VVIlliam Lord Russel the Eldest Surviving Son of William Earl of Bedford, was born at Bedford-House in the Strand, September the Twenty-ninth, in the year 1637. His Childhood and Youth were spent in Learn­ing, and the fitting him by a Sober and Gene­rous Education, for what future Employment the greatness of his Birth and Fortune might call him to; and when he had spent a conside­rable time therein, he went into several places beyond the Seas, to instruct himself in the Man­ners and Customes of our Neighbour Nations. After his Return he went to Sea, and with an undaunted Courage and Resolution adventured his Life in his Service of the King and Country, against the Incroaching Hollander; under the Command of His Royal Highness, James Duke of York, in which Service, and in the Wars abroad, he acquired a great deal of Repu­tation and Honour.

He was generally accounted a very Sober and Religious Person, and one who in a Superlative Degree, indeavoured to Discharge the Duties of his several Relations, and approve himself a most Dutyful and Obedient Son, a most Lov­ing and Faithful Husband, a tender and Com­passionate Father, a kind and an indulgent Ma­ster, and a Friendly and Peaceable Neighbour. [Page 18]He always Professed the Protestant Religion, and owned himself a Son of the Church of En­gland; and kept a Chaplain in his House, and had Divine Service constantly read every day in his Family: And was for the Evenness and Sweetness of his Temper, generally beloved by all that knew him, or had any dealings with him. So that he would in all Probability have been one of the most Honourable and Happy­est Persons of our Age, had he forborn those undue and Illegal Practices whereby he Ren­dered himself Obnoxious to the Government and the Laws; the Event whereof, proved Fa­tal to him, and Issued in his Ruine, as will ap­pear by the Remaining part of this History.

The Inhabitants of Bedfordshire had such an Esteem and Honour for him, that upon the calling of several of our Late Parliaments, the Freeholders of that County unanimously Elect­ed him to serve for them in Parliament, as Knight of the Shire. And when the Popish Plot was discovered in the Year 1678. By Titus Chates; he was one of those who did with a more then Ordinary Briskness Press the Prose­cution thereof, the Securing the Protestant Religion, against the Attempts of the Papists, and always when any thing was moved in the House of Commons, to the Prejudice of those who Profess'd the Roman Religion, he never failed of giving his Vote for it. And at the [Page 19]opening of the Parliament which sate at West­minster, October 26. He was the first that spoke in the House of Commons, Directing himself to the Speaker, (who was said by some to be prefer'd to the Chair, partly through his Influ­ence and Advice) In the following Speech.

When the House, December 17. 1680. De­bated about his Majesties Speech, made to them two days before, the ensuing Speech is said to be spoken by him on that Occasion.

When the King for some Weighty Reasons of State, was pleased to Dissolve his Old Privy Council, and constitute a new one to consist of about thirty Persons, he preferred the Lord Russel to be one of them. It having been in all Ages accounted wise and politick in Princes, to oblige those whom they suspected not to be Hearty and Cordial Friends to the Royal In­terest, to a Constancy and Perseverance in their Loyalty and Obedience, by bestowing Honours upon them, and preferring them to places of Trust.

And that Parliament being Prorogued on the Tenth of the Following January, and Dissolved on the Eighteenth, another was called to sit at Oxford, on the twenty first of March, 1681. Whereof he being again Elected to be a Mem­ber by the Free-holders of Bedford [...]sire, he Re­pared thither with other Members who were E­lected to serve in that Parliament, which by reason of several strange and violent heats a­bout Fitz-Harris his Impeachment, and divers other things, was not long liv'd, being Dissol­ved by the King, on the Twenty Eighth of the same Month.

Many of those who served in this Parliament because of the length of the way, the danger they apprehended they should be in from the Papists, in a place so remote from London, &c. as they pretended (how truly, is none of my business to examine) but the contrary was af­firmed by divers Witnesses upon Oath, who Deposed that there was a Design to Seiz the King, and compel him to agree to what they desired, which being proved against one Ste­phen Colledg, who went thither with some of the Members, he was Tryed and Executed for the same at Oxford.

Now during the several Sessions of Parlia­ment, [Page 25]after the first discovery of the Popish Plot, the Lord Russel associated himself very much with James Duke of Monmouth, Antho­ny Earl of Shaftsbury, Arthur Earl of Es­sex, Ford Lord Grey, Charles Earl of Mackle­field, the Lord Gerrard, of Brandon, and Wil­liam Lord Howard of Escrik, with divers more both Lords and Commons, who appeared as great Sticklers against Popery, and for the Safety of the King and Kingdom: But more especially after the Dissolution of the Oxford Parliament, when they frequently met, and sometimes Dined together, sometimes at pub­lick Houses, and at other times, at some of their own Houses, or at Mr. Shepherds: where they were wont to discourse of several things, designing thereby only to maintain their Ac­quaintance, and injoy each others Company, by a Mutual Society, as they pretended. But the contrary did afterwards appear by the E­vidence of Josiah Keeling, Collonel Rumsey, Mr. West, the Lord Howard of Escrick and se­veral other Witnesses, who deposed upon Oath that several of them had at some of those Meetings Plotted and Conspired Treason a­gainst the Kings Person and Government. A­mong which Number, was the Lord Russel, who was thereupon apprehended and Committed close Prisoner to the Tower. And July 13. 1683. [...] [Page 28]sly, Trayterously, and advisedly, between themselves, and with divers other Traytors to the Jurors aforesaid unknown, they did meet to­gether, Consult, Agree, and Conclude, and every of them, did then and there, Consult, Agree, and Conclude, Insurrection and Re­bellion against our Soveraign Lord the King, within this Kingdom of England, to move and stir up; and the Guards for the preservation of the Person of our said Soveraign Lord the King, to seize and destroy, against the Duty of his Allegiance, against the Peace, &c. And also against the Form of the Statutes, &c.

His Indictement being thus Read, he was asked whether Guilty or not Guilty? To which, (after he had inquired whether he might not have a Copy of the matter of Fact Laid a­gainst him, that so he might know what to answer; And was told by Sr. Francis Pember­ton, Lord Cheif Justice of the Common Pleas, before whom he was Tryed, that they could grant him nothing until he had pleaded, and that therefore what was then put to him was, whether he was Guilty or not Guilty,) he pleaded Not Guilty, and for Tryal put himself upon God and his Country. And after the Answering several things which he proposed to the Court, and some time spent in discussing a poynt of Law which he suposed to make for [Page 29]him, about his Jurors having Freehold within the City of London, the Jury was Empaneled; whose Names were,

• John Martain,
• William Rouse,
• Jervas Seaton,
• William Fashion,
• Thomas Short,
• George Toriano,
• William Butler,
• James Pickering,
• Thomas Jeve,
• Hugh Noden,
• Robert Brough,
• Thomas Omeby.

And then Proclamation being made for in­formation, the Clark, of the Crown bid him hold up his hand; which being done, he bid the Jury look upon the Prisoner, and hearken to his cause, and told them that he stood in­dicted by the name of William Russel, &c. up­on [Page 30]on which indictment he had pleaded Not Guilty, and had for his Tryal put himself up­on his Country, which Country they were. And that their Charge was to inquire whe­ther he was Guilty of the High Treason whereof he stood indicted, or not Guilty. And if they found him Guilty, they were to in­quire, &c. Which done, Mr. North, the At­tormy General, and Sr. George Jefferies, severally spake as follows.

