THE HISTORY OF THE Whiggish-Plot: Or, A brief Historical ACCOUNT OF THE Charge and Deefnce OF  

William Lord Russel  
Capt. Tho. Walcot  
John Rouse  
William Hone  
Captain Blague  
Algernoon Sidney Esq;  
Sir Sam. Barnardiston  
John Hambden, Esq;  
Laurence Braddon  
Hugh Speak, Esq;   
Together with an Account of the Proceed upon the Outlawry against James Holloway, and Sir Thomas Armstrong.  
Not Omitting any one material Passage in the whole Proceeding.  
Humbly Dedicated to his ROYAL HIGHNESS.  
LONDON, Printed by T. B. and are to be sold by Randal Taylor, near STATIONERS-HALL, MDCLXXXIV.   

To the most Illustrious and Serene PRINCE James Duke of York AND ALBANY, etc.  
May it please Your Highness,  
IT was the Design of the Author of the following Papers, a Person very faithful to the Interest of the Crown, to make an Humble Present of himself and them, to Your Highness; but being at this time under great Indisposition, I was desired to present his Duty by Proxy, and lay his Performance at Your Royal Highness' Feet. I will acknowledge to Your Highness, that I am no Friend to Epitomies, especially in Law, where the Truth and the whole Truth is so strictly required: But I look upon this to be one of the faithfullest and perfectest that ever I have seen, having carefully perused the whole, to say nothing of that Candour and Ingenuity of Temper, which makes some New Discovery of itself in every Page of the whole Work, being very far from a Design of Imposing any thing False, or Aggravating any thing beyond the naked Truth, and abounding every where with many unquestionable Strokes of a Courteous and Gentle Nature, very fit if Honestly and Wisely managed, to poise and balance these uneven Times.  
The irrefragable clearness of the Proof, added to the Conciseness of this Author's Method, will show Your Highness at once, as in a Glass, the imminent Dangers the King and You have escaped, and with You the Clergy, the Nobility, nay, the Commons themselves, who would most of them, before this time, have been Buried in Confusion, and Rolling in Blood, which as in all it ought to Create a Mortal and Vatinian Hatred of those Horrid Principles, by which the Enemies of this Church and Monarchy are Acted, and of those Barbarous, though Natural Conclusions that issue from them; so more particularly in Your Royal Highness, there is no doubt, but the Reflection upon such Villainy as this, will inflame so Generous and so Loyal an Heart with an ardent Affection for that Church, which long and sad Experience hath told us, is to be the only true Prop and Supporter of the Crown.  
That God would Guide Your Royal Highness by his Council, and after a long and fortunate Old Age, receive You into Glory, is the Humble and Affectionate Prayer of,  
May it please your Royal Highness, Your Royal Highnesses most Humble, Dutiful and Obedient Servant, JOHN TURNER.   

THE HISTORY OF THE Whiggish-PLOT.  
UPON the Discovery of the late Hellish Conspiracy, which was made by Mr. Keeling upon the Twelfth of June, in the Year, 1683. as will at large appear upon his Evidence against Captain Walcot, His Majesty set forth two Proclamations, the one bearing 
Proclamations issued out against the Conspirators.  Date the 23d. and the other the 28th. of the same Month; The first for the Discovery and Apprehension of Colonel John Rumsey, Richard Rumbold, Richard Nelthorpe Esq; Nathaniel Wade, Gent. Richard Goodenough, Captain Walcot, William Thompson, James Burton, and William Hone, a Joiner: The latter for the Apprehending of James Duke of Monmouth, Ford 
The Names of the Conspirators.  Lord Grey, who being Apprehended, made hi● Escape out of the Hands of the Sergeant at Arms; Sir Thoma● Armstrong, and Robert Ferguson, who was the Common Agitatour, entrusted by all Parties in the several Conspiracies. Besides all these, several others were soon detected, as the Lord Melvin, Sir John Couchrane, Francis Goodenough, William Rumbold, Joseph Elby, Samuel Gibbs, Francis Charleton, Joseph Tyley,— Casteers,— Lob, both Nonconformist Ministers, Edward Norton, John Row, John Aytoss and John Atherton; Several of which having notice of Warrants issued out for their Apprehension, fled from Justice. Nevertheless, they did not all escape; For of superior Quality were taken the Lord Russel, the Lord Howard of Escrich, Colonel Sidney, Mr. Hamden, Jun. and the Earl of Essex, who 
The Earl of Essex kills himself.  being Committed to the Tower for High Treason, killed himself: Of meaner Quality were Apprehended, Mr. West, Colonel Rumsey, Captain Walcot, and Hone the Joiner, and of these the 
Mean persons taken.  Lord Howard, Colonel Rumsey, and Mr. West, were reserved to give Evidence against the Others, whose Charges and Defences, together with their Confessions, complete the Body of this History. Besides these, also were Apprehended the Lord Brandon, Mr. Booth, Mr. Charleton, Mr. Wildman, and Mr. Trench●rd, and sent to the Tower, who at the beginning of the following Term, were admitted to give Bail for their Appearance the first Day of the next Term ensuing.  
Upon the 27th. of July came forth His Majesty's Declaration, concerning the Treasonable Conspiracy against His Person and Government, giving an Account of the Principal and Main Designs of it, which appeared to be in short as follows:  
About the beginning of October, 1682. when the Heads of the Faction saw the Magistracy of London settled in Persons of Loyal Principles, they fell immediately to Consult about Rising in Arms; for which some thought their Party so well prepared, that they could not fail of attaining their Ends, when they should break out into Open Force.  
Upon which some of the Principal Conspirators met, to agree 
They Consult to Master the Guards, and seize the King's Person, but lay that Design aside till they had settled a Correspondence to know their strength.  about the best way to Master the Guards, and Seize His Majesty's Person; but upon deep Consideration, finding it necessary to prepare their Friends in the several Counties and the Disaffected Party in Scotland to join with them, without which any Attempts in the City upon the Guards seemed to be too rash, they laid aside the Thoughts of a Present Rising, and disposed themselves to find the safest way by Correspondence, how far they might be assisted by a General Insurrection, so that in all Humane Probability they might not fail of success  
While these Designs were forming, some Villains were carrying 
The Assassination of the K. and D. of York Designed.  on that Execrable Plot of Assassinating His Majesty's Person, and His Royal Highness, in their coming from New Market, to which purpose Money was deposited; but were prevented by the shortness of Time, and Necessary Preparations.  
Thereupon they Consulted about Attempting the same Villainy 
A second design in March at His Majesty's going to Newmarket.  again at His Majesty's next going to Newmarket in March was a Twelvemonth. But fearing the strength of the Guards that are usually left behind after the King's Departure, and because they were not then neither sufficiently ready, they agreed to do it at his Return from New Market.  
The Plate appointed was Rumbold's House, called The Rye, near 
The place appointed, was Rumbolds House▪ called, The Rye.  Hoddesdon; where it was so contrived, That Forty Persons under the Command of Rumbold, should hid themselves in or near the House, and when the King's Coach should come over-against them, then to kill the Postilion and Horses by Discharging three or four Blunderb●sses, and if they failed others were to be ready in the way in Labourers Habit to turn a Cart in the Road to stop the Coach, while some Shot into the Coach that carried His Majesty, and His Royal Highness, and others Fired upon the Guards. It 
Several Ld●. and great Persons to be invited into the City to Dianer, to appear among the people upon arrival of the News.  was also farther concluded, That the same Day several Lords, and other Persons of Quality, should be Invited into the City to Dinner, to be ready to appear among the Citizens' upon the arrival of the News. For the Actors had for their escape contrived a nearer Passage than the usual Road, in hopes to get to London before, or as soon, as the News could be carried thither.  
To palliate the Blackness of such an Action as far as they could, they had prepared a Remonstrance, which was ready to be dispersed among the People in that Confusion, and to prevent any stop to be put to their Career by the Magistrates and Officers of the 
The Mayor and Sheriffs, etc. to be Massacre.  City, they had designed for immediate slaughter, the Lord Mayor, the Sheriffs, and the most Eminent for their Loyalty.  
But the sudden Fire at New Market, defeated these bloody Counsels, necessitating his Majesties Return from thence before he had intended.  
Nor did these disappointments discourage those Villains from proposing and hoping some more convenient Opportunities to prosecute their Impious Design, either between Windsor and Hampton-Court, in his Journey to Winchester, or as he went in his Barge by Water, or at the Bull Feast, which was to be in Red Lion Fields, 
Arms ready upon all occasions.   
To which purpose they had always lying ready a certain number of Arms upon all occasions that should offer. And for the more easy drawing their party together, at the time of Execution, they had divided the City into twenty Parts, from every one of which they expected five hundred Men, to Embody upon the first Onset, having in every one their distinct Agitators, to take care of that particular Affair, to Head which Parties there were a Hundred Old Officers that had been engaged in the 
A Hundred old Officers of the late Rebellion concealed in the Town to command the raised Men.  late Rebellion, who la● close in ●own till the Discovery was made.  
On the other hand, the Chief Conspirators were driving on for the General Insurrection, which was to be in both Kingdoms; wh●ch the Earl of Shaftsbury would have had before the seventeenth of November, or else upon that day at farthest; but finding they would not adventure without farther Preparation, conveyed himself secretly into Holland, to avoid the danger of being discovered.  
Upon his withdrawing, a new Council of six Persons were to 
A Council of six erected to carry on the Insurrection, and Scotch Correspondency.  have had the chief Management of Affairs, in order to the designed General Insurrection and Scotch Correspondence: To which purpose a Person was by them sent into Scotland, to invite the Heads of the disaffected Party in that Kingdom to come into this, under a specious pretence of purchasing in Carolina, to consult the surest means for carrying on the Confederacy jointly in both Kingdoms. Thereupon Archibald Campbel late Earl of Argile, as 
Argile treated with, he accepts of ten thousand 1. to buy Arms in Holland.  being already Attainted of Treason, was treated with, who accepted of ten Thousand Pounds to be paid for buying Arms in Holland, and making Provisions for a Rebellion in Scotland.  
In the same Council of Six they had debated, and at length concluded that the Rising should be in all Parts at the same time, lest the City being defended by its own Militia, the Guards might have leisure to be sent to suppress the Country Insurrections.  
This was the Sum of this most Horrid and Execrable Design, by Providence so often disappointed, and at length when it was fully Ripe, mowed down by the clear Discoveries of Heaven's overruling Power.  
And this it was which his Majesty thought fit to make known to all his loving Subjects, that they being sensible of the Mercy of God in so great a Deliverance, might the more cheerfully and devoutly join with their Sovereign, in returning solemn Thanks to the Preserver of Kings for the same.  
To which end His Majesty was pleased to appoint the 9th. of 
The 9th. of September appointed for a solemn Thanksgiving day, and the Declaration then to be publicly Read.  September, 1683. for a general day of Thanksgiving over all England and Wales, and that his Declaration should be publicly read in all Churches and Chapples, as well upon Sunday the Second of September, as upon the Thanksgiving day itself.  
As the Terror and Dismay was not to be imagined, which had seized the minds of all good Men, out of an Apprehension of the frightful dangers, so near the Persons of His Majesty and His Royal Highness, so there was nothing could be greater to exceed it, than their General joy to find by the Discovery, those dismal Clouds of Treason dispersed that threatened the Ruin of their Prince and Country, which produced Addresses from all parts of the Kingdom, acknowledging the sacred Preservations of Heaven, and Congratulating the Happy Deliverance of their Sovereign and His Royal Brother.  
The first Address was from the Lord Mayor, aldermans and Commen-Council of the City of London.  
That whereas they had received with Astonishment the Discovery 
The City Address to his Majesty upon Discovery of the Plot.  of a most Traitorous and Horrid Conspiracy of divers Illaffected and Desperate Persons, to compass the Death and Destruction of His Royal Person, and His Dearest Brother James Duke of York, to which purpose they had held several Treasonable Consultations to Levy Men and make an Insurrection, and made Provision of Arms. A Design immediately tending to the Destruction not only of all His Majesty's best Subjects, but of His Majesty's Sacred Person, the best of Princes, and to involve this and future Generations in Confusion, Blood and Misery, carried on, notwithstanding under specious Pretences, by known Dissenting Conventiclers and Atheistical Persons.  
Therefore in the first place, having offered up their Solemn Thanks to Almighty God for his watchful Providence, in bringing to Light that Impious and Execrable Machination.  
They did in the next place offer to His Majesty, the deep Resentment of their Loyal Hearts concerning the same; beseeching his Majesty to rest fully assured, that as no Interest in the World was valuable to them, in Comparison of His Majesty's Service and Safety, so they were determined readily to expose their Lives and Fortunes in defence of His Majesty's Person, His Heirs and Successors, and His Government, as established in Church and State, and particularly for the Discovering, Defeating and 
Addresses to the same purpose from all parts of England, etc.  Destroying all such Confederacies, Associations and Attempts whatsoever.  
London having thus led the Van, was seconded by Addresses of the same Nature, varying only in Style and Words, but altogether the same in sense, not only from all Parts of England and Wales, but out of Ireland and several of his Majesty's distant Plantations; so that the Plot, instead of doing the Harm which it intended, did but rather serve to winnow and separate the Tares and Darnel from the Wheat, to show the Rancour and Malice of some few Malcontents, but the universal Loyalty of Multitudes, to open the Eyes of the Deluded, and to rivet his Majesty deeper into the Hearts and Affections of his Subjects.   

THE HISTORY OF THE Charge and Defence OF Captain T. Walcott.  
THE First of the Confederates whom Justice called to an account from this Bold-Conspiracy was Captain Thomas 
Captain Waicott brought to his Trial.  Walcott, who was tried at the Old Bailie Sessions, upon the 12. of July, 1683. He was Indicted for compassing and conspiring the Death of the King, the Subversion 
His Charge.  of his Government, and for endeavouring and intending to raise a Rebellion and general Insurrection in the Kingdom, to which he pleaded not Guilty.  
After some Exceptions the following Jury was Sworn.  

