An exact abridgment of all the trials (not omitting any material passage therein) which have been published since the year 1678: relating to the popish, and pretended Protestant-plots in the reigns of King Charles the 2d, and King James the 2d.

The Trial of

• ...Sheriffs.
  • Thomas Pilkington, Esq
  • Samuel Shute, Esq
• Henry Cornish, Alderman. Ford Lord Grey of Wark. Sir Thomas Player, Kt. Chamberlain. Slingsby Bethel, Esquire. Francis Jenks, John Deagle, Richard Freeman, Richard Goodenough, Ro∣bert Key, John Wickham, Samuel Swi∣nock, and John Jekyll, sen.

Before the Lord Chief Justice Saunders, at the Guild-Hall, London; on Tuesday, May 8. 1683.

THen and there the Defendants appeared for their Trial, upon an information against them, for the Riot at Guild-hall, on Midsummer-day, 1682. being the Day for Election of She∣riffs for the Year ensuing: To which they had pleaded Not Guilty. And the Jury appearing, the Defendants Counsel challenged the Array, because returned by Sir Dudley North, whose le∣gally being Sheriff was now in question. Which Challenge was read in French and English, and admitted of a long Debate, but was over-ruled. As was also another Challenge offered on behalf of the Lord Grey. The Defendants Counsel then prayed a Bill of Exceptions; which also was over-ruled.

The Jury sworn, were,

• Sir Benjamin Newland.
• Sir John Matthews.
• Sir Thomas Griffith.
• Sir Edmund Wiseman.
• Sir John Buckworth.
• ...Percival Gilburn.
• ...Henry Wagstaff.
• ...Barthol. Ferriman.
• ...Thomas Blackmore.
• ...Samuel Newton.
• ...William Watton.
• ...George Villars.

To whom the Information being read, the same was opened by Mr. Dolbin, and Mr. Attorn. Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence.

And then the Common Serjeant, Mr. Light∣foot, Mr. Wells the Common-Crier, Mr. Man the Sword-Bearer, Mr. King, Sir William Hooker, and Mr. Bancroft, all being sworn, deposed their knowledg about the Method of the City Electi∣ons; all concurring, That the Lord-Mayor al∣ways used to summon, and adjourn, and dis∣solve the Common-Hall; and that the Sheriffs, as Sheriffs, were no more concern'd in the Case, than any private Man.

Then Mr. Craddock deposed, (as to the Per∣sons concern'd in the Riot) That he was then standing where they poll'd, and the Lord-Mayor coming thither also, to protest against their man∣ner of Proceeding. Sheriff Bethel bid him op∣pose or resist him, for that he had nothing to do there. And that this was before the Poll was adjourn'd.

Mr. Reeves then depos'd, That he saw Mr. Shute and Mr. Pilkington encouraging the People

to Poll, after the Lord-Mayor was gone; and that while the Lord-Mayor was there, he saw a great Contest among the People, some saying he had nothing to do there; another cried, Stop the Sword, stop the Sword, whom he laid hold of; but some Body got him again from him.

Mr. John Hill deposed, That he saw then Mr. Robert Key, Mr. Goodenough, and the Lord Grey among the People, as also Mr. Cornish.

Mr. Richard Fletcher deposed, That he also was there on that Midsummer-day, by Order of Sheriff Shute, after the Lord-Mayor was gone, to call all Men that were to poll to come for∣ward, for the Books were to be shut up; and that he could only testify that Mr. Pilkington and Mr. Shute were both there.

Then Capt. Clark depos'd, That when Pro∣clamation was then made for adjournment of the Court, and God save the King was proclaim∣ed, above an hundred hist at it, and cried, No King's-Man, no Sword-Man; one of whom he laid hold on, but the Crowd was great, and he was call'd away to guard the Lord-Mayor, whom he found down upon his Knees, and the People crying, Press on, press on, and God save the She∣riffs. He guarded the Lord-Mayor home, and came again for awhile, and saw the two She∣riffs concerned in carrying on the Poll for some time.

Major Kelsey deposed, That he followed the Lord-Mayor then out of the Court, and some cried, Stop him, stop him, and gave a Shout; and he saw the Lord-Mayor's Hat upon his Back, and

he was down himself; but the Press was so great he could not tell who was there.

Mr. Trice Hammond deposed, That he saw there that Evening the Lord Grey, Mr. Key, Mr. Cornish, Mr. Goodenough, and the two She∣riffs; Sheriff Shute making Proclamation him∣self upon the Hustings, because one or two had refused it, for the adjournment of the Court; and this was two hours after the Lord-Mayor had adjourn'd the Court.

Then Mr. Higgins depos'd, That when God save the King was said, he heard the People say, God save the Protestant Sheriffs, and cry'd, Down with the Sword; and after he had attended the Lord-Mayor home, he returned thither again, and saw there one Free-man, whom they call'd the Protestant Cheese-monger, calling, To poll, to poll. That he saw Mr. Alderman Cornish come up to the Sheriffs, and tell them, they were do∣ing right, and say to Sheriff Shute, You shall have all right done to you. That he saw also Mr. Swinnock, and Mr. Jekyll the Elder there.

Mr. William Bell deposed, to Mr. Cornish, Mr. Bethel, and Mr. Pilkington's being there.

Mr. Vavasor swore to Mr. Cornish and the two Sheriffs being there; and that had it not been for Mr. Hammond, he had been trod under∣foot.

Mr. Denham deposed, That he saw Sir Tho∣mas Player, and Mr. Jenks there in the Yard.

Mr. Farrington swore, That he saw there the two Sheriffs, Sir Thomas Player, Mr. John Wick∣ham the Scrivener in Lothbury, Mr. Jenks the

Linnen-Draper, Alderman Cornish, Babington, and one Jennings an Upholsterer; and that his Toes were trode upon, and a mischief had been done him, had it not been for Mr. Fletcher and Mr. Hill.

