The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings 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.

THE Charge and Defence OF THE Lord RUSSEL.

THE same Fryday 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 com∣passing, 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 Tryed 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 far∣ther told him, That he has had a great deal of Favour shewn * 1.1 him already, in that he had been acquainted with his Crimes, and that he had had the Liberty of Couns••l, which had not been known granted to any under his Circumstance.

The Prisoner alledged that he had only heard some general Que∣stions, 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 Mon∣day was a seven night before, and that the Questions he was ex∣amined upon, where a favour to him, that he might know the matter he was charged with, and therefore if the Kings Coun∣sel did not think it fit, the Court could not put off his Tryal.

The next thing he desired was a Copy of his Pannel, to which * 1.2 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 al∣so affirmed, that they had delivered it to his Gentleman. To which my Lords 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 Ju∣ries, it was told him by the Court that no other Pannel could be given him, and then the S••condary being ask'd affirmed, that he had had the Copy of a Hundred Names.

Nevertheless his Lordship still urging for a Copy of the Pannel, and that his Tryal 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 Try∣al might not be respited till the Afternoon? But the Attorney General giving no A••swer to it, the Court Proceeded.

Then the Prisoner desired to know whether he might have Pen * 1.3 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 replyed that he was not called as one of the Jury.

After which, the Court Proceeding to call the Jury, and John * 1.4 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 replyed, that no Pannel was made in Lon∣don by Fr••eholders, for that the Estates in London belonging ei∣ther to the Nobility and Gentry that liv'd out of it, or to Corpo∣rations, 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 G••neral not allowing the Prisoners Exc••ption, the Lord Russels 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 Kings Counsel, that it was adjudged by the whole Court, that in case of Tr••ason, Freehold was no good Cause of Callenge. However it was told him he would have as g••od a Jury and better then he would have had in the Country, of four pound a Year Freeholders. The rea∣son 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 Que∣stion, but that in the City the Persons. Impannelled were Men of Substance, who had a great deal to lose, and therefore his Lord∣ship 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 Jury-Men were call'd, and after the Prisoner had challenged one and thirty, the following per∣sons were sworn. * 1.5

• ...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 Kings Counsels, Collonel Rumsey was first sworn; who gave in Evidence.

That about the latter end of October or beginning of Novem∣ber, he was at the Lord Shaftsbury's Lodgings, where he lay near Wapping, and that he told him, there were met at one Mr. Shep∣heard's House, the D. of M. the Lords Russel and Grey, Sir Tho. Arm∣strong 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. Shepheards, who carryed him up where they were, and that the Answer which was then made him was, That Mr. Trenchard had fail'd 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 Mon∣mouth were present; and that thereupon the Lord Shaftsbury pre∣pared to be gone.

Being ask'd how long he was at Mr. Shepheards? He said, A∣bout a Quarter of an Hour.

Being ask'd 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 Discours•• by * 1.6 all the Company that was there, about seeing in what posture the Guards at the Savoy and Mews were: which vvas first began by Sir Thomas Armstrong, and Mr. Ferguson, and the business under∣taken by the Duke of Monmouth, the Lord Grey, and Sir Thomas Armstrong, and that the Prisoner vvas there vvhen they undertook to take the vievv.

As to the Rising he farther added, That it vvas to have been the 19th. of November, that it vvas determined, and that he vvas * 1.7 to have gone to Bristol by the order of the Earl of Shaftsbury.

Being ask'd 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 pleas'd, desired to know whether he gave any An∣swer to the Message about the Rising? The Witnes•• Reply'd in the Affirmative, That the Prisoner did speak about the Rising at Taunton.

And then being ask'd by his Lordship, Whether he in parti∣cular gave his consent to the Rising? he again confirmed what he had said before.