Nicholas Charleton  
Christoph●r Pitts  
Robert Bedingfield  
John Pelling  
William Winbury  
Thomas Seaton  
William Rutland.  
Thomas Short.  
Th●ophilus Man  
John Genew  
John Short.  
Thomas Nicholas.   
This being done and the indictment opened by the King's Council and the Attorney General; Colonel Rumsey was called and 
Rumsey gives his Evidence.  sworn, and first ordered to give an Account of any Rising that he had heard of; who thereupon declared, that about the end of October, or beginning of November, he was with the Lord Shaftsbury late at Night, who told him, that the Duke of Monmouth, the Lord Russel, the Lord Grey, and Sir Thomas Armstrong were at one Mr, Shepherd's House near Lumb●rd-Street, and therefore desired me to go and know what they had done about raising Arms a● Taunton, upon which he went, and being carried up by Mr. Shepherd, he received for answer, that Mr. Trenchard had failed them about the men, and they could proceed no farther at that time, and therefore he must be contented, that he went 
The Lord Shaftsbury p●●pares for Holland.  to the Lord Shaftsbury and told him what they said: who thereupon prepared to be gone for Holland.  
Being asked what Discourse he had thereupon with the Lord Shaftsbury, and what made him believe he made Preparation to be gone? He Answered, That my Lord should say, Th●re was no Dependence upon those Gentlemen that met, and therefore he would leave England. Then proceeding in his Evidence, he declared, That about a fortnight or three-weeks afterwards, there was a Meeting at Mr. West's Chamber, where was Mr. West, 
A Meeting at Mr. West his Chamber.  Mr. Goodenough, and Mr. Wade together, with somebody else, whose Name he did not remember, for Captain Walcot was then in Holland. That there it was proposed, That nothing was to be done by a General Rising, but that there was no surer way then to take of the King and the Duke, which they could 
Mr. Ferguson sent for out of Holland for that purpose.  not carry on neither, without Mr. Ferguson; whereupon he was writ for into Holland, and that he came out of Holland upon that Letter, and Captain Walcot with him. That after Mr. Ferguson's coming back out of Holland, there was very suddenly a Meeting again, and then it was concluded, That nothing was to be effected without taking off the King and the Duke, or to that purpose, but that Mr. Ferguson was not at that Meeting. There were two or three Meetings before Captain Walcot was there, to find out Men, and they could not find out Men, without which Mr. Rumbold would not undertake it; But that about three or four Meetings after, Captain Walcot came, and was resolved at 
Cap●. Walcot undertakes to Fight the Guards, but refuses to seize the King.  last to join in the Matter, but that he would not have a hand in attacking the Coach, only he would command a Party that should Charge the Guards.  
Being asked after what manner it was settled that it should be done? He Answered, That there were several Parties; one small Party was to have Killed the Postilion, another to Kill the Horses, Mr. Rumbold with another Party to seize the Coach, and Captain Walcot the Guards.  
Being asked where it was to be done? He said, at Mr. Rumbold's House near Hodd●sdon.  
Being asked for what purpose Mr. Rumbold, and those other Men were to attack the Coach? He made Answer, To Murder the King and the Duke.  
Being asked how it was Designed to be done? He Replied, By Blunderbusses, and if they missed, by Swords.  
Being asked when this was to be done? He made Answer, When the King was last at Newmarket, the Saturday before Easter.  
Being asked about what time this Resolution was taken? He Answered, In February last; Mr. Ferguson, and Mr. Walcot coming to Town upon Ash-Wednesday, and then was the first Meeting that the Prisoner at the Bar came in, which was at Mr. West's Chamber, before the King came from Newmarket; So that there were several Meetings afterwards at Mr. West's Chamber, to Consult whether they could raise the Number they insisted upon. The Witness then added, That there were Notes brought by Mr. Goodenough, and Mr. Rumbold, of many Names, to see that they might not be deceived in the Number: and that at that time Captain Walcot was there, and did undertake to go to Mr. Rumbold's House, and as he thought did go down to the very Place.  
Being asked whether there was any Number of Men insisted upon for doing the Villainy? He Answered, That Rumbo●d 
Rumbold desires 50 Men.  insisted upon Fifty Men, but that Captain Walcot had no perfect Number allotted him.  
Being asked the Reason why this was not effected when the 
The Assassination prevented by the Fire, the King returning so●ner then expected.  King returned from Newmarket? The Witness Answered, Because the Fire happened, which brought the King sooner home from Newmarket then the Men could be got ready: for that the King returned upon Tu●sday, whereas he was not expected till Saturday.  
That upon Intelligence of the Fire, and that the King would return upon Tuesday, Mr. Ferguson, who then Lodged in Covent-Garden, sent to several to come to him, to see if Men could be got ready by Tuesday, but it could not be done, and so it was laid aside for that time. That after this Disappointment, Mr. West, Mr. Goodenough, and Captain Walcot, had a Meeting, were it was Resolved, That no Accident afterwards might hinder the Attempt to buy Arms, Mr. F●rguson undertaking to provide Money, and 
Arms resolved to be bought Ferguson undertakes for Money, West to provide the Arms and Rumbold and Goodenough to procure Men.  Mr. West undertaking to procure the Arms for the Men, Mr. Rumbold, and Mr. Goodenough undertook to provide them.  
Being asked whether they had any farther Design upon the King after this Disappointment? The Evidence made Answer, That it was to be done coming from Windsor to London, or from Windsor to Hampton Court, or at the Playhouse, therefore that Arms might be ready against any Opportunity that should happen, let it be what it would: Mr. West undertook to buy the Arms, and did buy them, as he told the Witnesses, but did not get his Money in five or six Weeks, and then that Mr. F●rguson paid.  
Being asked what other Meetings he was at with Captain Walcot? He Replied, At the Salutation in Lumbard-Stre●t, and the Green-Dragon on Snow-Hill; where the business in Discourse was, about dividing the City into twenty parts, to see how many could be raised out of every part, which were again to be subdivided into Fifteenths, and every Man to lead a Fifteenth, that they might not be at a loss. That Mr. Goodenough gave an Account of seven parts of the twenty; out of which, he said there would be raised two Thousand Men, but that the other Fifteen would not raise as many more, the other being the most considerable parts, as Wapping and Southwark. That by Virtue of this Division, the general Rising was intended to be ready against the first Opportunity that happened.  
Being asked where was the last time they not befor● the Discovery? He made Answer, That it was as he thought, the very Th●rsday before the Discovery, at the Salutation in , where was Captain Walcot, Mr. West, Mr. Wade, the two Goodenoughs, Mr. Nelthorp, and the Witness himself; where the Resolution continued still to carry on the Business. But that the particular Occasion of their Meeting, was to know of Mr. Goodenough, what was done about the other Thirteen Parts, to which he made Answer, That he had no Account, but thought he should have a Meeting on Saturday in the Afternoon, at the George upon Ludgate-Hill, to have his Answer: But the Discovery coming, there only met Mr. Norton, Mr. Bourn, and a fourth Person, whose Name the Witness did not remember.  
That upon the Monday after the Discovery they met at Captian 
A Meeting after the Discovery.  Traci●s, viz. Captain Walcot, Nr. West, Mr. Wade, Mr. Nelthorp, the two Goodenoughs, and Mr. Ferguson, where there was nothing done, but only Exclamations against Mr. Keeling, and taking 
Mr. Keeling Exclaimed against, and Resolutions taken to retire.  Resolutions to be gone.  
Being asked whether he ever was in Mr. Keelings Company? He Answered, That at the time they met at the Salutation Tavern, he came in there for a quarter of an Hour, by the same token, That there being a Report of a Rising at Coleign, headed by one Gulic, Mr. West told him, That he should be our Gulick, saying, That Gulick and Keeling were all one: for that Gum was Kee, and Lick was Ing.  
Captain Walcot being then admitted to ask the Witness any Questions, desired the Court to ask, whether ever he met at Mr. West's Chamber, till after the King's return from Newmarket? To which Colonel Rumsey replied in the Affirmative, and Sir George Jefferies made this Remark upon it, That he was to have undertaken the Guards, which was before the King returned from Newmarket.  
The Witness also added one Instance more, That there was a Meeting at the Five Bells in the Strand, where was only West, Ferguson, Rumbold, Goodenough, and the Witness, and then Mr. Ferguson told them, That Mr. Walcot would come the next Meeting they had at Mr. West's Chambers, and that he came accordingly, which was while the King was at Newmarket, and consequently before his return.  
Here Captain Walcot would have begun his Defence, but the Court told him he was not to break in upon the King's Evidence, till that were all heard, and so he Desisted.  
Then Mr. Keeling being called and Sworn, was desired to tell 
Mr. Keeling Sworn.  the Court and the Ju●y, what he knew of the Conspiracy, and the Prisoner at the Bar; who gave in Evidence, That sometime before the King went to Newmarket, he was at the Sun-Tavern with Richard Rumbold, Richard Goodenough, and some others: At what time Goodenough called him forth, and asked him what Men he had procured? That the W●tness asked him for what purpose? who Answered, To go down to Newmarket. That the Witness 
Goodenough asked him what Men he had got to Kill the King.  asked him again for what end? who Answered, To Kill the King, and the Duke of York: And then the Witness Replied, That he thought none. That before the King came from Newmarket, the said Goodenough renewed the same Question to the Witness, who in the mean time had discoursed Burton and Thomson, and that Burton told him, That Barber and Thomson would be concerned. That upon the Friday, which was the Day that the News 
Rumbold comes to him to see the Men.  came of the Fire, Mr. Rumbold came to the Witness's House, to see what Men he could procure, and desired to see them on the Morrow, which was the Saturday before the King returned. That the next Day he met Mr. Rumb●ld upon the Exchange, who then put him again in mind of the business; That thereupon he went to Burton, Thompson, and Barber, who met with Mr. Rumbold the same Day at the Miter-Tavern near Dukes-Place; where the substance of the Discourse was, Whether they were willing to go down to his House, called The Rye; the said Rumbold alleging, That there was no greater Conveniency than that, scarce in England, for the Executing such a Design, being a House very entire to itself, and remote from Neighbours, besides the advantage of a Court-Wall. That among other Discourse, this was an Argument to prevail with those Persons; That it would be a keeping 
Rumbold's Argument to persuade Burton. etc. to the undertaking.  one of the Commandments, to Kill the King and the Duke of York, in regard that unless that were done, there would be a great deal of Bloodshed committed. That he there also told the way how he had Designed to effect it at his House. That he had a Conveniency 
The Method to Beard.  for their Horses, and that there would be so many appointed to Shoot the Postilion, and their Horses: that there would be so many appointed at the Coach, and so many to attack the Guards. That if there was a failer in Shooting the Coach-Horses, that then there should be Men in the Habit of Countrymen, with a Cart in the Lane, and that they should run the Cart a thwart the Lan●, and so stop the Coach. That from thence they went to the Exchange, and in the Afternoon met at the Dolvin-Tavern in Bartholomew-Lane with Rumbold, West, Goodenough, and Hone the Jorner. That after they had been there a little while, West asked R●mbold, Whether he heard the King would come home that Night? who answered, Yes, he heard so: to which West Replied, That he believed he would not come home till Monday, and hoped he would not return till Saturday, which was the Day appointed to go down to the Rye, to meet the King and the Duke of York.; to which Rumbold returned, That he hoped they would not come back till them. But that then, said West, if they do come, How many Swans Quills must you have? How many Goose Quills? And how many Crows Quills with Sand and Ink? To which they Answered, Six Swans Quills, Twenty Goose Quills, and Twenty or Thirty Crows Quills, That he asked West or Rumbold, or both, What they intended by it? Who told him, That Swans Quills were Blunderbusses, Goose Quills Muskets, Crows Quills Pistols, and Sand and Ink Powder and Bullets. Which was all he could say, as to the Design in General.  
Being asked what he could say as to the Prisoner at the Bar? He Answered, That he was at the Salutation Tavern, at what time Captain Walcot was there. That when he came in, somebody called him Gulick, which when he was not a little startled at, some one of the Company cried, Here's a Health to our English Gulick; Upon which Mr. West said, That Gulick in Dutch, was the same as Keeling in English. Adding farther, That he hoped to see Mr. Keeling at the Head of as good an Army at Waping, as Gulick was at Collen; Which was all he could say to the Prisoner at the Bar.  
Here the Prisoner asked the Witnesses whether he called him Gulick? which the Witness denied, but affirmed that he was by at the same time.  
Being asked upon what Motives he made the Discovery? He 
The Motives that induced him to make the Discovery.  made Answer, That sometime before the Thing was Discovered, Goodenough came to his House, and that he went to Drink a Dish of Coffee with him, in the Company of Richard Rumbold, and his Brother William, which he believed Mr. Walcot knew. That when they were by themselves, Mr. Goodenough pulled out some Papers out of his Pocket, and gave him one for himself. That the Witness asked him what he meant? to which the other replied, 
Proof of the Cities being divided into twenty parts.  That he had divided the City and Suburbs into twenty p●rts, and that there was three Divisions, adding withal, That I knew the Persons better than he did, and who to trust. Therefore he said, That one was for myself, and that he would have me take to my assistance Nine or Ten Men, whom I knew to be true: and that then we were to go to several Persons, and ask them, Supposing the Papists should Rise, or there should be a General Insurrection, or a French Invasion, Are you in a Posture of Defence? That at the same time the said Goodenough told the 
Goodenough discloses to him the Design of Killing the King.  W●tn●ss, That there was a Design to Kill the King, and the Duke of York, which was Designed to be at the Bull-Feast, and that then those Men were to be in a readiness, it being Designed, That the Thing should be laid upon the Papists, as a Branch of the Popish-Plot. That there was also a Declaration drawing, 
A Declaration to be drawn upon the Grievance of Chimney-Mony, to inv●aglethe common People.  which would relieve Poor People of that which seemed most burdensome to them, which was Chimney Money, and that then the Common People would fall in with them the more readily. That after he heard these things, he was very much troubled in mind about them, and Declared, That that was the only Reason of his Discovery. That he thought he did very ill in not Discovering, in Regard he had no Peace nor Satisfaction, nor Content, nor could mind his Business, nor could take that Rest which at other times he did, which was the moving Cause, and no other. For he thought, if it were a Sin in David to cut off the Him of saul's Garment, it was much more a Sin in him to Kill the King.  
Being asked whither there were any Post assigned him, and what was required of him to do? He made Answer, That he was in the first place to Raise some Men; that he thought they looked upon him as one that was to go down with the Men he had raised; but he did not remember the Question was asked him.  
Being asked to whom he made his Discovery? He Replied, That he offered it first to a Minister of the Church of England, whom he thought too careless, and therefore went to Mr. Peckham; That from thence he went to the Lord of Dartmouth, and from thence was carried to Mr. Secretary Jenkins.  
Being asked whether there were no Design to take off the Major, 
Goodenough tells him of the Design to secu●e the Major and Sheriffs, and secure the Tower. He Arrested the Lord Mayor, as a Special Bailiff to the Coroner. Zacharius' Bou●n● giving Evidence.  and the Sheriffs? He Answered, That as he was told by Mr. Goodenough, there was a Design to secure the Lord Mayor and the Sheriffs, as also to secure the Tower. And being asked about Arresting the Lord Mayor? He Answered, That he did Arrest the Lord Mayor, and did it as a Special Baliff under the Coroner, being put upon it by Goodenough.  
Here Captain Walcot being asked by the Court what he had to say? made Answer, He had nothing to say:  
The next Witness Sworn was Zacbarius Bourne, who being Sworn, Deposed, That he came acquainted with Captain Walcot by means of Mr. Ferguson, that Lodged at his House. That Mr. Wade came to him, and told him, He must needs meet at the Green-Dragon upon Snow-Hill, where Captain Walcot was with several others, and that the business was a Design to raise Men, and d●vide the City into twenty Divisions, in order to the securing His Majesty, and the Duke of York, and setting up the Duke of Mon●o●th; and that as he thought, Captain Walcot was there every time. That he was once at the Salutation in , where it was pressed, That all Expedition imaginable should be 
Expedition pre●a'd at the Salutation-Tavorn.  made for the Raising of Men out of the twenty Divisions, into which the City was to be divided; but that the Agitators were not to tell their business, but only under a pretence to know their Strength if there should be Occasion, or if the Papists should Rise. That Mr. Goodenough brought an Account of between three and four Thousand Men, out of those Divisions he had in Charge, at what time Captain Walcot was there, as also when the Discourse of securing the King and the Duke was a Foot.  
That Captain Walcot was at three of the Consults, where it 
Walcot at three Consults to seize the Lord Mayor, etc.  was Designed to seize the Lord Mayor, the Sheriffs, some of the Aldermen, and the Chief Ministers of State about the Town. That Mr. West told him, It should be his business to secure the Lord Keeper, whom he would call to an Account with all his Heart, and put him in mind of College. But the Evidence told him, That he did not ca●e to meddle with any of his Neighbours.  
Being asked whether he were employed to speak with any of 
Mr. West unwilling he should speak to any Ministers, as Destroyer's of all Designs.  the Nonconformist Ministers? He Answered, He would have spoken to two, but that Mr. West was unwilling, saying, The Ministers had destroyed all Designs ever since Constantine's Time. He further added, That upon the Monday after the Discovery they met at Colonel Tracies, viz. Captain Walcot, Mr. Ferguson, Mr. Goodenough, Mr. West, Mr. Norton, and the Witness, and Colonel Rumsey; where he left them Debating about kill Mr. 
Keeling to be Killed for Discovering.  K●elling, because he had made the Discovery. That there was also some Discourse of standing to it with their Swords in their Hands, which they said was the better way, then to be Hanged.  
Here Captain Walcot desired that the Witness might be asked whether he ever heard him say any thing more or less of Assassinating the King.  
To which the Witness answered that he did never hear him discourse of that Matter; but that he had several times heard a discourse of Lopping, by which was meant, Taking off the King and the Duke, and supposed that the Captain had been at the hearing of it too, as being the Discourse of several Meetings.  
To all which Captain Walcot made answer, that he had no hand in any Design of securing the King.  
Then was Mr. West called, who being sworn, was ordered 
Mr. West Sworn.  to tell the Court and the Jury the whole Story.  
Thereupon he deposed as follows.  
That he came acquainted with the Prisoner at the Bar the last 
He came acquainted with the Prisoner by the means of Captain Walcot.  Summer Vacation, by the means of one Mr. Wilcox, who returned his Money out of Ireland.  
That the fair Characters they heard of one another, inclined them to Intimacy and Freedom of Discourse.  
That about the middle of October he observed a General Discontent in the City, and was afraid there was some design in hand, and being Inquisitive to know what it was, he thought fit to inquire of Captain Walcot, being informed, That the Earl of Shaftsbury had sent for him out of Ireland. That thereupon Captain Walcot told him, That the Earl of Shaftsbury was likewise sending for some Scotch Gentlemen, under a pretence of business in Carolina. That one Morning Captain Walcot came to his Chamber, and Discoursed with him, concerning the Election 
Walcot discourses Mr. West at his Chamber.  of the Sheriffs, carried on as was thought contrary to Justice. That thereupon he put the Question, Whether the People would do nothing to secure themselves? That then the Captain told him a Secret, That there was a Design of an Insurrection, within three Weeks or a Month, that would set us all free, or worse. That the Lord of Shaftsbury was engaged in such a Design, and had engaged him in it, and asked him, Whether he would take a Command? That at the same time the Captain told him, to the best of his Remembrance, That the Earl of Shaftsbury had another 
The Earl of Shaftsbury designs the Assassination as the King came from Newmarket.  Design upon the King and the Duke as they came from Newmarket in October; but that he abhorred any such thing, as being ungenerous, and would not be concerned but only in a General Insurrection. That in the Discourse of the Insurrection, the Captain desired the Witness to lend him a Suit of Silk Armour, which the Witness had bought some Years before, and to bespeak him a stiff Tuck, which he did, but that the Plot being Discovered, the Tuck was left upon his Hands; and that this was about the Ninth of November.  
That after this he understood by Captain Walcot, that Mr. 
Mr. Ferguson manages the Assassinattion, and the Insurrection.  Ferguson had the management of the Assassination in October, and that he was likewise acquainted with the Insurrection, and was a great Man in it. That among many ways proposed of killing the King and the Duke, Captain Walcot told him, That one was Designed at the Lord Mayor's Feast in the Hall, or upon their return home in Paul's Churchyard, or at Ludgate, but that the King not Dining there, the thing was wholly disappointed, and that Mr. Ferguson told him the same thing. Then Mr. Ferguson proposed another way, That it should be done, as the King and Duke went down the River, by Persons that were to lie behind some small Ships in a Hoy, and so overrun their Barges, or if that failed, to break a Plank with their Blunderbusses, and so sink them. Another way was, At the Playhouse, where Forty or Fifty Men were to get into the Pitt, which had Blunderbusses, Pistols, and Swords, and when the Music struck up between the Acts, should Fire upon the Box. But that this way seeming Hazardous, they thought it better to do it as he came back, and pitched upon Covent-Garden, under Bedford-wall, in regard there was a Conveniency for a great many Men to Walk in the Piazza, and another parcel of Men might be planted in Covent-Garden-Church-Po●ch, and within the Rails, where Horses could not come, and that while the Men within the Rails Fired, Men in the Piazza might engage the Guards, while they in the Porch came down and prevented them from escaping. And that all this was before Mr. Ferguson went for Holland.  
That afterwards there was another way propounded, and as he thought it was Colonel Rumsey who said, that he wondered Lords and Great men who were so fond of the thing, did not buy somebody an Office, who should rail against the Duke of Monmouth and the whigs, and by that means get an Opportunity of Access to the King's Person. That after the Lord Shaftsbury retired into Holland, Mr. Ferguson did so too, and Captain Walcot 
Ferguson flies into Holland.  went with him. That in the mean time the Witness met Colonel Rumsey several times; and that several things were offered, but nothing resolved upon. That a little after Christmas there was a meeting at the Salutation in Lombard Street, where it was agreed that Mr. Ferguson should be sent for, to which purpose the Witness wrote a Canting Letter to him, that he should come over for his Health, for that He was the only man that could manage the Affair. That after his coming over, there were several Meetings at the Witnesses Chamber, where Mr. Ferguson, 
He returns and me●ts at Mr. west's Chamber,  Mr Rumbold and Mr. Goodenough undertook to provide Men for the Assassination.  
That the Assassination was agreed to be done, either upon the going to, or returning back of the King from Newmarket. Upon which arose several Debates. That against doing it, upon 
Several debates, when to execute the design.  going down; it was objected, that the Guards were left here and there, and they went together, but very often they returned apart, and therefore it was not the safest way going down; and besides nothing else being prepared, it was resolved to be done coming back. That then it was considered what Arms were to be provided, which matter Mr. Rumbold undertook to manage and to procure some Blunderblusses, some Carbines and some Pistols, but as for other persons, they were to provide every one for himself. The Witness further added, that he asked Mr. Ferguson what provision of Money he had made, who answered that he should have Money when the Men were provided. That there were several debates about the manner of Conveyance of the Arms to Rumbolds House, but no Resolution taken. Then it was considered how they should put the Design in Execution, upon which it was proposed, That one party was to fall upon the Coach-Horses, a second upon the Coach, and a third upon the Guards, and that for Captain Walcot he would undertake nothing but the Guards. 
Capt. Walcot would undertake nothing but the Guards.   
Here Captain Walcot interrupted the Witness with an Interrogatory, calling out, what do you say Sir? to which the King's Evidence made answer with an Affirmative, that the Prisoner at the Bar was at his Chamber, and said that he was to command the Party of Horse that were to attack the Guards, who were to lie perdue at Rumbolds House, till the King just came down upon them.  
Being asked where the Arms were to be carried? He said to Rumbolds House, who said he could keep them all private where no body could see them till the time of Execution; that there was a Gate which he could shut upon the Guards to prevent their coming into the Rescue, that Mr. Rumbold said he would bring them off, and because it was dangerous for them to go the road way, he would carry them over the Meadows, and come in by Hackney Marsh.  
But the way which the Prisoner at the Bar did most approve 
Walcot's way to get off when the business was done.  of, was to retire within the Wall, and there keep close till night, as being a place which they could defend against any force for a days time; and that this Resolution was taken at his Chamber.  
Then the Witness recollecting himself, told the Court, there was one thing which he had omitted, which was that in the first Discourse with Captain Walcot concerning the Insurrection in November, the Prisoner at the Bar told him, that the Lord Shaftsbury was preparing a Declaration to be published, in case of an Assassination or Insurrection, and asked him if he would undertake to draw one, telling him, that he had made some Collect●ons toward it himself, and shown him a Paper which was a Collection of all the Passages in the Reigns of King James, K. Charles the First and this King, which he called Attempts to introduce Arbitrary Government and Popery, taxing them with some personal Vices, and concluding that the Government was Dissolved, and that therefore they were free to se●●le another, to which the Witness made answer, that such an Untertaking required 
Mr. West refuses to draw a Declaration.  an exact Knowledge in History, and that he would not undertake a thing for which he was not Competent, and that hereupon Captain Walcot desired him to burn the Paper which he did.  
Being asked what Meetings there were after the disappointment? He answered, that when the News of the Fire came, they Adjourned to his Chamber and there considered what they had to do, and endeavoured to put things in a posture to see if it could be done another day. To which purpose as far as he could remember, they met Thursday and Friday Night. But because they said the King would be at home the next day, the business was laid aside.  
That about a day or two after he met Colonel Rumsey at the 
The reason why the Arms were called Swans-Quills, etc.  Dolphin Tavern, at what time Mr. Keeling came in; that there Colonel Rumsey was talking of Pistols and Blunderbusses in down right English. That thereupon the Witness admonished them, that it was a foolish thing to talk so before Drawers, which was the occasion of calling them by the Names of Swans-quills, Goose-quills and Crows-quills. That the next week the Prisoner at the Bar Mr. Goodenough Mr. Ferguson, one N●rton, and one Ayliff met at the George and Vulture; where, after some discourse of the late Disappointment, the reason of which was that they had not Arms in Readiness, they agreed that Arms should be bought, ten Blunderbusses Twenty or two and Twenty Inches in the Ba●rel, Thirty Carbines Eighteen Inches, and Thirty Cases of Pistols of Fourteen Inches. That the Witness was ordered to provide these Arms, because he could be no other way serviceable to them, and could have a pretence for buying them, because he had a Plantation in America. That he did bespeak the said Arms and pay for them, but had not his money a good while after, but at length was paid Fourscore and Thirteen Guneys, which was something more than the Arms cost; and that he believed the Money was paid by Mr. Charleton; That in case the Assassination had gone on, they had designed to kill the Lord Maior and the Sheriff's, as many of the Lieutenancy as they could get, and the 
The Mayor, Sheriff●, etc. to be killed, as also the Earl of Roch●ster, Lord K●●per, Lord Hallifax,  Principal Ministers of State. The Lord Rochester, as being like to stand to the Duke's Interest; The Lord Keeper, because he had the Great Seal, whom they also intended to hang upon the same Post that College was hanged upon, for his Death. The Lord Hallifax, as being one that professed himself of the Party before, and turned from the Right side. That Sir John Moor was to be killed as 
Sir John Moor.  a Betrayer of the Rights and Liberties of the City, that the Judges were to be flayed and stuffed, and hung up in Westminster Hall; and several of the Pentionary Parliament, as Betrayers of the Rights of the People. And that the Prisoner at the Bar was sometimes at these Meetings, when these things were discoursed of, though not so often as the rest.  
That after the News of the Fire, the Prisoner said that he believed God shown his Disappointment of these things, and desired to have his Name concealed, upon which Mr. Ferguson asked him, why he should be ashamed? saying that it was a glorious Action which he hoped to see publicly gratified by the Parliament, and questioned not but the Prisoner would be famed for it, and have Statues erected for him, with the Title of Liberator Patriae.  
The Witness farther added, that when the Mayor and Sheriffs 
Papillion and Dubois designed Sheriffs, and Ald. Cornish Mayor.  were killed, they designed that Mr. Papillion and Dubois should be forced to take the Office of Sheriffs upon them, which if they refused to do, they should be used as the rest, and that Sir Thomas Gold, Sir John Shorter, or Alderman Cornish, should be set up for Lord Mayor, but rather Alderman Cornish as the fit Person. That being asked by the Witness what they intended to do with the King's Natural Sons, they said they were good lusty Fellows, and would serve for Porters or Watermen, and that for the Lady Ann, they would marry her to some Country Gentleman for a Breed to keep out Foreign Pretences.  
Being asked what he knew as to the Continuation of the Rising, 
The Design continued and carried on by the Lords etc.  and whether it were continued? He made Answer, That about Christmas, Colonel Rumsey told him there was a Design carrying on among the Lords and Great Men, by whom he always understood the Duke of Monmouth, the Lords Russel, Grey, and Howard, Colonel Sidney, Mr. Wildman, and Mr. Hampden, for an Insurrection which was Designed to be done about March. That Colonel Rumsey and he Discoursing of it, the Colonel thought fit to draw up some things that were to be required in behalf of the People, which was done, but that the Lord Russel said it was rejected, in regard that all should be left to the Parliament.  
That at the Young Devil Tavern, he met with the Prisoner at 
Mr. Holloway proposes to try what Forces they could raise without assistance from Scotland.  the Bar, Colonel Rums●y, Mr. Wade, Mr. Goodenough, and one Holloway, a Merchant of Bristol; where Mr. Holloway proposed, That since the Scotch Business was broken off, they should try what Forces they could Raise here. He farther added,  
That the City was to be divided into twenty parts, and every twentieth part into fourteenths, and fifteenths, and the Streets and Lanes were allotted out. That one Principal Man was to have a twentieth part, and so many Men under him; and that they might not interfere one with another, they bought a great Map of the City. That at one of the Meetings, Mr. Goodenough Reported, That there were 1500 Men out of two of the Hamlets, and that there were several Meetings about this Affair; And being asked whether the Prisoner was at those several Meetings? He Answered, Yes, and that he showed himself ready to act his part.  
Being asked whether they met after the Discovery? He Answered, That on the Monday Morning next, after the Discovery, 
A Meeting after the Discovery.  of which he had notice upon the Sunday before, he met pretty early at Captain Walcot's Lodging, whether soon after came all the rest who had agreed to meet, but that they Designed to go beyond Sea; But understanding the Messengers were abroad, and believing the River was beset, every Man shifted for himself. That being thus retired, they got Mr. Keeling into the City, that Rumbold Discoursed him in the presence of several Persons; but that Mr. Keeling wished a great many Imprecations upon himself, if he had Discovered. That then, after some Discourse of Killing him, they proposed to him to go out of Town which he refused. That the same Night they traced him from place to place, and finding that he was gone to the Secretary's Lodgings, they took it for granted that the Discovery was made, and that every Man must shift for himself. That upon that, Mr. Wade said, That if the Duke of Monmouth would go into the West, they might try a push for it still, and that the Prisoner at the Bar said, That he was satisfied God would deliver the Nation, but that he 
Walcot satisfied, that God did not like the present Instruments, but would deliver the Nation.  did not approve of the present Instruments.  
Thus the sum of what was fastened upon the Prisoner was, That he was at several Consults about Killing or Securing the King. That he went down to Rumbold's House, to view the place where it might be done with most safety, and that he undertook to Fight the Guards, if he might have a considerable number of Men.  
To this Captain Walcot Pleaded, That he never was at Rumbold's House, but once as he Travelled from York by Norwich, and so to London.  
To which Colonel Rumsey Replied, That the Prisoner did buy a Horse, and said he intended to go down, and to the best of his Remembrance, said, He was down. But that he bought a Horse which cost him 20 l. for that purpose he was certain.  
But the Prisoner still denying the Matter of Fact, and Pleading that he lay Sick of the Gout, all the while the King was at Newmarket, a Letter was produced under his own hand to Sir Lionel Jenkins, Secretary of State, purporting, 
A Letter under his hand to Sir Lionel Je●kins produced.  That being troubled to see himself in His Majesty's Proclamation, he resolved to lay himself at His Majesty's Feet, let him do with him what he pleased; and acknowledging his Crime, which he says was the first that he had Committed since his Majesty's Restauration, he purposed to Discover to him all that he knew Relating to England, Ireland, and Scotland, which he supposed might be more than the Original Discoverer was able to acquaint His Majesty with; And farther, That if His Majesty thought fit, he would follow those Lords and Gentlemen who were fled, and as soon as he could, would inform His Majesty what measures they intended to take next. Otherwise he Resolved to give His Majesty no farther trouble, but to lie at his Mercy, let him do with him what he pleased.  
Then Captain Richardson being Sworn, made Oath, That on 
Cpt. Walcot sends for Captain Richardson.  Sunday Night Captain Walcot sent for him, and seemed very desirous to wait upon His Majesty, and to unbosom himself to the King. That Yesterday Morning his Son coming to him, he sent his Clerk along with him to his Father, who Discovered a little Paper in his Hand, which he had intended to have given to his Son, which afterwards the Prisoner desired him to make no use of since he had Discovered it. The Letter was to Captain Tracy his Landlord, to speak to Colonel Rumsey, to be tender of him, and to tell him he had Ground enough to serve the King upon other Men, and to speak to Mrs. West, to desire the same thing of her Husband; and that the last words of the Note were, If you cannot be private, leauè the Issue to God.  
To the whole the Prisoner Pleaded, That the Witnesses had 
The Prisoner pleads his being out of England.  made long Speeches, though very little, and yet too much Relating to him; Of a Design to Assassinate the King, and carry on a War, when he was out of the Kingdom; Of a Declaration drawn up at Mr. Shepherd's House, and of things not being ready upon Mr. Trenchard's failing, when he was in Holland.  
That as to his undertaking to Charge the Guards when he came into England, it was an improbable thing, for that he knew there was no difference between Killing the King, and securing the Guards. But it was plain, That the Witnesses had sufficiently dipped themselves, and therefore to save their own Lives, they had combined to take away his.  
He denied that the Witness made it out, That he was privy 
He delves himself privy to Good●noughs Notes.  to Mr. Goodenough's Notes about Raising of Men, or that he knew any of them.  
That the Meetings at his Lodging were by Colonel Rums●y's Appointment, of which he knew nothing; and that he came among them accidentally sometimes only to hear News; neither was any thing agirated there that he knew of concerning Killing the King, or Levying War. He confessed he heard there was a Design by a great many Lords and Gentlemen, and others, for asserting their Liberties and Properties, but that he never was in any Consultation with them, or any Message to them, or ever saw the Face of any of those Lords that were said to be concerned; and therefore it was improbable that he should be so far concerned as the Witness seemed to represent him.  
Being asked why he frequented the Company where he heard those things? He Answered, It was his Folly, and conceived it was only Misprision of Treason: For it was true, he had heard a great deal of what the Witnesses had said touching an Insurrection, but that he had no hand directly or indirectly in it, nor did the Death of the King ever enter into his thoughts directly or indirectly; And that when some Gentlemen talked to him of it, he abominated it as a Scandalous Thing, a reproach to the Protestant Religion, and that his Children would bear the reproach of it. But the Court told him he failed in his Law, for though to hear of Treason accidentally or occasionally and conceal it was but Misprision, yet if a Man would be at a Consult where Treason was Hatched, and then concealed it, he was then Guilty of Treason itself.  
The Jury then desiring he might be asked what he had to say 
He alleges his undertaking in his Letter, to be upon his intimacy with Mr. Ferguson.  to the Letter? the Prisoner made Answer, That what he promised he undertook upon his Intimacy with Mr. Ferguson, by whose means he believed he should have an Interest with the rest. That he did according to his promise, give an Account of what he had heard, but that the King was not pleased with him, because he did not descend to particulars, which he could not do, in regard he had never been in their Company, nor knew any thing but what he had by a private hand.  
As for his Confession that it was his first Crime, it was only as far as Misprission went, having never acted or intended the Treason.  
In the last place he produced one Witness to prove when he 
He produces a Witness about his Gout.  fell ill of the Gout, and how long it continued; who said, That he could not certainly tell, but believed it was about three Months; nor could he certainly tell when it began.  
After this, the King's Sergeant having summed up the Evidence, the Lord Chief Justice gave his Charge to the Jury, who after 
He is found Guilty.  about half a quarter of an Hours Consideration, returned, and brought the Prisoner in Guilty.   