Mr. Cartwright deposed, he knew the Names of none there, only that he saw the Lord-Mayor had like to have been thrown down, going out of the Hall, after he had adjourn'd the Court, had it not been for Mr. Shaw; and that going to save him, he wrenched his back, and spit Blood for seven days after.

Then Mr. Shaw depos'd, That the Lord-Mayor coming down the steps, there was such a crowd, that if he had not catched him in his Arms, he had fallen upon his Forehead, and his Hat was off.

Then Mr. Kemp depos'd, that Mr. Deagle confessed to him, that he was there about seven at Night.

And Mr. Rigby swore, That he saw Master Deagle there among the Crowd about that Time.

After this Mr. Williams (of Counsel for the Defendants) urged, That none of the Cries or Hissings were fixed upon the Defendants; nor were they concerned therein, though they were there. And that it was a Question, Whe∣ther the Right of Adjourning was in the Lord-Mayor? And if not, that then here could be no Riot.

Sir Francis Winnington spoke to the same pur∣pose, for the Defendants.

And then Mr. Thompson call'd Sir Robert Clay∣ton, who deposed, That in his Mayoralty there was a Poll for the Election of Sheriffs, and that he left the management thereof, which lasted five or six days, wholly to the Sheriffs, as belonging to them; and that when it was adjourned, from Saturday to Monday, he sup∣posed it was done by them, he not thinking it did belong to any Body else.

Mr. Love then deposed, That two and twenty Years ago he was Sheriff; and upon the Electi∣on of new Sheriffs, the Lord-Mayor left the management of the Hall to him, and his Bro∣ther Sheriff, bidding them look to their Of∣fice, never interposing at all; and if he had, truly he should have bid the Lord-Mayor have looked to his Office: The management of the Hall at Elections, having always been judged, in his Time, the Right of the She∣riffs.

Then Mr. Holt urg'd for the Defendants, That this Assembly, upon such a Supposition of the Sheriffs Right, could not be made a Riot, so long as no Extravagances were com∣mitted.

And Mr. Wallop spoke to the same purpose.

And then Mr. Deputy Sibley deposed, That he had been on the Livery every since 1639; and that he never remembred any Lord-Mayor to interpose in Elections till here of late, it being always left to the Sheriffs, as belonging of Right to them.

And Mr. Winstanley swore, That the Poll in

Sir Robert Clayton's Time, was managed by the Sheriffs.

Then Mr. Jackson deposed only, That the Crowd was so great, he could scarce see one way or other.

But Mr. Roe deposed, That he then saw a matter of an hundred with their Hats upon Sticks, crying, Damn the Whigs; saying, the Work was done to stop the Poll.—

Whence the Defendants Counsel inferr'd, That if there were any rudeness, those very People that came with the Lord-Mayor were the cause of it.

After this Mr. Attorny General called Sir Simon Lewis and Sir Jonathan Raymond, who were Sheriffs when Sir Robert Clayton was Lord Mayor, and they both deposed, that they took the Lord Mayor's Directions, and that he did Adjourn the Court; and they only appointed, from Day to Day, till the Pole was ended.

Sir James Smith, who was Sheriff the Year after Sir Robert Clayton, deposed, That he never heard it questioned but that the Lord Mayor had the right of Adjourning.

And then Mr. Common-Serjeant related the whole passage, and deposed, That Sir Robert Clayton did Adjourn the Court himself.

After which Mr. Williams urged particularly in defence of the Lord Grey, that he was there only accidentally, coming to Sir William Gulston with whom he was treating about selling the Mannor of Corsfield in Essex; one Mr. Ireton who treated for him, deposing, That there was

such a treating on foot; and that he heard of an appointment to meet again.

And Sir Thomas Armstrong deposed, That he saw Sir William and my Lord together that night about eight a Clock.

After which the Counsel for the Defendants urg'd, That the Case being so probable, their insisting upon it would not make it a Riot; and that the Assembly was not continued in a tumultuous Manner, but with a good Intent; and it could not be a Riot, unless there were an evil Intention to do some mischief; instant∣cing in the Case of Sir Robert Atkins.

Then Mr. Attorny General summ'd up the Evidence; asserting that Assembly to be un∣lawful, after the Adjournment of the Lord-Mayor; and a being present therein, and coun∣tenancing it, was enough to make them Guilty of the Riot.

The Lord Chief Justice summ'd up much to the same purpose.

And then the Jury withdrawing for some time, brought in all the Defendants Guilty of the Trespass and Riot.

The Trial of Capt. Thomas Walcot at the Old-Baily, London, on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex, on Thursday July the 12th, 1683.

THen and there the Prisoner was Arraign'd, (together with William Hone, John Rouse, and Capt. William Blague) upon an Indictment, for High-Treason, for conspiring the Death of the King, and raising a Rebellion in this King∣dom; To which he pleaded Not Guilty, with the other three. And after some Exceptions the following Jury was Sworn.

• ...Nicholas Charlton,
• ...Christopher Pitts,
• ...Robert Beddingfield,
• ...John Pelling,
• ...William Winbury,
• ...Thomas Seaton,
• ...William Rutland,
• ...Thomas Short,
• ...Theophilus Man,
• ...John Genew,
• John Short, and
• ...Thomas Nicholas.

