the
             Bed
             at
             Noon-day
             in
             More-fields
             :
             Had
             the
             business
             they
             came
             over
             into
             England
             about
             ,
             been
             a
             fair
             ,
             and
             a
             lawful
             ,
             and
             honest
             Business
             ,
             why
             should
             they
             hide
             themselves
             ?
             Why
             should
             any
             Man
             sneak
             and
             sculk
             ,
             and
             be
             ashamed
             to
             own
             an
             honest
             and
             lawful
             business
             ?
             But
             this
             does
             humor
             and
             touch
             the
             thing
             exactly
             ,
             as
             to
             that
             circumstance
             ,
             That
             Carolina
             was
             onely
             a
             Cant
             for
             to
             disguise
             their
             coming
             over
             .
             These
             are
             the
             onely
             Two
             Circumstances
             that
             seem
             to
             be
             pretty
             strong
             for
             them
             ,
             to
             prove
             ,
             and
             support
             the
             credibility
             of
             what
             their
             Witness
             has
             sworn
             .
          
           
             For
             ,
             Gentlemen
             ,
             What
             a
             wonderful
             sort
             of
             Expectation
             would
             it
             be
             ,
             That
             we
             shall
             never
             Convict
             a
             man
             of
             High
             Treason
             ,
             unless
             you
             can
             bring
             a
             man
             to
             be
             a
             Witness
             that
             is
             not
             concern'd
             ?
             for
             then
             all
             these
             Persons
             must
             have
             been
             acquitted
             ,
             for
             they
             intrusted
             none
             ,
             it
             seems
             ,
             but
             these
             Six
             ,
             they
             took
             care
             they
             would
             keep
             it
             amongst
             themselves
             .
             Do
             you
             think
             they
             called
             their
             Servants
             to
             be
             Witnesses
             of
             what
             they
             were
             about
             ?
             That
             is
             a
             vain
             and
             idle
             imagination
             ?
             In
             the
             
               Popish
               Plot
            
             ,
             what
             Witnesses
             of
             it
             had
             you
             there
             ?
             Were
             they
             strangers
             to
             the
             Plot
             ?
             No
             ,
             you
             cannot
             Expect
             any
             Witnesses
             but
             such
             as
             the
             nature
             of
             the
             Case
             will
             bear
             .
          
           
             This
             is
             the
             meaning
             of
             the
             Evidence
             that
             has
             been
             given
             for
             the
             King
             ,
             and
             it
             carries
             a
             great
             weight
             in
             it
             .
             But
             they
             have
             made
             an
             Objection
             ,
             which
             indeed
             is
             not
             remote
             ,
             but
             may
             concern
             the
             Question
             very
             much
             .
             Say
             they
             ,
             If
             we
             prove
             my
             Lord
             of
             Essex
             was
             not
             there
             ,
             or
             such
             an
             one
             was
             not
             there
             ,
             would
             it
             not
             discredit
             the
             Evidence
             of
             my
             Lord
             Howard
             ?
             Yes
             ,
             certainly
             ,
             it
             would
             wholly
             discredit
             it
             ,
             and
             he
             were
             not
             to
             be
             believed
             at
             all
             ;
             nay
             ,
             which
             is
             yet
             nearer
             to
             the
             Question
             ,
             If
             Mr.
             Hambden
             ,
             that
             had
             notice
             all
             along
             of
             the
             times
             fixed
             wherein
             this
             Transaction
             was
             ,
             to
             wit
             ,
             about
             the
             middle
             of
             January
             ,
             and
             beginning
             of
             February
             .
             For
             because
             they
             talk
             of
             the
             Prints
             ,
             Mr.
             Hambden
             had
             from
             them
             sufficient
             Notice
             ,
             and
             intimation
             of
             the
             Time.
             If
             Mr.
             Hambden
             ,
             that
             hath
             had
             all
             this
             Notice
             ,
             could
             have
             proved
             before
             you
             ,
             That
             he
             was
             in
             France
             ,
             or
             any
             other
             Place
             at
             that
             time
             ,
             That
             had
             been
             wonderful
             Material
             .
             But
             all
             the
             Circumstances
             that
             are
             any
             way
             significant
             to
             support
             the
             Credit
             of
             this
             Matter
             ,
             are
             very
             well
             proved
             ;
             and
             so
             the
             Testimony
             of
             my
             Lord
             Howard
             is
             by
             these
             concurrent
             Circumstances
             of
             Fact
             ,
             sufficiently
             supported
             .
          
           
             Now
             ,
             Gent.
             I
             must
             tell
             you
             ,
             This
             being
             the
             Substance
             of
             the
             Evidence
             for
             the
             King
             ;
             I
             will
             now
             ,
             as
             near
             as
             I
             can
             ,
             give
             you
             an
             account
             of
             the
             Evidence
             for
             the
             Defendant
             ;
             It
             was
             opened
             by
             Mr.
             Williams
             very
             ingeniously
             for
             the
             advantage
             of
             his
             Clyent
             ;
             as
             every
             man
             is
             bound
             to
             say
             what
             he
             can
             for
             his
             Clyent
             .
             He
             made
             a
             great
             many
             Objections
             against
             my
             Lord
             Howard
             ;
             for
             if
             he
             could
             but
             shake
             the
             Testimony
             of
             my
             Lord
             
             Howard
             ,
             then
             he
             might
             easily
             bring
             off
             his
             Clyent
             ;
             and
             if
             you
             ,
             upon
             any
             thing
             that
             has
             been
             offered
             ,
             either
             in
             Evidence
             ,
             or
             by
             way
             of
             Observation
             fairly
             made
             from
             the
             Evidence
             ,
             do
             believe
             my
             Lord
             Howard
             has
             forsworn
             himself
             ,
             you
             must
             find
             Mr.
             Hambden
             ,
             the
             Defendant
             ,
             Not
             Guilty
             ;
             but
             if
             you
             believe
             he
             has
             not
             forsworn
             himself
             ,
             you
             must
             find
             him
             Guilty
             .
             So
             all
             our
             matter
             is
             reduced
             into
             a
             very
             narrow
             compass
             ;
             and
             therefore
             I
             must
             repeat
             it
             again
             what
             I
             said
             at
             the
             beginning
             ,
             If
             my
             Memory
             do
             not
             serve
             me
             to
             recollect
             all
             right
             ,
             the
             Councel
             for
             the
             Defendant
             shall
             have
             free
             liberty
             to
             inform
             the
             Court
             of
             what
             has
             been
             omitted
             .
          
           
             First
             ,
             says
             Mr.
             Williams
             ,
             My
             Lord
             Howard
             was
             a
             man
             very
             deep
             in
             a
             Conspiracy
             with
             my
             Lord
             Shaftsbury
             ,
             by
             his
             own
             Acknowledgment
             ,
             endeavouring
             to
             conciliate
             a
             friendship
             between
             the
             Duke
             of
             Monmouth
             and
             my
             Lord
             Shaftsbury
             ;
             and
             so
             he
             had
             a
             great
             hand
             in
             the
             Plot
             ;
             and
             what
             he
             might
             do
             on
             purpose
             to
             get
             himself
             out
             of
             danger
             from
             that
             Plot
             ,
             and
             procure
             his
             Pardon
             ,
             is
             not
             known
             .
          
           
             It
             is
             a
             very
             strange
             thing
             ,
             that
             it
             should
             be
             an
             Objection
             before
             he
             had
             his
             Pardon
             ,
             That
             he
             did
             it
             for
             fear
             ,
             and
             to
             get
             his
             Pardon
             ;
             and
             when
             he
             has
             it
             ,
             now
             the
             Objection
             is
             ,
             Because
             he
             has
             his
             pardon
             ;
             and
             he
             got
             it
             ,
             say
             they
             ,
             by
             this
             means
             .
             It
             seems
             ,
             whether
             he
             had
             his
             Pardon
             or
             no
             ,
             it
             must
             be
             an
             objection
             against
             him
             :
             before
             he
             had
             it
             ,
             he
             was
             under
             the
             fear
             of
             not
             obtaining
             it
             ,
             till
             the
             drudgery
             of
             Swearing
             was
             over
             :
             but
             now
             he
             has
             his
             Pardon
             ,
             What
             now
             ?
             Why
             ,
             he
             does
             it
             on
             purpose
             to
             accuse
             other
             people
             .
             Why
             ,
             he
             says
             no
             more
             now
             ,
             than
             what
             he
             has
             said
             before
             he
             was
             Pardoned
             ;
             and
             if
             after
             he
             is
             Pardoned
             ,
             when
             he
             is
             under
             no
             dread
             or
             fear
             because
             of
             his
             Guilt
             ,
             he
             says
             the
             same
             things
             that
             he
             did
             when
             he
             might
             be
             in
             fear
             ,
             How
             can
             that
             be
             an
             Objection
             to
             him
             ?
             It
             cannot
             be
             thought
             he
             does
             it
             to
             save
             his
             own
             Life
             ,
             for
             that
             is
             as
             safe
             now
             by
             his
             Pardon
             ,
             as
             it
             can
             any
             way
             be
             ;
             and
             't
             is
             ,
             and
             must
             be
             a
             great
             satisfaction
             to
             his
             mind
             ,
             and
             will
             be
             so
             to
             any
             other
             reasonable
             mans
             mind
             ;
             and
             is
             a
             plain
             Answer
             to
             the
             Objection
             of
             his
             fear
             ,
             (
             for
             't
             is
             a
             captious
             Age
             we
             live
             in
             ,
             that
             will
             make
             some
             specious
             Objection
             or
             other
             ,
             though
             it
             be
             not
             of
             any
             great
             weight
             )
             .
             But
             how
             can
             it
             be
             thought
             a
             man
             would
             come
             and
             Swear
             too
             much
             ,
             or
             too
             far
             ,
             for
             fear
             he
             should
             not
             save
             himself
             :
             or
             as
             they
             call
             it
             ,
             swear
             himself
             into
             a
             Pardon
             ,
             when
             he
             has
             his
             Pardon
             ?
             It
             might
             be
             an
             Objection
             before
             ;
             but
             as
             long
             as
             he
             is
             under
             no
             such
             Terrors
             now
             ,
             but
             stands
             right
             ,
             both
             by
             the
             Laws
             of
             God
             and
             Man
             to
             be
             heard
             as
             a
             Witness
             ,
             I
             think
             it
             would
             be
             hard
             for
             any
             to
             come
             ,
             and
             say
             ,
             
               This
               man
               would
               for
               swear
               himself
               .
            