Mr. North. May it please your Lordships, and you that are sworn, The Prisoner at the Bar stands charged in this Indictment with no less then the Conspiring the death of the Kings Ma­jesty, and that in order to the same he did with other Traytors named in the Indictment, and others not known, the Second of November in the Thirty Fourth of this King, in the Parish of Bassishaw within the City of London, meet and conspire together to bring our Soveraign Lord the King to death, to raise War and Re­bellion against him, and to Massacre his Sub­jects: And in order to compass these wicked Designs, there being Assembled did conspire to seiz the Kings Guards, and his Majesties Per­son: This is the Charge. The Defendant saith he is Not Guilty: If we prove it upon him, it will be your Duty to find it.

Mr. Attorney General My Lord, and you Gentlemen of the Jury, most of our Evidence against this Honourable Person at the Bar, is to this purpose. This Person, the Duke of Monmouth, My Lord Grey, Sir Thomas Arm­strong, and Mr. Ferguson, they were the Coun­cil of State, as I may call them, to give forth Directions for the General Rising that hath ap­peared was to have been within this Kingdom. The Rising was of great Concern and Expence, and must be managed by Persons of Interest, Prudence, and great Secresie. These Gentle­men had frequent Meetings in October and November last, (for then you may refresh your Memories again, was the General Rising to be,) and there they did Consult how to seize the Kings Guards. And this Noble Person being mix'd with those others, especially with Ferguson, who with others of an inferiour Rank was also ingaged in a Cabal to manage wor­ser things, (though this is bad enough) at se­veral Meetings, they received Messages from my Lord Shaftsbury touching the Rising. They being looked upon as the Persons who were to Conclude & settle the time and all circumstan­ces about it.

We shall make it appear to you in the Course of our Evidence, that those Underlings (for this was the great Consult, and moved all [Page 32]the other Wheels) who managed the Assas­sination did take notice that these Lords and Gentlemen of Quality were to manage and steer the whole busines of the Rising. It seems these Gentlemen could not give the Earl of Shaftsbury content to his mind; for he pres­sed them to keep their day, which was the Seventeenth of November last; but the Ho­nourable Person at the Bar and the rest made him this Answer, That Mr. Trenchard had failed them, for that he had promised to have 1000 Foot, and 2 or 300 Horse at four hours warning; but now it was so come to pass he could not perform it, that some Persons in the West would not joyn with them, and there­fore at this time they could not proceed, and therefore they must defer the day; and as a Council they sent the Lord Shaftsbury word he must be contented, they had otherwise resolved, and thereupon the Lord Shaftsbury went away, and Ferguson with him.

To carry on this practise, they took others into their Council; Sr. Thomas Armstrong was left out, and there falling that Scandalous re­port upon my Lord Grey, he was to be left out, and then there was to be a new Coun­cil of Six, whereas the inferior Council to manage the Assassination was seven. At this Council there was this Honourable Person at [Page 33]the Bar, the Duke of Monmouth, and another Honourable Person, whom I am sorry to Name upon this Occasion, who hath this Morning prevented the Hand of Justice upon himself, my Lord of Essex, and Colonel Sidney, and Mr. Hambden: These Six had their frequent Con­sults at this Honourable Persons House, for they had excluded Sir Thomas Armstrong and my Lord Grey; for these Gentlemen would have the Face of Religion, and my Lord Grey was in their esteem so Scandalous, that they thought that would not prevail with the Peo­ple, if he should be of the Council; There they Debated how they should make this Rising, and after several Consultations, they came to this Resolution, that before they did fall upon this rising, they should have an Exact Account both of the Time and Method of the Scotch Rising, and thereupon a Messenger was sent on Purpose by Colonel Sidney, viz. Aaron Smith, to invite Scotch Commissioners to treat with these No­ble Lords. Pursuant to this, just before the Plot broke out, Several from Scotland came to treat with them how to Manage the Work, 30000 pound was demanded by the Scots, in Order that they should be ready in Scotland; then they fell to ten Thousand, and at last, for the Scots Love Money, they fell to 5000, which they would take, and run all hazards, but they [Page 34]not coming to their Terms, that broke off the same Week, the Plot was Discovered.

Gentlemen, if we prove all these Instances, besides we shall call some to shew you that the Inferiour Party still looked upon these to be the Heads; and though they keept it Secret, yet God hath Suffered it to come to Light; with as plain an Evidence as ever was heard.

Sir George Jeffories. I will not take up any of your Lordships time, we will call our Wit­nesses to prove the Fact Mr. Attorney hath opened. Swear Colonel Rumsey; which was done. Pray Colonel Rumsey, will you give my Lord and the Jury an Accompt from the begin­ing to the end of the several Meetings that were, and what was the Debates of those Meetings.

Whereupon Colonel Rumsey gave in Evi­dence, that being at the Lord Shaftsburys Lodging, where he lay, down by Wapping, a­bout the latter end of October, or beginning of November, He told him, there was met at one Mr. Shepherds House, the Duke of Monmouth, the Lord Russel, the Lord Grey, Sir Thomas Armstrong and Mr. Ferguson: And desired him to go and speak with them, and desire to know [Page 35]what Resolution they were come to, about the Rising of Taunton; And that he did go thither accordingly, and call for Mr. Shepherd, who carryed him up into the Room where they were. And that the Answer they Return'd him was, That Mr. Trenchard had failed them, and there would be no more done at that time, and therefore the Lord Shaftsbury must be contented. Upon the Receiving of which Message, he took his Resolution to be gone.

The Lord Chief Justice asked him, who gave him this Message?

He answered, Mr. Ferguson spoke the most part of it, the Lord Russel, and the Duke of Mon­mouth being present, and he thought the Lord Grey did say something to the same purpose.

The Attorney General asked him how of­ten he had been with them at that House?

He answered, He did not know, he was there more then once, he either was there a­nother time, or else had heard Mr. Ferguson make a Report of another Meeting to the Earl of Shaftsbury.

Being asked how long he staid, and if there [Page 36]was any discourse whilst he was there about a Declaration?

He answered, He was there about a quarter of an Hour, and that he was not certain whether he did hear something about a De­claration there, or whether he heard Ferguson Report to the Lord Shaftsbury, that they had debated it. He witnessed moreover, That the Company did discourse about viewing the Guards that were at the Savoy, and the Mews, that so they might know how to surprize them, if the Rising had gone on, and that there were some persons who undertook to view them; whom he thought were the Duke of Monmouth, the Lord Grey, Sir Thomas Armstrong; and that the Lord Russel was by when this was un­dertaken.

And being asked whether he found him a­verse to it, or agreeing to it?

He answered, Agreeing to it; and that upon his Return to the Lord Shaftsbury, he said he would be gone, and accordingly did go.

To this Evidence given in by Collonel Rum­sey, the Lord Russel said he had very few que­stions [Page 37]to ask him, for he knew little of the matter, for his being there was the greatest accident in the world; that when he saw that there was Company there, he would have gone again.

That he came there accidentally to speak with Mr. Shepherd, being just then come to Town, and that there was no discourse of surprizing the Guards, and no undertaking of Raising an Army. And desired to know whe­ther he gave any answer to any Message about the Rising; saying he knew not what they might say, when he was in the Room, he was tasting Wine. To which Collonel Rumsey re­plyed, that he did speak about the Rising of Taunton, and consented to it.

Mr. Shepherd being called next, witnessed, That in the Month of October last, as he re­membred, 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 there, and as soon as he had granted it, in the Evening the Duke of Monmouth, the Lord Grey, the Lord Russel, Sir Thomas Armstrong, Collonel Rumsey and Mr. Ferguson came; Sir Thomas Armstrong desired that none of his Servants [Page 38]might come up, but they might be private. And that what they wanted he went down for, a Bottle of Wine or so. That the substance of their discourse was how to surprize the Kings Guards, and in order to that, the Duke of Monmouth, the Lord Grey, and Sir Thomas Armstrong, as he remembred, went one night to the Mews, or thereabouts, to see the Kings Guards, and that the next time they came to his house, he heard Sir Thomas Armstrong say the Guards were very remiss in their places, and not like Souldiers, and the thing was fea­sible if they had strength to do it.