Mr. Shepheard being Sworn, Declared, That in October, as far 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. That in the Evening came the Duke of Monmouth, the Lords Grey and Russel, Sir Thomas Armstrong, Colonel Rumsey, and Mr. Ferguson. * 1.8 That Sir Thomas Armstrong desired him, that none of his Ser∣vants might come up, but that they might be private. That the Substance of their Discourse was, How to surprize the Guards, in order to which, as far as he remembred, 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 Souldiers, and that the thing was feasible if they had strength to do it.

Being ask'd whether they came in Coaches, and in the Dark? He Reply'd, That they came in the Evening imediately one after another, but he did not let them in.

Being ask'd whether the Prisoner were there both times? He Answered, Yes, to the best of his remembrance.

Being ask'd whether there were any Coaches at his Door? He * 1.9 Answered, None that he saw.

Being ask'd whether he remembred 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 De∣signs of the Earl of Shaftsbury, that upon the Earl of Shaftsbury's withdrawing, those Persons who were concern'd, began to lye under the same Apprehensions that the Earl of Shaftsbury did. That they had gon 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 parti∣culars, the things that Challenged their care should be, Whe∣ther 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 dispos'd to Acti••n.

What Armes 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 Re∣solution, * 1.10 That some Persons should be sent to the Lord Arguile, to settle an Understanding with him, and that some Mess••ngers should be send into Scotland to invite some Persons hither, that were judged most able to understand the State of Scotland, and give an Accompt 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 refer'd to Colonel Sidney, to take care of that Business.

That afterwards Colonel Sidney told him, he had sent Aaron Smith, and given sixty Guineys for his Journey.

Being ask'd whether he was sure the Lord Russel was at that * 1.11 Meeting? He Answered, That he wish'd he could not say it.

Being ask'd whether he consented? the Lord Howard made Answer, That they did not put it to the Vote, but it went with∣out 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 formed Design, only to talk of News and Things in General. That the Lord Howard was a Man of a voluble Tongue, talk'd 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 Accompt. There the At∣turney General urg'd, That Aaron Smith did go into Scotland, and that Campbel he went for was taken, and then call'd Mr. Atterbu∣ry * 1.12 the Messenger to prove his Apprehension; who being Sworn De∣clared, 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 Apprehend••d.

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 in∣tended to go down and take his Post in the West, where Mr. Tren∣chard * 1.13 had fail'd them; And that they always said, The Lord Russel was a Man they most depended upon, because he was a Person lookt 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 Coun∣cel resolved to rest upon what they had already prov'd.

The sum then o•• the Evidence against the Lord Russel was, That Colonel Rumsey was sent upon a Trayterous Message by the Earl of Shaftsbury, to a Meeting where his Lordship was, and that the Answer was return'd 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, seting 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 Insur∣rection and Raising of Men.

To all this the Lord Russel made Answer, That he could not but think himself mighty unfortunate to stand there Charg'd * 1.14 with so high a Crime, and that intermix'd with the Horrid: Practi∣ses and Speeches of other People, while the King's Council took all advantages to heighten things against him. That he was no Law∣yer, and a very unready Speaker, and altogether a Stranger to things of this Nature. That he was sensible he was not so pro∣vided, 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 valu'd Innocent Blood, and hop'd they would consider the Witnesses, that they Swore to save their own Liv••s. 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 L••vying War, Treason, unless it appeared by some Overt Act, as appears by the 25th. of Ed••ard the 3d. And then desi∣ring to know upon what Statute he was Endicted, it was told him by the Statute of the 25th of Edward the 3d. upon which he in∣sisted * 1.15 upon these two Points as Matter of Law, and prayed to be heard by his Council, whether the Treason were duly prov'd, 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 prov'd 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 where∣as he insisted, that the business a•• Mr. Shepheard'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 * 1.16 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 us'd 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 * 1.17 upon serious Discourse with the Lord Howard, he took it upon his Honour and his Faith, That he knew nothing of any Man con∣cern'd 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 * 1.18 Night after the Plot broke out, and did then as he had done be∣fore, with Hands and Eyes lifted up to Heaven protest, That he knew nothing of any Plot, nor believ'd any, and Treated it with great Scorn and Contempt.