             What
             should
             provoke
             him
             to
             come
             and
             forswear
             himself
             ,
             when
             he
             is
             under
             no
             danger
             as
             to
             his
             own
             particular
             ?
             There
             might
             be
             an
             Umbrage
             ,
             I
             say
             ,
             of
             an
             Objection
             before
             he
             had
             his
             Pardon
             ,
             though
             it
             was
             ,
             indeed
             ,
             no
             Objection
             before
             ;
             not
             a
             rational
             weighty
             one
             ,
             to
             set
             aside
             his
             Testimony
             .
             But
             nobody
             knows
             which
             way
             in
             the
             World
             to
             satisfie
             the
             Minds
             of
             some
             sort
             of
             people
             .
          
           
             In
             the
             next
             place
             ,
             Gent.
             says
             Mr.
             Williams
             ,
             You
             are
             not
             positive
             as
             to
             the
             time
             ;
             You
             say
             ,
             It
             was
             about
             the
             middle
             of
             January
             ,
             and
             the
             beginning
             of
             February
             ,
             and
             that
             is
             too
             general
             and
             wide
             ;
             but
             you
             remember
             particularly
             to
             a
             Day
             the
             business
             between
             you
             and
             my
             Lord
             of
             Shaftsbury
             ,
             That
             ,
             that
             was
             the
             day
             after
             Michaelmas
             day
             :
             how
             can
             you
             be
             so
             particular
             as
             to
             the
             one
             ,
             and
             not
             as
             particular
             as
             to
             the
             other
             ?
          
           
           
             Why
             ,
             I
             will
             undertake
             that
             Mr.
             VVilliams
             ,
             when
             he
             made
             the
             Objection
             ,
             must
             needs
             think
             of
             the
             Answer
             that
             would
             be
             given
             to
             it
             .
             It
             is
             notoriously
             known
             ,
             that
             the
             Pressures
             these
             Gentlemen
             thought
             they
             lay
             under
             ,
             were
             what
             my
             Lord
             of
             Shaftbury
             said
             ,
             
               Now
               they
               have
               got
               the
               Juries
               into
               their
               own
               Power
               ,
               and
               no
               man
               is
               safe
               ;
               They
               will
               find
               me
               or
               any
               man
               Guilty
               ,
               as
               they
               please
            
             ;
             Why
             ,
             how
             came
             they
             to
             get
             Juries
             into
             their
             own
             hands
             ,
             but
             by
             having
             the
             Sheriffs
             as
             they
             would
             have
             them
             ?
             Now
             the
             Sheriffs
             that
             are
             to
             return
             Juries
             ,
             are
             ,
             as
             all
             men
             know
             that
             know
             any
             thing
             ,
             Sworn
             the
             day
             before
             Michaelmas
             day
             ;
             Therefore
             he
             might
             very
             well
             ,
             and
             had
             good
             reason
             to
             remember
             that
             day
             ;
             When
             such
             a
             notorious
             thing
             happens
             to
             fall
             out
             at
             such
             a
             notorious
             time
             ,
             't
             is
             easier
             for
             a
             man
             to
             remember
             that
             time
             ,
             than
             to
             speak
             to
             the
             particular
             time
             of
             an
             Action
             done
             about
             the
             middle
             of
             a
             Month
             ,
             where
             there
             is
             not
             such
             a
             notorious
             Circumstance
             .
             Why
             ,
             I
             can
             tell
             you
             very
             well
             where
             I
             was
             upon
             the
             day
             before
             Michaelmas
             day
             ;
             Upon
             that
             day
             ,
             and
             the
             day
             after
             ;
             for
             that
             very
             reason
             ,
             Because
             it
             was
             a
             notorious
             day
             about
             the
             Swearing
             of
             Sheriffs
             in
             London
             .
             But
             if
             you
             ask
             me
             ,
             Where
             I
             was
             the
             middle
             of
             January
             ,
             or
             the
             middle
             of
             February
             ,
             I
             cannot
             so
             well
             remember
             that
             .
             But
             there
             is
             Credit
             to
             be
             given
             to
             a
             man
             that
             speaks
             to
             a
             notorious
             Circumstance
             ,
             and
             thereby
             proves
             the
             probability
             of
             what
             he
             says
             ,
             tho
             he
             should
             not
             be
             so
             particular
             in
             a
             thing
             that
             admits
             not
             of
             such
             a
             notorious
             Circumstance
             .
          
           
             Gentlemen
             ,
             I
             make
             the
             Objections
             as
             they
             are
             stated
             on
             the
             one
             side
             ,
             and
             on
             the
             other
             side
             ;
             and
             the
             Answers
             that
             naturally
             flow
             to
             prove
             the
             matters
             before
             you
             one
             way
             or
             other
             ;
             and
             you
             are
             to
             judge
             ,
             you
             are
             to
             weigh
             them
             ;
             and
             which
             has
             the
             greater
             Credit
             with
             you
             ,
             you
             are
             to
             take
             notice
             of
             .
          
           
             He
             does
             say
             ,
             in
             the
             next
             place
             ,
             Here
             was
             a
             discourse
             of
             Arms
             and
             Armed
             men
             ,
             and
             a
             great
             sum
             of
             Money
             spoken
             of
             ,
             but
             there
             breaks
             out
             nothing
             of
             this
             matter
             till
             July
             following
             ;
             but
             this
             debate
             was
             in
             January
             ,
             and
             February
             before
             .
             For
             that
             matter
             ,
             the
             Answer
             that
             is
             given
             ,
             and
             it
             seems
             to
             be
             a
             plain
             one
             ,
             is
             ,
             That
             they
             were
             to
             conciliate
             a
             Correspondence
             with
             people
             that
             were
             abroad
             ,
             and
             that
             they
             could
             not
             go
             on
             till
             they
             had
             effected
             that
             ,
             and
             till
             these
             people
             came
             to
             joyn
             with
             them
             ,
             which
             could
             not
             be
             without
             some
             time
             .
             And
             you
             hear
             the
             Cockrams
             and
             the
             Cambels
             came
             not
             to
             the
             Town
             ,
             till
             June
             or
             July
             ;
             so
             that
             it
             was
             not
             probable
             it
             should
             break
             out
             till
             then
             ,
             because
             it
             was
             to
             be
             agitated
             upon
             their
             coming
             here
             .
             And
             so
             that
             Objection
             is
             answered
             ,
             They
             did
             not
             apprehend
             any
             such
             necessity
             for
             present
             engaging
             in
             it
             .
             For
             ,
             my
             Lord
             Howard
             ,
             because
             he
             thought
             it
             would
             be
             a
             work
             of
             time
             to
             settle
             the
             Correspondence
             ,
             and
             get
             these
             people
             to
             Town
             ,
             went
             down
             to
             his
             Country
             house
             in
             Essex
             ,
             and
             from
             thence
             to
             the
             Bath
             ,
             for
             he
             did
             apprehend
             some
             considerable
             time
             must
             be
             spent
             ere
             these
             pople
             could
             come
             ;
             and
             therefore
             he
             thought
             it
             convenient
             to
             take
             his
             retirement
             in
             the
             mean
             time
             .
          
           
             Ay
             ,
             but
             't
             is
             strange
             ,
             says
             Mr.
             Williams
             ,
             and
             he
             makes
             that
             another
             