Being asked how many Meetings they had at his House? he answered, That he remembred but two. And being asked whether the Lord Russel was at them both? he answered, As he remembred he was. Being asked whether be­sides the seizing the Guards, they did not dis­course about Rising? he answered, He did not remember any further discourse, for he went down several times to fetch up Wine, &c. and did not know what was said in his absence.

Sir George Jeoffries asked him if he remembred any Papers or Writing Read at that time? He [Page 39]said, None that he saw. Or that you heard of, said Sir George? Yes, replyed he, now I do Re­collect my self, I do remember that there was one Paper Read, the purport whereof was some­what in the nature of a Declaration, setting forth the Grievances of the Nation; but what the particulars were, he could not tell; it was a pretty large Paper; and that he could not say whether they were all present or not. And being asked by the Foreman of the Jury, whe­ther the Lord Russel was there when the Decla­ration was read, as he called it? he answered, He could not say that, but he was there at the time when they discoursed of Seizing the Guards.

The Lord Russel, said, He never was but once at his House, and there was no such design as he heard of, and desired that Mr. Sheppard might recollect himself. To which Mr. Sheppard replied, He could not be positive in the times; but he was sure my Lord was at one Meeting.

The Lord Chief Justice asked him, But was he at both?

He answered, He did think so: But it was eight or nine Months ago, and he could [Page 40]not be positive. The Lord Russel said, He could prove that he was then in the Countrey, and Colonel Rumsey said there was but one Meeting. To which Colonel Rumsey answer­ed: That he did not remember his having been at two. If he were not, he had heard Mr. Ferguson relate the Debates of the other Meeting to the Earl of Shaftsbury.

Then the Lord Howard being called and Sworn, the Attorney General prayed him, to give the Court an Account of what he knew of a Rising designed before the Lord Shafts­bury went away; and how it was continued afterwards. Which he did, as follows.

My Lord, I appear with some comfusion, let no Man wonder that it is troublesome to me. My Lord as to the Question Mr. Attorney puts to me, this is the Account I have to give. 'Tis very well known to every one, how great a Ferment was made in the City, upon occasion of the long Dispute a­bout the Electing of Sheriffs. And this soon Produced a greater Freedom and Liberty of Speech one with another, than Perhaps had been used formerly, though not without some previous preparations and dispositions made [Page 41]to the same thing. Upon this Occasion a­mong others, I was acquainted with Captain Walcot, a Person that had been some Months in England, being returned out of Ireland, and who indeed I had not seen for eleven years before. But he came to me as soon as he came out of Ireland, and when these unhappy di­visions came, he made very frequent appli­cations to me; and tho he was unknown him­self, yet being brought by me, he soon gained a considence with My Lord Shaftsbury, and from him derived it to others.

When this unhappy Rent and Division of minde was, he having before got himself ac­quainted with many persons of the City, had entered into such Council with them, as af­terwards had the Effect, which in the En­suing Narrative I shall relate to your Lord­ship.

He came to me and told me, that they were now sensible all they had was going, that this force put upon them—[At which words the Lord Chief Justice desired him to raise his voyce; else his Evidence would pass for nothing. And one of the Jury said they could not hear My Lord.]

To which he answered, That there was an un­happy accident happened, that had sunk hi [...] voyce, being but just then acquainted with the fate of the Earl of Essex: And then went on thus:

My Lord, I say he came to me, and did acquaint me that the People were now so sen­sible that all their Interest was now a going, by that Violence offered to the City in their Elections, that they were resolved to take some Course to put a stop to it, if it were possible.

He told me, there were several Consults and Meetings of Persons about it, and seve­ral persons had began to put themselves into a Disposition and Preparation to Act. That some had furnished themselves with very good Horses, and kept them in the most Secret and blind Stables they could: That divers had intended it, and for his own part he was resolved to imbark himself in it. And having an Estate in Ireland, he thought to dispatch his Son thither (for he had a good Real Estate, and a great Stock, how he disposed of his Real Estate, I know not) But he Ordered his Son, to turn his Stock into Money to furnish him for the Occasion.

This I take to be about August. His Son was sent away; soon after this, his Son not be­ing yet returned, and I having several accounts from him, wherein I found the Ferment grow higher and higher, and every day a nearer ap­proach to Action, I told him I had a necessity to go into Essex, to attend the concerns of my own Estate; but told him how he might by ano­ther Name convey Letters to me, and gave him a little Cant, by which he might blind and disguise the matter he writ about. When I was in the Country, I received two or three Letters from him, that gave me an Account in that disguised Stile; but such as I under­stood that the Negotiation which he had with my Correspondents was going on, and in good Condition, and it was earnestly desired I would come to Town: This was the middle of September. I notwithstanding was willing to see the result of that great affair, upon which all Mens Eyes were fixed, which was the determination of the Sherivalty about that time.

So I ordered it to fall into Town, and went to my own House on Saturday night, which was Michaelmas day. On Sunday he came to me, and Dined with me, and told me (after a General Account given me of the times,) [Page 44]that My Lord Shaftsbury was secreted, and with drawn from his own House in Aldersgate­street, and that though he had a Family setled, and had obsconded himself from them, and divers others of his Friends and Confidents, yet he did desire to speak with me, and for that purpose sent him to shew me the way to his Lodging. He brought me to a House at the lower end of Woodstreet, one Watsons House, and there My Lord was alone; He told me he could not but be sensible how Innocent soever he was, both he and all ho­nest Men were unsafe, so long as the Admi­nistration of Justice was in such hands as would accommodate all things to the Humor of the Court. That in the sense of this he thought it but reasonable to provide for his own safe­ty, by with drawing himself from his own House into that Retirement. That now he had ripened affairs to that Head, and had things in that Preparation, that he did not doubt but he should be able by those Men that would be in readiness in London, to turn the Tide, and put a stop to the torrent that was ready to overflow.

But he did complain that his design, and the design of the Publick, was very much ob­structed by the unhansome deportment of the [Page 45]Duke of Monmouth and My Lord Russel, who had with drawn themselves not only from his Assistance, but from their own Ingagements and Appointments. For when he had got such a formed Force as he had in London, and ex­pected to have it answered by them in the Country, they did recede from it, and told him they were not in a Condition or prepa­ration in the Country to be concurrent with him at the time.

This he looked upon but as an Artificial Excuse, and as an Instance of their Intentions wholly to dissert him; But notwithstanding there was such Preparation made in London, that if they were willing to lose the Ho­nour of being concurrent with him, he was able to do it himself, and did intend speedily to put it into Execu­tion.

I asked what Forces he had? He said he had enough. Sayes I, what are you assured of? Sayes he, There is a­bove ten Thousand brisk Boys are rea­dy [Page 46]to Follow me, when ever I hold up my Finger. Says I, How have you Methoded this, that they shall not be crushed, for there will be a great Force to oppose you: Yes, he Answered, but they would possess themselves of the Gates; and these ten Thousand Men in twenty four hours would be multi­plied into five times the number, and be able to make a sally out, and pos­sess themselves of Whitehall, by beat­ing the Guards. I told him this was a fair Story, and I had Reason to think a Man of his Figure would not undertake a thing that might prove so fatal, unless it were laid on a Founda­tion, that might give a Prudent Man ground to hope it would be suc­cessful.

He said, he was Certain of it; but confessed it was a great Disap­pointment that these Lords had failed him.

I told him, I was not Provided with an Answer at that time. That he well knew me, and knew the Ge­neral Frame and Bent of my Spirit: But I told him, I looked upon it as Dangerous, and ought to be laid deep and to be very well weighed and con­sidered of; and did not think it a thing fit to be entered upon without the Concurrence of those Lords. And therefore desired, before I discovered my own Inclinations, to discourse with those Lords.