To whom the Indictment being read, Mr. North (of Counsel for the King in this Cause) opened the same; and Mr. Attorney-General, Mr. Ser∣jeant Jefferies, and Mr. Sollicitor-General opened the Evidence. And then

Col. Rumsey deposed, That about the latter end of October, or beginning of November, he was sent by the Lord Shaftsbury to Mr. Shepherd's House, near Lombard-street, to the D. of Monmouth, Lord Russel, Lord Grey, and Sir Thomas Armstrong,

to know of them what was done about raising Arms at Taunton? who told him, that Mr. Trench∣ard had failed them about the Men, and they could proceed no further at that time. Where∣upon the Lord Shaftsbury said, there was no de∣pendance upon those Gentlemen, and so prepa∣red to be gone for Holland. That about a fort∣night or three Weeks afterwards, there was a meeting at Mr. West's Chamber, where was Mr. West, Mr. Goodenough, Mr. Wade and another, where the taking off the King and the Duke was proposed as the surest way; and for that end Mr. Ferguson was writ for out of Holland; who came over, upon that Letter, and Capt. Walcot with him, upon Ash-Wednesday. And they had several meetings about getting a sufficient number of Men; and Mr. Goodenough, and Mr. Rumbold brought Notes of many Names; and Capt. Wal∣cot was then present, and undertook to be one of the Men that should help to kill the King, at Rumbold's House near Hodsden in Hertfordshire, as he should come from New-Market, the Satur∣day before Easter; but Capt. Walcot refused to have an hand in attacking the Coach, only he would command a Party, that should charge the Guards. For there was to be several Parties; one small Party was to have killed the Postillion, another to kill the Horses, and Mr. Rumbold with a certain number to seize the Coach, and Cap∣tain Walcot the Guards: but the Fire at New-Market causing the King to return on the Tues∣day before Easter, they could not have their Men in a readiness, and so were disappointed. Im∣mediately upon this, it was resolved on in ano∣ther

meeting, whereat the Prisoner was, that Money and Arms should be provided; and Mr. Ferguson undertook the raising of Money, and Mr. West the buying of Arms therewith; and Mr. Goodenough and Mr. Rumbold the providing of Men to be in a readiness against the first op∣portunity that happened, further designing to kill the King as he came from Windsor to London, or from Windsor to Hampton-Court, or the Play-House; and that Mr. West did tell him, he did buy Arms, and received 100 l. of Mr. Ferguson for them. That the Thursday before the Dis∣covery they met at the Salutation in Lombard∣street, where was Captain Walcot, Mr. West, Mr. Wade, the two Goodenough's, Mr. Nelthrop, and himself discoursing about the Division of the City into 20 parts, 7 of which Mr. Goodenough gave an account of. That on the Saturday fol∣lowing they appointed another meeting at the George on Ludgate-hill; but the Discovery com∣ing out, there met only four of them: And the Monday after the Discovery they met again at Capt. Tracy's, there being the Prisoner, Mr. West, Mr. Wade, Mr. Nelthrop, the two Goodenough's, and Mr. Ferguson, who exclaimed against Keeling, and resolved to be gone.

Then Mr. Keeling being Sworn, related, how before the King went to New-Market, he was drawn in by Goodenough, and provided Burton, Thompson, and Barber to join in killing the King, whom Rumbold encouraged thereto, by telling them the conveniences of his House for that pur∣pose, being a lone House, and having a Court-Wall; using this as an Argument, That to kill the

King and the D. of York would be a keeping one of the Commandments, because unless that were done, there would be a great deal of Blood-shed committed; telling them the way how they designed to effect it, as before; and if this way failed, then there should be Men in the Habit of Countrey-men, with a Cart in the Lane, who should run the Cart a-thwart the Lane, and so stop the Coach. —That at the Dolphin-Tavern in Bartholomew-Lane, where were Rumbold, West, Goodenough, and Hone the Joyner; he heard West talking to Rumbold about the King's returning from New-Market, asking him how many Swan-Quills, Goose-Quills, and Crow-Quills, with Sand and Ink he must have? To which was answered, 6 Swan-Quills, 20 Goose-Quills, and 20 or 30 Crows-Quills: saying that by Swan-Quills was meant Blunderbusses, by Goose-Quills Muskets, and by Crows-Quills Pistols, and by Sand and Ink Powder and Bullets. —That he was at the Salutation-Tavern in Lombard-street with the Pri∣soner, and others, the Thursday before the Dis∣covery, where some of them call'd him Gulick (there being then a Report of one Gulick that headed a Rising at Cologn) Mr. West telling him that Gulick in Dutch was Keeling in English; and that he hoped to see him at the Head of as good an Army in Wapping, as Gulick was at Co∣logn; which was all he could say as to the Priso∣ner. —He gave them a further account, how Goodenough gave him 3 Papers of 3 Divisions of the City, one for himself, and the other 2 for whom he could trust; advising him to take 9 or 10 Men to his Assistance, who were to ask seve∣ral

Persons, Supposing that the Papists should rise, or be a French Invasion, Are you in a Posture of Defence? Which was all they were to communi∣cate, and by this means feel them, and see how many Men could be raised; telling him moreover of a Design to kill the King and the Duke at the Bull-Feast, and lay it upon the Papists as a Branch of the Popish Plot: and that one was drawing a Declaration to take away the Chimney-Money, that so the common People might fall in with them more readily. Saying, that it was trouble of Mind caused him to make this Discovery, which he did to one Mr. Peckham, who brought him to the Lord Dartmouth, and thence to Mr. Secretary Jenkins: Acknowledging himself to be the Person who arrested the Lord-Mayor; and that Goodenough did tell him, that the Design was to secure the Lord-Mayor, and the Sheriffs, and the Tower.

Then Mr. Zachary Bourne depos'd, That he came acquainted with the Prisoner by means of Mr. Ferguson who lodg'd at his House; That he was at their Meeting at the Dragon upon Snow∣hill, where the Prisoner was; and their Dis∣course was about a Design of raising and dividing the City into 20 parts, in order to the securing of his Majesty and the Duke of York, and set∣ting up the Duke of Monmouth. That he was at the Meeting also at the Salutation in Lumbard-street; and that the first meeting he had with them, was about ten days before the Discovery. That Mr. West spoke about securing the Lord Keeper, for that he would call him to account for Colledge's Death. That he would have spoke

to two Nonconformist Ministers concerning this Design, but Mr. West was unwilling, and said, the Ministers had destroyed all Designs ever since Constantine's Time, and he would have nothing to do with them now. That he met also with them at Capt. Tracey's on the Monday after the Discovery, where the Prisoner was, and there they discoursed about killing of Keeling; and rather than be hang'd, thought it better to stand to it with Swords in their Hands. That he ne∣ver heard indeed the Prisoner speak any thing of assassinating the King, but that he had several times heard a discourse of Lopping, (by which was meant taking off the King and the Duke) and supposed the Prisoner had been at the hear∣ing of it too, as being the Discourse of several Meetings.