             Objection
             ;
             He
             would
             have
             my
             Lord
             Howard
             to
             draw
             in
             this
             Accusation
             of
             Mr.
             Hambden
             ,
             to
             procure
             his
             pardon
             ,
             by
             going
             further
             than
             the
             other
             Discoverers
             had
             gone
             .
             It
             seems
             ,
             say
             they
             ,
             Mr.
             Hambden
             was
             not
             thought
             of
             at
             first
             ;
             But
             because
             West
             and
             Keeling
             had
             discovered
             a
             Plot
             ,
             my
             Lord
             Howard
             ,
             to
             secure
             himself
             ,
             must
             go
             a
             step
             further
             than
             they
             ,
             and
             (
             as
             the
             Defendants
             Councel
             would
             have
             it
             )
             than
             the
             Truth
             ;
             and
             that
             is
             the
             stress
             of
             the
             Objection
             .
             But
             the
             weight
             of
             the
             proof
             is
             quite
             different
             ;
             for
             all
             men
             know
             ,
             In
             the
             Plot
             there
             were
             several
             parts
             .
             There
             was
             the
             business
             of
             Keeling
             and
             VVest
             ,
             and
             that
             was
             the
             Assassination
             of
             the
             King
             and
             the
             Duke
             ;
             but
             the
             Duke
             of
             Monmouth
             ,
             my
             Lord
             Howard
             and
             those
             other
             Gentlemen
             ,
             were
             for
             the
             business
             of
             the
             Rising
             ,
             tho
             that
             might
             be
             in
             order
             to
             that
             other
             purpose
             ;
             but
             they
             kept
             not
             Company
             with
             those
             that
             were
             ingaged
             in
             that
             part
             of
             the
             design
             .
             They
             were
             the
             Underlings
             ,
             the
             Scoundrel
             Plotters
             ,
             that
             were
             concerned
             in
             the
             Assassination
             .
             But
             these
             Gentlemen
             looked
             upon
             themselves
             to
             be
             the
             Privy
             Councellors
             ,
             not
             to
             be
             the
             Executioners
             ;
             they
             were
             to
             be
             only
             Advisers
             ,
             what
             was
             to
             be
             done
             after
             that
             other
             business
             was
             over
             ;
             and
             their
             Consultations
             were
             for
             raising
             of
             men
             for
             an
             Insurrection
             ;
             not
             the
             business
             of
             the
             Assassination
             of
             the
             King
             ,
             that
             was
             not
             their
             Province
             .
             Can
             it
             then
             be
             an
             Objection
             against
             my
             Lord
             Howard
             ,
             because
             he
             gives
             a
             Testimony
             VVest
             and
             Keeling
             could
             not
             give
             ?
             Could
             they
             go
             further
             then
             the
             Killing
             of
             the
             King
             ,
             which
             was
             their
             business
             ?
             If
             any
             man
             should
             have
             asked
             my
             Lord
             Howard
             about
             that
             matter
             ,
             he
             would
             have
             made
             Answer
             ,
             It
             was
             not
             for
             that
             purpose
             that
             we
             met
             together
             at
             Mr.
             
             Hamden's
             ,
             and
             my
             Lord
             
             Russel's
             ;
             no
             ,
             that
             was
             upon
             a
             particular
             business
             ,
             and
             to
             a
             particular
             end
             and
             purpose
             .
          
           
             Then
             he
             says
             too
             ,
             That
             tho
             my
             Lord
             Howard
             comes
             here
             upon
             his
             Oath
             ,
             and
             declares
             these
             several
             matters
             that
             he
             hath
             deposed
             ;
             yet
             he
             has
             given
             a
             different
             accompt
             of
             things
             elsewhere
             ,
             and
             he
             has
             called
             several
             Witnesses
             to
             that
             purpose
             .
             To
             whom
             my
             Lord
             Howard
             several
             times
             upon
             his
             Honour
             ,
             upon
             his
             Word
             ,
             with
             Eyes
             lifted
             up
             ,
             and
             Hands
             elevated
             to
             Heaven
             ,
             and
             many
             extraordinary
             Protestations
             ,
             declared
             ,
             That
             he
             knew
             nothing
             of
             the
             Plot
             ;
             and
             say
             they
             ,
             If
             a
             man
             will
             at
             one
             time
             Pawn
             his
             Honour
             ,
             and
             his
             Reputation
             ,
             for
             the
             truth
             of
             a
             thing
             ,
             and
             after
             that
             ,
             will
             come
             again
             to
             Swear
             against
             all
             that
             matter
             ,
             That
             is
             an
             Argument
             that
             does
             sink
             the
             Credit
             and
             Reputation
             of
             that
             Witness
             ;
             and
             thereupon
             they
             call
             you
             several
             Witnesses
             ,
             some
             whereof
             are
             Persons
             of
             great
             Honour
             and
             Quality
             .
             I
             think
             they
             begin
             first
             with
             Ducas
             ,
             Servant
             to
             Col.
             Sidney
             ,
             and
             he
             tells
             you
             ,
             After
             his
             Master
             was
             taken
             ,
             my
             Lord
             Howard
             came
             thither
             ,
             and
             desired
             he
             might
             lye
             there
             ;
             and
             desired
             the
             use
             of
             some
             Plate
             and
             Goods
             of
             Col.
             
             Sidney's
             ;
             and
             then
             asked
             ,
             what
             was
             become
             of
             his
             Master
             ?
             And
             when
             Ducas
             told
             him
             what
             he
             heard
             of
             the
             Plot
             ,
             that
             something
             was
             talked
             of
             ,
             about
             the
             Assassination
             of
             the
             King
             and
             the
             Duke
             ,
             my
             Lord
             Howard
             lift
             up
             his
             Eyes
             ,
             and
             his
             Hands
             to
             Heaven
             ,
             and
             declared
             he
             knew
             nothing
             of
             it
             ,
             but
             he
             believed
             Col.
             Sidney
             was
             a
             very
             honest
             man
             ,
             and
             knew
             nothing
             at
             all
             of
             any
             such
             matter
             ;
             and
             as
             for
             himself
             ,
             rather
             than
             he
             would
             be
             taken
             or
             confined
             again
             ,
             he
             would
             do
             any
             thing
             .
             This
             was
             the
             Evidence
             they
             gave
             as
             to
             him
             .
             Then
             they
             come
             with
             Mr.
             Howard
             their
             2
             d.
             Witness
             ;
             for
             I
             would
             take
             
             them
             in
             order
             as
             they
             were
             produced
             ,
             and
             he
             gives
             you
             an
             account
             ,
             that
             he
             met
             with
             my
             Lord
             Howard
             ,
             and
             my
             Lord
             Howard
             told
             him
             he
             knew
             nothing
             at
             all
             of
             any
             Plot
             ,
             and
             did
             believe
             that
             Col.
             Sidney
             was
             innocent
             ,
             and
             he
             did
             believe
             likewise
             that
             my
             Lord
             Russel
             was
             innocent
             ,
             and
             for
             his
             part
             he
             knew
             nothing
             of
             any
             such
             thing
             as
             a
             Plot
             ,
             but
             he
             says
             when
             he
             began
             to
             talk
             to
             him
             ,
             why
             did
             he
             make
             such
             a
             Bustle
             and
             go
             so
             often
             into
             the
             City
             and
             concern
             himself
             about
             the
             making
             of
             Sheriffs
             ?
             he
             answered
             ,
             I
             do
             nothing
             but
             what
             is
             in
             a
             legal
             way
             ,
             and
             he
             justified
             all
             that
             was
             done
             to
             be
             only
             in
             a
             legal
             way
             .
          
           
             When
             once
             people
             come
             to
             believe
             that
             the
             raising
             of
             Tumults
             ,
             and
             making
             Seditions
             ,
             Stirs
             and
             Noises
             is
             a
             legal
             way
             to
             obtain
             their
             ends
             ,
             as
             we
             know
             't
             is
             the
             Tenet
             and
             Principle
             of
             a
             great
             many
             people
             ,
             what
             will
             they
             not
             do
             under
             that
             pretence
             ,
             That
             all
             they
             do
             is
             according
             to
             Law
             ?
             They
             think
             it
             is
             lawful
             by
             the
             Religion
             they
             profess
             to
             resist
             and
             oppose
             the
             Government
             ,
             and
             the
             
               old
               Cause
            
             is
             a
             
               good
               Cause
            
             to
             this
             day
             in
             some
             mens
             Opinion
             ,
             and
             they
             can
             die
             in
             it
             ,
             and
             thank
             God
             for
             being
             concerned
             in
             it
             .
             And
             there
             are
             some
             people
             that
             say
             the
             raising
             of
             Arms
             by
             the
             King's
             Authority
             against
             his
             Person
             is
             lawful
             by
             the
             Religion
             they
             profess
             ,
             and
             they
             call
             themselves
             Protestants
             ,
             (
             how
             justly
             you
             may
             imagine
             )
             and
             if
             men
             will
             make
             Insurrections
             to
             difficult
             the
             Government
             ,
             it
             is
             Rebellion
             ,
             and
             no
             man
             can
             justifie
             it
             ,
             let
             him
             pretend
             Conscience
             or
             what
             he
             will
             ,
             't
             is
             rank
             Treason
             .
             It
             is
             not
             saying
             ,
             I
             am
             thus
             persuaded
             in
             my
             Conscience
             that
             will
             excuse
             the
             Man
             ,
             if
             I
             steer
             my self
             by
             the
             Dictates
             of
             a
             good
             and
             regular
             Conscience
             ,
             it
             can
             never
             be
             thought
             that
             I
             shall
             commit
             Treason
             but
             it
             is
             the
             effect
             of
             evil
             Principles
             .
          
           
             Was
             it
             not
             under
             the
             shape
             of
             Religion
             ,
             That
             that
             blessed
             Martyr
             King
             Charles
             the
             First
             of
             ever
             blessed
             memory
             came
             to
             the
             Block
             ;
             nay
             ,
             and
             I
             have
             heard
             of
             some
             men
             in
             the
             late
             times
             that
             were
             ingaged
             on
             that
             side
             ,
             who
             finding
             that
             the
             King
             did
             prevail
             at
             the
             beginning
             of
             the
             War
             ,
             because
             he
             had
             Gentlemen
             of
             Quality
             and
             Spirit
             to
             appear
             for
             him
             ,
             were
             at
             a
             loss
             to
             know
             which
             way
             in
             the
             World
             they
             should
             put
             a
             Spirit
             into
             the
             common
             people
             to
             oppose
             the
             King
             ;
             and
             some
             among
             them
             bid
             them
             be
             sure
             to
             put
             Religion
             to
             be
             but
             the
             pretence
             ,
             and
             that
             would
             make
             them
             run
             headlong
             to
             what
             they
             would
             have
             them
             .
             Whose
             Opinion
             that
             was
             is
             not
             strange
             to
             any
             that
             know
             any
             thing
             of
             the
             History
             of
             those
             times
             .
             So
             that
             when
             once
             people
             take
             it
             to
             be
             the
             Principle
             of
             their
             Religion
             to
             oppose
             and
             resist
             all
             that
             are
             not
             of
             their
             persuasion
             ,
             and
             for
             Religion
             sake
             to
             resist
             Authority
             ,
             then
             they
             think
             all
             is
             lawful
             they
             can
             do
             to
             preserve
             their
             Religion
             as
             long
             as
             they
             are
             wound
             up
             to
             that
             Opinion
             .
          