He did consent with much ado; But, sayes he, you will find they will wave it, and give doubtful and deferring answers, you will find this a Truth.

I went to Moor Park the next day, where the Duke of Monmouth was, and told him the great Complaint My Lord Shaftsbury had made that he failed him.

Sayes he, I think he is mad; I was so far from giving him any incou­ragement, that I did tell him from the beginning, and so did My Lord Russel, there was nothing to be done by us in the Country at that time.

I did not then own that I had seen my Lord, but spoke as if this were brought me by a third Person, be­cause he had not given me liberty to tell them where his Lodging was.

Sayes I, My Lord I shall be able in a day or two, to give a better Account of this.

Shall I convey it to my. Lord that you are willing to give him a Meeting?

Yes sayes he, with all my Heart.

This was the Second, Third, or Fourth of October, I came to Town on Saturday [Page 49]and was carried to him on Monday, and I suppose, this was Tuesday the second of October. On Wednesday I think I went to him again, and told him, I had been with the Duke of Monmouth, and given him a punctual account of what I had from him; and the Duke did absolutely disown any such thing, and told me, He never did give him any incouragement to proceed that way, because the Countries were not in a disposition for Action, nor could be put in Readiness at that time. Saies my Lord Shafts­bury, 'tis false, they are afraid to own it; and I have some Reason to believe there is some Artificial Pargain between his Father and him, and to save one another. For when I have brought him to Action, I could never get him to put on, and therefore I sus­pect him. And saies he, several honest men in the City have puzled me in asking how the Duke of Monmouth lived? Saies he, they puzled me, and I could not answer the Que­stion; for I know he must have his Living from the King. And saies he, we have dif­ferent Prospects, we are for a Common­wealth, and he hath no other design but his own personal interest, and that will not go down with my people now (so he called them) they are all for a Common-wealth. And then, saies he, 'Tis to no purpose for me [Page 50]to see him it will but widen the Breach, and I dare not trust him to come hither. Saies my Lord, That's a good one indeed, dare not you trust him, and yet do you send me to him on this Errand? Nay, saies he, 'tis be­cause we have had some misunderstandings of late; but I believe he is true enough to the Interest, saies I, 'tis a great Unhappiness to take this time to fall out; and I think 'tis so great a design, that it ought to be under­taken with the greatest strength and Coali­tion in the Kingdom. Saies, he, My Friends are now gone so far, that they can't pull their foot back again without going further; for, saies he, it hath been communicated to so many, that it is impossible to keep it from taking Air; and it must go on. Saies he, we are not so unprovided, as you think, for there are so many men that you will find as brisk men as any are in England; besides we are to have a 1000, or 1500 Horse that are to be drawn by insensible Parties into forces; that when the Insurrection is, shall be able to scour the Streets, and hinder them from forming their forces against us. My Lord, after great inlargement upon this head, and heads of the like nature, I told him, I would not leave him thus, and that nothing should satisfie me, but an intervey between him and the Lords. No, I could not obtain it; [Page 51]but if I would go and tell them what a forwardness he was in, and that if they would do themselves right by putting them­selves upon Correspondent Action in their respective places, and where their interest lay; well, if not, he would go away with­out them. So I went again to the Duke of Monmouth, I spake to him only, I never spoke to the Lord Russel then, only we were to­gether; but I had never came to any close Conjunction of Councils in my life with him; at that time, saies I to the Duke, This man is mad, and his Madness will prove fa­tal to us all; he hath been in a fright by be­ing in the Tower, and carries those fears a­bout him that cloud his Understanding, I think his Judgment hath deserted him, when he goes about with those strange sanguine hopes. I can't see what should support him in the ground of them. Therefore saies, I pray will you give him a Meeting? God­soe, saies the Duke, with all my heart, and I desire nothing more. Now I told him I had been with my Lord Shaftsbury, with other inlargements, that I need not trouble your Lordship with. Well, saies he, pray go to him, and see if you can get a Meeting. So I went to him, and told him, saies I, this is a great Unhappiness, and it seems to be a great Absurdity, that you are so forward [Page 52]to let alone in such a thing as this is. Pray, saies I, without any more ado, since you have this confidence to send for me, let me prevail with you to meet me, and give them an interview, or else you and I must break. I will no longer hold Correspondence, un­less it be so. Saies he, I tell you they will betray me. In short, he did with much im­portunity yield that he would come out the next night in a disguise. By this time it was Saturday, I take it to be the sixth of October, an Almanack will settle that. So the next night being Sunday, and the Shops shut, he would come out, in a Concealment be carried in a Coach, and brought to his own house, which he then thought the safest. I came and gave the Duke an account of it; the Duke, I suppose conveyed the same un­derstanding to my Lord Russel, and I suppose both would have been there accordingly to have given the Meeting, but next morn­ing I found Colonel Rumsey had left a Note at my house, that the Meeting could not be that day. Then I went to the Duke of Monmouth's, and he had had the account be­fore, That my Lord Shaftsbury did appre­hend himself to be in some danger in that house, and that that Apprehension had made him remove, but we should be sure to hear from him in two or three days. We took [Page 53]it as a waver, and thought he did from thence intend to abscond himself from us, and it proved so to me; for from that time I never saw him, but Captain Walcot came to me, and told me, that he was withdrawn, but it was for fear his Lodging should be disco­vered, but he did not doubt, but in a week he would let me know where his Lodg­ing was; but told me, that within such a time, which I think was 8 or 9 dayes, there would be a Rising; and I told the Duke of Monmouth, and I believe he told my Lord Russel. And we believed his Frenzy was now grown to that height, that he would rise immediately and put his design in execu­tion, so we endeavoured to prevent it. Up­on which, I was told my Lord Russel and the Duke of Monmouth did force their way to my Lord Shaftsburys, and did perswade him to put off the day of his Rendezvous. I had not this from my Lord Russel, for I had not spoke a word to him; but the Duke told me my Lord Russel had been with him (I had indeed an intimation that he had been with him) but the Duke told me, saies he, I have not been with him, but my Lord Russel was having been conveyed by Colonel Rumsey. After this day was put off, it seems it was put off with this Condition, That those Lords and divers others should be in a readiness to [Page 54]raise the Country about that day fortnight, or there about, for there was not above a fortnights time given. And, saies the Duke of Monmouth, we have put it off, but now we must be in Action, for there is no hold­ing it off any longer. And saies he, I have been at Wapping all night, and I never saw a Company of bolder and brisker Fellows in my life. And saies he, I have been round the Tower, and seen the Avenues of it, I do not think it will be hard in a little time to possess our selves of it. But saies he, they are in the wrong way, yet we are ingaged to be ready for them in a fort­night; and therefore, saies he, we must ap­ply our selves to it as well as we can. And thereupon I believe they did send into the Country. And the Duke of Monmouth told me he spake to Mr. Trenchard who was to take particular care of Somerset-shire, with this Circumstance; saies he, I thought Mr. Trenchard had been a brisker Fellow, for when I told him of it, he looked so pale I thought he would have sounded when I brought him to the brink of Action, and said pray go and do what you can among your Acquaintance. And truly I thought it would have come then to Action: But I went the next day to him, and he said, it was impos­sible, they could not get the Gentry of the Country to stir yet.

Then the Lord Russel said, he thought he had very hard measure, and that there was a great deal of Evidence by hearsay. The Lord Chief Justice told him it was nothing to him, he did declare it to the Jury.

The Attorny General desired the Lord Howard to go on in the Method of time; and told the Lord Russel, that this was nothing to him; but he would assure him it was coming to him, if his Lordship would have patience. Whereupon the Lord Howard pro­ceeded.