THE Charge and Defence OF William Hone.  
UPON Friday the 19th, of July, William Hone having been Arraigned the Day before, and after some frivolous Evasions pleaded not Guilty, was brought to his Tryel for Conspiring and Intending the Death of the King, and the Subversion of the Government, and for providing himself with Arms to that purpose, To this being a second time asked according to the usual Custom, whether Guilty or not Guilty, he would have retracted his Plea of not Guilty and pleaded Guilty. Upon 
Hone desires to retract his Plea and plead Guilty.  which being demanded by the Court whether he did confess the whole Indictment? He answered Y●s, but being asked again whether he confessed that he did conspire the D●ath of the King, and provide Arms to do the wicked Act? He answered that he did not provide any Arms, that his Deposition before Sir William Turner was true, and that he was asked by Mr. Richard Goodenough to go along with him, that he asked whether? and then understood it was to kill the King and the Duke of York, but was not told the place.  
Which not being taken for a full Confession, the King's Sergeant desired he might be tried. So that the Jury were sworn without any Challenges.  

Nicholas Charleton  
Christopher Pitts  
Robert Beddingfield  
John Pelling  
William Winbury  
Thomas Seaton  
William Rutl●nd  
Thomas Short  
Theophilus Man  
John Jenew  
John Short  
Thomas Nicholas.   
Which done and the Endictment opened, Mr. Josias Keeling was 
Mr. Keeling Sworn.  sworn, who declared, that he saw the Prisoner at the Dolphin Tavern, where the Arms were agreed upon. That at the same time were present Mr. West, Mr. Goodenough, and Mr. Rumbold, and that he remembered the Prisoner particularly. That it was then discoursed of the Kings coming home from Newmarket the Saturday after the Fire, and the several Reports of the Town concerning it. That upon their hopes that the King would not return upon Monday, Mr. West asked Rumbold how many Swans-quills, Goose-quills and Crows-quills, and what Sand and Ink he must have; and that the Prisoner was by, and heard all the Discourse. Being asked what was meant by all that? He answered, that by Swans-quills were meant Blunderbusses, by Goose-quills, Muskets, and by Crows-quills, Pistols, and by Sand and Ink, Powder and Bullet. That after that Meeting the Prisoner took acquaintance with him, and after some time told him, that he was one of those that was to Assassinate the King. That after that, at a 
He told the Witness he was put down to Assassinate the King.  Coffeehouse in Swithins Alley, the Prisoner told him, that it would never be well till the Blackbird and the Gold Finch were knocked o'th' Head, and that ask him what he meant by those Terms, he answered the King and the Duke of York.  
Then the Prisoner being admitted to ask the Witness any Questions, he said that he owned it as to the Blackbird, but that as to the Goldfinch he never heard a word of it till then.  
Mr West being sworn, declared that he was at the Meeting before 
Mr, West's Testimony.  mentioned when Mr. Keeling came in; that several things were said of Swans-quills, etc. but that this Man did not come in till that Discourse was over, and that he was sure he did not speak of any thing of that nature before this Man in his Life. That Mr. Goodenough did undertake to provide the Man, and said he would try him whether he would attempt upon the Duke without the King. That he asked the Prisoner, whether he had seen Mr. Goodenough? Who answered, that he had; and that he had spoke to him about a little Job for the Duke; and that Mr. Goodenough said he had spoken to him fully about the thing. That he saw him often in the Company of Manning, who was designed to be another of the Aslassinaters. That being once at his Chamber, the Prisoner said to him, Master, shall we do nothing? adding, that if the Duke of M. would be but true, and appear, he would bring 50 or 60 honest Men of the other side of the Water, who would do the business. That upon ask him what business? he answered either a Brisk Push, which the Witness took for an Insurrection, or the two Brothers. That upon ask him what two Brothers he meant? He replied, the Captain and Lieutenant, which were the Terms they used since the Van Herring was Printed. Here Mr. West put in, that he thought the Prisoner was a good honest Fellow before that time, but that he thought he was deluded by Goodenough.  
Upon which the Lord Chief Justice asked him, whether he came to justify those things?  
Mr. West replied that he had been basely deluded, and that he was sorry for the poor Fellow.  
Which caused the Lord Chief Justice to tell him that it was an unusual thing for men in his Condition to use such Expressions in such a Case. And being afterwards told by the King's Sergeant, that he found him not worthy the Mercy the King had shown him, than Mr. West replied. that it was a word he put from him unawares.  
Then Sir Nicholas Butler being sworn, declared, That he had 
Sir Nicholas Butler proves the Prisoner always ready for such evil designs.  known the Prisoner for many Years, and had always known him Guilty of Plotting and Contriving, and upon all occasions ready to embrace any thing for those purposes laid to his Charge. Particularly, that when Sir Francis Chaplain was Lord Mayor, and that the King stood at Mr. Waldo's, the Angel being much shaken, the Prisoner came to his House and told him, that now they had a fair Opportunity to take off the King and the Duke at once; to which purpose there were to be half a dozen with Crossbows, who would go into the Steeple, where there was a Window just opposite to the Balconey. That thereupon he went to the King and the Duke of York, and gave them this account, and desired them to set some to watch the Place, and to search if any were got into the Steeple before they came. That one Horsel was appointed to watch them accordingly, but none came. And that when he was examined before the King, the Prisoner confessed all those things.  
Captain Richa●dson being sworn gave evidence, That he went along with Sir Nicholas when he examined the Prisoner as to this thing. Who then said, that Mr. Goodenough came to him and told him he wanted Labourers. That Mr Goodenough told 
He agrees with Goodenough to kill the King and the Duke of York.  him, it was to kill the King and the Duke of York, and that he confessed he did agree to be one of the Persons would undertake it; and that Goodenough promised him Twenty Pound to buy him an Horse and Arms. That he confessed the business of Rye, which place he did not know, but said it was the place where the King was to be murdered.  
To all this the Prisoner said little or nothing, only that he did not know the place where, nor when it was proposed about the Rye, and that he was drawn into it by Mr. Goodenough.  
That as to the Crossbows, he was only told it, but never designed it.  
Being asked what Religion he professed, he answered, That he heard sometimes Baptists, sometimes Independents, and sometimes Presbyterians.  
After a short Charge, the Jury brought him in Guilty, without stirring from the Bar.   

THE Charge and Defence OF THE Lord RUSSEL.  
THE same Friday Morning being the 13th of July, the Lord Russel was set to the Bar, within the Bar.  
He was charged as were the former, for compassing, imagining and intending the death of the King, and the Subversion of the Government.  
To this being required to plead, he desired that he might have a Copy of what was laid to his Charge. But the Court informing him, that they could grant nothing till he had pleaded, he then pleaded not Guilty.  
Which done, he told the Court that he thought no Prisoner had been Arraigned and Tried at the same time: and urged that he had been a Close Prisoner. To which the Court replied that it was continually done in Crimes of this Nature: and it was farther told him, That he has had a great deal of Favour shown 
The Court makes him sensible of the favour shown him.  him already, in that he had been acquainted with his Crimes, and that he had had the Liberty of Counsel, which had not been known granted to any under his Circumstance.  
The Prisoner alleged that he had only heard some general Questions, and that he had Witnesses which he believed would not be in Town till Night, and therefore thought it very hard that he could not have one day more.  
To which it was answered that he had notice upon the Monday was a seven night before, and that the Questions he was examined upon, where a favour to him, that he might know the matter he was charged with, and therefore if the King's Counsel did not think it fit, the Court could not put off his Trial.  
The next thing he desired was a Copy of his Panel, to which 
He d●sire● a Copy of the Panel which was proved to be delivered to his Gentleman.  the Lord Chief Justice replied that it had been ordered him, and the Attorney General said that he had indulged him so far, that he might have a Note of the Men returned: The Secondaries also affirmed, that they had delivered it to his Gentleman. To which my Lord's Gentleman made answer that he had only some Names out of a Book. Whereupon my Lord insisting that he had no Pann●l but only some Names of Persons usually upon Juries, it was told him by the Court that no other Panel could be given him, and then the Secondary being asked affirmed, that he had had the Copy of a Hundred Names.  
Nevertheless his Lordship still urging for a Copy of the Panel, and that his Trial might be put off till the afternoon, in regard he had a Witness that was not in Town, the Lord Chief Justice condescended so far as to ask the Attorney General, why the Trial might not be respited till the Afternoon? But the Attorney General giving no Answer to it, the Court Proceeded.  
Then the Prisoner desired to know whether he might have Pen 
He is allowed Pen and Ink and two to write for him.  and Ink, and a person allowed to write for him; to which it was answered him, that he might have two if he pleased.  
Sir Andrew Foster being then called, he said that his Name was not in his List; but it was replied that he was not called as one of the Jury.  
After which, the Court Proceeding to call the Jury, and John 
The Prisoner insists upon Fr●eholders.  Martin being named, the Lord Russel asked whether he were a Freeholder of Forty Shillings a Year; saying that He thought that none were allowed but such as were Freeholders.  
To this the Court replied, that no Panel was made in London by Fr●eholders, for that the Estates in London belonging either to the Nobility and Gentry that lived out of it, or to Corporations, London was excepted.  
To this the Prisoner urged the Statute of the 2 of Henry 5th. wherein he said it was positive that in cases of Life and Death, no man should be judged but by those that have Forty Shillings a Year.  
But the Attorney General not allowing the Prisoners Exception, the Lord russel's Counsel were called and assigned him again by the Court, Mr. Poluxfen, Mr. Holt and Mr. Ward; who after they had learnedly argued what they took to be the Law in that case, were so fully answered by the King's Counsel, that it was adjudged by the whole Court, that in case of Treason, Freehold was no good Cause of Callenge. However it was told him he would have as g●od a Jury and better than he would have had in the Country, of four pound a Year Freeholders. The reason of the Law being, to the end no slight Persons should be put upon the Jury, where the Life or Estate of a Man comes in Question, but that in the City the Persons. Impanelled were Men of Substance, who had a great deal to lose, and therefore his Lordship had the same in Effect, as if a Challenge were allowed of a Freeholder. And this was the Opinion of eight of the Judges being present.  
This Dispute being over, the Jurymen were called, and after the Prisoner had challenged one and thirty, the following persons were sworn. 
The Jury sworn.   