           
             Their
             next
             Witness
             ,
             Gentlemen
             ,
             is
             my
             Lord
             of
             Clare
             ,
             and
             he
             gives
             you
             an
             account
             of
             his
             Discourse
             with
             my
             Lord
             Howard
             .
             And
             by
             the
             way
             I
             must
             observe
             what
             I
             am
             very
             sorry
             for
             with
             all
             my
             heart
             ,
             To
             hear
             that
             among
             Gentlemen
             of
             Quality
             and
             Honour
             Discourses
             of
             the
             Government
             and
             the
             Male-Administration
             of
             it
             as
             they
             think
             should
             be
             onely
             matter
             of
             Jest
             fit
             for
             their
             recreation
             ,
             and
             laughter
             ,
             onely
             merry
             Table-talk
             ,
             as
             though
             Government
             so
             sacred
             a
             thing
             were
             as
             mean
             as
             any
             trivial
             Concern
             whatsoever
             .
             I
             am
             sorry
             to
             hear
             and
             see
             that
             Persons
             of
             great
             Honour
             and
             Quality
             should
             esteem
             it
             so
             .
             And
             I
             must
             be
             pardoned
             if
             I
             take
             notice
             of
             it
             :
             for
             matters
             of
             Government
             and
             yielding
             Obedience
             to
             Superiours
             is
             a
             matter
             of
             Religion
             ,
             't
             is
             a
             serious
             matter
             ,
             and
             every
             Man
             ought
             to
             make
             Conscience
             of
             it
             .
             To
             talk
             of
             Government
             with
             Reverence
             as
             well
             as
             pay
             Duty
             and
             Obedience
             to
             it
             .
             And
             when
             I
             find
             it
             made
             a
             Jest
             I
             must
             be
             permitted
             to
             say
             that
             is
             not
             so
             well
             done
             ,
             and
             whoever
             it
             is
             that
             makes
             it
             so
             ought
             very
             much
             to
             be
             blamed
             .
          
           
           
             My
             Lord
             of
             Clare
             comes
             and
             testifies
             ,
             That
             my
             Lord
             Howard
             told
             him
             ,
             He
             did
             not
             believe
             my
             Lord
             Russel
             was
             guilty
             of
             what
             he
             was
             accused
             of
             ,
             much
             less
             did
             he
             believe
             it
             of
             Col.
             Sidney
             ,
             and
             when
             he
             began
             to
             talk
             about
             Writings
             found
             in
             
             Sidney's
             Closet
             ,
             he
             said
             ,
             there
             can
             be
             nothing
             of
             his
             Writings
             found
             that
             can
             do
             him
             or
             any
             Man
             else
             any
             hurt
             .
             This
             is
             the
             substance
             of
             what
             that
             Noble
             Lord
             has
             said
             .
          
           
             Then
             there
             is
             my
             Lord
             Paget
             ,
             and
             he
             likewise
             gives
             an
             account
             ,
             That
             he
             had
             some
             Discourse
             with
             my
             Lord
             Howard
             about
             the
             Plot
             ;
             and
             he
             told
             him
             too
             ,
             That
             he
             did
             not
             believe
             any
             thing
             of
             this
             Plot
             ,
             or
             that
             my
             Lord
             Russel
             and
             others
             accused
             had
             any
             hand
             in
             it
             .
             But
             I
             would
             observe
             this
             one
             thing
             upon
             my
             Lord
             
             Paget's
             testimony
             ,
             That
             still
             my
             Lord
             Howard
             was
             wish'd
             joy
             by
             every
             body
             ,
             and
             I
             am
             glad
             to
             see
             your
             heels
             at
             liberty
             ,
             and
             the
             like
             .
             So
             that
             there
             was
             some
             jealousie
             of
             his
             being
             concerned
             ;
             some
             thing
             or
             other
             there
             was
             in
             it
             .
             Says
             my
             Lord
             Howard
             ,
             I
             look
             upon
             my self
             as
             affronted
             that
             any
             body
             should
             talk
             so
             of
             me
             .
             He
             was
             concerned
             that
             they
             should
             suspect
             him
             .
             But
             something
             there
             was
             at
             the
             bottom
             .
             Says
             my
             Lord
             Paget
             ,
             I
             am
             glad
             to
             hear
             you
             are
             out
             of
             it
             .
             For
             he
             began
             to
             imagine
             there
             must
             be
             some
             fire
             for
             all
             this
             smoak
             .
             That
             ,
             Gentlemen
             ,
             was
             the
             Discourse
             he
             had
             with
             him
             .
             But
             he
             says
             ,
             That
             with
             my
             Lord
             Paget
             there
             were
             Discourses
             of
             his
             going
             beyond
             Sea
             ,
             but
             he
             did
             not
             go
             .
          
           
             Then
             comes
             Dr.
             Burnet
             ,
             and
             he
             tells
             you
             ,
             That
             there
             were
             Protestations
             made
             to
             him
             ,
             and
             he
             has
             got
             the
             same
             words
             as
             the
             French
             Man
             had
             ,
             That
             he
             did
             it
             with
             lifted
             up
             eyes
             and
             hands
             ,
             he
             professed
             solemnly
             he
             was
             altogether
             a
             stranger
             to
             any
             such
             thing
             .
             The
             Dr.
             says
             ,
             He
             had
             heard
             there
             was
             a
             Plot
             ,
             and
             was
             persuaded
             of
             the
             truth
             of
             it
             ,
             but
             he
             was
             a
             little
             shaken
             by
             what
             my
             Lord
             Howard
             said
             to
             him
             .
             But
             now
             he
             is
             sufficiently
             satisfied
             there
             is
             a
             Plot
             ,
             and
             I
             am
             glad
             he
             is
             ,
             for
             I
             think
             it
             scarce
             does
             remain
             a
             doubt
             with
             any
             Men
             that
             have
             any
             value
             for
             the
             Religion
             and
             Government
             we
             live
             under
             .
             And
             I
             know
             not
             how
             they
             could
             be
             better
             satisfied
             than
             by
             the
             Evidence
             that
             has
             been
             given
             of
             it
             ,
             a
             main
             part
             of
             which
             was
             given
             by
             my
             Lord
             Howard
             .
             All
             this
             was
             before
             my
             Lord
             Howard
             was
             taken
             .
          
           
             Then
             comes
             in
             one
             Mr.
             Gisborne
             ,
             and
             he
             tells
             you
             the
             same
             Story
             ,
             That
             a
             great
             while
             ago
             my
             Lord
             Howard
             told
             him
             he
             knew
             nothing
             of
             the
             Plot.
             
          
           
             The
             next
             to
             him
             is
             Mr.
             Blake
             ,
             and
             he
             tells
             you
             ,
             That
             after
             such
             time
             as
             the
             Plot
             was
             discovered
             ,
             and
             after
             my
             Lord
             Russel
             was
             tryed
             ,
             and
             after
             my
             Lord
             Howard
             had
             given
             Evidence
             at
             the
             
               Old
               Baily
            
             ,
             he
             shew'd
             him
             the
             Warrant
             for
             his
             Pardon
             ,
             and
             Blake
             telling
             him
             that
             was
             not
             sufficient
             without
             an
             actual
             Pardon
             ;
             He
             replyed
             ,
             I
             think
             in
             my
             Conscience
             I
             shall
             not
             have
             a
             Pardon
             till
             the
             drudgery
             of
             Swearing
             is
             over
             .
             But
             is
             that
             any
             argument
             ?
             Here
             is
             a
             Man
             under
             the
             drudgery
             of
             Swearing
             ;
             therefore
             he
             did
             not
             know
             any
             such
             thing
             as
             he
             swears
             .
             It
             carries
             thus
             much
             along
             with
             it
             ,
             That
             it
             was
             uneasie
             to
             him
             ,
             and
             there
             is
             a
             kind
             of
             a
             force
             put
             upon
             him
             to
             swear
             as
             they
             say
             in
             order
             to
             his
             Pardon
             .
          