This is just in the order it was done: when this was put off, then they were in a great hurry, and Captain Walcot had been several times with me, and discoursed of it. But upon this disappointment, they said it should be the dishonour of the Lords, that they were backward to perform their parts, but still they were resolved to go on. And this had carried it to the latter end of October. About the seventeenth or eighteenth, Cap­tain Walcot came to me and told me, now they were resolved positively to rise, and did believe, that a small party might perhaps meet with some great men. Thereupon I told the Duke of it; I met him in the street and went out of my own Coach into his, and told him, That there was some dark intimations, as if there might be some At­tempt [Page 56]upon the Kings person; with that he struck his Breast with a great motion of Spirit, and said, God-soe, kill the King, I will never suffer that. Then we went to the Play-house to find Sir Thomas Armstrong, and sent him up and down the City to put it off, as they did formerly. So it was done with that success that we were all quieted in our minds, that at that time nothing would be done. But upon the day the King came from New-Market we dined together, the Duke of Monmouth was one, and there we had a Notion conveyed among us, that some bold Action would be done that day, which comparing it with the Kings coming, we concluded it was designed upon the King. And I remember my Lord Grey, saies he, By God, if they should attempt any such thing, it cannot fail. We were in great anxity of mind, till we heard the Kings Coach was come in, and Sir Thomas Armstrong not be­ing there, we apprehended that he was to be one of the Party (for he was not there) This failing, it was then next determined (which was the last Alarm and News I had of it) to be done upon the 17th. of November the Anniversary of Queen Elizabeth; and I remember it by this Remark, I made my self that I feared it had been discovered, be­cause I saw a Proclamation a little before, [Page 57]forbidding publick Bon-fires, without leave of my Lord Mayor. It made some impression on me, because I thought they had got an intimation of our intention, and therefore forbid that Meeting. This there­fore of the 17th. of November being also dis­appointed, and my Lord Shaftsbury being told things were not ripe in the Countrey, took shipping and got away; and from that time I heard no more of him, till I heard he was dead. Now after this we all began to lie under the same Sense and Apprehensions that my Lord Shaftsbury did, That we had gone so far, and communicated it to so ma­ny, that it was unsafe to make a Retreat. And this being considered, it was also con­sidered, that so great an Affair as that was, consisting of such infinite particulars to be managed with so much fineness, and to have so many parts, it would be necessary that there should be some General Council that should take upon them the care of the whole. Up­on these Thoughts we resolved to erect a little Cabal among our selves, which did con­fist of six persons, and the persons were the Duke of Monmouth, the Lord of Essex, my Lord Russel, Mr. Hambden Junior, Alger­none Sidney, and my self.

The Attorney General asked him about what time is was when they setled this Coun­cil? [Page 58]He answered, it would have been pro­per for him in the next place to tell them, that as he was coming to it. This was, said he, about the middle of January last, (as near as I can remember) for about that time we did meet at Mr. Hambdens House. The Attorney General bid him name those that met.

There was, said he, all the persons I named before, that was the Duke of Monmouth, my Lord Essex, my Lord Russel, Colonel Sid­ney, Mr. Hambden, Jun. and my self. When we met there, it was presently agreed what their proper Providence was, which was to have a care of the whole. And therefore it was necessary some general things should fall under our Care and Conduct, which could not possibly be conducted by individual per­sons. The things that did principally chal­lenge this Care, we thought were these; Whether the Insurrection were most proper to be begun in London or in the Countrey, or both at one instant. This stood upon se­veral different Reasons, it was said in the Countrey. And I remember the Duke of Mon­mouth insisted upon it, That it was impossi­ble to oppose a formed well methodized and governed form with a Rabble hastily got to­gether, and therefore whatever number could be gathered in the City would be surpressed [Page 59]quickly before they could form themselves. Therefore it would be better to begin it at such a distance from the Town, where they might have an opportunity of forming themselves, and would not be subject to the like prank fears as in the Town, where half an hour would convey the news to such for­ces, that in another half hour would be rea­dy to suppress them.

The Attorney General asked him if this were determined among them all (he an­swered) in this manner that I tell you, why it was necessary to be done at some reason­able distance from the Town. And from thence it was likewise considered that the being so remote from the Town, would put the King upon this Dilemma that either the King would send his forces to subdue them or not, if he did, he must leave the City naked who being Proximi Dispositioni to Action, it would give them occasion to Rise and come upon the back of the Kings forces; if he did not send, it would give them time to form their Number and be better or­dered.

The Attorney General told him that they did not desire all their debates, and there­fore desired him to proceed to the next Ge­neral thing.

The other was (said he) what Countries [Page 60]and Towns were the fittest, and most dispo­sed to action. And the third, what Arms were Necessary to be got, and how to be disposed. And a fourth, (which should have been indeed first in Consideration) propoun­ed by the Duke of Monmouth, that it would be absolutely necessary to have some Com­mon Bank of 25 or 30000 l. to answer the occasion of such an undertaking. Nothing was done but these things were observed then to our consideration, and we were to bring in our united advice concerning them; but the last and greatest was how we might so order it as to draw Scotland into a consent with us, for we thought it necessary that all the diversion should be given; this was the last.

The Attorney General asked him if they had any other Meetings, he said, they had about ten days after this at my Lord Russels.

The Attorney General asked him if they were the same persons? He answered, that every one of the same persons then met. The Attorney General asked him, what debates they had there? He answered it, then went so far as to come to a Resolution, That some persons should be sent to the Earl of Argyle to settle an Understanding with him, and that some Messengers should be dispatcht in­to Scotland, to invite some persons hither that [Page 61]were judged most able to understand the Estate of Scot­land, and give an account of it. The persons agreed on were Sir John Cockram, the Lord Melvil, and another whose name he had been since told upon his descripti­on, was one Camble a Knight. And that thereupon they ordred a person to be thought on who was fit for that Employment.

The At. Gen. asked him if he knew who it was, and what was done upon that resolution. He answered, He had heard (but had never seen him in six Months be­fore) that Aaron Smith was sent.

The At. Gen. asked him who was intrusted to take care of that business, he said, Col. Sidney, to whom they had in discourse referred the sending of a person. The At. Gen. asked him, who told him that Smith was sent? He answered Col. Sidney told him so, and that he had given him sixty Guinys for his Journey.

The At. Gen. asked him what more Meetings they had? To which he made answer, That they did then consider those Meetings might have occasioned some observation upon them, and therefore they agreed not to meet again till the return of that Messenger, who was, as he believed, gone a Month, or near a Month before they heard any thing of him, which they wondred at, and feared some miscarriage, But (said he) if his Letter had miscarried it could have done no great hurt, for it only carried a kind of Cant in it: It was under the disguise of a Plantation in Carolina.

You are sure (said the A. Gen.) my L. Russel was there? Yes, Sir, (replied he) I wish I could say he was not. The Attorney asked him; Did he sit there as a Cipher? what did my Lord say? To which he answered, That every one knew the Lord Russel to be a person of great Judgment, and not very lavish of Discourse. But did he consent, said Sir G. Jefferies? We did, said the L. Ho­ward, put it to the vote: it went without contradiction, and I took it that all there gave their consent.

The Sol. Gen. enquired if the raising Money which he spoke of were then put into any way? He answered, No; but every man was to put themselves upon such a way that Money might be collected without administring jealousie. The At. Gen. asked him if there were no other persons to undertake for a Fund? He answered, he thought not. However, it was but opinion, the thing that was said rather than any thing else, that the E. of Es­sex had dealing in Money, and therefore he was thought the most proper person to take the care of these things; this was said rather by way of Mirth than otherwise.