John Martin  
William Rouse  
Jervas' Seaton  
William Fashion  
Thomas Short  
George Toriano  
William Butler  
James Pickering  
Thomas Jeve  
Hugh Noden  
Robert Brough  
Thomas Oneby.   
The Jury being thus sworn, and the Indictment opened by the King's Counsels, Colonel Rumsey was first sworn; who gave in Evidence.  
That about the latter end of October or beginning of November, he was at the Lord Shaftsbury's Lodgings, where he lay near Wapping, and that he told him, there were met at one Mr. Shepherd's House, the D. of M. the Lords Russel and Grey, Sir Tho. Armstrong and Mr. Ferguson. That his Lordship desired him to speak to them, to know what Resolution they were come to about the Rising at Taunton. That he went to Mr. Shepherds, who carried him up where they were, and that the Answer which was then made him was, That Mr. Trenchard had failed them, and there would be no more done in the Matter at that time: for that he had promised a Thousand Foot, and Three Hundred Ho●se, but could not perform it, and therefore that the Lord Shaftsbury must be content. That Mr. Ferguson spoke most of the Answer, and that as far as he remembers, the Lord Grey said something to the same purpose; but that the Lord Russel and the Duke of Monmouth were present; and that thereupon the Lord Shaftsbury prepared to be gone.  
Being asked how long he was at Mr. Shepherds? He said, About a Quarter of an Hour.  
Being asked what Discourse happened while he was there? He Answered, He was not certain whether he heard it there, or whether Mr. Ferguson Reported to the Earl of Shaftsbury, that they had debated it there.  
The Witness farther added, That there was some Discourse by 
The Guards undertaken to be viewed, and the Prisoner then present.  all the Company that was there, about seeing in what posture the Guards at the Savoy and Mews were: which was first began by Sir Thomas Armstrong, and Mr. Ferguson, and the business undertaken by the Duke of Monmouth, the Lord Grey, and Sir Thomas Armstrong, and that the Prisoner was there when they undertook to take the view.  
As to the Rising he farther added, That it was to have been the 19th. of November, that it was determined, and that he was 
The Rising to have been on the 19th. of November.  to have gone to Bristol by the order of the Earl of Shaftsbury.  
Being asked whether the Lord Russel gave his consent? the Witness made Answer, He did.  
The Lord Russel being now permitted to ask the Witness what Questions he pleased, desired to know whether he gave any Answer to the Message about the Rising? The Witness Replied in the Affirmative, That the Prisoner did speak about the Rising at Taunton.  
And then being asked by his Lordship, Whether he in particular gave his consent to the Rising? he again confirmed what he had said before.  
Mr. Shepherd being Sworn, Declared, That in October, as far as he remembered, Mr. Ferguson came to him in the Duke of Monmouths' name, and desired the conveniency of his House for him, and some other Persons of Quality to meet. That in the Evening came the Duke of Monmouth, the Lords Grey and Russel, Sir Thomas Armstrong, Colonel Rumsey, and Mr. Ferguson. 
The Duke of Monmouth, the Lord Grey, and Sir Thomas Armstrong, go to view the Guards.  That Sir Thomas Armstrong desired him, that none of his Servants might come up, but that they might be private. That the Substance of their Discourse was, How to surprise the Guards, in order to which, as far as he remembered, the Duke of Monmouth, the Lord Grey, and Sir Thomas Armstrong, went one Night to the Mews to view the Guards. That the next time they came to his House, he heard Sir Thomas Armstrong say, That the Guards were very remiss in ●h●ir places, and not like Soldiers, and that the thing was feasible if they had strength to do it.  
Being asked whether they came in Coaches, and in the Dark? He Replied, That they came in the Evening immediately one after another, but he did not let them in.  
Being asked whether the Prisoner were there both times? He Answered, Yes, to the best of his remembrance.  
Being asked whether there were any Coaches at his Door? He 
A Declaration read, setting forth the Grievances of the Nation.  Answered, None that he saw.  
Being asked whether he remembered any Papers read at that time? He Answered, upon Recollecting his Memory, That there was a Paper in the Nature of a Declaration, setting forth the Grievances of the Nation read by Mr. Ferguson, but who was present at the Reading, whether all or no, he could not remember; particularly he could not say the Lord Russel was there at the reading it.  
The L. Howard being next Sworn, gave a long Evidence, The sum of which was after he had made a Recapitulation of several Designs of the Earl of Shaftsbury, that upon the Earl of Shaftsbury's withdrawing, those Persons who were concerned, began to lie under the same Apprehensions that the Earl of Shaftsbury did. That they had gone too far and Communicated the Design to so many, that it was unsafe to make a Retreat, That therefore it being considered, that so great an Affair, consisting of so many nice particulars, could not be managed but by some general Council, that should take care of the whole, they resolved to erect a little Cabal among themselves, consisting of six Persons, which were the Duke of Monmouth, the Lord Russel, the Earl of Essex, Mr Hampden Junior, Algernoon Sidney, Esq; and Himself.  
That these six Persons met about the middle of February, at Mr. Hampden's House, where it was agreed what their Business was, which was, to take care of the whole. That as to particulars, the things that Challenged their care should be, Whether the Insurrection were most proper to be begun in London, or in the Country, or both in an Instant?  
What Countries & Towns were fittest, & most disposed to Action.  
What Arms were necessary to be got, and how to be disposed.  
How to Raise a Common Bank of 25 or 30000 l. to answer all Occasions.  
And lastly how to order it so, as to draw Scotland to consent with them, it being thought necessary that all Diversion should be given.  
That there was another Meeting of all the same six Persons ten days after at the Lord Russel's House, where they came to a Resolution, 
A Council of six erected, of which the Prisoner one. A second meeting at the Lord Russel's House.  That some Persons should be sent to the Lord Arguile, to settle an Understanding with him, and that some Messenger's should be send into Scotland to invite some Persons hither, that were judged most able to understand the State of Scotland, and give an Account of it. That the Persons agreed on were Sir John Cockrane, and the Lord Melvin, with one more, whose Name he since understood to be Sir— Campbel. And that in Discourse it was referred to Colonel Sidney, to take care of that Business.  
That afterwards Colonel Sidney told him, he had sent Aaron Smith, and given sixty Guineas for his Journey.  
Being asked whether he was sure the Lord Russel was at that 
The Lord Russel at the Meeting about Scotland, and consented to it.  Meeting? He Answered, That he wished he could not say it.  
Being asked whether he consented? the Lord Howard made Answer, That they did not put it to the Vote, but it went without Contradiction, and he so took it, that all that were present gave their consent.  
The Lord Russel being now permitted to ask the Lord Howard any Questions, said, That what the Lord Howard had said of him was only Hearsay. That the two times they met, it was upon no form Design, only to talk of News and Things in General. That the Lord Howard was a Man of a voluble Tongue, talked well, was full of Discourse, and they were delighted to hear him. That for the Scotch Gentlemen, he never saw any of them, only the Lord Melvil he had seen, but not upon this Account. There the Attorney General urged, That Aaron Smith did go into Scotland, and that Campbel he went for was taken, and then called Mr. Atterbury 
Mr. Atterbury swear. Sir Hugh Campbel in Custody.  the Messenger to prove his Apprehension; who being Sworn Declared, That Sir Hugh Campbel was then in his Custody, and that he had been by his own Confession four days in London before he was Apprehended.  
Then Mr. West being Sworn, Declared, That as to the Lord Russel, he never had any Conversation with him at all, but that Mr. Ferguson, and Mr. Rumsey, told him, That the Lord Russel intended to go down and take his Post in the West, where Mr. Trenchard 
The Lord Russel the person most looked upon by the Party.  had failed them; And that they always said, The Lord Russel was a Man they most depended upon, because he was a Person looked upon as of great Sobriety.  
Here the Court Declared, That what Colonel Rumsey, or Mr. Ferguson told Mr. West, was no Evidence, so that the King's Council resolved to rest upon what they had already proved.  
The sum then o● the Evidence against the Lord Russel was, That Colonel Rumsey was sent upon a Traitorous Message by the Earl of Shaftsbury, to a Meeting where his Lordship was, and that the Answer was returned his Lordship being there; and that there was a Discourse at the same time of an Insurrection to be made, and a Declaration read, to be Printed upon the Rising, setting forth the Oppressions and Grievances of the Nation, and Discourse of surprising the Guards. That six Persons, of which his Lordship was one, did erect themselves into a Council to manage the Insurrection and Raising of Men.  
To all this the Lord Russel made Answer, That he could not but think himself mighty unfortunate to stand there Charged 
His Defence.  with so high a Crime, and that intermixed with the Horrid: Practices and Speeches of other People, while the King's Council took all advantages to heighten things against him. That he was no Lawyer, and a very unready Speaker, and altogether a Stranger to things of this Nature. That he was sensible he was not so provided, as to make his Defence as otherwise he should do; But that his Lordship thought the Gentlemen of the Jury were Men of Consciences that valued Innocent Blood, and hoped they would consider the Witnesses, that they Swore to save their own Lives. Neither was what Colonel Rumsey Swore enough to take away his Life; or if it were, the time was Elapsed by the 13th. of the King, which limits Prosecution to Six Months. Neither was the Design of Levying War, Treason, unless it appeared by some Overt Act, as appears by the 25th. of Ed●ard the 3d. And then desiring to know upon what Statute he was Indicted, it was told him by the Statute of the 25th of Edward the 3d. upon which he insisted 
He insists upon two Points of the Law, and desires Council.  upon these two Points as Matter of Law, and prayed to be heard by his Council, whether the Treason were duly proved, und if it were, whether it were punishable by the Statute.  
In Answer to which the Court informed him, That if he were contented that the Fact should be taken as proved against him, and desired Counsel upon what was bare Matter of Law, he he should have it granted; but that there could be no Matter of Law admitted, but upon a Fact admitted and stated. And whereas he insisted, that the business a● Mr. Shepherd's House was sworn to only by one Witness; It was Answered, That if there were one Witness of one Act of Treason, another of a second, another of a third, that manifested the same Treason, it was sufficient.  
After the Lord Russel had several times insisted upon the same 
The Lord Anglesey.  Objections, and had received several undeniable Answers to the same effect, the Lord Anglesey stood up, who declared, That upon a Visit which he gave the Earl of Bedford, in his trouble for the Affliction of his Son, the Lord Howard came in while he was there, and to comfort the Earl used these Expressions. My Lord, you are happy in h●ving a wise Son, and a worthy Pers●n, one that can never sure be in such a Plot as this, or suspected for it, which may give your Lordship Reason to expect a very good Issue concerning him. I know nothing against him or any Body else, and therefore your Lordship may be comforted concerning him.  
After him Mr. Edward Howard stood up, who declared, That 
Mr. Edward Howard.  upon serious Discourse with the Lord Howard, he took it upon his Honour and his Faith, That he knew nothing of any Man concerned in the Plot, and particularly of my Lord Russel, whom he Vindicated with all the Honour in the World. So that if the Ld. Howard had the same heart on Monday that he had on Saturday, it could not be true what he Swore against the Lord Russel. To which he added, That he thought the Lord Russel did not only unjustly suffer, but he took God and Man to Witness, That he thought him the wortiest Person in the World.  
Dr. Burnet declared, That the Lord Howard was with him the 
Dr. Burnet.  Night after the Plot broke out, and did then as he had done before, with Hands and Eyes lifted up to Heaven protest, That he knew nothing of any Plot, nor believed any, and Treated it with great Scorn and Contempt.  
The Lord Cavendish declared, That he had the Honour to be 
The Lord Cavendish.  acquainted with the Lord Russel a long time, and that he always thought him a Man of great Honour, and too Prudent and Wary; to be concerned in so vile and desperate a Design as this, and from which he would receive so little advantage. He said he could say no more, but that two or three days after the Discovery of the Plot, upon Discourse about Colonel Rumsey, the Lord Russel did express something as if he had a very ill Opinion of the Man, and therefore it was not likely he would entrust him with such a Secret.  
Dr. Burnet again declared, That he had been for many Years last 
Dr. Burnet.  passed acquainted with the Lord Russel, and always judged him a Person of great Worth and Integrity, and had declared himself with much Confidence to him, and had always upon all Occasions expressed himself against all Rise, and when he spoke of some People that would provoke to it, he expressed himself so determined against that Matter, that no Man could do more.  
Doctor Thomas Cox declared, That having been very much 
Dr. Cox.  with the Lord Russel of late, that is to say for a Month or Six Weeks before the Plot broke out, he had occasion to speak with him in Private upon these public Matters. But that he always found that his Lordship was against all manner of Rise, and thought it the greatest Folly and Madness, till things should come in a Parliamentary-way. That he had heard him profess solemnly, that he thought it would ruin the best Cause in the World, to use any of those Irregular ways for preserving it, and particularly that his Lordship had expressed himself concerning those two Persons, the Lord Howard, that he was a Man of Luxuriant parts, but had the ill luck not to be much trusted by any Party; and Colonel Rumsey that he knew him Little, and that he had nothing to do with Him, but in the Lord Shaftsbury's Business.  
The Duke of Somerset declared that he had known the Lord 
The Duke of Somerset.  Russel for about two years, and had much Conversation with him, but never heard any thing from him, but what was Just, Honourable and Loyal.  
Here the Gentlemen of the Jury desired to ask the Lord Howard 
The Jury desires the Lord Howard to answer the point testified by the Ld. Anglesey,  something upon the point, the Lord Anglesey testified, and to know what Answer he made to the Lord Anglesey.  
Thereupon the Lord Chief Baron asked him what he said to it, that he told his Father, he was a Discreet Man, and he need not fear his Engagement in any such thing?  
To which the Lord Howard answered, that he confessed he did 
Which he doe●.  say it, for he was at that time to outface the thing both for himself and his Party, and did not intent to come to that Place and Act that Part. But God well knew how it was brought upon him, and with what unwillingness he sustained it, but his Duty to God, the King and his Country required it. Besides that it was upon that which every man was committed for, that he took hold, when he made his solemn Protestations, for all that were committed for a Design of Murdering the King; and so were he an Enemy to the Lord Russel, and brought in a Witness against him, he was bound to have declared in the Presence of God and Men, that he did not think he had any Design to Murder the King.  
After this the Lord Clifford declared, That he always took the Lord Russel to be a very worthy honest man, and that he never saw any thing in his Conversation, to make him believe otherwise.  
Mr. L— Gore declared, that he had been acquainted with 
Mr. L— Gore.  the Lord Russel several Years, and conversed much with him, but that in all his Discourse with him, he never heard any thing fall that tended in the least to any Rising or any thing like it. That he took him to be one of the best Sons, one of the best Fathers, one of the best Masters, one of the best Husbands, one of the best Friends, and one of the best Christians in the Land.  
Mr. Spencer declared, that he had known the Lord Russ●l many 
Mr. Spencer.  Years, and had been much with him in his House, but never saw any thing by him, but that he was a most Virtuous and Prudent Gentleman, and that he had Prayers constantly twice aday in his House.  
Doctor Fitz Williams declared, That by all the Conversation of fourteen Years which he had had with the Lord Russel, he ever esteemed him a Man of that Virtue, that he could not be Guilty of such a Crime, as the Conspiracy he stands Charged with.  
Then the Lord Russel himself made a short Conclusion, wherein he declared that he had always had a Heart sincerely Loyal and Affectionate to the King and the Government, the best Government in the World. That he prayed as sincerely for the King's long and happy Life as any Man alive, and therefore for him to go about to raise a Rebellion, which he looked upon as so wick●d and unpracticable was unlikely. Besides that if he had been inclined to it, by all the observation he had made in the Country, there was no tendency to it, That he was always for the Government, and never desired any thing to be redressed but in a Parliamentary way. That he had been always against Innovations, and all Irregularities whatsoever, and should be as long as he lived, whither sooner or later. Then applying himself to the Jury, Gentlemen said He, I am n●w in your Hands Eternally, my Honour, my Life and All, and I hope the Heats and Animosities that are among you, will not so bias you, as to make you in the least incline to find an Innocent Man Guilty; I call Heaven and Earth to Witness, that I never had in my Life a Design against the King's Life. I am in your Hands, so God direct you.  
The Lord Russel having thus concluded his Defence, the King's Counsel proceeded to Sum up the Evidence, after which the Lord Chief Justice delivered his Charge to the Jury, and so the Court adjourned till four a Clock in the Afternoon, at what time the Court being met again, the Jury returned and brought in the Lord Russel Guilty of the High Treason laid to his Charge.   

THE Charge and Defence OF John Rouse.  
UPON Friday in the Afternoon, being the 13th. 
John Rouse brought to his Trial.  of July, John Rouse who had been Arraigned and Pleaded not Guilty was again brought to the Bar.  
His Charge was for Conspiring the Death of the King, and declaring it by Overt Acts, that is endeavouring to raise Men to seize the Tower, and to make an Insurrection and Rebellion within the Kingdom.  
Before the Jury was sworn, he moved the Court for longer time, alleging that he had had no longer notice of his Trial then since Monday Morning, and that he had had no advantage of his Notice, for though notice was then given him, he had no Liberty of sending for any body till Wednesday, and that about eight or nine a Clock on Wednesday Night, one came and told him that he should have no Liberty of Counsel, unless he had it from the Court, so that he had not been able to get his Witnesses ready. That he desired nothing but as an Englishman, to which the Court replied, that as an Englishman he could demand no time to prepare for Trial, for they that will commit Crimes must be ready to answer for them and defend themselves.  
That 'twas matter of Fact he was charged with, and therefore he could not but know long ago what he was to be tried for; for he was taken up and charged with High Treason, that he might then have reasonably considered what Evidence would be against him. That if he were an Innocent Person, he might defend himself without Question, That if he had done an ill thing, the Law did not design to shelter him under any Subterfuge, as to prepare Witnesses to testify an untruth for him.  
Here the King's Sergeant signified, that in regard Capt. Blague 
Capt. Blague to be tried separately from Rouse.  did desire not to be joined with the other, that the King's Counsel were content that Rouse should be tried first, Thereupon after several Challenges the Jury sworn were.  

Robert Benningfield  
John Pelling  
William Winbury  
Theophilus Man  
John Short  
Thomas Nicholas  
Richard Hoare  
Thomas Barnes  
Henry Robbins  
Henry Kemp  
Ed. Radish  
Ed. Kemp.   
The Indictment being opened by the King's Counsel, Thomas Leigh was sworn; But before he could speak, the Prisoner excepted against him, wondering with what Confidence he could 
He Objects against the Evidence.  look him in the Face at that time. The Prisoner objected against him, that he was a person who was sworn against by two Persons, to have a hand in the Plot, and that being taken up and Conscious to himself, that he was Guilty of such notorious Crimes, and knowing he was pretty well acquainted with him, he was afraid the Prisoner would swear against him, and therefore he took the boldness to swear against him first.  
But this was not allowed to be any Objection, so that the Witness being ordered to proceed, delivered his Evidence:  
That he had been concerned in the Conspiracy, and knew something of it, but that he believed the Prisoner knew a great deal more. That Mr. Rouse took him to the Kings-head Tavern in Swithings Alley, whither after some time Mr. Goodenough came, there being then a Club of Men that were of the Conspiracy. That he had seen Goodenough before, who had acquainted him that there was apprehension of the Rights and Liberties of the People being invaded, and that it was time for them to look to themselves, for Popery and Arbitrary Power were designed, and therefore desired to know whither he would engage in that Affair to prevent it; withal he told him the City of London and Middlesex was divided into Twenty parts. That he told him his Acquaintance did not lie where he lived, but he would get a Party where his Acquaintance lay. That he acquainted Rouse and Goodenough what men he had spoke to. That Mr. Goodenough told him the Design was to set up the Duke of Monmouth and Kill the King and the Duke of York, but that all Parties must not know it, that they were to tell some People, there was like to be a Foreign Invasion, and ask them what readiness they were in? and if they were found to be Compliant in that, than they might discourse with them about the other matter.  
That he discoursed with several men about the Affairs.  
That Goodenough told him that Sir John Moor was to be killed, and the Aldermen, and their Houses plundered, and that there 
Sir Joh● Moor and several Aldermen to be killed.  would be riches enough which would serve to maintain the Army. That then he acquainted Mr. Rouse with this business, but that he knew of it before, and told him he could raise Arms for a hundred Men, but said nothing was to be done unless the K●ng were seized upon, saying we might remember since 41. that the King went and set up his Standard; therefore said He, we will seize them that they may not set up their Standard, but withal, he said he was for siezing them, but not for shedding of Blood. That Mr. Rouse acquainted him it was a very convenient thing to have a Ball played upon Black Heath, and to that end that some Sea Captains should be spoken with, and said, He would engage ten 
A Ball to be played ●●on Black-H 〈…〉  who should manage that Affair, and he that won the Ball should 
The T 〈…〉 to be siez  take it. But that when they had so done, that every Captain ●hould take his Party, and tell them they had other work, and ●●en go with long-Boats and Arms, and seize the Tower.  
That he acquainted Goodenough with this, who asked him the Charge of a Golden Ball? which Mr. Rouse had told him, would be ten or a dozen Pound; to which Goodenough replied, That if it were forty Pound, he would be at the Charge of it all. That Rouse had spoke several such Discourses to several Men, at the Kings-head Tavern, in his hearing. That he heard he was Sworn against at the Kings-head, in the Company of Rouse and Goodenough; and that Rouse told him he should lie at his House. That Rouse cut off his Hair, and went to Mr. Bateman, and fetched him 
Rouse Disguises the witness.  a Periwigg. That Rouse and he went several times to view the Tower, and took Mate Lee along with them. That some time before that, they had appointed to meet at Waping, to speak with the Sea Captains. That in Order to this business, the Prisoner met the first day at the Amsterdam-Coffee-house, and as he told the Witness met with two Sea Captains that were to Officiate in the business, whom he carried to the Angel and Crown. That within an Hour and Half, Rouse came to the Witness, and told him he had spoken with the Sea Captains, who were willing, but that one was going to New Jersey, and therefore the work must be done before he went. That another time he appointed Mate Lee to meet at the Anchor in Wapping. That the Prisoner always undertook to get ten Sea Captains, and to provide Arms for a Hundred Men. That after he was Sworn against Mr. Nelthorp and Goodenough came to him at Rouse's House, and bid him not be Discouraged, but let the business go on, and that  he was taken into Custody, he should deny All, and it could not take away his Life.  
Being asked about what time this was? He Answered, In June last. That they never agreed upon any Method for Killing the King; but they told him they had a Thousand Horse ready in the Country, and Five Hundred in the City, and that the King should be Killed coming from Windsor. That they were contriving to send Arms by Night to some private place, where they were to Arm themselves in the Night. That some brisk men were to be sent to Windsor to know when the King came, and to give Information, that he might be set upon in some convenient place, and that both the King and the Duke were to be taken off together. That Mr. Rouse should say, Take them off, for th●n no Man can have a Commission to Fight for th●m. 
The King, and the Duke, to be taken off both together, that no body might have a Commission to fight for them.   
The Prisoner being now at Liberty to ask the Witness what Questions he thought convenient, demanded of him, whether he ever spoke to him of any Design against the King and the Government, and whether the Witness did not begin with him first?  
To which the Witness Answered, That the Prisoner was the first Man that ever he heard promise that the King and the Duke might be both secured. More than that, That the Prisoner, as a Traveller, should say both to him and in Company, That the King was Sworn both in France and Spain, to bring in Arbitrary Power, and that it was no Sin to take him off. And farther told him, He had it under his own hand.  
The Prisoner asked him in what place it was, where he b 〈…〉 to speak any thing of this Design? who made Answer, At the Kings-head.  
The Prisoner asked who was with them? to which the Witness replied, Goodenough and others.  
The Prisoner asked whether he ever put the Witness upon any thing of that Nature? and whither he did not tell him there was a Design to over-turn the Government, but he would not shed Blood?  
The Witness Answered, He could not be positive who discoursed the thing first, but that when the business was Discoursed, the Prisoner was very zealous to get ten Captains, and that the Ball might be played, and the Tower seized.  
Mate Lee being called, Swore, That the Prisoner had several 
Lee Sworn.  times treated with him to get S●amen fitting to make Commanders of Ships; and that being asked what he would do with those S●ame●, and where he would have those Ships? He Answered, Some of the King's Men of War, that lay at Deptford and Woolwich, for that the Tower and Whitehall was to be secured, or else they could d● nothing.  
Mr. Thomas Corbin being Sworn, deposed, That he took great care to settle a Correspondence at Oxford, during the Session's of Parliament t●ere. That being in Company with the Prisoner, when he was asked what he thought of the Session? the Prisoner undertook the Reply, and said, That he thought it would be a very short Sessions; adding farther, That those frequent Proroga●ions and Dissolutions of Parliament should not avail him, for that  the King had, the Parliament gave h●m, and they might take it away. Upon which one biding him have a care, he replied, The King had forfeited his Crown, and had no more right to it then he had.  
Mr. Richarson being Sworn, deposed, That when he was first 
He denies his Name to the Officer.  seized, he denied his Name to be Rouse, and said his Name was Johnson.  
The Prisoner being called to his Defence, instead of defending and clearing himself by Opposition of Testimony, endeavoured to retreat the Accusation upon the W●tn●ss, alleging, That the Witness first Discoursed these Treasons to him, which he only listened to, to pump out the bottom of his Design, that he might Discover them.  
The Court therefore told him, That he did but invert the Witnesses Discourse, that he had Sworn it against him, and he was not in a Capacity to Swear against the Witnesses.  
As to his saying, The King had forfeited his Crown, and had no 
That he had been tried for the words before.  more right to it, than any of the Persons he spoke to, he urged that it was a thing revived that was out of Doors two Years since, besides that, they were to be explained by the occasion of the Discourse, which was upon the Pope's Power to depose Kings; upon which he had only said, That if the Pope had any such Power, than the Crown of England was as much his as any other Mans.  
As to his saying the Parliament might take it away, he denied 
He denies he said the Parliament might take away the King's Crown.  that ever he uttered any such words.  
Being told that was not the Crime which was laid to his Charge, but his Designing and Conspiring to secure the King, seize the Tower, and cause a Rebellion within the Kingdom; all he had to say was, That he declared in the presence of God, before whom he stood, That it never entered into his Heart. So that after the Lord Chief Justice had in few words summed up the Evidence, and 
He is found Guilty.  the Deficiency of the Prisoners Defence, the Jury brought him in Guilty, without stirring from the Bar.   