           
             But
             now
             ,
             Gentlemen
             ,
             that
             will
             admit
             of
             this
             Answer
             ,
             and
             a
             plain
             one
             certainly
             it
             is
             ,
             When
             a
             Man
             comes
             over
             and
             over
             again
             to
             tell
             the
             World
             such
             a
             story
             and
             give
             such
             an
             account
             of
             himself
             ,
             it
             must
             a
             little
             grate
             upon
             him
             though
             it
             be
             his
             duty
             to
             tell
             the
             truth
             ,
             and
             though
             as
             Mr.
             Williams
             says
             ,
             He
             is
             the
             best
             Martyr
             that
             is
             a
             Martyr
             for
             Truth
             ;
             even
             so
             say
             I
             on
             the
             other
             side
             ,
             he
             is
             the
             best
             penitent
             that
             is
             a
             penitent
             for
             Truth
             ,
             and
             he
             is
             the
             best
             Witness
             that
             is
             a
             Witness
             for
             truths
             sake
             ,
             and
             he
             gives
             the
             best
             testimony
             of
             his
             repentance
             that
             by
             his
             testimony
             declares
             the
             truth
             though
             it
             be
             harsh
             and
             uneasie
             to
             him
             ;
             For
             if
             I
             have
             any
             ingenuity
             ,
             and
             have
             lived
             in
             good
             credit
             in
             the
             World
             ,
             it
             must
             be
             a
             drudgery
             and
             irksom
             thing
             to
             call
             my self
             
             a
             Traytor
             so
             often
             in
             a
             Court
             of
             Justice
             .
             It
             is
             true
             ,
             he
             might
             have
             given
             it
             a
             more
             moderate
             Term
             ,
             and
             yet
             withal
             upon
             these
             circumstances
             he
             might
             have
             reason
             to
             call
             it
             in
             some
             sense
             a
             Drudgery
             .
             But
             now
             ,
             Gentlemen
             ,
             As
             he
             did
             swear
             it
             before
             he
             had
             his
             pardon
             from
             time
             to
             time
             upon
             all
             occasions
             when
             he
             was
             called
             as
             a
             Witness
             .
             So
             now
             the
             Pardon
             is
             come
             ,
             which
             they
             would
             have
             to
             be
             the
             reason
             of
             the
             continuance
             of
             his
             Drudgery
             he
             swears
             the
             same
             thing
             .
             He
             has
             his
             pardon
             under
             the
             King's
             Seal
             ,
             and
             though
             it
             might
             be
             thought
             they
             would
             keep
             him
             within
             the
             compass
             of
             his
             Tether
             till
             he
             had
             done
             his
             Evidence
             ;
             now
             he
             has
             got
             that
             he
             desired
             he
             swears
             the
             same
             thing
             .
             And
             now
             his
             pardon
             does
             not
             at
             all
             influence
             his
             testimony
             ,
             he
             is
             not
             under
             any
             fear
             ,
             but
             is
             as
             free
             as
             any
             Subject
             the
             King
             has
             ,
             and
             now
             he
             is
             upon
             his
             Oath
             ,
             he
             gives
             you
             the
             account
             you
             have
             had
             ,
             and
             he
             did
             say
             all
             the
             same
             things
             before
             such
             time
             as
             Col.
             Sidney
             ,
             my
             L.
             Russel
             were
             tryed
             that
             he
             says
             now
             .
          
           
             Then
             ,
             Gentlemen
             ,
             you
             have
             in
             the
             next
             place
             Witnesses
             called
             ,
             several
             of
             them
             to
             give
             you
             an
             Account
             of
             the
             Conversation
             and
             disposition
             of
             Mr.
             Hambden
             ;
             for
             says
             Mr.
             Williams
             ,
             for
             a
             man
             to
             be
             guilty
             of
             a
             Crime
             of
             this
             nature
             there
             must
             be
             some
             kind
             of
             evil
             disposition
             to
             it
             ,
             and
             so
             Mr.
             Williams
             would
             argue
             and
             make
             this
             inference
             .
             You
             see
             he
             is
             not
             a
             man
             of
             a
             turbulent
             ,
             seditious
             and
             factious
             Spirit
             and
             temper
             ,
             he
             is
             a
             studious
             person
             ,
             very
             retired
             ,
             that
             has
             been
             beyond
             Sea
             much
             ,
             and
             came
             not
             home
             till
             such
             a
             time
             .
             And
             if
             there
             were
             interlocutions
             between
             my
             Lord
             Howard
             and
             my
             Lord
             Shaftsbury
             it
             was
             before
             he
             came
             into
             England
             ,
             and
             so
             he
             was
             not
             concerned
             in
             them
             .
             He
             says
             ,
             That
             March
             last
             he
             was
             to
             go
             again
             ,
             he
             had
             a
             mind
             to
             return
             again
             to
             France
             for
             his
             health
             ,
             and
             what
             reason
             have
             we
             to
             imagine
             he
             should
             concern
             himself
             in
             the
             Plot
             ?
             When
             he
             was
             so
             studious
             a
             Man
             ,
             lived
             so
             retired
             a
             life
             ,
             and
             intended
             to
             go
             abroad
             so
             suddenly
             .
             And
             for
             this
             you
             have
             my
             Lord
             Paget
             ,
             Mr.
             Pelham
             .
             Sir
             
               Henry
               Hobart
            
             ,
             Dr.
             Lupee
             ,
             Monsieur
             Justel
             ,
             and
             one
             Murray
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             Murray
             ,
             my
             Lord
             ,
             we
             did
             not
             examine
             .
          
        
         
           
             Lord
             Chief
             Justice
             .
          
           
             'T
             is
             true
             ,
             I
             beg
             your
             pardon
             .
             Well
             then
             ,
             these
             others
             tell
             you
             ,
             They
             have
             been
             persons
             very
             intimately
             conversant
             with
             him
             ,
             they
             never
             knew
             he
             concerned
             himself
             with
             any
             thing
             about
             Government
             ,
             but
             was
             of
             a
             quiet
             peaceable
             demeanor
             ,
             and
             was
             so
             far
             from
             that
             which
             the
             Indictment
             talks
             of
             Turbulency
             and
             Sedition
             ,
             that
             they
             never
             had
             any
             discourse
             with
             him
             about
             any
             such
             thing
             at
             all
             ,
             save
             what
             Dr.
             Lupee
             says
             ,
             who
             it
             seems
             lived
             with
             him
             about
             two
             years
             ,
             and
             kept
             him
             Company
             in
             his
             Studies
             ,
             and
             that
             once
             having
             some
             discourse
             about
             the
             Popish
             Plot
             ;
             He
             said
             he
             would
             venture
             his
             Life
             and
             any
             thing
             he
             had
             to
             preserve
             the
             King
             and
             Government
             against
             that
             Plot
             ;
             he
             did
             very
             well
             ,
             and
             if
             he
             had
             since
             declared
             ,
             he
             would
             have
             ventured
             his
             life
             to
             have
             secured
             the
             King
             and
             Government
             ,
             against
             this
             Plot
             ,
             I
             should
             have
             been
             glad
             to
             find
             him
             of
             that
             mind
             ,
             I
             pray
             God
             you
             may
             find
             him
             to
             be
             so
             .
             But
             from
             the
             Evidence
             even
             of
             that
             French
             man
             ,
             it
             seems
             there
             was
             some
             Jealousie
             in
             the
             World
             ,
             and
             that
             he
             lay
             under
             hard
             Censures
             as
             well
             as
             other
             people
             .
             For
             speaking
             of
             the
             Plot
             the
             Advice
             given
             him
             was
             this
             .
             My
             Lord
             Grey
             is
             gone
             and
             the
             Duke
             of
             Monmouth
             is
             gone
             ,
             why
             won't
             you
             go
             ?
             Why
             should
             that
             advice
             be
             given
             ,
             if
             there
             were
             no
             suspition
             of
             his
             being
             concerned
             .
             That
             he
             said
             
               I
               will
               not
               go
            
             ,
             and
             so
             they
             would
             make
             his
             staying
             here
             to
             be
             an
             instance
             and
             proof
             of
             his
             innocence
             ;
             Why
             Gentlemen
             ,
             If
             that
             should
             be
             so
             ,
             then
             there
             was
             the
             same
             innocency
             in
             my
             Lord
             Russel
             ,
             and
             Col.
             Sidney
             ,
             and
             all
             of
             them
             :
             for
             all
             the
             Council
             of
             Six
             every
             one
             of
             them
             stay'd
             ,
             except
             the
             Duke
             of
             Monmouth
             and
             he
             indeed
             did
             abscond
             .
             And
             the
             same
             Evidence
             
             that
             made
             the
             Duke
             of
             Monmouth
             fly
             ,
             and
             my
             Lord
             Essex
             out
             his
             own
             throat
             convicted
             my
             Lord
             Russel
             and
             Col.
             Sidney
             ,
             and
             is
             now
             brought
             against
             the
             Defendant
             ,
             and
             has
             from
             time
             to
             time
             been
             given
             against
             the
             rest
             .
             We
             know
             no
             reason
             that
             they
             had
             to
             stay
             more
             than
             West
             or
             Romsey
             had
             to
             stay
             and
             be
             taken
             ,
             and
             yet
             that
             is
             not
             used
             by
             them
             as
             an
             argument
             of
             their
             innocency
             .
          
           
             These
             are
             the
             Evidences
             that
             have
             been
             given
             on
             the
             Defendants
             part
             ;
             and
             I
             tell
             you
             as
             I
             go
             along
             what
             Answers
             are
             given
             to
             it
             on
             the
             part
             of
             the
             King.
             As
             to
             what
             is
             spoken
             of
             his
             intention
             to
             go
             again
             into
             France
             ,
             if
             he
             designed
             to
             go
             ,
             why
             did
             he
             not
             go
             before
             all
             this
             mischief
             broke
             out
             ?
             He
             came
             here
             at
             Michaelmas
             ,
             and
             I
             may
             say
             he
             came
             it
             may
             be
             at
             an
             unlucky
             time
             ,
             when
             the
             City
             and
             its
             Neighbourhood
             was
             in
             a
             Distemper
             ,
             and
             some
             Men
             were
             blown
             with
             fears
             and
             jealousies
             .
             These
             might
             animate
             him
             ,
             and
             inspirit
             him
             as
             they
             did
             other
             people
             ,
             and
             put
             them
             into
             a
             ferment
             ;
             but
             you
             find
             him
             attending
             in
             Town
             constantly
             here
             till
             the
             matter
             was
             discovered
             ,
             whatsoever
             his
             intentions
             were
             ,
             't
             is
             much
             he
             did
             not
             put
             them
             into
             Action
             ,
             't
             is
             strange
             he
             did
             not
             go
             all
             this
             while
             ,
             it
             had
             been
             much
             for
             his
             advantage
             That
             he
             had
             never
             come
             out
             of
             France
             ,
             or
             that
             he
             had
             returned
             thither
             much
             sooner
             .
          