The A. Gen. asking what he knew else? He answered, He was going to tell them he was then at a full stop, for it was six Weeks or more before Smith's Return; and then the time drew on, that it was necessary for him to go into Essex, where he had a small concern that detain­ed him about three weeks; and when he came back, he was informed that Smith was returned, and that Sir John Cockram was come to Town. That after this he was forced to go to the Bath, where he spent five weeks more; all which time was a perfect Parenthesis to him; and more than this he knew not.

Whereupon the L. C. Justice told the L. Russel, That if his Lordship pleased, now was his time to ask him any Question. The L. Russel answered, That most of those things the L. Howard had said of him, was only hearsay, and that the two times they met, was upon no formed design, but only to talk of News, and other things in General.

The L.C. Justice told him he would tell him what it was he testified, that came nearest his Lordship, that so he might consider of it, if he would ask him any Questions; which was, that after the L. Shaftsbury went off (all that went before being but inducements as to any thing that concern'd his Lordship, and did not particularly touch him) the Party concerned with the L. Shaftsbury did think fit to make choice of six persons to carry on the [Page 63]Design of an Insurrection or Rising in the Kingdom, and that to that purpose choice was made of the Duke of Monmouth, the Earl of Essex, his Lordship the Lord Howard, Colonel Sidney, and Mr. Hambden.

The Lord Russel desired to know by what party (for he said he knew no Party) were they Cousin, The Lord Howard said 'twas true they were not Cousin by Community, but did erect themselves by mutual agree­ment into this Society. To which the Lord Russel made answer, they were people that did meet very of­ten. The Lord Chief Justice asking, if he would have any other Questions put to the Lord Howard, he only answered, That he had said it was a formed Design, when they met about no such thing. Whereupon the Lord Chief Justice told him, That he said, that they did consult among themselves about the raising of men, and where the rising should first be, whether in the City of London, or in more foreign parts; that they had several Debates concerning it, and that he did men­tion some of the Duke of Moumouths Arguments for its being formed in places from the City, and that they did all agree not to do any thing further in it, till they had considered how to raise Money and Arms, and to en­gage the Kingdom of Scotland in the Business with them, and that it was agreed among them, that a Messenger should be sent into Scotland; that thus far he went upon his own knowledge, as he said, and that what he said after of sending a Messenger, is by report only.

Whereupon the Attorney General said, I beg your Pardon my Lord. And the Lord Chief Justice said it was so, what he heard concerning the sending Aaron Smith. Then the Attorney General demanded, if he would ask him any Questions? To which the Lord Rus­sel answered, That they did meet, but there was no Debate of any such thing, nor putting any thing in method, but the Lord Howard being a man of a voluble Tongue, and one who talked very well, and was full of discourse they were delighted to hear him.

Then the Attorney General told the Lord Howard, He thought his Lordship did mention the Cambels. He said he did stammer it out, but not without a Pa­renthesis, it was a person of the Alliance, and he thought of the Name of the Argyles. Whereupon the Lord Russel desired they would take notice, that he had never seen any of those men, except the Lord Melvil, whom he had seen, but not upon that account. Then Mr. Atterbury the Messenger being sworn, the Attorney General said, That Aaron Smith did go, and that Cambel, whom he went to fetch, was there taken, and then asked Mr. Atterbury what he knhw of the Cambels? who answered, That he did not apprehend Sir Hugh Camble himself, but he was then in his Custody, That he was making his Escape out of a Woodmongers yard both he and his Son; that when he was taken, he owned himself to have been four days in Town, and that within that time he had had three Lodgings, and that he, and his Son, and one Haily came to Town together.

Upon this, The Attorney General said, that besides what was already proved, now they had fixed this up­on the Lord Russel, they would give an account, that those persons that were to rise, took them as their Pay­masters, and expected their assistance. Whereupon he called Mr. West, Mr. Keeling and Mr. Leigh.

Mr. West being sworn, witnessed, That as to the Lord Russel he never had any Conversation with him at all, but what he had heard was, that in the Insurrection in November, Mr. Ferguson and Colonel Rumsey told him the Lord Russel intended to go down and take his Post along in the West, when Mr. Trenchard had failed them, That they all was way-laid, the Lord Russel was the man they most depended upon, because he was a man looked upon as of great Sobriety.

The Lord Chief Justice said, That the giving E­vidence by hearsay, was not Evidence.

Mr. Attorney told him, That it was not [Page 65]Evidence to convict a Man if there were not plain Evidence before, but it confirms what the other Swears; but he thought they needed no more, and Sir George Jefferies said they had Evidence without it, and would not use any thing of Garniture, but leave it as it was. Upon which the Lord Chief Justice acquainted the Lord Russell that the Kings Council did think to rest upon what Evidence they had already given a­gainst his Lordship, and that he would put him in mind of those things which were Material in that Case, and proved against him, viz. That Colonel Rumsey had proved against him, that he was sent to his Lordship upon an Errand, which in Truth was Traiterous, it was a Traiterous Errand, sent from the Lord Shaftsbury by him to that Meeting, that he did Swear his Lordship was at that Meeting, and that he did deliver his Errand to them, which was to know what Account could be given con­cerning the design of the Insurrection at Taunton, & that the did say, his Lordship being there, this Return was made, that Mr. Trenchard had failed them in his undertaking in the Business, and therefore the Lord Shaftsbury must be contented, and sit down satisfied as to that time, that Mr. Sheppard did likewise speak of the same thing that his [Page 66]Lordshid was there with the rest of the Per­sons, the Duke and others, and that there was a Discourse concerning an Insurrection to be made, and that although he was not so particular as to the very Notion of it, as Colonel Rumsey, yet as to the time they did agree. Here the Lord Russell spake, and said that Colonel Rumsey was not Positive that he said or heard any thing. My Lord, (said the Lord Chief Justice) if you will have a little patience to hear me, I will tell you, where it presses you; telling him, that there was that which he had mentioned, and that Mr. Sheppard did say, there was a Paper purporting a Declaration, then Read among the Company there, which was to have been Printed upon the Rising, Setting forth the Oppressions and Greivances of the Nation. And that then the Lord Howard after a great Discourse concerning the many De­signs of the Lord Shaftsbury, came particu­lar to his Lordship, and said, that Six of them as a Chosen Council among themselves (not that they were Actually Chosen) but as a Chosen Council among themselves did un­dertake to manage the great matter of the Insurrection and Raising of Men in Order to surprise the Kings Guards, and for to Rise (which was a Rebellion in the Nation) and that he did say he had several Consults about [Page 67]it, and that he had told him the several par­ticulars of those consults, which the Lord Howard had mentioned; and that it was fit for his Lordship, and it was his time to give some Answer to these things.

To which the Lord Russell made Answer, That he could not but think himself mighty unfortunate to stand there charged with so high and heinous a Crime, intricated and in­termixt with the Treasons & Horrid Practi­ces, and Speeches of other People, the Kings Council takeing all advantages, and improv­ing and heigthning things against him, that he was no Lawyer, a very unready speaker, and altogether a stranger to things of that Nature, and was alone and without Council, that he was very sensible that he had not so provided as to make his Just Defence as o­therwise, he might have done, and told the Lord Chief Justice, that he was equal, and the Gentlemen of the Jury, he thought were Men of Conscience, they were Stran­gers to him, and he hoped they would va­lue Innocent Blood, and would consider the Witnesses that Swore against him, Swore to save their own Lives, for how Legal Wit­nesses soever they might be accounted, they could not be Credible; And who, it was Notoriously known, had been so highly Ob­liged by the King and the Duke, for him to [Page 68]be capable of such a Design of Murthering the King, he thought no Body would won­der, if to save his own Life, he would in­deavour to take away his, neither did he Swear enough to do it. And then if he did, the Time by the 13th. of this King, is Elap­sed, in regard it must be, as he understood by the Law, Prosecuted within Six Months, and by the 25th. Edw. 3d. a design of Levy­ing War, was no Treason, unless by some overt Act, it did appear. And he desired to know what Statute he was to be Tryed up­on, for Generalls he thought were not to be gone upon in those Cases, then the Lord Chief Justice said to the Attorney General, Mr. Attorny, you hear what my Lord Objects to this Evidence, he saith that as to those Wit­nesses that testifie any thing concerning him above Six Months before he was Prosecuted, he conceives the Act of Parliament, upon which, he takes himself to be indicted, doth not extend to it, for that says, that within Six Months there ought to have been a Pro­secution. And my Lord tells you that he is advised, that a design of Levying War with­out Actual Levying of War, was not Trea­son before that Statute.