Then Mr. West deposed, That one Mr VVil∣cocks brought him and the Prisoner first acquain∣ted; who in November last imparted a Secret to him of a Design, of an Insurrection to be made within three Weeks or a Month, wherein the Lord Shaftsbury was engaged, and had engaged him; saying, that he had an expectation of be∣ing a Colonel of Horse, proffering the Witness a Command under him; which he declined, be∣cause he had not a Constitution to bear the Toils of War.—That the Prisoner then told him also of another Design the Lord Shaftsbury had upon the King and Duke, as they came from New-Market in October last; but that he abhorr'd any such ungenerous thing, and would not be con∣cern'd in it, but only in a general Insurrection; asking to have borrow'd a Suit of Silk-Armour

of the Witness, and employ'd him to procure him a stiff Tuck: farther telling him, that the Lord Shaftsbury was preparing a Declaration to be published, in case of an Assassination or Insurrection, asking the Witness to undertake to do one too; because he would have several People draw it, to pick one good one out of all; shewing him some Collections which he said he had made towards it: Which was a Collection of all the Passages in the three Reigns of King James, Charles I. and this King; which he cal∣led Attempts to introduce Arbitrary Government and Popery; taxing them with some personal Vices, and that the Government was dissolved, and they were free to settle another Govern∣ment. Acquainting him that Mr. Ferguson had the management and conduct of the Assassinati∣on in October; and that he likewise was acquain∣ted with the Insurrection, and was a great Man in it. Meeting therefore with Ferguson, in dis∣course he told him, that there was but two ways for the People to preserve themselves from Bondage; and one was by a general Insurrection; the other by killing the King and Duke, which he said was the best way. Then going to a Ta∣vern with him, where was Col. Rumsey and one Row, they appointed to meet at the Witness's Chamber, as a place of privacy and little obser∣vation: Where when they met, Mr. Ferguson proposed several ways of Assassinating the King and the Duke. One was, as the King and Duke had their private visits in St. James's; another was, as they went down the River, by over∣turning or sinking their Barge; another was at

the Play-House, by forty or fifty Men placed in the Pit with hand-Blunderbusses, Pistols and Swords, who when the Musick struck up between the Acts, should fire upon the Box. But because this was thought hazardous, they thought it bet∣ter to do it as he came back thence, in Covent-Garden under Bedford-Garden Wall. That Col. Rumsey also did say, He wondred that the Lords and great Men that were so fond of the King, did not raise a Purse, and buy some Body an Office, who should rail against the Duke of Monmouth, and the Whiggs, and by that means get himself an opportunity of access to the King's Person. That Capt. Walcot also told him, after the Design in October had miscarried, that there was another Design of attaquing the King and the Duke at my Lord-Mayor's Feast, in the Hall, or in their return Home, in Paul's Church-Yard, or at Ludgate: And that Mr. Ferguson told him the same thing; but the King not di∣ning there, the thing was wholly disappointed. That after these Discourses, Mr. Ferguson re∣tired to Holland, being afraid because of a Book that he had printed; and Capt. Walcot went with him. That there he staid till they writ for him to come over; and then they had several meetings, and resolved upon the Assassination at Rye-House, Mr. Ferguson, Mr. Goodenough, and Mr. Rumbold undertaking to provide Men: And the providing of Mony and Arms was also discours'd on, and the manner of doing it proposed; the Prisoner being to attaque the Guards, he refu∣sing any other part therein. Rumbold propos'd a way to bring them off, when the thing should

be done, over the Meadows, and so by Hackney-Marsh; which the Prisoner did not like, but ra∣ther that they should retire within the Wall, and there keep till Night, being a place they could defend against any Force for a day's time. That as to the Design upon the King's coming from the Play-house, one Mr. Row told him he had dis∣cours'd with one Gibbons, that was the Duke of Monmouth's Servant about it, and ask'd him, if any of their Family knew of it? and he said, They all knew of it, but would not be seen in it; and said, that he shew'd him the place. That after the disappointment at Rye-House, they adjourned to his Chamber to consider what they should do. And a day or two after they met at the Dolphin Tavern, where Mr. Keeling talking of Blunderbusses and Pistols in down∣right English; he told him it was a foolish thing to talk so before Drawers, and that was the oc∣casion of calling them by the Names of Swan-Quills, Goose-Quills, and Crow-Quills. At the next Meeting (which was the next Week) at the George and Vulture, where was the Prisoner, Mr. Goodenough, Mr. Ferguson, one Norton, and one Ayliff; They agreed to buy Arms, viz. 10 Blunderbusses, 22 Inches in the Barrel; 30 Carbines, 18 Inches; and 30 Cases of Pistols, 14 Inches; putting him upon the buying of them, because he was serviceable no other way; and could have a Pretence for it, because he had a Plantation in America; but Mr. Ferguson was to pay the Mony; which he did, after he had bought the Arms, with 93 Guinies, which as he supposed came from Mr. Charlton.