THE Charge and Defence OF Cpt. William Blague.  
WHO being set to the Bar next after Rouse 
Cpt. Blague Tried.  upon the same Fryd●y July the 13th. was Charged with Compassing the Death of the King, and Conspiring with one Rous● and several others to seize the Tow●r, and to provide A●ms in order to a Rebellion.  
The Prisoner made no Challenges, and so the same Jury that had 
He makes no Challenges.  passed upon Rouse, was again Sworn upon him.  
The first Witness called was, Leigh, who Swore, That the Prisoner in Discourse with himself and Goodenough, at the Kings-head Taven near Chancery-Lane, how to seize the To●er, he told them that the only way was to do it with Morter-Pieces, that he would venture his own Ship, and provide two Hundred Men.  
That he cautioned the Witness not to Discourse with his Mate such a one, but that his Mate Lee was an Honest Fellow, and said, That he would undertake once in twenty times to dismount the five pi●ces that faced towards Southwark-side, to which end, as he told the Witness, he would bring his own Ship, and lay it on Southwark sid●, and make up the 14 Guns he had already 24.  
That he asked Mr. Goodenough, What Money was provided? who Answering 4000 l. He Answered, The Seamen would swallow that up presently. To which Goodenough Replied, There was more provided at any time:  
Mate Lee Swore, That as he Road with the Captain in a Coach, the Prisoner should say, One of these Days we shall have a Ball to 
Mate Lee Sworn.  toss, which he afterwards understood by Rouse and Lee, was the Ball that was to be tossed upon Black-Heath. That the Prisoner and he one time walking about the Tower, and Discoursing of seizing it, his way was to scale it, but that the Captain said, The best way was to shoot Morter-Pieces upon Southwark-side; but denied he could say any thing about the Ship.  
To this the Captain in his own Defence made Answer, That all his business with Mr. Rouse was, to procure him a sum of Money, as being a Brok●r, and that his attending upon him for that purpose brought him sometimes into Goodenough's Company, wherein he was frequently at one Tavern or other: but that if ever he Discoursed with Goodenough about any Public Affairs, or any thing tending to the Public Disturbance, he was no Christian. That as to the seizing of the Tower, it was only accidental Discourse to the Watermens that Rowed him from his Ship by the Tower, to whom he was saving, That the place was not well fortified, and that if any Occasion should happen, that part next the Water was in more peril, than any place of the T●wer; And that upon farther Discourse, and a Supposition that the French should take, that then the Prisoner said, it was but going over-against the other side, and flinging half a dozen Bambo's to them, and setting them out again. That for his having 200 Men, it was impossible, for his Vessel was but a Pink that would not hold a 100 Men, Women, 
That his Vessel wa● but a Pink that would no● hold a 100 Men.  and Children. And for the Arms he bought, he bought them with the Ship, for his Def●nce at Sea; four Blund●rbusses, two Jav●lins, and some few ball-Pikes.  
That as to any bank of Money, he never Discoursed it, and that as to the Ball, he knew no more to that very day, than one who had n●ver seen a Ball.  
He added farther, That when they fixed the time that he was to lay his Ship against the Tower, it was not in his Possession to bring thither, as not having had her above three weeks, to the very time of his Trial.  
Then M●te Lee was asked on the Prisoner's behalf, Whether 
The Witness denies he knew of any Provision mad● to seize the Tower.  there were any Projections or Provisions made for seizing the Tower?  
To which he Answered, There was nothing of Men or Guns that he knew or heard of.  
Being asked whether he had any Order from any other Persons to Discourse Captain Blague in Order to this Attempt? He Answered, No; for that Captain Blague, Mr. Rouse, and Mr. L●igh, were commonly together.  
Then the Jury desired the Witness might be asked, Whether the Captain knew he went to view the Tower?  
To which the Witness Answered, He could not be positive in that. They told him they had vievved the Tower, but he did not remember what Observations the Captain made upon it.  
The Ju●y desired to know farther, Whether the Prisoner heard any thing of tossing the Ball? to which Mr. Lee replied, That Mr. Rouse told him the Captain was acquainted with it, but that he never Discoursed with the Prisoner about it himself.  
The Prisoner then calling his Witnesses, one Chapel a Carpenter, Declared, That the Vessel was not able to do any Service upon the Water three Weeks ago, and that he had been Shipped four Months and a half, to go for New-York.  
Wright declared, That he had waited on the Captain ever since he had been Shipped, and was in his pay before he had the Ship in his Possession.  
The Surgeon declared, That he had belonged to the Ship seven 
The Prisoner's Witness declare the time how long they had belonged to the Captain.  Weeks, and to the Captain before he had a Ship.  
Being asked by the Jury, How many Guns belonged to the Ship?  
He Answered, Fourteen Sahers, of which four were wooden ones; six above Deck, and four in the Hold.  
The Prisoner having thus made his Defence, the Lord Chief Justice summed up the Evidence to the Ju●y, who withdrawing to consider of their Verdict, in a short time returned, and brought the Prisoner in Not Guilty.  
The next day, being the 14th. of July, the several Prisoners found Guilty of High-Treason, were brought to receive Judgement.  
And first the Lord Russel being set to the Bar, and asked why 
The Lord Russel desires the Indictment may be read.  Sentence of D●a●h should n●t pass against him according to the Law, desired to hear his Indictment read in English? the which being granted, the Clerk of the Crown read on till he came to the Words of Conspiring the Death of th● King; at what time the Lord Russel desiring him to hold, told the Recorder, That he thought he had not been Charged with Compassing and Conspiring the Death of the King; To which the Attorney General replied, Yes. Upon which his Lordship appealed to the Recorder and the Court, whether if all that the Witnesses had Sworn against him were true, whether he were Guilty within the Statute of the 25th. of Edward the 3d. they having Sworn a Conspiracy only to Levy War, but no intention of Killing the King, and therefore he thought Judgement was not to pass for Conspiring the Death of the King?  
To this the Attorney General Answered, That it was no exception.  
Then the Recorder told him, That it was an exception proper, (and he thought he did make it) before the Verdict, whether the 
But his Objections are held Insufficient.  Evidence do amount to prove the Charge which is proper for the Jury to observe, for if the Evidence come short of the Indictment, they cannot find the Verdict. But when the Jury has found it, their Verdict passes for Truth; and the Court is bound to go by what the Jury have found, not the Evidence.  
To which his Lordship put the Question, Whether without any 
He moves an Arrest of Judgement.  Proof? But it was Answered, The Jury must be Governed by their Evidence.  
His Lordship replied, It was hard he must be Condemned upon a Point that there was nothing of it Sworn; therefore he thought that he might legally demand an Arrest of Judgement?  
To which the Recorder Answered, That he hoped his Lordship would consider it was not the Court could give a Verdict, but that it must be the Jury. Thereupon the Attorney General demanding Judgement, the Recorder passed Sentence according to the Law.  
Walcot had nothing to say, But that his Son and some Friends might come and see him.  
Hone had no more to say, but begged the same favour. Rouse pretended there was a vast difference between the Indictment which was for Words and Discourses, that passed the 2d. of March, and that the Oaths Sworn were, that the words were not spoken then, but the last of June, but had nothing more to say.  
Thereupon Judgement was given against all three, as against the Lord Russel.  
Upon the same day that the Lord Russel was tried, the Earl 
The Earl of Essex kills himself in the Tower.  of Essex killed himself in the Tower.  
The next day the Coroner sat upon him, and the Verdict of the Coron●rs Jury was, That Arthur Earl of Essex, did give himself a Mortal Wound with a Razor, by cutting his Throat from the one Jugular to the other, and through the Windpipe and Gullet, to the very Vertebras of his Neck; and that he did Feloniously and Voluntarily Murder himself.  
Upon Friday the 20th. of July, Walcot was drawn to Tyburn 
Walcot, Hone and Rouse carried to Tyburn.  in one Hurdle, and Rouse and Hone in another, and there put into a Cart, at what time the Dean of Rippon, Dr. Cartwright, and the Ordinary of N●wgate, undertaking to perform the last Office of Ministers, to Persons in their Conditions, admonished them to make an ingenious Discovery of what they knew touching the Conspiracy and Treasons for which they were then to suffer.  
Walcot replied he had some Papers in his Pocket of what he had prepared to say in Writing, and there desired they might be pulled out and he would read them.  
Then looking upon his Paper, he read a long Harangue, wherein 
Walcot reads his Speech.  he first gave an account of his Faith and Religion, his hope of Salvation by the Merits of Christ, and his belief of the Scriptures to be the Rule of Faith and Method of Worshipping God.  
As to the occasion of his Death, he confessed himself to be so 
He Confesses himself guilty of being at several Meetings.  unfortunate and as unhappy to be invited by Colonel Rumsey to some Meetings, where some things were discoursed of, in order to the asserting the Liberties and Properties of the Subject, and that while he lay ill of the Gout, Mr. West came frequently to visit him, and that his discourse was still of Lopping the Sparks. That though he had deserved to die by the Law, and that the King might justly put him to death, for being in those Meetings where 
And that he had deserved Death by the Law.  a War was Debated, yet he thought those men were Guilty of his Blood that were as deep as he, and had betrayed him, and taken his Life away. He desired his Friends to be wary how they heard any Man speak, or spoke themselves, for there was no such thing as Faith in Man to Man. He forgave all the World, especially Mr Shepherd, who as He said, promised to carry him into Holland, but instead of that, brought him into the Condition wherein he then was.  
He averred in the presence of God, that he knew of no English 
He knew no Protestant in Ireland guilty of any Plot.  Man or Protestant in Ireland, that was engaged in the Conspiracy.  
He said he could not excuse the Witnesses for aggravating things against him, and making them worse than really they were. To which when the Doctor was about to Reply,— Pray Sir give me leave, said he, for a Man to Invite a Man to a Meeting, to Importune a Man to a Meeting, to be perpetually Soliciting him, and then to deliver him up to be hanged, as they had done Him—  
He confessed he was present at many Meetings, but that there were several Meetings, wherein the Business of the King's Life was never spoke of; for he said they were for asserting the Liberties and Properties of the People: And being pressed to explain that, he said they were under general Apprehensions, and so were the Lords that were likely to suffer, of Popery and Slaveries coming in.  
Upon the whole being told by the Dr. that he had confessed himself Guilty enough to take away his Life? He replied, That he was so. And being farther told, that to say, he could not forgive the Witnesses, he at length said he did forgive them, and prayed God to forgive them.  
Nevertheless, soon after his Execution there was a Paper Printed, 
A Paper printed in his Name after his Execution, reflecting upon the Evidence.  which was said to be Written by Captain Walcot in Newgate, and delivered to his Son before his Execution, little differing from his Speech at the Gallows, wherein he seemed to complain of the Evidence, and endeavoured to deny his undertaking to charge the Guards, while others did the business. But in Answer to this, Mr. West published another Paper, maintaining and asserting 
Answered by Mr. West, to public satisfaction.  the Truth of his Testimony, particularly as to his intention to charge the Guards; declaring, He had omitted an Expression of the Captains upon that Subject, which he let slip in the multitude of particulars he delivered at the Trial. That he should say, He looked upon the Action to be so lawful and justifiable, that he could Die in it with a safe Conscience. And that whereas he taxed the Witnesses for Swearing him out of his Life to save their own, it appeared by his Letter to the Secretary, that he would gladly have saved his own so; and desired to have made the Duke of Monmouth, and other Pers●ns of Quali●ies Blood, to use his own Phrase, the price of his own Life. Observing very well at last, that he did not think fit to express in his Paper any S●nse of his Gild or Repentance for it, but rather seemed to retain his Old Opinion of its being a Lawful thing. That he only blamed his own Credulity, and advised his Friends only against trusting Men, not against his Crime.  
As for Hone, he acknowledged himself Guilty of the Crime according 
Hone acknowledges himself guilty.  to the Law of the Land, and the Law of God.  
Rouse made a long Speech, not much to the purpose, as being only a Repetition of what was done in Court. However, at length 
Rouse acknowledges himself guilty.  he acknowledged himself Guilty of concelaing and maintaining Traitorous Correspondency: and that it was just in God in the first place, and righteous and just with the King in the second place that he Died.  
The next day being Saturday, the Lord Russel having taken leave 
The Lord Russel carried to a Scaffold erected in Lincolns-Inn-Fields.  of his Lady, the Lord Cavendish, and several others of his Friends at N●wgate, took Coach with Dr. T●ll●tson, and Dr. Burnet, who accompanied him to the Scaffold Built in Lincolns-Inn-Fields; whether being come, after a short pause, he told the Sheriff, That he expected the noise would be such that he should not be heard, and therefore he had set down in Writing what he thought fit to leave behind him, protesting his Innocency of any Designs against the King's Person, or of altering the Government.  
He then told the Sheriff, that he had been Informed, That Captain Walcot had spoken some things concerning his Knowledge of the Plot, and therefore desired to know whether the Report were true?  
To which the Sheriff Answered, That he did not hear him so much as Name his Lordship.  
His Lo●●●hip replied, He hoped he did not, for that to his Knowledge, he had never seen or spoken with him in his Life; and then in the words of a Dying Man, he professed, He knew nothing of a Plot, either against the King's Life or Government: But that he had done with the World as going to a better, that he had forgave all the World hearty, and thanked God he Died in Charity with all Men. He wi●hed all the Protestants might love one another, and not make way for Popery by their Animosities.  
Then kneeling his Lordship prayed to himself, after which, Dr. 
His behaviour before he lay down.  Tillotson kneeled down and prayed with him, and then he prayed a second time by himself; which being done, after he had made himself ready, and ordered the Executioner, after he had lain down a small moment, to do his Office, without a Sign, he laid himself down upon the Block. And then it was, that the Executioner missing his first stroke, though with the first stroke he took away Life at two more he severed his Head from his Body, which was ordered by the Sheriff to be delivered to his Lordship's Friends and Servants, as being given them by His Majesty's favour and bounty. The substance of the Paper Delivered to the Sheriff, was this:  
In the first place he blessed God for the many Blessings which he had bestowed upon him through the whole Course of his Life; That he was Born of worthy good Parents, and had had the advantage of a Religious Education, which for many Years had so Influenced and possessed him, that he felt the effects of it in his present Extremity.  
That as he had lived, so he died a true and sincere Protestant, and 
He died a Protestant of the reformed Religion.  in the Communion of the Church of England, though he could never yet comply with, or rise up to all the heigths of some People.  
That he had always loved his Country much more than his Life, and never had any Design of changing the Government, which he valued and looked upon as one of the best Governments in the World, and would have suffered any Extremity, rather than have consented to any Design to take away the King's Life; Neither had any Man the Impudence to propose a thing so base and barbarous to him. And that he looked upon it as a very unhappy and uneasy part of his present Condition, that there should be so much as mention of so vile a Crime.  
That for the King he wished him well, and sincerely prayed for Him. 
He prays for the King.  That the Protestant Religion, the Peace and Safety of the Kingdom might flourish under his Government, and that he in his Person might be happy both here and hereafter.  
That as for th● share which he had in the prosecution of the Popish 
His Opinion of the Popish-Plot.  Plot, he proceeded in it in the sincerity of his Heart, as being fully convinced, that there was a Conspiracy against the King, the Nation, and th● Protestant Religion.  
That as for his present Condition, he had no Repining in his Heart at it.  
That he freely forgave the World, and those that were concerned in taking away his Life, conjuring his Friends never to think of Revenge. He denied himself privy to any Design to seize the Guards, but confessed he had heard some general Discourse of that Nature at the Lord Shaftsburies', but that he fl●w out into Exclamations against it.  
But when he came to speak of the Sentence of Death that was passed upon him, he reflected upon the Witnesses, as if they had done him wrong, and spoke more undecently of the Judges, the King's Council, and the Jury, than became a Person under his Circumstances, which did not a little offend the Sovereign Authority, and justly blemish his last Exit.   

THE Charge and Defence OF Algernoon Sidney, ESQUIRE.  
UPON the 7th, of November, 1683. Algernoon 
Col. Sidney brought to the Bar.  Sidney, Esq; was by Writ of Habeas Corpus, brought up from the Tower to the Bar of the Kings-Bench Court, where after he had held up his Hand, he was Charged with an Indictment of High-Treason.  
The general Heads of his Charge were, For Contriving with others to disturb the Peace of the Kingdom, Conspiring and Compassing the Deposing and Death of the King, and the Subversion of his 
Conspiring the Death of the King.  Government  
For the fulfilling and perfecting which wicked Treasons, he had met several of the Conspiraters at sundry Consultations for carrying on their Traitorous Designs. That he had sent Aaron Smith into Scotland, to invite divers of the King's Subjects in that Kingdom 
Sends Aaron Smith into Scotland.  into the Conspiracy, and to come to London, to Consult of aid and assistance to be given by them. That he had composed and written, or caused to be made and written, a certain Traitorous and Seditious Libel, wherein where these Words. The Power Originally in the People of England is delegated to the Parliament: He (meaning his present Majesty) is subject as a Man to the People that makes him King; in as much as he is a King, the Law sets a measure to that Subjection, and the Parliament judges of the particular Cases thence arising. He must b● content to submit his Interest to theirs, sinc● he is no more than any one of them, in any other respect than that he is by th● consent of All, raised abov● any other. If he does not like this Condition, he may renounce his Crown; but if he receive it upon that Condition, as all Magistrates do the Power th●y receive, and swear to perform it; he must expect that the performance will be exacted, or revenge tak●n by those he has betrayed. And in another place these words. We may therefore change o● take away Kings without breaking any Yoke, or that is made a Yoke which ought not to be one; the Injury therefore is in ma●ing and imposing, and can be none in breaking.  
The Charge being read, and Colonel Sidney urged to plead Guilty or Not Guilty he objected first against the Validity of the Indictment, which, he said, was a heap of Crimes put together, distinct in Nature one from another, and distinguished by Law; and therefore the Indictment being erroneous, was not to be Answered to. He added farther, That there were in the Indictment some Treasons or reputed Treasons, that might come within the Statute of the 13th. of this King, the Prosecution of which must be within six Months, and the Indictment within three. So that if the business mentioned were six Months before his Commitment, or above three before the Indictment, he was not to Answer to those things. That in the Case of Sir H. Vane, the 
Sir H. V●nes Case in 〈…〉 ' d.  Court then said it, and offered him, that he might put in his Exceptions, and plead Not Guilty afterwards. That if he pleaded to an erroneous Indictment and were acquitted, he might be Indicted again. Bills of Attainder having been upon Errors in Oririginal Indictments, as that of the Duke of Somerset. That as there were several things distinct in Nature, distinguished by Law put together in the Indictment, it was an impossible thing to make a positive Answer to any one. That if he were Charged with any particular Fact, he could say, He either did it or not. But that in the Indictment he found nothing specified, nor could he tell upon what Statute he was Indicted; and then he prayed to see the Record.  
To all his the Court made Answer, That they could not let him see the Record, but if he would hear it read again, he might. That there was no way, but either to plead or demur, if he thought the Indictment void, which if he did, he should be allowed to make what Exceptions he pleased. That as to what he alleged in reference to the 1 〈…〉 of this King, whether he were without the time limited, they were not bound to examine that before he had pleaded. Till when, let the Indictment be never so vicious, there were no exceptions to be admitted.  
Then the Prisoner offered a Parchment to the Court, which he 
He offers a Plea in Parchment to the Court.  said was a Plea. But the Court advised him to consider himself and his L●fe; for that if he put in a Plea, and the Attorney General demurred, if his Plea were not found good; his Life was gone.  
Upon that, the Colonel desired a days time to consider of it. To which the Court replied, That they could not introduce new methods for any Body.  
Here the Attorney General informed the Court, That Mr. Williams 
Mr. Williams reproved.  exceeded his Commission, and told the Prisoner several things; for which he was reproved by the Lord Chief Justice.  
Thus, when the Prisoner saw he could gain nothing by contesting 
The Prisoner pleads not Guilty.  with the Court, he at length pleaded Not Guilty. Which when he had done, he desired a fortnight's time to prepare himself for his Trial, which was allowed him. Next he desired a Copy of the Indictment, which the Court told him they could not grant by Law. Then he prayed that Counsel might be assigned him; but that was likewise denied him, unless he could produce any Point of Law, which the Court should think fit to be worth debating. This drew from the Prisoner an Expostulation, whether the Court would oblige him that was ignorant in the Law to raise Points in Law upon only hearing a long Indictment for things he knew nothing of? To which the Lord Chief Justice replied, That it was not the Judges, but the Law that obliged him. Therefore he was not to go away, and say that they sat there to impose upon him; for that they only fat to Administer the Justice of the Nation. However, the Court offered him that he might hear the Indictment read again, if he desired it, which at his request was done, and then he was remanded back to the Tower.  
Upon the 21st. of November, Colonel Sidn●y was brought to his 
The Colonel brought to h●s Trial.  Trial at the Kings-Bench-Bar, where he first urged, That whereas he had before desired a Copy of his Indictment, and thought the Law allowed it him, he was still of the same mind, and believed he could give a better Testimony, that it was so upon the Statute of the 46 of Edward the 3d. wherein it was expressed, That all People should have a Copy of the Record, enumerating several Matters, as well that against the King, as other People, which general Law was still in force. He farther instanced, That the Earl of Strafford had a Copy, the Lord Stafford, and the Lords in 
He urges the Earl of Staffords Case.  the Tower had Copies of their Indictments; and therefore he thought it was never more necessary than for him, whose Charge was so long and so confused: and then offered a Copy of the Statute to the Court.  
To this the Lord Chief Justice replied, That he remembered the Law very well: however, as the Court had denied him a Copy then, so they did still; notwithstanding, they would deny him nothing that was Law. For whereas he had alleged before the Case of Sr. H. Vane, he gave the Prisoner to understand, that it was then the Opinion of all the Judges, that no Copy should be given either of the whole or any part of the Indictment. Which Case he had ordered to be read in Court when his Counsel last moved for a Copy, and thought he had thereby given them full satisfaction; besides that, by the Opinion of all the Judges of England, the Lord Russ●l was in like manner denied a Copy of his Indictment. Nevertheless he had heard his Indictment read in Latin, which was denied to Sir H. Vane, and that therefore the Court had shown him more 
The extraordinary savour of the Court toward him.  savour, than perhaps in strictness they ought to have done. Thereupon he ordered the Clerk to proceed upon the Arraignment, as not becoming the Court to spend time in Discourses to Captivate the People. So that after several Challenges, the following persons were Sworn upon the Jury.  