           
             Against
             all
             this
             that
             has
             been
             urged
             for
             the
             Defendant
             about
             my
             Lord
             Howard
             ,
             I
             will
             tell
             you
             ,
             what
             is
             the
             Answer
             to
             it
             ;
             and
             truly
             first
             I
             say
             ,
             I
             am
             apt
             to
             believe
             my
             Lord
             Howard
             did
             tell
             these
             Gentlemen
             what
             they
             here
             testifie
             ;
             but
             was
             it
             ever
             thought
             That
             any
             Man
             that
             was
             guilty
             of
             High
             Treason
             would
             presently
             proclaim
             his
             own
             guilt
             ?
             Is
             it
             reasonable
             to
             imagine
             ,
             my
             Lord
             Howard
             would
             tell
             Dr.
             Burnet
             I
             am
             in
             a
             Plot
             ,
             and
             Col.
             Sidney
             is
             in
             a
             Plot
             ,
             and
             Mr.
             Hambden
             is
             in
             a
             Plot
             ,
             and
             make
             it
             his
             Common
             talk
             ;
             nay
             ,
             it
             is
             so
             far
             from
             being
             an
             Argument
             of
             his
             Innocency
             ,
             That
             more
             naturally
             it
             may
             be
             turned
             upon
             them
             as
             an
             Argument
             of
             his
             Guilt
             .
             For
             if
             a
             Man
             had
             not
             been
             concerned
             in
             the
             business
             at
             all
             ,
             but
             were
             an
             honest
             Man
             ,
             and
             free
             from
             suspition
             ,
             what
             need
             I
             talk
             or
             concern
             my self
             to
             proclaim
             my
             own
             innocency
             not
             being
             accused
             ?
             Why
             must
             I
             tell
             Col.
             
             Sidney's
             Footman
             ,
             This
             Man
             ,
             the
             other
             Man
             ,
             That
             I
             know
             nothing
             of
             the
             Plot
             ,
             and
             neither
             I
             nor
             any
             other
             Man
             I
             am
             sure
             is
             concerned
             in
             it
             ?
             But
             that
             shews
             there
             was
             a
             dread
             and
             apprehension
             upon
             him
             of
             something
             that
             he
             was
             conscious
             of
             ,
             and
             that
             lying
             within
             must
             have
             some
             vent
             ,
             and
             this
             Over-Caution
             is
             an
             intimation
             that
             there
             was
             something
             more
             than
             ordinary
             in
             the
             matter
             .
             We
             take
             notice
             of
             it
             as
             a
             great
             Evidence
             against
             a
             Man
             that
             is
             accused
             for
             an
             High-way
             Man
             ,
             if
             he
             comes
             to
             such
             an
             Ale-house
             or
             Inn
             ,
             and
             bids
             the
             People
             take
             notice
             I
             am
             here
             at
             such
             a
             time
             of
             the
             day
             ,
             and
             that
             is
             a
             circumstance
             of
             time
             that
             will
             serve
             to
             answer
             a
             proof
             ,
             it
             may
             be
             that
             may
             be
             brought
             against
             him
             of
             a
             Robbery
             done
             such
             a
             time
             ;
             but
             we
             always
             look
             upon
             that
             industry
             of
             theirs
             as
             a
             piece
             of
             Artifice
             designed
             to
             patch
             up
             a
             testimony
             to
             evade
             a
             proof
             .
             So
             that
             the
             Argument
             will
             turn
             the
             other
             way
             ;
             and
             't
             is
             more
             for
             the
             advantage
             of
             these
             worthy
             Gentlemen
             ,
             that
             it
             should
             be
             turned
             the
             other
             way
             ,
             for
             otherwise
             they
             would
             be
             thought
             to
             be
             Persons
             ill-affected
             to
             the
             Government
             ;
             that
             is
             Dr.
             Burnet
             ,
             my
             Lord
             Paget
             ,
             my
             Lord
             Clare
             ,
             and
             the
             rest
             .
             And
             if
             they
             have
             a
             mind
             to
             be
             thought
             otherwise
             ,
             they
             must
             let
             the
             Argument
             run
             that
             way
             as
             I
             say
             ,
             and
             in
             Charity
             we
             ought
             to
             believe
             the
             best
             of
             all
             mankind
             till
             we
             find
             otherwise
             by
             them
             .
             We
             say
             then
             in
             Charity
             ,
             We
             suppose
             He
             thought
             it
             not
             fit
             to
             intrust
             you
             with
             his
             Confessions
             ;
             for
             you
             are
             all
             Loyal
             Men
             ,
             I
             know
             't
             is
             the
             best
             Answer
             that
             can
             be
             given
             ,
             and
             that
             which
             they
             ought
             to
             value
             themselves
             upon
             for
             their
             own
             credit
             and
             reputation
             ,
             and
             not
             to
             make
             it
             an
             Argument
             against
             
             my
             Lord
             Howard
             ,
             or
             against
             the
             credibility
             of
             his
             testimony
             in
             the
             metter
             .
          
           
             I
             don't
             know
             truly
             ,
             Gentlemen
             ,
             That
             I
             have
             omitted
             any
             one
             thing
             that
             is
             material
             ,
             on
             the
             one
             side
             or
             on
             the
             other
             ,
             of
             which
             there
             hath
             been
             any
             proof
             ,
             but
             I
             must
             onely
             repeat
             to
             you
             this
             ,
             Here
             is
             a
             matter
             of
             great
             concern
             and
             Consequence
             ,
             a
             matter
             wherein
             the
             peace
             of
             the
             Government
             and
             the
             Kingdom
             is
             concerned
             in
             a
             very
             high
             degree
             ,
             a
             matter
             ,
             that
             if
             there
             were
             another
             Witness
             as
             positive
             against
             the
             Defendant
             as
             my
             Lord
             Howard
             ,
             would
             amount
             to
             no
             less
             than
             High
             Treason
             .
             But
             as
             there
             is
             but
             one
             Witness
             backed
             with
             these
             Circumstances
             to
             corroborate
             his
             testimony
             ,
             't
             is
             but
             onely
             a
             Trespass
             ,
             but
             I
             tell
             you
             it
             treads
             very
             nigh
             upon
             High
             Treason
             ,
             and
             the
             tendency
             of
             it
             was
             to
             bring
             us
             all
             into
             Confusion
             and
             what
             would
             be
             the
             consequence
             of
             that
             but
             to
             lay
             us
             open
             to
             the
             same
             mischiefs
             that
             we
             were
             under
             in
             the
             times
             of
             the
             late
             Rebellion
             .
             For
             though
             Men
             pretend
             never
             so
             fair
             ,
             and
             vail
             it
             under
             the
             names
             of
             the
             
               Security
               of
               the
               Government
               and
               the
               Protestant
               Religion
               ,
            
             yet
             they
             would
             have
             done
             well
             to
             have
             tarried
             till
             they
             had
             a
             legal
             Authority
             to
             call
             them
             to
             consult
             of
             these
             High
             matters
             that
             they
             pretend
             to
             secure
             ,
             that
             had
             been
             well
             .
             What
             had
             these
             Gentlemen
             to
             do
             to
             take
             upon
             themselves
             this
             Power
             without
             Authority
             ?
          
           
             Gentlemen
             ,
             You
             have
             heard
             the
             Evidence
             ,
             and
             you
             see
             what
             it
             is
             .
             And
             I
             must
             say
             ,
             in
             the
             late
             Evidences
             you
             have
             had
             concerning
             another
             business
             of
             this
             nature
             ,
             I
             wish
             that
             might
             be
             said
             to
             preserve
             and
             support
             the
             Credit
             of
             some
             Persons
             upon
             whose
             testimonies
             Lives
             have
             been
             taken
             away
             as
             has
             been
             said
             ,
             and
             is
             evident
             for
             the
             advantage
             of
             my
             Lord
             Howard
             .
             I
             do
             not
             find
             that
             he
             has
             been
             guilty
             of
             Perjury
             ,
             as
             being
             concerned
             in
             taking
             Oaths
             one
             way
             and
             then
             giving
             Evidence
             another
             .
             I
             mean
             ,
             first
             taking
             Oaths
             of
             Secresie
             and
             then
             revealing
             ;
             not
             but
             that
             notwithstanding
             all
             this
             ,
             They
             may
             be
             believed
             ,
             and
             God
             forbid
             but
             they
             should
             be
             believed
             according
             to
             truth
             .
             But
             I
             say
             ,
             if
             Objections
             of
             this
             nature
             are
             to
             prevail
             we
             must
             never
             expect
             any
             great
             Crime
             to
             be
             punished
             ,
             because
             we
             must
             stay
             till
             Persons
             that
             are
             strangers
             to
             the
             guilt
             of
             the
             Fact
             come
             to
             give
             Evidence
             of
             it
             ,
             which
             is
             impossible
             to
             be
             done
             .
          