That at the last meeting with Mr. Ferguson, he heard him say, That there was a Man im∣ployed to see what conveniency there would be for an Assassination between Windsor and Hampton-Court; but that was never reported, and so laid aside. That had the Assassination gone on, these things were to be done; The Lord-Mayor and Sheriffs were to be kill'd, and as many of the Lieutenancy as they could get: and Papillon and Dubois be forc'd to take the Office of Sheriff upon them, or else be used as the rest. And Sir Thomas Gold, Sir John Shorter, or Alderman Cornish (who was thought the fittest Person) be set up for Lord-Mayor. The Principal Ministers of State also were to be kill'd, the Lord Hallifax, the Lord Rochester, and the Lord Keeper (whom they said they would hang upon the same post that Colledge was hang'd upon for his Murder); Sir John Moor was to be kill'd, and hung up in Guild-Hall; and the Judges to be flead and stuffed, and hung up in Westminster-Hall. And several of the Pentionary Parliament were to be hang'd up also. The King's Natural Sons they said were good lusty Fellows, and would serve for Porters or Water-men; and the Lady Ann they would marry to some Country Gentleman for a Breed to keep out Foraign Pretences. And that the Prisoner at the Bar was, sometimes at these Meetings, when these things were discoursed of, though not so often as the rest. And after the News of the Fire, he said he believed God shew'd his disapprobation of the thing, desiring to have his Name concealed; whereupon Ferguson

told him, he needed not to be ashamed, for that it was a glorious Action, and such an Action as he hoped to see publickly gratified by the Parliament; and question'd not but they should be fam'd for it, and have Statues erected for them, with the Title of Liberatores Patriae.— That he had told some Nonconformists, who desired him to forbear; but, says he, they are silly People, that do not know how to distin∣guish between killing a Prince for difference in Opinion about Religion, and destroying a Ty∣rant, for preservation of the Rights and Liber∣ties of the People; saying, it was an Action that would make all the Princes of the World tremble, and teach them to use their Subjects kindly. That about Christmass Col. Rumsey ac∣quainted him of an Insurrection design'd to be about March, carry'd on, by the D. of Monmouth, Ld. Russel, Ld. Grey, Ld. Howard, Col. Sidney, Major Wildman, and Mr. Hambden; to whom they drew up some things to be done for the People, but they were rejected in regard all was to be left to a Parliament.—That he was at the Salutation, where Mr. Nelthrop called Mr. Keeling, Culing.—That there was a Treaty with the Scot's, but was broke off, as Mr. Fer∣guson told him, because they would not present∣ly declare for a Common-Wealth.—That at the Young Devil-Tavern, he met with the Priso∣ner, and others, where Holloway did propose, that since the Scotish Business was broken off, they should try what Forces could be rais'd here: and Mr. Ferguson did say, that if 3000 Men could be had, he believed the D. of Monmouth

and the Lord Russel would appear in the head of them. That a Map was brought, and the City divided into 20 parts; and each 20th part into 14ths and 15ths, and one principal Man was to have one 20th Part; and that Goodenough re∣ported afterwards that there were 1300 Men out of two of the Hamlets.—That Mr. Bourn told him he had spoken to one Parson Lobb, who said, he would try what his Congregation would do.—That about a fortnight before the dis∣covery, Rumbold told him the jealousy he had of Keeling, which if he could be satisfied of, that he design'd to betray them, he would get him into the Country and kill him; but upon the Saturday before the Discovery, Rumbold and one Gale, that was to be one of the Assassinates, lent Keeling 100 l. he being in need, and they unwilling to discourage him.

On the Monday after the Discovery, they met in the Morning at Capt. Walcot's Lodging, where it was agreed to go beyond Sea, only the Witness had no mind to go, and a Boat was hired, and 5. l. given in earnest; But under∣standing the Messengers were abroad, and be∣lieving the River was beset, every Man shif∣ted for himself; and the Witness shifted by the means of Mr. Bourne who help'd him to a Conveniency for two or three days.—That being thus retired, they got Mr. Keeling in the City, and Rumbold discours'd him in the pre∣sence of several Persons, who denied that he had discovered, wishing a great many Impre∣cations upon himself. That after some dis∣course of killing him, they propos'd to him to

go out of Town, which he refused. That the same Night, upon tracing him, they found he had called out his Brother, and was gone to the Secretary's; whereupon it was took for granted that the Discovery was made, and that every Man must shift for himself. That upon that, Mr. VVade said, That if the Duke of Monmouth would go into the West, they might try a Push for it still. And the Prisoner at the Bar said, he was satisfied God would deliver the Nation, but that he did not approve of the present Instruments.

Thus the sum of what was fastned on the Prisoner was, That he was at several Meetings, where the killing of the King and Duke was consulted of; that he went down to Rumbold's House to view the Place, and undertook to fight the Guards.

To this he pleaded, that he never was at Rum∣bold's House, but once, as he travell'd from York by Norwich, and so to London. And that he was not so natural a Fool to think, for him to charge the Guards, when another kills the King, but that he should be as Guilty as he that kills. And that he was ill of the Gout all the while the King was at New-market. And for that Assassinating the King, it never entred into his thoughts more or less.

But a Letter was then produc'd under his own hand to Sir Lionel Jenkins, Secretary of State, purporting,

His trouble to see himself in his Majesty's Proclamation, and his resolution to lay himself at his Majesty's Feet, and acknow∣ledg his Crime, and discover all he knew re∣lating

to England, Scotland, and Ireland, which he supposed might be more than the Original Discoverer was able to acquaint his Majesty with. And farther, That if his Majesty thought fit, he would follow those Lords and Gentlemen who were fled, and as soon as he could, would inform his Majesty what Mea∣sures they intended to take next. Otherwise he was resolved to give his Majesty no fur∣ther trouble, but to lie at his Mercy, let him do with him what he pleased.

This letter Mr. Blathwait swore, Capt. VValcot owned for his, when he was examin'd before the King.—And Capt. Richardson swore like∣wise, that yesterday, his Clerk discover'd a piece of Paper in the Prisoner's Hand, which he designed to have given his Son; which was a Letter to Capt. Tracy, his Landlord, to de∣sire him to speak to Col. Rumsey, and Mrs. VVest to speak to her Husband to be tender of him, have ground enough to serve the King upon other Men; and the last words of the Note, were, If you cannot be Private, leave the Issue to God.

To the whole the Prisoner pleaded, That the Witnesses had made long Speeches, though very little of them relating to him, though too much. That he was sent for out of Ireland (where his Habitation was, being a Man of a competent Estate) by the Lord Shaftsbury, to go Gover∣nour to Carolina; but it being some while before he came, his Lordship gave his Commission to another. That being in England, the Lord Shafts∣bury invited him to go with him into Holland,

which he did; and upon his Lordship's Death he returned to London. That he confess'd it was his folly to frequent this Company; but it was plain that the Witnesses had sufficiently dipp'd themselves, and therefore to save their own Lives, they had combin'd to take away his. That he did hear a deal of what they had now deposed, but never had any hand in it, either directly or indirectly, and therefore supposed his Crime could be only Misprision of Treason.