John Anger  
Richard White  
William Lynn  
Laurence Wood  
Adam Andrews  
Emerie Arguise.  
Josiah Clark  
George Glisby  
Nicholas Baxter  
William Reeves  
William Grove,  
and John Burt.   
Here the Lord Chief Justice gave a caution to the Jury, not to admit any persons to whisper to them, with a Charge to inform the Court if any did so.  
After this the particulars of the Matter in Evidence being first shortly opened by Mr. Dolben, and enlarged upon by the Attorney General, the Witnesses were called, and first of all Mr. West. 
Col. Sidney excepts against Mr. W●st.  Upon whose appearance, before he was Sworn, the Prisoner urged, That Mr. W●st had confessed many Treasons, and therefore desired to know whether he were pardoned or no? alleging that otherwise he could not be a good Witness; But the 
The objection against him not allowed.  Lord Chief Justice declaring, That he knew no legal Objection against him, and that he had been a good Witness in the Lord Russel's Trial, he was Sworn, and gave in Evidence.  
That Captain Walcot came to him in October last, and told him, That the Lord Shaftsbury had designed an Insurrection in November, against which he used some Arguments to dissuade him. That soon after he came to him again and told him, the thing was wholly disappointed, upon which the Earl of Shaftsbury went into H●ll●nd. That about Christmas, Colonel Rumsey told him, There were some Lords and Gentlemen intended to make an Insurrection. That the persons were the Duke of Monmouth, the Lord of Essex, the Lords Howard and Russel, the Prisoner at the Bar, and Mr. Hampden Junior. That sometime after the said Colonel told him, that the said persons had altered their measures, and were resolved not to venture upon an Insurrection in England, till they had a Concurrency in Scotland.  
That Mr. Nelthorp told him, That the Prisoner at the Bar had 
Aaron Smith s●nt into Scotland.  sent Aaron Smith into Scotland, and had given him a sum of Money to bear his Charges, and sent Letters to some Scotch Gentlemen, to invite them to Town. That the Letter bore a Cant of settling business in Ca●olina, that really it was about coming up in order to the Insurrection. That afterwards Mr. Smith returned, and some Scotch Gentlemen. And that Mr. Ferguson gave an Account of that Affair; How that the Scots proposed, That if they might have 30000 l. in ready Money, they would undertake to make an Insurrection in Scotland, without the Concurrence of England; which Proposal he said was agreed to, that the Money would be soon ready, and that Mr. Shepheard would return the Money. That the Arms were ready bought, and that the Earl of Argile would go into Scotland and head the Scots. That 
The Earl of Argile to head the Scots.  when things were thus settled, some difference arose about raising Money; but that at last the Lord Grey offered to raise 10000 l. out of his own Estate, if the rest would pay their proportion. That then the Scots came down to less, but were not complied with. That the places for Rising were Bristol, Taunton, York, Chester, Exeter, London. That there had been some debates whether they should begin at London, or other places, and that at last it was resolved they should begin at London, with the rest of the places. That this was the Account of the Matter in General which he had from Mr. Ferguson; who farther added, That the Prisoner at the Bar, and Major Wildman, were very Instrumental in working of the agreement with the Scots, because 
Mr. Wildman, and the Prisoner at the Bar, instrumental in working of the agreement with the Scots.  they could not agree upon the Declaration to be made upon the Insurrection. For that the English were for a Commonwealth, but that the Scotch Gentlem●n answered it might come fairly to it in time, but that the Nobility there would not agree to it at present. That as to the Prisoner himself, he knew nothing of him in particular, nor did ever speak with him till since the Discovery.  
The next Witness was Colonel Rums●y, who declared, That 
Col. Rumsey gives his testimony.  about the latter end of October, or beginning of November, he was desired by the Earl of Shaftsbury to go to Mr. Shepherds, to know of the Gentlemen that were met there, what was done about the Rising intended at Taunton? Who Answered, That Mr. Trenchard had failed them, and that it must cease for that time.  
That after that, he met several times in March, April, and May, at Mr. west's Chamber, and other places with Captain Walcot, Mr. West, the two Goodenoughs, Mr. Bourn, and Mr. Wade, where they had divided the City into twenty parts, of seven parts of which Mr. Good●nough brought an Account, but said nothing of the other thirteen, because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection.  
Being asked who he met at Mr. Shepherds? He Answered, There was the Duke of Monmouth, the Lords Grey and Russel, 
Who were at Mr. Shepherds.  Sir Thomas Armstrong, Mr. F●rguson, and Mr. Shepheard.  
Being asked who was to manage the Rising? He Answered, That Mr. West, and Colonel Rumsey told him, That there was 
Who were the Council of six.  a Council, which where the Duke of Monmouth, the Earl of Essex, the Lord Howard, Colonel Sidney, Mr. Hambden, and the Lord Russel.  
Here Colonel Sidney pressed the Court to consider whether it were an usual thing to examine Men upon Indictments of Treason concerning him, that he never saw or heard of in his Life? To which when the Lord Chief Justice replied, That all that Evidence did not effect him, and that he likewise told the Jury so, the Prisoner Answered, That however it prepossessed the Jury.  
Mr. Keeling being then called and Sworn, was demanded in 
Mr. Keeling Sworn gives a general testimony.  general, what he known of the Rising to have been last Spring? who declared, That some time the last Summer, Mr. G●odenough came to him, and brought him three Papers numbered on the back side. Of which when the Witness asked the meaning, the other told him that one was for himself, and that he was to deliver t'other two to whom he could trust in the two Divisions. That the Witness asked Mr. Goodenough what the Design was? who said, To raise Men. That thereupon the Witness asked him, whether he Designed a General Insurrection? To which the other replied, That if he did not, if the King was taken off, this would do well, for then the People would know how to have recourse to a formidable Body: Lastly, That he had heard the said Goodenough say, That Colonel Sidney, whom he knew 
Col. Sidney had a considerable part in the Plot.  not, had a considerable part in the management of that Affair.  
The Lord Howard being next Sworn, and desired to acquaint the Judge and Jury, what transactions there had been with the Prisoner about the Affair of a general Rising? declared, That about the middle of January last, it was considered by some of those that met together, That it was very necessary to an Enterprise that had then been long in hand, and at that time fallen 
A Cabal to be set up by the Conspirators.  flat, that it should be revived by some select Cabal, that should be set up to give it Life, and govern its motions. That the first movers of this, for aught he knew, were the Duke of Monmouth, Colonel Sidney, and himself. Where it was farther agreed, That they should think of some few, not to exceed five, or at the most seven. Which agreement being at first between them three, the Duke of Monmouth undertook to engage the Lord Russel and the Earl of Salisbury, and the Prisoner at the 
The Prisoner undertakes to engage the Earl of Essex and Mr. Hambdon.  Bar undertook to engage the Earl of Essex, and Mr. Hambden: who being presently put together, constituted a little Cabal of as many as were intended. That between the middle and latter end of January, as he the Witness was told, the said Persons agreed to enter into a Conjunction of Counsels, and met accordingly 
The first meeting of the Cabal at Mr. Hambden's House.  at Mr. Hambden's House, whither he was also invited. That when he came to Mr. Hambdens' House, which ranges in the same Row with Southampton House, he found there the Duke of Monmouth, the Earl of Essex, the Lord Russel, Colonel Sidney, and Mr. Hambden. That Mr. Hambden took upon him to open the 
Mr. Hambden opens the Sessions.  Sessions, and in his Discourse recapitulated some Design that had been chief carried on before by the E. of Shaftsbury, before that time Dead. He also took notice of the ready disposition of the minds of Men to go on with it, and gave one instance of his Judgement of it; That being a Design Communicated to so many, there had not so much as a whisper gone about it. From whence he took an Occasion to tell the rest, That it was absolutely necessary, that there should be some Council which should be as a Spring, a little to govern the motions of the rest: there being divers things, which if not taken care of by particular persons, the whole would miscarry. That from thence the said Mr. Hambden made a Transition to some particular things which were principally to be taken care of. The time when, the places where, and the persons by whom these things were to be carried on, which lead into a particular consideration of some of those Heads. For the time, that it should be shortly, lest the minds of Men should chill; and then as to the place where, whether in the City or Country, or both jointly; In which some Opinions were given, but not settled to any Resolution, being committed to all their thoughts to Consult of afterwards. They were also to consider what Magazines were to be got, and with what they should be gotten, and that was Money; Upon which there was a considerable sum propounded to be raised: to which purpose the Duke of Monmouth, to the best of the Witnesses remembrance, propounded the raising of twenty five, or thirty thousand Pounds: after which it was considered how this Money should be raised without drawing Observation and Jealousy. That these were the heads then agreed upon to be afterwards considered. But the Resolutions taken at present were, How to make 
A Coalition with Scotland debated.  a Coalition of Counsels with Scotland; for which purpose some fit Persons was to made choice of to be sent thither. That these were the debates of the first Meeting. That about a fortnight or three weeks after, all the same Persons met again, at Southampton-House, at the Lord russel's, where it was warmly urged by Mr. Hambden, though at that time thought unseasonably. That since they were now united into such an undertaking, it could not be expected but that it would be a Question put to many of 
Some things unseasonably urged by Mr. Hambden.  them, To what end all this was, where they intended to terminate, and into what they intended to resolve? That they were Questions which he, meaning Mr. Hambden, met with, and every one would meet with from those Persons, whose assistance was to be expected; and that if there were any thing of personal interest designed, there were but very few of those whose Hearts were with them, but would fall off; and that therefore they were to resolve themselves into such Principles, as should put the Liberties and Properties of the People into such hands, as should not be easily invaded by such as were entrusted with the Supreme Authority of the Land: and that at length it was mentioned to resolve all into the power of a Parliament. That this being propounded 
All to be resolved into the Power of the Parliament, which sounded harsh to some of the rest.  by Mr. Hambden, sounded a little harshly to some of the rest: However, it was consented to, that it was nothing but a public Good which all intended. That after this the Council debated about sending into Scotland, and settling a Correspondency with the Earl of Argile. That other Gentlemen were named, as the Lord Melvin, Sir John Cockram, and the Cambells. Which 
Col. Sidney undertakes to send into Scotland.  being propounded, it was offered by Colonel Sidney, that he would take care of the Person, and that he had one in his thughts, whom he thought to be a fit Person.  
Being asked by the Attorney General what Aaron Smith was to 
The Duke of Monmouth undertakes to bring up the Lord Melvin.  do? the Witness made Answer, That there was no particular deed for him more than to carry a Letter. That the Duke of Monmouth undertook to bring the Lord Melvin hither, because he had a particular dependency upon him; but that to Sir John Cockram, a Letter was to be sent under the Disguise of carrying on some business of Carolina; which Letter as he thought was wrote by the Lord Russel, as being personally known to him, an● none of the rest of the Cabal.  
Being asked to what purpose those Gentlemen were to come up? he Answered, To acquaint them how they found Scotland tempered, and what Opportunities there were of putting them into a Commotion, how Men might be raised, how they would fall under Argile, and also to keep time and place with England. That after this he was with Colonel Sidney when he was going 
Col. Sidney puts a parcel of Guineas in his pocket for Aaron Smith.  into London, at what time he took out about sixty Guineas, as he thought, and put them in his Pocket, which he said were to give Aaron Smith; but whether he gave them or not he could not tell. However, after that he was sent in pursuance of their debate, as Colonel Sidney told him, upon Inquiry, and withal that he had not heard of him but once in three Weeks, when he 
Aaron Smith sent in pursuance of the rebates.  was at Newcastle. That after this, his Occasions called him into the Country, and afterwards he went to the Bath.  
The Lord Howard having thus concluded, the Court demanded of Colonel Sidney, whether he had any Questions to ask the Witness? who replied that he had no Questions to ask him. Upon which the Attorney General replied Silence— You know the Proverb,  
After which Sir Andrew Foster, and Mr. Atterbury, were called 
The Scotch Gentlemen proved to be in London.  to prove that the Scotch Gentlemen came up presently after Aaron Smith was sent; and first Sir Andrew declared, That about the end of the Spring, or beginning of Summer, Sir John Cockram, Commissionary Monro, and the two Cambells, Father and Son came up hither. That he did not see the Senior Cambell, but the Younger he saw upon the Day of the Lord russel's Trial; but that he saw the other two, as he thought, a little before the Discovery.  
Being asked what they pretended to come about? He made 
The pretence of their coming.  Answer, That Sir John Cockram, and Manro, pretended they came about making a purchase in Carolina, and showed him a Commission to that purpose from the Persons said to be concerned in the Design.  
Being asked what became of those Gentlemen upon the rumour of the Plot? He Answered, That Sir John Cockram absconded; but Manro did not; and as for the Cambells, he heard they were seized, changing their Lodgings.  
Then Mr. Atterbury being Sworn, informed the Court, That 
Mr. At●erbury Sworn as to the apprehending of the Scotch Gentlemen.  about the end of June, or beginning of July, he was sent for into Lond●n, upon a Discovery of some Scotch Gentlemen that lay about Blackfriars: but that when he came there, the Common Sergeant had been before him, and found Sir Hugh Cambel, and Sir John Cockram, making an escape into a Boat, together with a third Person, who was committed to the Gatehouse by the Council as soon as brought thither.  
This done, the Attorney General went about to prove, that while the English Emissary was in Scotland, the Colonel at the same time (which would be another Overt Act of Treason) was Writing a Treasonable Pamphlet; to which purpose Sir Philip 
Sir Philip Lloyd Sworn as to the Papers found in Colonel Sidneys House.  Lloyd being first Sworn, declared, That having a Warrant from the Secretary by the King and Council, to seize Mr. Algernoon Sidney's Papers, he went to his House, where he found a great many upon a Table, which he first put up in a Pillowbear, and ●hen in a Trunk, to which he desired the Colonel to put his Seal; but he refusing, he took his own Seal, sealed up the Trunk, and had it carried before him to Mr. Secretary Jenkin's Office. That when the Committee sat, he was Commanded to undo the Trunk, and did so, and found his own Seal upon it, and then took out the Papers out of the bag as he put them in before.  
Being asked whether Colonel Sidney were present when he 
Col. Sidney present when h●s papers were seized.  seized the Papers? He Answered, Yes. And being farther asked whether those Papers shown in Court were some of those Papers?  
He made Answer, That he verily believed it. Being asked when they were seized?  
He replied, Toward the latter end of June last.  
Then three Witnesses were called to prove the Hand to be his.  
Mr. Shepherd Swore, That he was acquainted with his hand, 
Mr. Shepherd called to prove the Colonels hand.  and that he believed the Writing shown him was his hand; for that he had seen him Writ the Endorsement upon several Bills of Exchange.  
Mr. Cary Swore, That he had seen his Endorsement upon Bills, 
Mr. Cary to the same purpose.  and that it was very like what came to him for his hand Writing, and that he believed it to be his hand.  
Mr. Cook Swore, That he had seen several Notes that came to 
Mr. Cook to the same intent.  him with Endorsement of Colonel Sidney's Name, and had paid them, and that it was like the hand shown him; nor was he ever called to an Account for mispayment.  
The Attorney General insisting to have as much read as was necessary to prove the Indictment, the Prisoner desired it might be all read. But the Court made Answer, that Mr. Attorney must have what part he desired, and that he should have what part he would read afterwards.  
Then the Paper was read in these Words:  
There was no absurdity in this, though it was their own Case but to 
The Paper read.  the contrary, because it was their own Case: That is concerning themselves only, and they had no Superior. They only were the competent Judges; they decided the Controversies, as every Man in his own Family doth, such as arise between him and his Children, and his Servants. This Power has no other restriction, than what is put upon it by the Municipal Law of the Country, and has no other force, then as a Man is understood to have consented to it. Thus in England every Man in his degree, has a right of a Chastizing them, and in many places, even by the Law of God, the Master has a Power of Life and Death over his Servant. It were a most absurd folly to say, That a Man might not put away, or in some places, Kill an Adulterous Wife, a Disobedient Son, or an unlawful Servant, because he is Party and Judge. For the Case admits of no other, unless he had abridged his own Right by entering into a Society where other Rules are agreed upon, and a Superior Judge constituted; th●re being none such between King and People. That People must needs be the Judge of things happening between them and him they did constitute: Not that he might be Great, Glorious, and Rich, but that he might Judge them, and Fight their Battles, or otherwise do good unto them as they should direct. In this Sense he is Singulis Major, and aught to be obliged by every Man in his just and lawful Commands tending to the public good; and must be suffered to do nothing against it, not in any respect more than the Law does allow.  
For this Reason Bracton says that the King has three Superiors, Deum, Legem, & Parliamentum: that is, The Power Originally in the People of England is delegated to the Parliament. He is subject to the Law of God as a Man, to the People that makes him King, in as much as he is a King. The Law sets a measure to that subjection, and the Parliament Judges of the particular Cases thereupon arising. He must be content to submit his Interest to theirs, since he is no more than any of them in any other respect then that he is by the common Consent of all raised above any other.  
If he does not like the Condition he may renounce his Crown; but if he receive it upon that Condition (as all Magistrates do the Power they receive) and Swear to perform it, he must expect the performance will be exacted, or revenge taken by those he has betrayed.  
If this be not so, I desire to know of the Author, How one or more Men can come to be guilty of Treason against the King; As Lex facit ut sit reus. No Man can owe more to him than to any other, or he unto every other Man by any R●le but the Law. And if he must not be Judge in his own Case, neither he nor any other by Power received from him, would ever try any Man for an Offence against him or the Law.  
There was much more read, all insisting upon the same Argument, and endeavouring to fix the supreme Power in the People, too long for this Observation; only two short passages must not be left out, which were these, both read by the Clerk of the Crown. That the general Revolt of a Nation from its own Magistrates could not be called a Rebellion. And that the Power of calling and dissolving Parliaments is not in the King.  
The Sheets being shown to the Prisoner, He Answered, That 
The Lord Russ●ls Conviction given in Evidence.  he could not tell what to make of it, to read it in pieces in that manner. And then being asked by the Court, what pieces he would have read? He made this reply, Let him give an account of it, that made it.  
After this the Attorney General said, He had only one piece of Evidence to give more: That he was one of the Accomplices of the Lord Russel, and therefore he would give in Evidence his Conviction. To which purpose the Lord Howard was asked, Whether he was not Sworn as a Witness at the Trial of the Lord Russel? who Ansering, Yes; The next Question was, Whether in those debates, there were any Reflections upon the King that he 
Reflections upon the King's Misgovernment, particularly for imposing upon the City  had broken his Duty? to which the Lord Howard Answered, Not personally upon the King, but upon his Misgovernment, and principally that which they thought was the general disgust of the Nation, their imposing upon the City at that time: which was the thing than complained of, and looked upon as the chief Grievance.  
Then the Copy of the Conviction, being Sworn by Mr. T— to be a true Copy examined by the Original was read.  
Here the Attorney General rested, unless the Jury desired to hear the Words of the Libel read again, which they did not. So that Colonel Sidn●y being now free to make his Defence, desired 
The Prisoner desires to know upon what Statute he was Indicted? Is Answered upon the 25th. of Edward the 3d.  in the first place to know upon what Statute he was Indicted? to which it was Answered by the Attorney General, that he was Indicted upon the Statute of the 25th. of Edward the 3d.  
The Prisoner desired to know upon what Branch of the Statute? It was replied, Upon the first Branch, for Conspiring and Compassing the Death of the King.  
To which the Prisoner replied, That then he conceived, that what came not within that Statu●e, did not touch him; and desired to know what the Witness had Sworn against him upon that Point? the Lord Chief Justice told him, repeating the Attorney General's Words, That he was Indicted upon the Statute of the 25th. of Edward the 3d. which makes it High-Treason to Conspire the Death of the King, and that the Overt Act was sufficiently set forth in the Indictment; the Question was, Whether 'twere proved?  
To which the Prisoner pleaded, That they had proved a Paper found in his Study of Caligula and N●ro, and asked whether that 
He puts a Question as to his Paper.  were Compassing the Death of the King?  
The Lord Chief Justice replied, He should tell the Jury that, 
Aswered by the Court.  and told them that the Point in Law they were to receive from the Court, but whether there were Fact sufficient, was their Duty to consider.  
Then Colonel Sidney undertook his Defence, saying, That since he was Indicted upon that Statute, he was not to take notice of any other. That he was Indicted for Conspiring the Death of the King, because such a Paper was found in his Study. That under favour, he thought that would be nothing to him. For that though Sir Philip Lloyd did ask him whether he would put his Seal to it? He did not ask him, till he had been in his Closet, and he did not know what he had put in, and therefore he told him he would not do it. That then came the Gentlemen upon similitude of Hands: to which he Answered, That it was well known what similitude of Hands was in this Age. That a Person came to him, 
He denies the similitude of hands to be a good proof.  and told him but about two days before, that one came to him, and offered him to counterfeit any hand he should show him in half an Hour; and therefore he had nothing to say to those Papers.  
Then for Point of Witness, that he could not be Indicted, much 
He alleges two Witnesses to the branch to which the Treason relates.  less Tried or Condemned upon the 25th. of Edward the 3d. for that by that Act there must be two Witnesses to that very Branch to which the Treason relates, which must be distinguished. For the Levying of War, and Conspiring the Death of the King, are two different things, distinct in Nature and Reason, and so distinguished in the Statute: and therefore the Conspiring the Death of the King was Treason, the other not. That the 1st. of Edward the 8th. 12th. and 5th. Edw. 6. 11. did expressly say, there must be two Witnesses in either of those Acts. That then there was the Lord Howard, who only spoke of six Men, whom he called a Select Council, and yet Selected by no Person in the World. He desired to know, Who Selected the Lord Howard, or who Selected Him? That if they were Selected by no Body, it was a Bull to say they were a Selected Council. That if they were not Selected, but Erected themselves into a Cabal, than they had either Confidence's in one another, or found they were ne'er able to assist one another in the Design. But there was nothing of all that, for that those six Men were Strangers one to another. That for his part, he never spoke with the Duke of Monmouth but three times in his Life, and that one time was when ●he Lord Howard brought him to the Prisoners House, and cozened them both, by telling the Duke, that the Prisoner had invited him and the Prisoner, that the Duke invited himself, and neither true.  
Now that such Men as those were, hardly knowing one another, should presently fall into a great and intimate Friendship, and trust and management of such businesses as those were, was a thing utterly improbable, unless they were mad. That he found in the Lord howard's Deposition against the Lord Russel, That they were in Prosecution of the Earl of Shaftsbury's Design, and yet acknowledged that the Duke of Monmouth said he was mad, and that he himself said so too: That therefore should they have joined with four more in the Prosecution of the Design of a madman, they must be mad too. Only whether the Lord Howard would have it thought he was mad, because a madman could not be Guilty of Treason, he could not tell. That the Lord Howard in his last Deposition had fixed the two Meetings, one about the middle of January, and the other ten days after; but that now he had fixed the one to be the latter end of January, and the other about the middle of February: and that then he made it to be the Prosecution of the Lord Shaftsbury's Design; but he did not find that any one there had any thing to do with the Lord Shaftsbury; that for his part he had not, neither had he seen his Face in two Years. Then the next thing that he went upon was, That 
The Lord Howard but one Witness.  what ever the Lord Howard were, he was but one Witness. That the Law of God and Man required two Witnesses; So that for one to come and speak of an Imaginary Council, another of a Libel, Written no Body knew when, was such a thing that never could be got over. That if the Law of God were, that there must be 
He pursues his Argument for the necessity of two Witnesses.  two Witnesses to one Fact, there was an end of the Matter, and that under the Judicial Law, the penalty would have been in such a Case to put a Man to Death. That then there were but two things, which if allowed, no Man would be safe for Perjury. The one was to suffer Men to give their Testimony, one to one thing, and another to another, that the fraud could not be Discovered, and the other was to take away the Punishment. That the Punishment was in some measure taken away, and if the other Point were taken away whereby the fraud could not be Discovered, than no Defence could be made. Then he instanced the Story of Susannah, that both Witnesses should be to the same Point; Therefore if there were two Witnesses to prove the Conspiracy, and that those Matters were done in it which were Treason, he was to answer it; if there were not, he presumed 
And desires Council upon the Point.  he needed not say any thing to it; which if it might not be allowed him, he desired Council to argue it.  
To that the Court made Answer, That it was a Point of Fact, 
The Answer of the Court.  whether there were two Witnesses? allowing that one Witness was not sufficient.  
From whence the Prisoner inferring that there was the Lord Howard and never another, the Court admonished him not to make those Inferences; and that the Jury should be told, That if there were not two Witnesses, as the Law required in the Case, they were to acquit him.  
Upon this the Prisoner said, He was Confounded; and pleading 
He expostulates with the Court.  by way of Interrogatories, asked the Court what was a Conspiracy to Kill the King? and whether there were any more Witnesses than one for Levying War?  
In Answer to which the Court bid him not deceive himself, or 
And is answered.  think that the Court intended to enter into a Dialogue with him, but Answer what he could to the Fact.  
To which the Prisoner replied, That then there being but one Witness, he was not to Answer to it at all.  
The Court told him, If he relied upon that, they would proceed to direct the Jury presently.  
The Prisoner continued, That then again for Levying War, there was no Evidence as to that: He Challenged the Lord Howard 
He taxes the Lord Howard of varying in his Evidence.  also, to reconcile what he had said at the Lord russel's Trial, with what he said then. That he had there declared he had said all he could, but that now he had got he knew not how many things, that were never spoken of there: upon which the Prisoner appealed to the Court, Whether he had ever spoken a word of what he said then concerning Mr. Hambden? That he set forth his Evidence very Rhetorically, but that it did not become a Witness, who was only to tell what was said and done; but that he did not tell what was done and said. That he had said they took upon them to consider, but does not say what one Man said, or what one Man resolved, much less what the Prisoner did. That if those things were not to be distinguished but to be jumbled together, he then knew not what to say.  
Here the Court again advertized the Prisoner to Answer the 
The Prisoner put upon it by the Court to bring his Witnesses.  Matter of Fact, or if he had any Testimony to disparage the Witnesses, to produce it.  
Thereupon the Prisoner urged against the Lord Howard, That he had accused himself of divers Treasons, and had no pardon for any, that he was under the terror and punishment of those Treasons. That he had said he could not get his Pardon, till he was past the Drudgery of Swearing. That he owed the Prisoner a considerable 
That the Lord Howard owed him Money.  sum of Money, lent him in time of his great Necessity; and that when his Mortgage was forfeited, and the Prisoner was to take the advantage of the Law, he had found out a way to have him laid up in the Tower. That he came to the Prisoner's House when he was put in the Tower, and in the hearing of the Prisoner's Servants, Swore, as in the presence of God, That the Plot was but a Shame, and that he knew nothing of it. That he would not only have paid the Debt due to the Prisoner by his Testimony, but would fain have got his Plate and other Goods into his hands under pretence of securing them. That he had protested the same thing to Dr. Burnet, as he had done to the Prisoner's Servants; and that when he came to Answer it, he said he was to face it out, and make the best of it he could, which he did bravely against God, but was very timorous of Man. That he had declared at the Lord russel's Trial, That he believed that the Religious Obligation of an Oath did not consist in the formality of applying it to the place, but in calling God to Witness. So that when he called God to Witness before Dr. Burnet and some others, if what he affirmed to them were not consistent with his present Oath, it could not be true, or if he Swore both under the Religion of an Oath, he Swore himself perjured.  
As for Aaron Smith, he had Sworn also that the Prisoner sent him, but that no Body else spoke a word of it.  
As for the Papers, he was not to give any Account of them, 
He urges that as to the Papers similitude of hands was no proof.  nor did he think they were before the Court, in regard there was nothing but the similitude of hands offered for Proof. For this he instanced in the Case of the Lady Car, Indicted of Perjury, for proof of which some Letters of hers were produced, which were contrary to what she Swore in Chancery, and it was proved her hand was like it, but the Lord Chief Justice Keeling directed the Jury, that in Criminal Causes it was no proof at all.  
That as to Sir Philip Lloyd, he thought him to be no Witness, 
He objects against Sir Philip Floyd.  as being the King's Officer, and he being prosecuted at the King's Suit; For which, he urged a Case of a great Minister in France, whose Treasonable Papers being inventoryed by one of the King's Officers, was the reason why they could not be made use of. He added farther, That the Papers were old Ink, and might be written twenty Years ago for aught he knew.  
As for the Consult, it was strange that such Men as they who had no Followers, should undertake so vast a Design, and very unlikely, when they had neither Officers nor So●ldiers, no time, nor place, nor Money for it. That he had spoken the last time of 20 or 3000 l. but no Man knew where it was to be had, only he said the last time it was spoken in Jest. That it was a pretty Cabal, for six Men to meet about a business, and neglect every one of the Points relating to the business they met about, or if any one did speak of it, that it was but in Jest. Descending then again to the Point of the Papers, he began to open the Argument of Filmer's Book, alleging it was a Book of ill Fundamentals, to which those Papers seemed only to be an Answer. But then the Court interrupted him, and admonishing him not to spend theirs nor his own time, asked him whether he owned the Paper? which when he denied, the Court bid him to proceed to that which was pertinent.  
Colonel Sidney insisted that he had several Points in Law, particularly 
He insists upon several Points of Law.  whether Conspiring to Levy War were Treason?  
To which the Court replied, That there could be no doubt in Point of Law, till there were a settlement in Point of Fact, that if he would agree the Conspiracy, they would tell him their Opinions, but that they could give no Opinion in Law till the Point were stated. That the Conspiracy was proved by one Witness, and therefore if he had any thing to take off his Credibility 'twas to the purpose. They also allowed him to have any part of the Papers read, either to execute, or explain the Treason which was imputed to him in the Libel.  
So that at length after several Repetitions of the same Objections, 
He calls his witnesses.  and a long Patience of the Court, Colonel Sidney called his Witnesses. And first,  
The Earl of Anglesey declared, That being in Company with the 
The Testimony of the Earl of Anglesey.  Earl of Bedford, when the Lord Howard came to give him a visit, and to comfort him in his Affliction for his Sons being taken, he told him he was not to be troubled, for that he had a discreet, a wise, and a virtuous Son, and that he could not be in any such Plot, and his Lordship might therefore well expect a good Issue of that business, and he might well believe his Son secure: for he believed he was neither Guilty, nor so much as to be suspected. He proceeded farther, and said he knew of no such barbarous Design, and could not Charge the Lord Russel with it, nor any Body else.  
The Earl of Clare declared, That as for Colonel Sidney, the Lord Howard did with several asseverations assert, after the Colonel 
Of the Earl of Clare.  was taken, That he was as Innocent as any Man breathing, and used great Encomiums in his praise, and then seemed to bemoan his misfortune, which he thought real; for that he believed, never any Man had been more engaged to another, than he was to Colonel Sidney. And upon talking of some Papers that were found, he said he was sure nothing could be made of any Papers of his. And that this was about a Week before the Lord Howard was taken.  
Mr. Philip Howard declared, That when the Plot first broke 
Of Mr. Philip Howard.  out, he used to meet the Lord Howard very often at his Brother's House; and that coming from Whitehall one day, and being asked what News? he told him, That there were abundance of People that had confessed a Horrid Design of Murdering the King, and that their Names were Colonel Rumsey, West, Walcot, and others that were in a Proclamation. That he asked his Lordship what he thought of the Business? to which he Answered, That he was in an amaze. That he advised him to lay hold upon the Opportunity to speak to the discontented Lords, to join in an Address to the King, to show their Detestation and Abhorrence of the thing, as a means to reconcile all things: That the Lord Howard promised him to go about it, but because the Earl of Essex was out of Town, it went off.  
That the next day he met the Lord Howard again at his Brother's House, and being by him asked what News? that he Answered, The Lord Russel was sent to the Tower; to which he replied, Then we are all undone, and desired him to go to the Lord Privy Seal, and see whether he was to be taken up: for that he doubted it was a Sham-Plot, for if it were a True-Plot, he should fear nothing. That he refused to go, not thinking it probable that his Lordship would resolve him such a Question; but that he farther asked him, If he were not Guilty, why he would have him go? to which the Lord Howard replied, Because he feared 'twas no True-Plot, but a Plot made upon them, and therefore no Man was free.  
That he met him a third day at the same place, and found him very melancholy, and that ask him the reason? he Answered, Because Colonel Sidney was taken. Upon which he asked him again, Why he was not troubled the Day before for the Lord Russel, who was of his Blood? he replied, Because he had that particular Obligation from Colonel Sidney, that no one Man had from another.  
Dr. Burnet declared, That the Day after the Plot broke out, 
Of Dr. Burnet.  the Lord Howard came to see him, and upon some Discourse of the Plot, with hands and eyes lifted up to Heaven protested, He knew nothing of any Plot, believed nothing of it, and said he looked upon it as a Ridiculous Thing.  
Joseph Ducas declared, That the next Day after the Colonel 
Of Joseph Ducas.  was taken, the Lord Howard came to the Colonel's House, and asked him where Colonel Sidney was? that he replied, He was taken by an Order of the King; to which his Lordship cried, O Lord what is that for! That he advised him to carry all the things out of the House where they might b● safe. That he came again about seven a Clock at N●ght: and that then he told his Lordship of the Report of a Plot to Kill the King and the Duke, and of a general Insurrection, and of Colonel Sidneys sending into Scotland; to which the Lord Howard replied, God knows, he knew nothing of all that, and that he was sure, had Colonel Sidney be●n concerned in the Mat●er, he would have told him something, but he knew nothing.  
The Lord Paget declared, That the Lord Howard was with him 
Of the Ld. Paget.  presently after the breaking out of the Plot, and that he told him he was glad to see him abroad, and that he was not concerned in the Disorder: to which he replied, That he had joy from several concerning it, and he took it as an injury, for it looked as if he were Guilty, but that he knew nothing of himself, or any Body else; and that though he were free in Discourse, and free to go into any Company, yet he had not seen any body that could say any thing of him, or give him any occasion to say any thing of any body else.  
Mr. Edward Howard declared, That as soon as the Plot broke 
Of Mr. Edward Howard.  out, the Lord Howard having a great Intimacy with him, he expressed a great detestation and surprising in himself to hear of it, and assured him under great asseverations, that he could neither accuse himself, nor any Man living. That he told him moreover, That there were certain Persons of Quality whom he was very much concerned for, that they should be so much reflected upon, or troubled, and condoled their Condition very much, both before and after.  
That upon Discourse at another time (which he had omitted at the Lord russel's Trial, by reason of the reproof that was accidentally given him) upon Discourse of the Plot, the Lord Howard assured him. That it was certainly a Shame, even to his knowledge, too black for any Minister of public Employment to have devised, but that it was forged by People in the Dark, such as Jesuits and Papists, and that it was in his Conscience. That thereupon he advised him to make an Address to the King under his hand to testify his abhorrency of the Thing. Then being asked by his Lordship to whom he should apply himself, he pitched upon the Lord Hallifax, and going to him, told him, that the Lord Howard was willing to set it under his hand, his detestation of the Plot, and that there was no such thing to his knowledge: but that upon the Lord russel's being taken, the thing was laid aside.  
Mr. Blake declared, That about six Weeks since, the Lord Howard 
Of Mr. Blake.  sent for him to come and see him. That he went upon Discourse of News, he told the Lord Howard, That he heard no body had their Pardon, but he that first Discovered the Plot; to which the Lord Howard Answered, No; but that he had a Warrant for it, and that he had their Word and Honour for it, but he would do nothing in it, till he had farther Orders. That he heard nothing of it, and could Ascribe it to no other Reason, but that he must not have his Pardon till the drudgery of Swearing was over.  
Grace Tracey declared, That the Lord Howard protested he 
Of Grace Tracy.  knew nothing of a Plot, and that he was sure Colonel Sidney knew nothing of it; And farther added, That if he had known any thing of it, he must needs have known of it, for that he knew as much of his Concerns as any one in the World: and took God to Witness of his Protestation.  
Elizabeth Penwick declared, That the Lord Howard asked for 
Of Elizabeth Penwick.  him? and they said he was taken away by a Man to the Tower for a Plot; upon which he took God to Witness, that he knew nothing of it, neither did the Colonel; but said it was only Malice, desiring withal that the Colonel's Plate might be sent to his House to be secured.  
Then one Mr. Wharton stood up, and offered to the Court, that 
Mr. Wharton offers to imitate the hand.  if the sheets might be shown him, he would undertake to imitate them in a little time, that they should not know which was which.  
Then the Prisoner proceeding to his Defence, set forth, That 
The Prisoner proceeds in his defence. He argues upon the Statute of the 25th. of Edward the 3d.  there was a large Complication of Crimes laid to his Charge. That he understood they were under the Statute of the 25th. of Edward the 3d. That the Statute had two Branches, one relating to War, the other to the Person of the King. That that which related to the Person of the King, made the Conspiring, Imagining, and Compassing the Death of the King to be Criminal. That the Branch concerning War was not so, unless it were levied. That he could not imagine to which of the two they referred his Crime; For that to say that a Man did meet to Conspire the King's Death, and for him that gave the Account of the business not to say one word of it seemed extravagant.  
For that Conspiracies had always their Denomination from that Point to which they tended. That the King had two Capacities Natural and Politic: that the Politic could not be within the Statute, for in that sense he never died; so it was absurd, to say it should be a fault to Kill the King who never died. That then it must be understood in the Natural Sense, which was to be done either by Sword, Pistol, or other violent way. So that if there were not one word of this, than it was utterly at an end, though the Witness had been good.  
That as to the Point of Levying War it was made Treason, so it 
He argues as to the Point of Levying War.  were proved by an Overt Act, but that there never was an Overt Act, or could be pretended in his Case. So that if the War were not Levied, it was not within the Act. Therefore in his Case it was employed, it was first imagined, that he intended to raise a War, and then it was imagined that that War should tend to the Destruction of the King, which though it might follow, was neither Natural or Necessary, and so could not be so understood by the Law. That therefore it was two distinct things to make War, and ●o endeavour to kill the King; and that as there was no manner of pretence that he should endeavour to Kill the King directly, so it could not be by Inference, because it was Treason under another Species. Upon which he cited the Lord Colce, who says it is the Overthrow of Justice to confound Membra Devid●ntia. From whence he argued, That if the making of War could not be understood to be a Conspiring the Death of the King, that then he was not Guilty of the Indictment; but in his Case there was neither Conspiring the Death of the King, nor making War, nor Conspiring to make War: besides that, the Law required two Witnesses.  
That as to the business of Aaron Smith, the Lord Howard told 
The business of Aaron Smith conjecturally and implecitely Sworn.  it so imperfectly, and so merely conjecturally, that there was nothing in it but his Rhetoric to set it out; for that he never told by whom it was Writ, nor what was in it, or whether it were delivered or no. And whereas it was urged that the Scotch Gentlemen came to To●n, he professed he never heard of their Names till they were named to him in the Tower.  
That as to the Papers, if any thing were to be made of them, 
His Plea in reference to the Papers.  they were to produce the whole, for that it was impossible to make any thing of a part of them. But though some Papers were found in his Study (though it were a Question whether they were found there or no, or whether they were not Counterfeit) yet the hand was such as showed they had been Written many Years. He then put it to the Court by way of Question, If any body had found Papers in his own hand or another's, that were not justifyable, whether that were Treason? whether that imagined the Death of the King? And if e●er any Man could say he ever publish● a Sheet in his Life, he would submit to punishment.  
Then he asked what Concatenation those Papers could have with 
His Plea as to the Council of six.  the Select Council, Selected by no Body, to pursue the Design of the Earl of Shaftsbury? Then what was it to do? This was nothing by the Testimony of the Witness, were he Credible, he said, but a few Men talking at large what might, or what might not be; what was like to fall out without any manner of Intention, or doing any thing. That they did not so much as inquire, whether there were Men, Arms, or Ammunition. That it was a War to be made by five or six Men not knowing one another, nor trusting one another: for which he instanced Dr. Cox', Evidence at the Lord russel's Trial.  
Something more he said to the same purpose, but concluded as to this Point, that the Court was not to make any Constructive Treasons, but to go according to plain proof; Constructive Treaons' belonging only to the Parliament, as by the immediate Proviso in the Act, and by several other Acts of Parliament appeared. And therefore he thought it impossible for the Jury to find the Matter: for that the first Point was only proved by the Lord Howard, who as he thought was no Body, and the last concerning the Papers, was only imaginary, from the similitude of Hands.  
The Prisoner having thus made his Defence, the Solicitor General summed up the Evidence, and answered all the Prisoners Objections with that Learning and Eloquence, that nothing could be more convincing.  
When he had done, the Prisoner offered again to have spoken to the Court; but it was told him, that after the King's Council had concluded, the Prisoner was never admitted to say any thing more. And then the Lord Chief Justice told the Jury in particular, That what the Prisoner had said, that was not proved; and what the King's Council had said, of which there was no proof to make it out, was not to be taken into any Consideration.  
Then the Solicitor General desired one word more as well for 
The Solicitor General's request to the Court, in his own and Prisoners behalf.  his own as the Prisoners Sake; That if he had said any thing that was not Law, or misrepeated, or misapplyed the Evidence that had been given, he made it his Request to the Court to rectify those Mistakes, as well in Point of Fact, as in Point of Law.  
This done, the Lord Chief Justice delivered his Charge to the 
The Lord Chief Justice delivers his Charge to the Jury.  Jury, which was so full and so clear, that after he had concluded, the Jury withdrawing, stayed no longer then about half an Hour in Consultation; and then returning, brought the Prisoner in Guilty.  
Upon Monday, November the 26th. Colonel Sidney was again 
He is brought to receive Judgement.  brought up to the Bar of the Kings-Bench to receive his Sentence, and being asked the usual Question? He Pleaded first,  
That he conceived he had had no Trial, for that he was to be Tried by his Country, but he did not find his Country in the Jury that Tried him, in regard there were some of them that were not Freeholders; and therefore if he had had no Trial, there could be no Judgement.  
To which the Court replied, That it had been the Opinion of all the Judges of England in the Case last proceeding his, that by the Statute of Queen Mary, the Trial of Treason was put as it was at Common Law, and that there was no such Challenge at Common Law.  
He then desired a Day and Council to argue it; but it was told him, It was not in the Power of the Court to do it.  
He then desired the Indictment might be read again, which being done, he urged that it was void, because it deprived the King of his Title of Defensor Fidei, which was Treason by the Law. But the Court did not think it a material Objection.  
He urged there was no Treason in the Papers, and nothing proved of them: to which it was answered, That there was not a Line but what was Treason.  
Next he desired that the Duke of Monmouth might be sent for, and offered to acknowledge what ever they pleased, if he would say there was any such thing as a Design, or knew any thing of it.  
But it was told him that was over, since he had been Tried for the Fact. Upon which he put forth these words, If you will 
He gives Offence to the Court.  call it a Trial; which was ill-resented by the Court, as if he went about to Arraign the Justice of the Nation.  
Then he complained that the Jury were not summoned by the Baliff, but were agreed upon by the under Sheriff and others, and asked whether that were a good Jury? to which the Court made Answer, That they could take notice of nothing but what was upon the Record, and it appeared that the Sheriff had made his return.  
What he alleged more, was nothing but what he had urged 
The Court pronounces Judgement.  in his Defence upon the Point of Constructive Treason; So that the Court proceeded to Judgement, which was given accordingly. Which Sentence being afterwards mitigated by His Majesty's Grace and Favour, he was upon— the— Day of— carried from the Tower of London, to the public Scaffold upon 
Col. Sidney beheaded.  Tower-Hill. Where after a very short Preparation, with little or no Ceremony, he laid himself down, and had his Head struck from his Body by the common Executioner.  
Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech, in which he was so fa● from Repenting for the Crime which he suffered, that he rather justified himself by complaining of the rigour of his Trial, and broaching those very Opinions to the subversion of Monarchy, which were the Subject of those Treasonable Papers for which he was in part Condemned. But the Speech has been Printed, and therefore there needs no Repetition of a Matter so scandalous.  
On the other side the Lord Brandon, Mr. Booth, Major Wildman 
The Lord Brandon, Mr. Trenchard, and several others discharged.  Mr. Charleton, and Mr. Trenchard, and some others that were Bailed the last Term, were then fully Discharged.   