The Attorny General Replyed, That to satisfie his Lordship, he was not indicted up­on that Statute, but on the 25th. of Edw. [Page 69]the 3d. And as for the next Objection, sure­ly his Lordship was informed wrong, that to Raise a Rebellion or a Conspiracy within the Kingdome, was not that which was called Levying of War in that Statute, for to Raise a Number of Men to break Prisons, &c. which is not so directly tending against the Life of the King, that to prepare Forces to Fight against the King, that was a Design within that Statute to Kill the King, and to design to depose the King, to Imprison the King, to Raise the Subjects against the King, these had been setled by several Resolutions to be within that Statute, and Evidences of a design of Killing the King.

The Lord Russell said, that was matter of Law, neither was there but one Meeting at Mr. Sheppards House, The Attorny General told him, that if he would admit the Fact, and rest upon the Point of Law, he was ready to Argue it with any of his Lordships Council, and told him, he would acquaint him, how the Evidence stood, there was one Evidence, since Christmas last, The Lord Russell said, that was not to the business of Sheppards House, nor would one Witness Con­vict a Man of Treason; The Attorny General told him that if there was one Witness of one Act of Treason, another of a Second, and a­nother of a Third, that manifested the same [Page 70]Treason, to destroy or depose the King, it would be Sufficient. The L.C. J. told him, that the two Witnesses the Statute required, were not to the same Individual Act, but to the same Treason, if they were several Acts de­claring the same Treason, and one Witness to each of them had been reckoned Two Wit­nesses within the Statute of Edw. the 6th.

The Lord Russell said that was tacking of two Treasons together, the one in November, by one Witness, and then another was brought on with a Discourse of the Lord Howard, and that he said, the Discourse passed for Pleasure, The Lord Chief Justice told him, that if he did doubt whither the Fact proved against him, were Treason within the Statute of Edw. the Third, and was contented that the Fact should be taken as proved against him, and so desired Coun­cil barely upon that which was matter of Law he should have it granted; He Re­plied, that he was not knowing in the Law, that he thought it not proved, or if it was, he thought it not Punishable by that Act, and therefore desired Council might be admitted upon so Nice a Point, his Life Ly­ing at Stake, and there being but one Wit­ness that spoke of a Message. Sir George Jefferies said the Fact must be left to the Jury, therefore if the Lord Russell had any [Page 71]Witnesses to call in Opposition to their Mat­ters, he should call them. The Lord Chief Justice said, there could be no matter of Law, upon a Fact admitted and Stated. The Lord Russell said, he did not think it proved and told the Lord Cheif Justice, he hoped he would be of Council for him, saying, that was very hard, that his Coun­cil might not speak for him in a point of Law, The Lord Chief Justice told him, that to hear his Conncil concerning the Fact, they could not do, yet that it was never done, nor would be done, and that if his Lordship doubted whither the Fact were Treason or not, and desired his Council might be heard to that, he would do it. the Lord Russell said, he doubted in Law, and did not see the Fact was proved upon him. The Solici­tour General asked his Lordship whither he would please to call any Witnesses to the matter of Fact; He answered, 'twas very hard a Man must loose his Life upon Hear-say. That Colonel Rumsey said, he brought a Message which he would Swear he never heard nor knew of, nor did he say that he spoke it to him, or that he gave him any Answer. That Mr. Sheppard remem­bred no such thing, but was gone to and again, so that there was but one Witness, and Seaven Months ago. The Attorny Ge­neral [Page 72]told, if there was any thing that was Law, he should have it; to which the Lord Russell Replied, that Colonel Rumsey, the o­ther Day, before the King, could not say that he heard it, he was indeed in the Room, but came in late, they had been there a good while before he came, nor did he stay above a Quarter of an Hour, tasting Sherry with Mr. Sheppard. Then the Lord Chief Justice Commanded the Statute, 25th. Edw. 3d. C. 2d. to be Read, which being done accordingly, he told the Lord Russell, that the thing, that was urged against him, by the Kings Council, was his being accused by the Indictment of compassing, and Design­ing the Kings Death, and endeavouring to Raise an Insurrection, in Order to it, and that they did say, that those Councils which his Lordship had taken, were Evidences of his compassing the Kings Death, and were Overt Acts, declaring the same, that was it upon which they insisted, that his Lordship was Guilty within that Statute, he said that it was a Point of Law, and desired Counsel. The Attorney General bid him ad­mit his Consultations, and his Counsel should be heard. The Lord Chief Justice told him, He would set his Lordship right, for proba­bly he might not understand the Law in that Case, If his Counsel were heard, they were [Page 73]to be heard to this, that taking it, That the Lord Russell had Consulted in that manner, for the Raising of Forces within this King­dom, and making an Insurrection within this Kingdom, as Colonel Rumsey, and the Lord Howard, had Deposed, Whether that were Treason? For they could hear his Counsel to nothing else. The Lord Russell said, He did not know how to Answer it; the Point he thought must be quite other­wise, that there should be Two Witnesses to one thing, at the same time. The Attorney General told his Lordship, He might remem­ber, that in the Lord Staffords Case, there was but one Witness to one Act in England, and another to another in France.

The Lord Chief Justice told him, If he would say any thing to [...]isprove what had been Witnessed against him, it should be heard, but if he could not contradict it by Testimonies, it would be taken to be a proof, and therefore his way to make it ap­pear untrue, was, by calling Witnesses, or asking Questions. He said, He was out of Town when one of the Meetings was, but Mr. Sheppard could not recollect the Day, for he was out of Town all that time, that he never was but once at Mr. Sheppards, and there was nothing undertaken of viewing the Guards, whilst he was there. And askt [Page 74]Colonel Rumsey, If he could Swear positive­ly, That he heard the Messuage, and gave any Answer to it. Then the Lord Chief Ju­stice asked Colonel Rumsey, If the Lord Russell did hear him, when he delivered the Messuage to the Company; and whether they were at the Table, and where they were? He Answered, That when he came in, they were at the Fire-side, but they all came from the Fire-side to hear what he said. The Lord Russell Answered, That the Duke of Monmouth and he came thither to­gether, and that Colonel Rumsey was stand­ing by the Chimney when he came in. That the Lord Howard had made a long Narra­tive of what he knew, he did not know when he made it, or when he did recollect any thing, 'twas but very lately, that he had Declared, and Protested, that he knew nothing against him, nor of any Plot he could in the least be Questioned for; desi­ring, my Lord Anglesey, Mr. Edward How­ard, might be called, which was done. The Lord Anglesey said, That being in Town the Week before, and hearing that the Earl of Bedford was in some Distress, concerning the Affliction of his Son, he went to give him a Visit, being his old Acquaintance, of above Fifty Years standing, they being Bred together at Maudlin College in Oxon; [Page 75]That when he was ready to come away, the Lord Howard came in, and sat down on the other side of the Earl of Bedford, and begun to comfort him, saying, My Lord, You are happy in having such a Wise Son, and worthy Person, 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, of such a Barbarous Design, therefore your Lordship may be comforted in it. Mr. Howard said, He must desire to say something of himself and Family first, that the Lord Howard and he had been very in­timate, and not only as Relations, but as Dear Friends, upon which Account, he improved his Interest in him, upon the great Misunderstanding of the Nation, to perswade him to apply himself to the King, to Serve him in that great difficulty of State, which was known to all the World, and that he sometimes found him very forward, and that he had softned him; upon which Parly, upon the Lord Howards permission, but more upon his own Inclination of Du­ty, he had made several Applications to Mi­nisters of State, whom he could name, that the Lord Howard had a great desire of Serving the King, in the best way of Satis­faction, [Page 76] &c. The Lord Chief Justice de­sired him to apply himself to the Matter he was called for. He Answered, This might be to the matter, if they would hear him. The Lord Chief Justice replyed, They must desire him not to go on thus. Then said he, I will now come to the thing, Upon this ground I had of my Lords Kindness, I ap­plyed my self to him in this present Issue, on the breaking out of this Plot; my Lord, I thought certainly, as near as I could dis­cern him, (for he took it upon his Honour, his Faith, and as much as if he had taken an Oath before a Magistrate,) that he knew nothing of any Man concerned in this Bu­siness, and particularly, of the Lord Russell, whom he Vindicated with all the Honour in the World; my Lord, it is true, was af­fraid of his own Person, and as a Friend, and a Relation, I concealed him in my House, I did not think it was for such a Conspiracy, but I thought he was unwilling to go to the Tower for nothing again; so that if the Lord Howard has the same Soul on Monday, that he had on Sunday, this can­not be True that he Swears against the Lord Russell. This I say upon my Reputa­tion, and Honour, and something I could say more; He added. He thought the Lord Russell did not only Unjustly Suffer, but he [Page 77]took God and Men to Witness, that he thought him the Worthiest Person in the World. I am very sorry to hear any Man of my Name should be Guilty of these things.