The Jury then desiring he might be asked, What he had to say to the Letter? he replied, That what he had promised, he undertook up∣on his intimacy with Mr. Ferguson, by whose means he believed he should have an Interest with the rest. That he did, according to his Promise, give an Account of what he had heard; but the King was not pleas'd with him, because he did not descend to Particulars; which he could not do, he having never been at any of their Meetings or Debates, nor knew any thing but what he had by a private Hand.

He then produced one Witness, who testified his being ill of the Gout for about three Months, but could not certainly tell the Time.

After this Mr. Sol. Gen. having summ'd up the Evidence, the Ld. Ch. Justice gave his Charge to the Jury; who after about half a quarter of an hours consideration, returned, and brought the Prisoner in Guilty.

The Trial of William Hone, at the Old-Baily, on Friday, July 13. 1683.

THen and there the Prisoner appearing, ha∣ving been arraign'd the day before, for Conspiring the Death of the King, and the Sub∣version of the Government, and for providing himself with Arms to that purpose: And after some frivolous Evasions, pleaded Not Guilty, (though he confess'd himself then Guilty of the Conspiracy, but not of providing Arms): He desired now to retract his Plea, and confessed the Indictment; though still denying that he had provided Arms; but owning that his De∣position before Sir William Turner was true, and that he was asked by Mr. Richard Goodenough to go along with him; but was not told whither, though he understood it was to kill the King and the D. of York.

But this not being taken for a full Confession, Serjeant Jefferies desired he might be tried. So the Jury were sworn, without any Challenges, viz.

• ...Nicholas Charlton.
• ...Christopher Pitts.
• ...Robert Beddingfield.
• ...John Pelling.
• ...William Winbury.
• ...Thomas Seaton.
• ...William Rutland.
• ...Thomas Short.
• ...Theophilus Man.
• ...John Jenew.
• ...John Short.
• ...Thomas Nicholas.

To whom the Indictment being read, Mr. Jones and Mr. Attorny General opened the same.

And then Mr. Keeling deposed, That he saw the Prisoner at the Dolphin-Tavern, where the Arms were agreed upon, and the King's coming from New-Market discoursed on; and about the Swans-Quills, Goose-Quills, Crows-Quills, Sand, and Ink, &c. After which he took acquain∣tance with him, and after some time told him, he was one of them that was to go down to Rye to Assassinate the King. And since, at a Coffee-House in Swithen's Alley, he told him, It would never be well, till the Black-Bird and the Gold-Finch were knocked on the Head; meaning the King and the Duke of York.

Mr. West then deposed, That he was at the Meeting before-mentioned; but that he was sure the Prisoner did not come in till the Dis∣course was over. That he told him then that Mr. Goodenough had spoke to him about a little Job for the Duke. That he had seen him often in the Company of Manning, who was designed to be another of the Assassinates. That being once at his Chamber, the Prisoner said to him, Master, shall we do nothing? Adding, that if the Duke of Monmouth would be true and appear, he could bring fifty or sixty honest Men of t'other side the Water to do the Business; either a brisk Push, or the two Brothers, the Captain and Lieu∣tenant, which were, the terms they used since the Van-Herring was printed. That he thought him a pretty honest Fellow before this Time; and that he thought him deluded by Goodenough in the thing. Whereupon the Ld. Ch. Justice

asked West, if be came to justify these things? West reply'd, That he had been basely deluded, and he was sorry for the poor Fellow: Which caus'd the Ld. Ch. Justice to tell him, that it was unusual for Men in his Condition to use such Ex∣pressions in such a Case. And being afterwards told by Mr. Serj. Jefferies, that he found him not worthy of the Mercy the King had shewn him: Then Mr. West reply'd, That it was a Word put from him unawares.

Then Sir Nicholas Butler deposed, That he had long known the Prisoner, and that he was al∣ways ready for plotting such Purposes as were now laid to his Charge. For that when Sir Fran∣cis Chaplain was Lord-Mayor, and the King stood at Mr. Waldo's the Prisoner came to his House, and told him, that now they had a fair Opportunity to take off the King and the Duke at once: To which purpose there were to be half a dozen with Cross-Bows, at a Window in Bow-Steeple, just opposite to the Balcony. That thereupon he acquainted the King and the Duke of York herewith, and one Horsel was appoin∣ted to search and watch the Steeple, but none came; and that the Prisoner upon his Exami∣nation hereof before the King, had confessed all this.

Capt. Richardson deposed, That he was by while Sir Nicholas examin'd the Prisoner, as to the Crime he now stood charged with; and that he said, that Mr. Goodenough came and told him he wanted Labourers; and that it was to kill the King and the Duke of York; and confess'd, that he agreed to be one that would undertake it;

and that Goodenough promis'd him 20 l. to bu him an Horse and Arms. That at another Meet∣ing, he said, he was for killing the King, and saving the Duke; but Goodenough was for both. That he told them the Business of Rye, which place he knew not; but said, it was the place where the King was to be murdered.

To all this the Prisoner said little or nothing, only that he did not know the place where, nor when it was proposed about the Rye; and that he was drawn into it by Goodenough. That as to the Cross-Bows he was only told it, but never design'd it. And being ask'd what Religion he professed? he answered, That he heard some∣times Baptists, sometimes Independents, and some∣times Presbyterians.

After a short Charge, the Jury brought him in Guilty without stirring from the Bar.

The Trial of William Russel Esq at the Old-Baily, on Friday, July 13. 1683.