THE Charge and Defence OF John Hambden, Esq;  
THE 6th. of February, 1683. Term. Sancti Hillar. John Hambden was Tried before the Lord Chief Justice Jefferies, upon an Indictment of High Misdemeanour, for contriving and practising to disturb the King's Peace, and stirring up Sedition in the Kingdom.  
The stress of the Evidence against the Prisoner, was upon the 
The Lord howard's Evidence. The first Meeting.  Lord howard's single Testimony; who Swore, That about the middle of Janua●y, in the Year, 1682/3. The Council of Six, of which Mr. Hambden was one, met at the Prisoner's House, where they received from his own Lips, a general hint and intimation of the ends of their Meeting, which were to consult and advise one with another, how to put things into a better Method, and posture than formerly. That the Questions were started severally: while one spoke of the time, when it should be, whether now, or when? Another whether to be begun in the City or the Country, or both together? what Persons to be prepared in the several Countries to be assisting in it that were probable to carry it on? what Money should be raised? and that lastly it was concluded at the same Meeting, That there should be a Concurrence and Correspondency with Scotland, that so Diversions might be given both at home and abroad at one and the same time.  
That about a fortnight after there was another Meeting at the 
The second Meeting.  Lord russel's, where the Prisoner was also present; where they came to a Resolution, that some body should be sent into Scotland, upon which Colonel Sidney propounded Aaron Smith, which was consented to by Mr. Hambden, and the rest of the Company.  
To prove the Credibility of the Lord howard's Testimony, he 
Aaron Smith sent into Scotland.  Swears the Circumstances of Aaron Smith being sent into Scotland, which was Corroborated by the Innkeeper of Newcastle, at whose House he lay, and where he hired him a Guide to carry Aaron Smith the next way into Scotland; who also knew Aaron Smith again, when he saw him at the Council-Table.  
The next Circumstance was this, That the Scotch Gentlemen did come to London, under pretence of a purchase in Carolina.  
This was made out upon Oath by Sir Andrew Foster, and Mr. 
The Evidence of Sir Andrew Foster, and Mr. Atterbury.  Atterbury. The first had seen Sir John Cockram, Mr. Monro, and Cambel the Son. The second Swore, That Sir Hugh Cambel, Sir George Cambel, Bayley, and some others were taken in Blackfriars: and that he took the rest in a cunning Hole in Moorfields, who were afterwards sent Prisoners into Scotland,  
Thus the sum of the Evidence against the Prisoner was a Consultation in Order to the raising of Men to infest the Government. 
The sum of the Evidence.  A Discourse concerning the raising of Money and Arms for that end: the places where, and the time when: and the Conciliating a friendship with some discontented Persons in Scotland, to join with the Conspirators in England.  
To this the Prisoner by his Council Mr. Williams made Answer, 
Mr. Williams answers for the Defendant.  That whereas the Lord Howard was positive and particular as to some things in reference to Persons, Places, and Times, yet in what most effected the Defendant, he was not any thing like positive as to the times of. the Meeting, but only that it was about the middle of January, and the beginning of February. And thereupon he made this Observation, That since the Evidence would not be particular as to the Time, it might be apprehended that he gave himself a little lose, that he might not be contradicted in that Circumstance.  
2. That the Witness were particular as to many Facts and Things relating to the Lord Shaftsbury, where he Name's other particular Persons and Discourses, yet he had not made use of any one Circumstance of Fact in the Case of the Defendant, save only that of Aaron Smith.  
In the next place it was urged, That in regard there were other Witnesses before, and beside the Evidence, to the Discovery of the Plot, it concerned the Lord Howard to give a home Evidence in the Case, or else he could have no expectation of his Pardon; and that therefore he was concerned perhaps to strain, that he might make such a Discovery as might answer his end; which the Counsel supposed would Naturally arise out of this Case, since it was something long before he got his Pardon, but that now he had it.  
After this, several Persons of Quality were produced, to prove the Lord howard's denial of a Plot, that he knew of none, and believed the whole thing a Contrivance.  
Others were called, to prove Mr. Hambden a Person of a retired 
To prove the Prisoners Conversation.  Life, addicted to his Studies, free from Turbulence, and meddling in business, and of great esteem, respect, and duty, which he always expressed for the King and the Government.  
This being done, the Lord Chief Justice himself made a most 
The Lord Chief Justice summing up the Evidence.  elaborate Recapitulation of what had been offered in Evidence by the King's Council, and what the Council for the Prisoner had objected against it. Which Objections, though it were Confessed, that they were Ingeniously made by Mr. Williams, for the advantage of his Client, yet were they all cleared by the Lord Chief Justice with that satisfaction as he went along, both to the Court and all that heard him, that the Jury returning within half an Hour after they withdrew from the Bar, brought in the Prisoner Guilty of the Trespass and Misdemeanour whereof he was Indicted.  

The JURY Sworn were these:  
Sir Charles Gerard, Bar.  
Roger Jennings, Esq;  
H●nry Hodges, Esq;  
Thomas Harriots, Esq;  
Thomas Earsbie, Esq;  
William Avery, Esq;  
John Sharp, Esq;  
Charles Good, Esq;  
Samuel Rouse, Esq;  
Hugh Squire, Esq;  
Nehemiah Arnold, Esq;  
John Bifi●ld, Esq;   
Upon the 12th of February, the Attorney General moved for Judgement upon this Conviction; upon which the Prisoner being ordered to come into Court, the Judgement of the Court was, That a Fine of 40000 l. should be set upon him, that he should be committed till he paid it, and that he found Sureties for his good behaviour during Life. Then Mr. Williams prayed his Bail might be Discharged, which was agreed, he being Committed. And for the High Treason it was concluded that ●he was Discharged by the Habeas Corpus Act, there being no Prosecution.   