           
             Therefore
             ,
             Gentlemen
             ,
             I
             must
             resolve
             it
             all
             into
             one
             Head
             ;
             You
             have
             the
             Case
             of
             a
             Gentleman
             of
             Quality
             on
             the
             one
             side
             ,
             and
             the
             peace
             and
             preservation
             of
             the
             Government
             on
             the
             other
             side
             .
             You
             hear
             what
             is
             proved
             against
             him
             ,
             the
             Evidence
             given
             on
             his
             behalf
             ,
             the
             Objections
             that
             have
             been
             made
             by
             the
             Counsel
             ,
             which
             all
             of
             them
             as
             near
             as
             I
             can
             remember
             I
             have
             repeated
             to
             you
             ,
             and
             I
             ask
             your
             pardon
             and
             theirs
             if
             I
             have
             omitted
             any
             thing
             ,
             and
             I
             desire
             to
             be
             minded
             of
             it
             .
             You
             hear
             the
             Answers
             that
             have
             been
             given
             .
             And
             because
             the
             Counsel
             were
             unwilling
             to
             give
             the
             Court
             trouble
             or
             themselves
             to
             make
             long
             Speeches
             and
             Observations
             ,
             Therefore
             I
             have
             been
             necessitated
             to
             do
             it
             as
             well
             I
             can
             .
          
           
             Upon
             the
             whole
             matter
             ,
             My
             Lord
             Howard
             has
             thus
             positively
             sworn
             the
             matter
             of
             Fact
             charged
             in
             the
             Indictment
             against
             the
             Defendant
             ;
             he
             has
             been
             supported
             by
             the
             Witnesses
             that
             confirm
             the
             circumstances
             of
             
             Smith's
             going
             into
             Scotland
             ,
             the
             
             Scotch-Men's
             being
             here
             in
             June
             ,
             and
             the
             Sham
             and
             Cant.
             of
             Carolina
             .
             All
             which
             you
             have
             heard
             ,
             and
             I
             make
             no
             question
             observed
             ,
             and
             is
             not
             contradicted
             by
             any
             thing
             I
             hear
             that
             carries
             any
             probability
             of
             an
             Answer
             .
             Therefore
             ,
             Gentlemen
             ,
             I
             leave
             it
             to
             you
             ,
             whether
             upon
             this
             Evidence
             you
             will
             take
             it
             upon
             your
             Consciences
             and
             Oaths
             ,
             That
             my
             Lord
             Howard
             is
             Guilty
             of
             wilful
             and
             corrupt
             Perjury
             ,
             Then
             you
             must
             find
             the
             Defendant
             not
             Guilty
             ;
             But
             if
             you
             think
             he
             has
             proved
             the
             matter
             fully
             ,
             and
             his
             testimony
             is
             supported
             by
             those
             four
             Witnesses
             ,
             Atterbury
             ,
             
             Sir
             
               Andrew
               Foster
               ,
               Sheriff
            
             ,
             and
             Bale
             ,
             Then
             Gentlemen
             ,
             you
             must
             find
             the
             Defendant
             Guilty
             .
          
        
         
           
             Juriman
             .
          
           
             My
             Lord
             ,
             We
             desire
             to
             ask
             one
             Question
             .
             At
             the
             meeting
             at
             Mr.
             
             Hamden's
             House
             ,
             I
             think
             my
             Lord
             Howard
             says
             they
             went
             to
             Dinner
             .
          
        
         
           
             Mr.
             
               Just
               .
               Holloway
            
             .
          
           
             No
             ,
             it
             was
             at
             Coll.
             
             Sidney's
             they
             went
             to
             Dinner
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             I
             know
             not
             whether
             you
             have
             taken
             notice
             of
             it
             ,
             but
             I
             have
             ,
             it
             was
             at
             Coll.
             
             Sidney's
             they
             dined
             ,
             not
             at
             Mr.
             
             Hambden's
             .
          
        
         
           Then
           the
           Jury
           withdrew
           from
           the
           Bar
           ,
           and
           within
           half
           an
           Hour
           the
           Jury
           returned
           ,
           and
           being
           called
           over
           answered
           to
           their
           Names
           ,
           and
           gave
           in
           their
           Verdict
           thus
           :
        
         
           
             Cl.
             of
             Crown
             .
          
           
             Are
             you
             all
             agreed
             of
             your
             Verdict
             ?
          
        
         
           
             Omnes
             .
          
           
             Yes
             .
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             Who
             shall
             say
             for
             you
             ?
          
        
         
           
             Omnes
             .
          
           
             Foreman
             .
          
        
         
           
             Cl.
             of
             Cr.
             
          
           
             How
             say
             you
             ?
             Is
             the
             Defendant
             guilty
             of
             the
             Trespass
             and
             Misdemeanor
             whereof
             he
             is
             impeached
             ,
             or
             not
             guilty
             ?
          
        
         
           
             Foreman
             .
          
           
             Guilty
             .
             Which
             Verdict
             being
             recorded
             ,
             the
             Court
             rose
             .
          
        
         
           Martis
           12.
           
           
             Februarii
             ,
             An.
          
           1683.
           
           
             B.
             R.
          
           
        
         
           
             L.
             C.
             J.
             
          
           
             Mr.
             Attorney
             ,
             Have
             you
             any
             thing
             to
             move
             ?
          
        
         
           
             Mr.
             
               At.
               Gen.
            
             
          
           
             I
             pray
             your
             Judgment
             against
             Mr.
             Hambden
             ,
             my
             Lord
             ,
             who
             was
             convicted
             the
             other
             day
             of
             a
             great
             Misdemeanor
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Let
             Mr.
             Hambden
             come
             into
             the
             Court
             then
             .
             
               which
               he
               did
               .
            
          
        
         
           
             Mr.
             
               At.
               Gen.
            
             
          
           
             My
             Lord
             ,
             I
             need
             not
             aggravate
             the
             hainousness
             of
             the
             Offence
             ;
             for
             it
             appears
             both
             by
             the
             Information
             ,
             and
             upon
             the
             Evidence
             to
             be
             beyond
             all
             Aggravation
             ,
             wherefore
             I
             shall
             onely
             pray
             your
             Judgment
             for
             the
             King
             ,
             That
             you
             would
             please
             to
             set
             a
             good
             Fine
             upon
             him
             ,
             and
             that
             he
             find
             Sureties
             for
             his
             good
             behaviour
             during
             his
             Life
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             May
             it
             please
             your
             Lordship
             ,
             I
             am
             of
             Counsel
             for
             Mr.
             Hambden
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Are
             the
             Rules
             out
             in
             this
             Cause
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             Yes
             ,
             my
             Lord
             ,
             they
             are
             out
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Well
             then
             ,
             what
             say
             you
             for
             Mr.
             Hambden
             ?
          
        
         
           
             Mr.
             Williams
             .
          
           
             Mr.
             Hambden
             does
             attend
             here
             according
             to
             the
             Condition
             of
             his
             Recognizance
             ,
             and
             since
             Mr.
             Attorney
             hath
             prayed
             your
             Judgment
             ,
             I
             shall
             not
             stir
             any
             thing
             as
             to
             the
             Indictment
             or
             the
             Verdict
             ,
             but
             all
             I
             have
             to
             say
             for
             him
             is
             this
             ,
             Mr.
             Hambden
             is
             but
             Heir
             apparent
             ,
             his
             Father
             is
             alive
             ;
             and
             so
             though
             he
             has
             the
             prospect
             of
             a
             good
             Estate
             ,
             yet
             he
             has
             but
             little
             at
             present
             in
             possession
             ;
             Your
             Lordship
             knows
             what
             
               Magna
               Charta
            
             says
             ,
             That
             there
             should
             be
             a
             
               Salvo
               Contenemento
            
             in
             all
             Fines
             ,
             and
             how
             far
             that
             may
             be
             an
             ingredient
             into
             your
             Lordships
             Judgment
             ,
             I
             leave
             to
             your
             Consideration
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             For
             that
             matter
             I
             cannot
             tell
             what
             his
             Estate
             is
             ,
             I
             have
             no
             knowledg
             of
             him
             ,
             nor
             of
             his
             Estate
             whether
             it
             be
             great
             or
             small
             ,
             but
             Mr.
             Williams
             knows
             very
             well
             ,
             That
             the
             Crime
             in
             Conscience
             as
             well
             as
             Law
             in
             case
             it
             had
             been
             proved
             by
             two
             Witnesses
             ,
             would
             not
             only
             have
             wrought
             a
             forfeiture
             of
             all
             his
             Estate
             ,
             but
             a
             forfeiture
             of
             his
             Life
             too
             ,
             and
             all
             his
             reputation
             ,
             would
             have
             bastardized
             his
             Children
             ,
             would
             have
             attainted
             and
             corrupted
             his
             bloud
             .
             So
             that
             there
             is
             no
             sort
             of
             imagination
             but
             that
             the
             Crime
             was
             High
             enough
             of
             Conscience
             ;
             and
             certainly
             deserves
             ,
             if
             we
             can
             impose
             it
             adequate
             to
             its
             desert
             a
             very
             great
             punishment
             .
             Mr.
             Hambden
             ,
             nor
             his
             Counsel
             can
             deny
             but
             that
             they
             had
             a
             fair
             and
             a
             full
             hearing
             ,
             They
             
             had
             the
             liberty
             to
             say
             and
             prove
             all
             that
             they
             could
             ,
             and
             you
             cannot
             but
             say
             Mr.
             Attorney
             was
             very
             fair
             in
             making
             several
             Concessions
             that
             he
             might
             very
             lawfully
             and
             rightly
             insisted
             upon
             .
             So
             that
             there
             can
             be
             no
             Exception
             of
             that
             kind
             .
             I
             am
             sorry
             That
             Mr.
             Hambden
             a
             Gentleman
             of
             good
             Quality
             as
             he
             is
             by
             Birth
             ,
             though
             he
             be
             a
             Person
             I
             never
             saw
             before
             he
             came
             here
             the
             last
             day
             of
             the
             last
             Term
             upon
             his
             