THen and there the Prisoner appearing, he was Arraigned upon an Indictment of High-Treason, for conspiring the Death of the King, and subversion of the Government: To which being required to plead, he desired a Copy of his Indictment; but being told no∣thing could be granted till he had pleaded, he pleaded Not Guilty. And then complain'd of his being arraign'd and tried at the same time;

desiring a Copy of his Panel, having had only some Names of Persons usually upon Juries; and that his Trial might be deferr'd till the Af∣ternoon, in regard he had a Witness that was not in Town. But the Attorn. Gen. urg'd the Jury might be called. Then the Prisoner desi∣red a Pen and Ink, and some to write for him, and to have the use of his Papers; all which were granted.

And then John Martin being named, the Lord Russel asked if he were a Free-holder of forty Shillings a Year; saying, that he thought none were allowed but such as were Free-holders. To which the Court replied, That no Pannel was made in London by Free-holders, for that London Estates, belonging either to the Nobility or Gentry that lived out of the City, or to Cor∣porations, London was excepted.

To this his Lordship urged the Statute of 2 Hen. 5. 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 Attorn. Gen. not allowing the Priso∣ners Exceptions, his Counsel were called, and again assigned him by the Court, Mr. Pollexfen, Mr. Holt, and Mr. Ward; who learnedly urged what they took to be Law in that Case; and were answer'd by the Attorn. Gen. Mr. Sol. Gen. Sir George Jefferies, and Mr. North the King's Counsel. And then it was adjudged, by eight of the Judges being present, (viz. the Ld. Ch. Justice, the Ld. Ch. Baron, Mr. Justice Wynd∣ham, Mr. Justice Jones, Mr. Justice Charlton, Mr.

Justice Levins, Mr. Baron Street, and Mr. Justice Withens) that in case of Treason, Free-hold was no good cause of Challenge. The Jury-men therefore were called; and after the Lord Russel hah challenged 31 of them, the following Per∣sons were sworn, viz.

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

To whom the Indictment being read, the same was opened by Mr. North, and the Attorny-General opened the Evidence.

And then Col. Rumsey being sworn, deposed, That about the latter end of October, or begin∣ning of November, the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's, to the Duke of Monmouth, the Lord Russel, Lord Grey, Sir Thomas Armstrong, and Mr. Ferguson there met, to know what Resolution they were come to about the rising of Taunton: Their answer was, That Mr. Trenchard had failed them, that he had promised 1000 foot and 300 Horse, but when he came to perform it, he could not. He thought the People would not meddle, unless they had some time to make Provision for their Families. That Mr. Ferguson made this Answer, the Lord Russel and the Duke of Monmouth being present, and the Lord Grey saying something to the same pur∣pose.

And upon this it was, the Lord Shafts∣bury prepared to be gone. That he was with them at Shepherd's about a quarter of an hour, and that there was some discourse about seizing of the Guards at the Savoy and Mews, in case the Insurrection had gone on, (which was to have been on Novemb. 19.) and that the Duke of Monmouth, the Lord. Grey, and Sir Thomas Armstrong undertook to view the Guards; and that the Lord Russel assented to all this; and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time.

Then Mr. Shepherd deposed, that in October Mr. Ferguson came to him in the Duke of Mon∣mouth's Name, to request 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 Lord Grey, the Lord Russel, Sir Thomas Armstrong, Col. Rumsey, and Mr. Ferguson, one after another. That Sir Thomas Armstrong desired they might be private, and therefore what they wanted, he fetch'd up himself, not suffering his Servants to come up. That their Discourse was about seizing the Guards; and the Duke of Monmouth, Lord Grey, and Sir Thomas Armstrong, went one time to view them; and the next time they met at his House, he heard Sir Thomas say, the Guards were very remiss in their Places, and not like Soldiers, and that the thing was feasible if they had strength to do it. That they met twice at his House, and the Prisoner was there both times. That Mr. Ferguson read a Paper, in the Nature of a Declaration, setting forth the

Grievances of the Nation in order to a Rising. He could not say the Lord Russel was present at the reading of it; but Col. Rumsey was; who then deny'd it, saying, it was over before he came.

Then the Lord Howard, being sworn, began his long Evidence with a low Voice (pretend∣ing the News he had just then receiv'd of the Earl of Essex's Fate, had sunk his Voice) and a long Story of the Designs of the Earl of Shafts∣bury, an Account of which he had from Capt. VValcot, whom he brought acquainted with the Earl of Shaftsbury; and by whom the Earl of Shaftsbury sent for him, while he absconded, at one VVatson's at the end of VVoodstreet, and there discover'd to him his Design of the Ri∣sing, and that he had 10000 brisk Boys ready to follow him, whenever he held up his Finger, who were to possess themselves of the Gates, and would in an Hour's time be 5 times multi∣plied. But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel, who failed him in not being ready prepared to concur with him in the Country; that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Underta∣king, and proffer'd his Service to bring them to a right Understanding among themselves: to this end he spoke with the Duke of Monmouth, who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incourage∣ment to be so forward, because they knew the Country could not be ready to stir so soon.

That a Meeting was then propos'd, but after∣wards put off, by reason of the Earl of Shafts∣bury's fears of being discover'd. That the Duke of Monmouth told him, that the Lord Russel had been with the Earl of Shaftsbury, and preswaded him to put off his Rendezvouz for only a Fortnight, against which time they would try to be ready for him. But the Country not being ready, that Design was disappointed. That in October Captain Walcot acquainted him with the Design upon the King, with which he acquainted the Duke of Monmouth, who said he would never suffer it, and they did all they could to prevent it. This failing, the next Design was to be on Novemb. the 17th; but the Country not being then in a readiness, the Earl of Shaftsbury upon hearing it, went away for Holland. That after this they all began to lie under a sense, that they had gone so far, and communicated it to so many, that it was unsafe to make a Retreat; And for the carry∣ing it on, thought it necessary there should be some General Council, that should take upon them the care of the whole: Whereupon they erected the Council of six, which consisted of the Duke of Monmouth, Earl of Essex, Lord Russel, Mr. Hambden jun. Col. Sidney, and him∣self. That these met at Mr. Hambden's House about the middle of January last; and there the Particulars offer'd to their Consideration, whereto they were to bring their Advice, were, Whether the Insurrection were most proper to be begun in London, or in the Country, or both in an Instant? What Countries and Towns