The Lord Cavendish declared, That he had the Honour to be * 1.19 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 concern'd 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 Se∣cret.

Dr. Burnet again declared, That he had been for many Years last * 1.20 past acquainted with the Lord Russel, and always judg'd 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 Risings, and when he spoke of some People that would provoke to it, he expressed himself so deter∣min'd against that Matter, that no Man could do more.

Doctor Thomas Cox declared, That having been very much * 1.21 with the Lord Russel of late, that is to say for a Month or Six Weeks before the Plot brake out, he had occasion to speak with him in Private upon these publick Matters. But that he always found that his Lordship was against all manner of Risings, and thought it the greatest Folly and Madness, till things should come in a Parliamentary-way. That he had heard him profess solemn∣ly, that he thought it would ruin the best Cause in the World, to use any of those Irregular ways for preserving it, and particu∣larly 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 Collonel 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 * 1.22 Russel for about two years, and had much Conversation with him, but never heard any thing from him, but what was Just, Ho∣nourable and Loyal.

Here the Gentlemen of the Jury desired to ask the Lord Ho∣ward * 1.23 something upon the point, the Lord Anglesey testify'd, 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 Ingagement in any such thing?

To which the Lord Howard answered, that he confessed he did * 1.24 say it, for he was at that time to outface the thing both for him∣self and his Party, and did not intend 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 ne∣ver saw any thing in his Conversation, to make him believe other∣wise.

Mr. L—Gore declared, that he had been acquainted with * 1.25 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 ma∣ny * 1.26 Years, and had been much with him in his House, but never saw any thing by him, but that he was a most Vertuous and Pru∣dent 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 e∣ver esteemed him a Man of that Vertue, 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 Govern∣ment in the World. That he prayed as sincerely for the Kings long and happy Life as any Man alive, and therefore for him to go a∣bout 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 Irre∣gularities 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 byass you, as to make you in the least encline to find an In∣nocent Man Guilty; I call Heaven and Earth to Witness, that I never had in my Life a Design against the Kings Life. I am in your Hands, so God direct you.

The Lord Russel having thus concluded his Defence, the Kings 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.

Notes

• * 1.1

  The Court makes him sensible of the favour shewn him.
• * 1.2

  He d••sire•• a Copy of the Pannel which was proved to be delivered to his Gentle∣man.
• * 1.3

  He is allow∣ed Pen and Ink and two to write for him.
• * 1.4

  The Priso∣ner insists up∣on Fr••eholders.
• * 1.5

  The Jury sworn.
• * 1.6

  The Guards undertaken to be view'd, and the Prisoner then present.
• * 1.7

  The Rising to have been on the 19th. of November.
• * 1.8

  The Duke of Monmouth, the Lord Grey, and Sir Thomas Armstrong, go to view the Guards.
• * 1.9

  A Declara∣tion read, set∣ting forth the G••evances of the Nation.
• * 1.10

  A Council of six erected, of which the Prisoner one. A second meeting at the Lord Russel's House.
• * 1.11

  The Lord Russel at the Meeting about Scotland, and consented to it.
• * 1.12

  Mr. Atterbu∣ry swear. Sir Hugh Campbel in Custody.
• * 1.13

  The Lord Russel the per∣son most look∣ed upon by the Party.
• * 1.14

  His Defence.
• * 1.15

  He insists upon two Points of the Law, and de∣sires Council.
• * 1.16

  The Lord Anglesey.
• * 1.17

  Mr. Edward Howard.
• * 1.18

  Dr. Burnet.
• * 1.19

  The Lord Cavendish.
• * 1.20

  Dr. Burnet.
• * 1.21

  Dr. Cox.
• * 1.22

  The Duke of Somerset.
• * 1.23

  The Jury de∣sires the Lord Howard to an∣swer the point testifyed by the Ld. Anglesey,
• * 1.24

  Which he doe••.
• * 1.25

  Mr. L—Gore.
• * 1.26

  Mr. Spencer.