               Habeas
               Corpus
            
             that
             I
             know
             of
             .
             I
             say
             ,
             I
             am
             sorry
             one
             of
             his
             Quality
             and
             Education
             ,
             a
             studious
             Person
             as
             it
             seems
             by
             his
             own
             natural
             inclination
             ,
             and
             a
             learned
             Man
             should
             be
             so
             unhappily
             engaged
             in
             a
             design
             of
             this
             horridly
             evil
             nature
             .
             But
             on
             the
             one
             side
             as
             well
             as
             we
             must
             take
             care
             of
             the
             Subject
             ,
             so
             on
             the
             other
             we
             must
             take
             care
             of
             the
             Government
             .
             Here
             was
             a
             design
             of
             destroying
             the
             King
             ,
             and
             subverting
             the
             Government
             and
             bringing
             all
             into
             confusion
             .
             Of
             this
             Design
             the
             Defendant
             is
             convicted
             ,
             and
             we
             must
             take
             care
             to
             proportion
             the
             punishment
             ,
             and
             according
             to
             our
             Consciences
             and
             Oaths
             ,
             and
             as
             we
             ought
             to
             have
             regard
             to
             the
             Offender
             ,
             so
             also
             we
             are
             to
             have
             regard
             to
             the
             Government
             that
             he
             has
             offended
             .
          
        
         
           
             Mr.
             
               J.
               Wythens
            
             .
          
           
             Mr.
             Williams
             ,
             It
             was
             Amercements
             that
             were
             spoken
             of
             there
             in
             
               Magna
               Charta
            
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             It
             was
             never
             meant
             of
             Fines
             for
             great
             Offences
             .
          
        
         
           Then
           the
           Judges
           consulted
           together
           .
        
         
           
             Mr.
             
               J.
               Wythens
            
             .
          
           
             Mr.
             Hambden
             ,
             You
             know
             you
             are
             convicted
             of
             a
             very
             great
             Offence
             as
             great
             an
             Offence
             as
             can
             be
             I
             think
             committed
             ,
             unless
             it
             were
             High
             Treason
             .
             For
             the
             matter
             of
             it
             would
             have
             made
             you
             Guilty
             ,
             if
             there
             had
             been
             two
             Witnesses
             .
             It
             was
             for
             conspiring
             to
             levy
             War
             against
             His
             Majesty
             ,
             and
             for
             conspiring
             to
             raise
             an
             Insurrection
             and
             Rebellion
             within
             the
             Kingdom
             ,
             a
             Conspiracy
             of
             which
             some
             other
             Persons
             being
             lawfully
             convicted
             ,
             they
             have
             suffered
             death
             for
             it
             .
             You
             are
             a
             Person
             of
             an
             extraordinary
             good
             Family
             .
             and
             I
             am
             sorry
             one
             of
             your
             Family
             that
             has
             flourished
             so
             long
             and
             through
             so
             many
             Generations
             in
             great
             honour
             and
             reputation
             ,
             and
             great
             prosperity
             under
             the
             Monarchy
             of
             England
             ,
             should
             come
             to
             conspire
             to
             deprive
             that
             King
             of
             his
             Government
             ,
             whose
             Ancestors
             have
             protected
             and
             defended
             your
             Family
             ,
             and
             to
             spoil
             that
             Monarchy
             that
             has
             been
             the
             fountain
             of
             so
             much
             prosperity
             and
             honour
             to
             it
             .
             I
             am
             sorry
             it
             comes
             to
             my
             turn
             to
             pronounce
             the
             Sentence
             of
             the
             Court
             upon
             you
             ,
             Mr.
             Hambden
             .
             I
             have
             not
             any
             personal
             knowledg
             of
             you
             ,
             but
             I
             have
             heard
             of
             you
             ,
             and
             heard
             heretofore
             very
             well
             of
             you
             .
             You
             have
             had
             a
             good
             Education
             and
             the
             Report
             of
             a
             learned
             and
             ingenuous
             Person
             ,
             which
             makes
             me
             yet
             wonder
             the
             more
             that
             you
             should
             engage
             in
             such
             a
             horrid
             Design
             as
             this
             was
             .
             Indeed
             Mr.
             Hambden
             ,
             I
             am
             satisfied
             no
             Fine
             can
             be
             too
             great
             ,
             if
             any
             can
             be
             great
             enough
             for
             such
             an
             Offence
             .
             We
             cannot
             take
             cognizance
             what
             your
             Estate
             is
             ,
             't
             is
             reported
             there
             is
             a
             great
             Estate
             in
             your
             Family
             ,
             it
             has
             been
             always
             represented
             to
             be
             so
             .
          
        
         
           
             Mr.
             Hambden
             .
          
           
             I
             have
             nothing
             but
             for
             life
             ,
             and
             that
             is
             but
             little
             neither
             .
          
        
         
           
             Mr.
             
               J.
               Wythens
            
             .
          
           
             I
             know
             not
             what
             it
             is
             truly
             ,
             Sir.
             But
             it
             was
             always
             reported
             to
             me
             to
             be
             a
             very
             great
             Estate
             ,
             but
             whatsoever
             it
             is
             ,
             we
             are
             to
             look
             after
             the
             proportioning
             the
             Punishment
             as
             near
             as
             we
             can
             to
             the
             Offence
             .
             My
             Lord
             ,
             and
             the
             Court
             have
             considered
             of
             the
             matter
             ,
             and
             they
             think
             fit
             to
             give
             this
             Judgment
             upon
             you
             .
          
        
         
           They
           set
           the
           Fine
           of
           Forty
           Thousand
           Pounds
           upon
           you
           to
           be
           paid
           to
           the
           King
           ,
           and
           you
           must
           be
           committed
           till
           you
           pay
           it
           .
        
         
           
           
             L.
             C.
             J.
             
          
           
             And
             that
             you
             find
             Sureties
             for
             your
             good
             behaviour
             during
             your
             Life
             .
          
        
         
           
             Mr.
             
               Att.
               Gen.
            
             
          
           
             I
             pray
             he
             may
             be
             committed
             for
             his
             Fine
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Let
             it
             be
             so
             .
          
        
         
           
             Mr.
             Hambden
             ,
          
           
             If
             you
             will
             apply
             your self
             to
             the
             King
             ,
             you
             may
             ,
             and
             there
             perhaps
             you
             may
             find
             mercy
             ;
             we
             must
             according
             to
             the
             duty
             of
             our
             Places
             and
             Oaths
             give
             such
             Judgment
             as
             the
             Law
             requires
             .
          
        
         
           
             Mr.
             
               Just
               .
               Withins
            
             .
          
           
             Ay
             ,
             In
             God's
             Name
             .
             You
             are
             in
             the
             King's
             hands
             ,
             and
             he
             may
             do
             what
             he
             pleases
             in
             it
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             If
             a
             Crime
             of
             this
             nature
             should
             have
             a
             little
             punishment
             ,
             it
             might
             encourage
             Offenders
             ,
             and
             if
             we
             were
             to
             judg
             according
             to
             some
             Verdicts
             that
             have
             been
             given
             here
             for
             less
             Offences
             ,
             where
             Gentlemen
             have
             given
             very
             much
             greater
             damages
             than
             thi●
             Fine
             amounts
             to
             ,
             this
             would
             be
             thought
             a
             moderate
             Fine
             .
             I
             am
             sorry
             any
             Man
             should
             bring
             himself
             into
             these
             Circumstances
             :
             The
             King
             as
             he
             is
             the
             Fountain
             of
             Justice
             ,
             so
             he
             is
             also
             of
             Mercy
             ,
             and
             you
             and
             all
             the
             rest
             of
             his
             Subjects
             have
             cause
             to
             bless
             God
             that
             you
             live
             under
             a
             Monarch
             that
             is
             very
             merciful
             .
             No
             doubt
             ,
             If
             you
             give
             a
             good
             account
             of
             your
             Contrition
             and
             sorrow
             for
             your
             great
             Offence
             ,
             and
             decently
             apply
             your self
             to
             the
             King
             ,
             he
             will
             think
             of
             shewing
             mercy
             to
             you
             ;
             but
             Justice
             is
             our
             Work
             that
             are
             Judges
             ;
             and
             according
             to
             the
             methods
             of
             Justice
             we
             think
             we
             cannot
             inflict
             less
             than
             we
             have
             done
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             My
             Lord
             ,
             I
             pray
             his
             Bail
             may
             be
             discharged
             .
          
        
         
           
             L.
             C.
             J.
             
          
           
             Ay
             ,
             his
             Bail
             is
             discharged
             ,
             he
             being
             committed
             .
          
        
         
           
             Mr.
             Williams
             .
          
           
             And
             for
             the
             High
             Treason
             he
             is
             discharged
             by
             the
             
               Habeas
               Corpus
            
             Act.
             
          
        
         
           
             L.
             C.
             J.
             
          
           
             Yes
             ,
             he
             is
             so
             ,
             for
             there
             is
             no
             Prosecution
             .
          
        
         
           Then
           Mr.
           Hambden
           was
           carried
           by
           the
           Marshal
           away
           Prisoner
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A63179-e10
           
             
               Then
               the
               Dr.
               was
               sworn
               ,
               and
               the
               Oath
               repeated
               to
               him
               by
               Sir
               
                 H.
                 H.
              
               in
               French.
               
            
          
           
             
               Then
               Doctor
               Needham
               was
               sworn
               .