The Charge and Defence of Laurence Braddon, and Hugh Speak, who were Tried at the Kings-Bench-Bar, the Seventh of February, 1683.  
THEY were both Charged together upon an Informamation, That they Conspired together, to make the 
The Charge in general.  People believe, That whereas the Earl of Essex Murdered himself, and so it was found by the Inquisition, yet that Inquisition was taken unduly, and irrigularly obtained, and that they did Conspire to procure false Witnesses to make these things out.  
There was a third thing Charged upon Braddon, That he went about by Papers and otherwise to publish it, that he was a Person employed to Prosecute the Murder of the Earl of Essex.  
For the Information itself there was this Evidence, first Mr. 
The ●eads of the Information.  Evans Swore, That he had heard at the Customhouse from the Father of the Boy, as though there had been a Report came to him from home at ten that Morning, upon which the Earl of Essex had cut his Throat, of a Razor thrown out of the Earls Window; and that in the Afternoon he came to him again, and told him, he had examined the Matter farther, and his Boy had confirmed the Truth of it. Farther the same Mr. Evans Swore, That after this, Mr. Braddon and one Hatsal, came to the place where he was in Essex, at what time Hatsal took out of his Pocket a Printed Copy of the Inquisition, and then Mr. Evans said something about the Report he had heard, which seemed to contradict the Inquisition. That some time after being at a Coffeehouse, Braddon and Edwards came to him, and there they began to talk, and Edward's said, that Braddon had been with his Child to examine him, to bear Testimony about flinging the Razor out of the Window, upon the Report which the Boy had made out: upon which he advised them to forbear talking any farther about the Matter, for that it might do Braddon and Edward's both an Injury.  
Edward's Swore, that he heard the Report first from his Family, 
Edwards' Evidence.  and that afterwards the Boy confirmed the Truth of it; but afterwards he heard the Boy had denied it, which was after Braddon had been there to inquire concerning it. Then he Swore that Braddon came to him again, and that then he had got a note dictated by himself, and not by the Boy, which being tendered to the Boy, the Boy refused to put his hand to it. Upon which Mr. Braddon came again another time, though he was told, the Boy had denied it, and then the Boy did set his hand to it. Withal he said, the Boy was used to tell Lies very often, which his Family told him also, and that more especially to make Excuses when he played Truant.  
The Boy being put upon his Oath, with all the tenderness and 
The Boy upon his Oath.  admonitions that could be used, Swore positively, That he told his Mother and Mr. Braddon, what he had Reported concerning the Razor was true at first; but when his Sister bid him be sure to tell nothing but what was Truth, than he said, Truly it was not Truth.  
He farther Swore, That Mr. Braddon offered him a Paper to Sign, but he would not Sign it: and being asked the Question why he would not? He Answered, Because it was not true: and being asked whether Braddon had notice of this, both the Mother and Sisters all Swore, That Braddon had notice that the Boy had denied it. The Boy denied also upon his Oath, That he had ever said, He was going to see the Lord Gerard of Brandon's Lodgings, though Braddon had put it into the Paper which he made him Sign.  
He farther Swore, That Mr. Braddon came to him a second time, after he had refused, and that then it was that Mr. Brandon imposing upon him, and pretending there was no harm to him, but that if there were, it would redound to Braddon himself, he was then prevailed upon to put his Name to that which was notoriously false.  
Dr. Hawkins' Son of the Tower deposed, That he likewise 
D. Hawkins his Son's Testimony.  played Truant that Morning; that upon the Report of the Earl of Essex's having cut his Throat, he went back to the Tower, and was there a considerable time gaping among the People, and that he saw Edwards' Boy there, that he was there all the time he was there, that they went out of the Tower together, and that there was no such thing, nor any grounds for such a Report.  
Mr. Brathwayt, who was present when Mr. Braddon was before 
Mr. Brathwayt.  the King, deposed, That the Boy and the Girl were fetched and all Persons examined, and that after this it was told him, That all that the Boy had said was false, and by his Faith it was a Lye. That Braddon confessed he would have got some Justices of the Peace to have examined the Boy, and to that purpose applied himself to Sir Robert Clayton, and Sir John Laurence, but because they would not do it privately, he would not let them do it at all.  
That the right Words of one of the Sisters being examined before the King, to the best of his remembrance was, That Braddon compelled the Boy to Sign it.  
Mr. Monstevens deposed, That Mr. Braddon came to him, and showed him the Boys Information, which he read, and thereupon by way of caution told him, That he wondered Sir H. Capel did not appear in a Matter of that Moment! To which Braddon replied, That Sir H. Capel was ill, and could not come himself. But being told that Sir H. Capel was not so ill, but that he had been with the Earl of Sunderland and the King too, since the Death of the Earl of Essex, he made no Answer, only that he did it out of the Duty he owed to the Memory of the Lord of Essex.  
Sir H. Capel upon Oath declared, That Mr. Braddon came to 
Sir H. Capel.  him, to tell him he had some Discovery to make concerning the Death of the Earl of Essex; to whom Sir Henry replied, That if he had any thing of that Nature, he should go to a Secretary of State.  
Mr. Beech being Sworn, deposed, That when he was seized in 
Mr. Beech's deposition.  the Country by the Warrant of one Mr. Airs, there was found about him severel Informations of his own contriving, as of Edwards' Boy, of the little Girl Lodeman, a L●tter from one Burgess a Pinmaker in Marleborough to the Postmaster of Froom, to this effect: Pray call to mind such a business of a Report of my Lord 
The substance of Burgess' Letter.  of Essex's cutting his Throat, upon Friday the 13th. of July last. Pray recollect yourself, and impart it to this Bearer.  
In this Letter it appeared, That Mr. Burgess had put it in his Letter the 6th. of June; but upon Mr. Braddons telling him that he had mistaken, it must be the 13th. the same Burges' accordingly interlined the 13th. of July, to make it humour the Story.  
Against Mr. Speak there was no other Evidence than the Letter 
Speaks Letter.  which was taken out of Braddons Pocket in the Country, directed to Sir Robert Atkins, and by Mr. Brathwayt Sworn to have been owned by Mr. Speak himself before the King and Council.  
The substance of which was, That Braddon, a very Honest Gentleman, the Prosecutor of the Murder of the Earl of Essex, had made a considerable Discovery of it, notwithstanding the hard stream he ran against. That he had sent him his Man, for fear he should be stabbed, or knocked in th● head in those Parts, and desired Sir Robert' s advice how he should proceed, admonishing him withal, to call him by the Name of Johnson. Then going on in the first Person Plural, we hope, said he, to bring on the Earl of Essex's Murder to a Trial, before th●y can any of th●se in the Tower, etc. We labour under many difficulties, as the Tide runs at present, etc.  
To this the chief of Mr. Speaks Defence was, That he wrote the Letter at such a time at Night, after he had been at the Tavern, 
His Defence.  that he knew not well what he wrote. That he knew nothing but what he had from Braddon, and that he was not otherwise concerned, or knew any of the Matter. So that the Lord Chief Justice left it to the Jury, whether they believed he had written the Letter with a Design to have the Lie spread abroad, for that then he was as guilty in every Circumstaace as the other, as to the Design in general laid in the Information; though not equally guilty about the management. For Braddon several Evidences were called, who were all examined by Braddon himself.  
Lewis asserted, That one day as he was going up a Hill near Andover, he heard the News of the Earl of Ess●x's cutting his Throat, and said it was upon a Friday, but what Week or Month it was, only that it was in Summ●r, he could not tell.  
F●ilder being called, asserted, That at Andover, the Wednesday before the Earl Murdered himself, it was all the talk of the Town, that he had cut his Throat, and that it was all the talk of the Town at that time, though the F●ct were not committed till Friday; but could not remember the Name so much as of one Person, though the Town were so full of People.  
Mrs. Edward's being called, asserted, That when Braddon came first to enqu●re about the Boys Report, they were a little startled; 
Mrs. Edward's the Mother.  that thereupon the Daughter went to the Boy, and told him such a Person had been there about such a thing, and bid him speak the Truth. Why? says the Boy, Will any harm come of it? I can't tell, said she, but tell you the Truth. Then said the Boy, All the Story is false.  
The Daughter, young Mrs. Edward's, affirmed the same thing, That the Boy did tell them such a Story at first, but that afterwards 
Mrs. Edward's the Daughter.  he affirmed it was all a Story, and merely his own Invention.  
Being asked by Braddon, whether she did not frighten him, by threatening his Father would be turned out of his place? she Answered, No; being upon her Oath.  
Jane Loadman being Sworn, deposed, That she saw a hand throw a Razor out of a Window, but she could not tell what Window 
Jane Loadman.  it was; presently after which she heard either two shrieks or two groans, she could not tell which. That there were a great many people there, who could not choose but see the same: but the people she did not know.  
Being asked whether the Razor were thrown on the inside of the Pales, or the outside? she Answered, The outside, in contradiction to the Boy who had said the inside. Then again having Sworn in Braddons Examination, That she saw the Razor thrown out of the Lord of Essex's Lodgings, she denied in Court upon her Oath, that she knew where his Lodgings were. In her Information she affirms she heard, Go fetch up the Razor. In Court she Swore, She heard no Soldier speak at all. And all this done in open Day when there were abundance of People there, though she could not tell any particular Body. Upon which the Lord Chief Justice made this Remark, That it was strange, that out of a hundred People, which if the Girl said true, were there, Braddon could not satisfy himself to inquire after some of them, but must pick up a Child of thirteen Years of Age, to practise upon in that villainous manner.  
Moreover, by the Account which C. Hawley gave of his House, it was impossible that the Girl could see a Coach at the Door: it was impossible there should be a Crowd of people in the Yard, because the Sentinel that stood at the Door must have seen all that past in and out: and besides, the Pales were so high, that nothing could be fling over, that could easily be discerned.  
Mrs. Barton deposed, That Braddon did engage the Boy at Mrs. 
Mrs. Barton.  Edwards' House to tell Truth, and put him in mind of the 5th. Chapter of the Acts: but observing that after he had so talked thus to the Boy, he was going to take Pen, Ink and Paper, and fearing to be drawn in for a Witness, she went out of the Room.  
Then Glasbrook being called, who had set his Hand to Loadman's Examination or Information, it was proved upon reading 
Will. Glasbrook.  the Information to be no more, then that the Girl should say, That after the Earl of Essex had Murdered himself, he fling the Razor out at Window; as if after he had been his own Executioner, he had got to Life again, and threw away the Instrument with which he did the Fact.  
Then Smith a Barber being called, spoke much to the same effect.  
Upon the whole, the Lord Chief Justice so clearly displayed the Contradictions of the Testimony, and the Improbability of the Circumstances, and so plainly traced them through all their Obscurities and Ambiguities, that the Jury found Braddon guilty of the whole Matter Charged upon him in the Information, and Mr. Speak guilty of all, but Conspiring to procure false Witnesses.  
Thereupon the Court set a Fine of 2000 l. upon Mr. Braddon, with Order to find Sureties for his good Behaviour during Life, and to be committed till the same be performed.  
Upon Mr. Speak they set a Fine of 1000 l. with the same Order for Sureties and commitment.   

The Charge and Defence of Sir Samuel Barnardiston, Tried for High Misdemeanour the 14th. of February, 1683. before the Right Honourable the Lord Chief Justice Jefferies, at the Sessions of Nisi Prius for the City of London, after the Term.  

The Names of the JURY were:  
Thomas Vernon  
Percival Gilburn  
Edward Bovery  
William Withers, Sen.  
James Wood  
Robert Masters  
Samuel Newton  
George Torriano  
Kenelm Smith  
Thomas Goddard  
Thomas Amy  
Richard Blackburn.   
THE Information against the Defendant was, for Scandalising 
The Information and substance of the Letters.  and Vilifying the Evidence in the last Horrid Plot, which he did in several Letters, in one of which he Related the great Favour into which the Duke of Monmouth was returned: and seemed to Triumph, that all the Prisoners that were in the late Shame Protestant-Plot, were Discharged upon Bail, that Braddon was not Prosecuted, that the passing Sentence upon the Author of Julian, etc. and the Printer of the Lord russel's Speech were passed over in silence, etc.  
To which he added these Expressions: 'Tis generally said the Earl of Essex was Murdered. The brave Lord R●sse● is afresh lamented. The Plot is lost here, unless you can find it in the Country among the Addressers and Abhorrers. That ●he High Tories and Clergy were mortified, and Sir George ●as grown humble.  
This was the substance of the rest of the Letters, with some alterations of Words.  
To prove him the Author of the several Letters, Mr. Brathwayt 
Mr. Brathwayt.  was Sworn, who deposed, That Sir Samuel, upon the 10th of December, before the King and the Lords of the Council, owned three of the Letters to be of his own hand writing. Being asked whether Sir Samuel said they were published by him, or sent to any person? the Witness Answered, That he did not deny but that he had published and sent them.  
Mr. Atterbury being Sworn, deposed, That he owned three of the Letters to be written by him: and that being asked by His 
Mr. Atterbury.  Majesty who subscribed them? he Answered, They were subscribed by one of his Servants, and so ordered to be sent to the Posthouse.  
Mr. Osland being called and Sworn, deposed, That he wrote one of the Letters out of a Copy, given him by Sir Samuel, as he 
Mr. Osland.  was his Servant, to go down into the Country to Sir Philip Skippon.  
The same Witness being asked what became of the Letters after they were subscribed? made Answer, That he believed they all went to the Posthouse.  
To this Mr. Williams of Counsel for the Defendant pleaded, That there was no proof of Sir samuel's publishing the Letters, only what Mr. Brathwayt said, That he did not deny the publishing of them, and what Mr. Atterbury said, That Sir Samuel should say they were sent to the Posthouse. Upon which Mr. Williams put it to the Court, Whether if a Gentleman writes a Letter to a private Friend, that was a publishing of a Libel? neither was Sir samuel's Servant positive as to the Letter which he Copied, whether he delivered it back to Sir Samuel or no, or whether he delivered it in at the Posthouse, but only as he believed.  
Then it was urged that there was no Evidence given about his Malice. To which the Lord Chief Justice replied, That the thing was Evidence of itself; For that if any person wrote Libels, or published any Expressions which in themselves, carried Sedition and Faction, and ill will to the Government, they could not be otherwise expressed in his Accusation, then by the words Maliciously, Seditiously, and Factiously; and the very proof of the thing itself, proved the Evil Mind wherewith it was done.  
Then as to the first Objection about the writing and publishing, it was delivered as the Judgement of the Court, that there was as full and plain proof of the dictating and writing of the Letters, as could be made.  
Then as to what Mr. Williams objected against the publishing it, was asked him, whether it were not very absurd, to think that such a person as Sir Samuel, should take such a wonderful deal of pains and care to write such a deal of Malicious Factious Stuff, give them his Man to Copy out, subscribe and seal them to carry in his Pocket. Besides that, they were directed to Persons where Sir Samuel was known to have a Correspondence: and farther, the purport of the Letters, which was, To desire their Friends to bestir themselves, to get in sober Men, and to be sure to keep the sober Party up, spoke in its own Nature, that the L●tters were intended and written with a Design, that they should be Communicated.  
In short the Proof was so full, and the Defence so weak, that the Jury gave in their Verdict without stirring from the Bar, and found Sir Samuel Barnardiston guilty of the Offence and Misdemeanour charged upon him in the Information.  
The Sentence of the Court was, That he should pay to the King a Fine of 10000 l. and to find Sureties for his good Behaviour during Life, and to be Committed till the same be performed.   

The Narrative, Arraignment, Condemnation, Confession and Execution of James Holloway.  
UPON the 21st of April, 1684. James Holloway was brought by Habeas Corpus from Newgate, there to show cause why Execution should not be awarded against him, upon an Outlawry for High Treason against him.  
This James Holloway being deeply concerned in the Plot, upon the first Discovery had made a shift to make his Escape in a small Vessel which he hired for 20 l. per. Month, from Bristol to Rochel; where having loaden his Vessel with Brandy and other Goods, he Sailed away for Barbados: but understanding there that his Name was in the Gazett, he hastened to Antego; but neither thinking it safe to lie long there, he resolved to visit the Charibdee Islands, and so went down to Montferrat, Mevis, St. Christopher's, Sancta-Estatia, and Anguilla, and so back again to St. Christopher's, which he supposed to be the safest place, as being unknown to any there. Where after he had stayed three Weeks, he wrote to his Factor in Mevis, to even his Accounts, who upon receipt of his Letter Discovered him. So that Sir William Stapleton presently sent his Warrant to St. Christopher's, to Apprehend him; but being removed from thence to Estatia, he was pursued thither, and there taken by the Deputy Governor of St. Christopher's, to whom he submitted, from thence he was sent into England, and so committed to Newgate.  
While he was there he wrote a Paper, which he called, His free Confession and Narrative, Addressed to His Majesty, and delivered by himself to Mr. Secretary Jenkins. But there does not appear to be any thing more in it, than what has been opened and discovered at the Trials of the several Malefactors Executed before him; unless it were what was to have been Acted in Bristol, which was to have been secured by surprise, with about 350 Men, of which 200 were to be raised in and about the City, and the rest to have been sent from Taunton; toward the conclusion of which Narrative, he tells the World, That he had given to his Majesty the Names of several other persons, besides those already known, who were to have been concerned in the Plot: which is all wherein he materially differs from the rest of the Discoverers:  
Being therefore brought to the Bar, and demanded what he had to say, why Execution should not be awarded against him, upon the attainder of Outlawry for Treason? he Answered, That he had made an Ingenius Confession to His Majesty, and begged his Mercy.  
Then the Court told him, That notwithstanding the Outlawry against him, if he had a mind to try the Fact, and thought he could defend himself, he should have the Liberty.  
To which the Prisoner Answered, That he could not undertake to defend himself, for that he had Confessed before His Majesty, that he was guilty of many things in the Indictment.  
When he came to the place of Execution, he Confessed his Belief of a Plot, and that he was concerned in it; but notwithstanding his Contrition, he could not choose but accuse the Government of managing several things ill, and against the King, and the Kingdom's Interest: and then by way of Direction, he thought it His Majesty's best way to call a Parliament, and pass an Act of Oblivion for all the Plotters in England; and then by way Admonition, he wished the King would Consult his own safety, and the safety of the Nation, and that there might be an end put to all News-mongers.  
He detested the Design upon the King at the Rye, but owned to be in a Plot for seizing the King, as being informed, That if the King could but once have been acquainted with those things that were done contrary to his knowledge, he would have come over to them that stood for his assistance.  
Being urged to give the Names of such persons as he had spoken of? he Answered, It would be a Folly in him to abuse Men that he knew not whether they would be concerned or no, though he believed, that if he should Name all that he thought would have been concerned in his Design, he might Name three parts of London. His last wheedle was, That he had no Design against His Majesty's Person, but that what was intended, was only for the good of the King and Kingdom, and that so he supposed it would have been.  
The Paper Delivered to the Sheriffs, was but an Epitemy of his Confession to the King; which has been already said, was no more than an Account of what has been already Printed in all the considerable Trials of the late Executed Offenders, or rather not so much.  
Lastly, As for his Religion, he professed himself neither a Dissenter from the Church of England, nor joined with them altogether: concluding his last Words, That the Scribblers might be put down, as having done the Kingdom more Mischief than any thing else.  
After which being asked whether he had any more to say? he Answered, No; and then the Sheriff desired of God to have Mercy on his Soul.  
FINIS.   

AN ABSTRACT OF THE PROCEED AT THE Kings-Bench AT WESTMINSTER AGAINST Sr. Thomas Armstrong, Upon an Outlawry for High-Treason, upon Saturday June, the 14h. 1684.  BY ANOTHER HAND. 
SIR Thomas Armstrong being then brought to the Bar of the said Court by Virtue of a Writ of Habeas Corpus directed to the Keeper of Newgate, and the return of the Writ being read by the Clerk of the Crown, it appeared he was in Custody of the said Keeper, by a Warrant from the Honourable Sidney Godolphin, Esq; one of His Majesty's Principal Secretaries of State. Which Warrant being read in Court, and the Award of Execution upon the Outlawry being demanded by His Majesty's Attorney General, and Sir Thomas being thereupon Arraigned, and asked what he had to say for himself, why Execution should not be awarded against him according to Law? At first he seemed as having nothing to say for himself, only begged a Trial; which being denied him as a thing, which indeed it was not in the Power of the Judges themselves to grant, he then insisted upon a Statute made in the Sixth of Edward the Sixth, by which it was provided, That if the Person Outlawed, should within one Year after the Outlawry was pronounced, or Judgement given thereupon, yield himself to the Chief Justice of England for the time being, and after to Traverse the Indictment, or Appeal, whereupon the said Outlawry was pronounced, that then he should be received to the Traverse, etc. And though Sir Thomas pretended to render himself within the Year, being then present at the Kings-Bench-Bar, yet the Court did not think this a yielding in the Sense of the Statute, being at that time under restraint, and not at his own disposal, without any semblance that he would otherwise have yielded up himself to Justice at all. And indeed it is very strange, that yielding, and being at Mercy whether a Man will or no, should be Interpreted the same, as if a voluntary act, and a necessary misfortune, in which we are only passive, were the same: besides that, he that yields only in this Sense and Circumstance, when it is impossible for him to fly any longer, is in reason still looked upon as a flying Person, because his Will still flies though his Body cannot; and he that in all appearance would still continue to fly if he were able, there being before his Apprehension, no Antecedent appearance of a voluntary surrender, is by no means within the Favour of the Traverse, because the Reason of the Award is founded upon a supposed acknowledgement of Gild, which is expressed by flight, and this  Acknowledgement does still remain, if the Person do not otherwise surrender himself but by force, and because it was not in his Power to have avoided it, though he would never so fain. Sir Thomas his Affair may be Illustrated by a parallel Instance; Suppose a French Army, set down before one of the Spanish Towns in Flanders, the General sends a Summons, and offers such or such Conditions in Case of a surrender before such a day, which Conditions are rejected by the Governor of the Town, who stands wholly upon his Defence, and will hear of no sort of Overtures whatsoever: It so happens upon this, that the Town is taken by Storm before that day comes, the Question is, Whether Burgess of this Town may lay claim to the performance of the said Conditions? And my Opinion is, That a Town taken may be as properly said to yield, as Sir Thomas Armstrong. Besides, that is very strange, that an Act of Parliament, which is in other Cases so Nice and Circumspect, sometimes by heaping up Synonimous Words, and all other Words of a different signification, the better to prevent all exception, should in this be so careless, as to Confound Liberty and Necessity together, the two things of all the World that are the most Distant from, and Opposite to one another.  
Sir Thomas after this laid what hold he could on the Favour shown to Holloway a little before, but that being merely an Act of Grace from the King, who is the best Judge, and the only Proprietor of his own Favours; and so not lying before the Court, after some Altercation, Execution was ordered upon the Friday following; and for his Behaviour at the place of Execution, I refer you to the Sheriff's Papers.  
FINIS.