Dr. Burnet Witnessed, That the Lord Howard was with him the Night after the Plot broke out, and that he did then, as he had done before, with Hands and Eyes lift­ed up to Heaven, say, He knew nothing of any Plot, nor believed any, but Treated it with great Scorn and Contempt.

The Lord Cavendish said, That he had had the Honour to be acquainted with the Lord Russell a long time, that he always thought him to be a Man of great Honour, and too Wary and Prudent, to be concerned in so Vile and Desperate a Design, and from which he would receive so little Advantage; that Two or Three Days after the Discove­ry of the Plot, upon discourse about Colo­nel Rumsey, the Lord Russell did express something, as if he had a very ill Opinion of the Man, and therefore it was not likely he would Intrust him with such a Secret.

Dr. Tillotson Witnessed, That he had been many Years acquainted with the Lord Rus­sel, and had always Judged him to be a Person of great Vertue and Integrity, and one who was far from any such Wicked Design he stood Charged withal.

make to God, and he thought that if he called God and Angels to Witness to a Falshood, he ought not to be believed then, but he said, that every Man that was Committed for a Design of Murthering the King, and he did lay hold on that part, for he was to carry his Knife close between the Paring and the Apple, and he did say, that if he were an Enemy to the Lord Russel and the Duke of Monmouth, and were called to be a Witness, he must have Declared in the Presence of God and Man, that he did not believe either of them had any Design to Murther the King, and that he said this, because he would not lye under the Character of a Person that would be Perjured at the expence of so Noble a Persons Life and his own Soul.

Then the Lord Clifford being called by the Lord Russel, Testified, That he had always took the Lord Russel to be a Worthy Honest Man, and had ne­ver seen any thing in his Conversation to make him believe otherwise. Mr. Luton Gore Te­stified, That he had known him many Years, and Conversed much with him, and that in all the Dis­course he had had with him, he had never heard him let fall any thing that tended in the least to any Rising or any thing like it, and that he took him to be one of the best Sons, one of the best Fathers, one of the best Husbands, one of the best Masters, one of the best Friends, and one of the best Christi­ans, and that he knew of no Discourse concerning that matter. Mr. Spencer Testified, That having known him many Years, and been many Month [...] with him in his House, he never saw any thing to the contrary, but that he was a most Vertu­ous and Prudent Gentleman, and that he had Prayers constantly twice a Day in his House;

Dr. Fitz-Williams Testified, that he had known him about Fourteen years, and that he always esteemed him a man of that Vir­tue, that he could not be Guilty of such a Crime as the Conspiracy he stood charg­ed withall.

The Lord Chief Justice asking if he would call any more Witnesses, he Answer'd, No, my Lord, I will be short; and said that he would declare to his Lordship, that he was one who had always had a Heart sincere and Loyal to the King and the Government, which was the best Government in the World; and that he did Pray as sincerely for the Kings happy and long Life as any man alive; and therefore for him to go a­bout to raise a Rebellion, which he look­ed upon as so wicked and unpracticable, was unlikely; and that if he had been in­clined to it, by what observation he had made in the Countrey, 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 and Legal way; that he had always been against all Innovations and Irregularities whatsoever, and should be so long as he lived; and then conclu­ded with the following Protestation of his Loyalty.

delight in giving such Judgments, especially against his Lordship; but the Verdict was found, and the Kings Attorney General did on the Kings behalf demand it; and Procla­mation being made for Silence, he gave Judg­ment accordingly in the following words:

The Tryal being over, he was not carried back again to the Tower, but to Newgate, where he remained till his Execution: Dr. Tillotson, Dr. Burnet, and several other Reverend Di­vines were admitted to visit him during the time of his being in Newgate, which time he spent in fitting and preparing himself for his approaching Death. Several Applications were made to the King by himself, his Rela­tions, and other Persons of Quality, to obtain his pardon, which could not be procured; but the King graciously mitigated the severity of the Sentence, and permitted him to be be­headed; which was done on Saturday, Ju­ly 21. 1683.

The morning being come, his Lady, the Lord Cavendish, and divers more of his Friends went to Newgate to pay him their last Visit, and stay'd with him till nine of the clock; a­bout which time the Sheriffs came to see if he were ready; and presently after he came out; and having taken his leave of his sorrowful Lady, and the rest of his Friends, he went into his own Coach (wherein likewise were Dr. Tillotson and Dr. Burnet) in which he went through Holburn, which was every where crowded with Spectators, to the place of Execution in great Lincolns-Inn Fields: When he came to the Scaffold, which was co­vered all over with Mourning, and invironed with several Companies of the Kings Horse and Foot-Guards, he mounted the Stairs with [...]

After which he kneeled down, and prayed for some time to himself; then Dr. Tillotson kneeling down, pray­ed very heartily with him: which being done, he kneel­ed down again, and prayed a second time by himself; and when he had done, he rose up, and without the least change of Countenance, or any appearance of fear, or disturbance of mind, pulled off his Wigg, and put on his Cap; then taking off his Cravat and his Coat, he gave the Executioner several Guinies, and bade him, af­ter he had layn down some little time, do his Office, without expecting a sign; and having so done, he embra­ced Dr. Tillotson and Dr. Burnet with much affection, and thanked them for the pains and trouble they had been at for him; and then lying down, he placed his Neck on the Block; and the Executioner missing at his first stroke, (althô with that many said he took away Life, and so prevented his sense of pain) at two more severed his Head from his Body: Which being done, the Executi­oner held up his Head to the People, as is usual in cases of Treason; but it was observed, that when his Head was struck off, there was no shout given by the people, as is common in such Cases, which was very much won­dred at by many.

The King having given his Body to his Friends, to be disposed of as they pleased, as soon as the Execution was over, they took it, and having put it into a Coffin, carried it away in a Mourning Hearse, several of his Friends and Servants in Coaches, following the Hearse: He was buried at Cheneys in Buckingham-shire, among his Ance­stors.