were fittest, and most dispos'd to Action? What Arms were necessary to be got, and how to be disposed? How to raise a Common Bank of 25 or 30000 l. to answer all Occasions? And lastly, How to draw Scotland to consent with them, it being thought necessary that all Diversion should be given.—That about ten Days after, the same Persons met again at the Lord Russel's; where it was resolv'd to send into Scotland, to invite some Persons hither, who could give the best accompt of the State thereof, viz. Sir John Cockram, the Lord Melvil, and Sir Hugh Campbel; and that in Discourse it was referr'd to Col. Sidney, to take care of that Business; who afterwards told him, he had sent Aaron Smith, and given him 60 Guinies for his Journey. That to avoid Observation, they concluded not to meet till the return of this Messenger; and he going in the mean time to his Estate in Essex, and thence to the Bath, he knew no∣thing more; only when he came back he was informed Smith was come back, and Sir John Cockram with him. That he was sure the Lord Russel was present at these Meetings; and to his understanding did consent, though nothing was put to the Vote; And he wished he could say the Lord Russel was not there. To this the Prisoner insisted, that most he had said was only hearsay, and the two times they met, was not upon any formed Design, but to talk of News, and they were delighted to hear the Lord Howard talk, being full of Discourse, of a voluble Tongue, and talk'd well. And that he never saw any of the Scotch Gentlemen, only

the Lord Melvil, but never upon this Ac∣count.

Here the Attorny General urged that Aaron Smith did go into Scotland, and that Campbel he went for was taken; which Mr. Atterbury swore that he was then in his Custody, and that he had been, by his own Confession, four days in London before he was took.

Then Mr. West deposed, That he never had any Conversation with the Prisoner, only he had heard Mr. Ferguson and Col. Rumsey say, that the Lord Russel, in the Insurrection in No∣vember, intended to take his Post in the West, where Mr. Trenchard had failed them; and that they most depended upon him, because he was looked upon as a Person of great Sobriety.— But this being all but Hear-say, the Court would not admit it as Evidence.

The King's Counsel therefore left the Evi∣dence here, and call'd on the Prisoner to make his Defence; who to all this made Answer, That he could not but think himself mighty unfortunate to stand there charg'd with so high a Crime, and that intermixed with the horrid Practices and Speeches of other People, the King's Counsel taking all Advantages, and improving and heightning things against him. That he was no Lawyer, an unready Speaker, and not so well prepared as he should be, &c. That he thought his Jury were Men of Consci∣ences, and would consider that the Witnesses against him swore to save their own Lives. Neither was what Col. Rumsey swore enough to take away his Life; or if it were, the Time

was elapsed by the 13th of this King, which limits Prosecution to six Months. Neither was a design of Levying War, Treason, unless it appeared by some Overt-Act, as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted; it was told him, upon the 25th of Edw. the 3d. Where∣upon he desired Counsel upon these two Points, as Matter of Law; Whether the Treason were duly proved? and if it were, Whether it were punishable by the Statute?

In Answer to which, the Court inform'd him, That if he were contented that the Fact should be taken as proved against him, and desired Counsel upon what was bare Matter of Law, he should have it granted; but there could be no Matter of Law admitted, but upon a Fact admitted, and stated.—And whereas he in∣sisted, that the Business at Mr. Shepherd's House was sworn to only by one Witness; It was answered, that if there were one Witness of one Act of Treason, another of a 2d, and ano∣ther of a 3d, that manifested the same Treason, it was sufficient.—The Statute then of 25th of Edw. 3d. c. 2. was read.

And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's; and Col. Rumsey was there before he came in: but Rumsey said, No, the Duke of Monmouth and the Lord Russel went away together.

Then in behalf of the Prisoner, the Earl of Anglesey declared, That visiting the Earl of Bedford last week, the Lord Howard came in, and told the Earl of Bedford that his Son could

not be in such a Plot, or suspected of it; and that he knew nothing against the Lord Russel, or any Body else, of such a Barbarous Design. And then going on to tell what the Lady Chaworth had told him, the King's Counsel in∣terrupted him, telling him, as the Court would not permit them to give Hear-say-Evidence against the Prisoner, so they must not permit his Lordship to do it for the Prisoner.

Mr. Edward Howard declared, That the Lord Howard took it upon his Honour and his Faith, he knew nothing of any Person concerned in that Business; and no•• only thought the Lord Russel unjustly suffered, but he took God and Man to Witness, he thought the Lord Russel the Worthiest Man in the World.

Dr. Burnet declared, The Lord Russel was with him, the Night after the Plot broke out, and did then, as he had done before, with Hands and Eyes lifted up to Heaven protest, that he knew nothing of any Plot, nor believ'd any, and treated it with great Scorn and Con∣tempt.

The Lord Cavendish testified to the Prudence and Honour of the Lord Russel, and how un∣likely it was for him to be concern'd, and had heard him declare his ill Opinion of Rumsey, two or three Days after the Discovery, and therefore that it was unlikely he would entrust him with such a Secret.

Dr. Thomas Cox, and Dr. Burnet again testi∣fied as to his Life and Conversation, and of his aversness to all Risings; and that he said the Lord Howard was a Man of Luxureant Parts,

but he had the luck not to be trusted by any Party.

Dr. Tillotson, Duke of Somerset, Lord Clif∣ford, Mr. Levenson Gore, Mr. Spencer, and Dr. Fitz-VVilliams spoke as to his Lordship's Con∣versation.

And then the Lord Howard being asked by the Jury what he said to the Earl of Anglesey's Evidence, owned what the Earl said, but that he did it to out-face the Matter; and if he said untrue, he ought not to be believed on his Oath; insinuating, that he meant what he said, to be meant of a Design of Murthering the King, which he did not not believe the Duke of Monmouth or the Lord Russel guilty of: Carrying his knife close (as he express'd it) be∣tween the Paring and the Apple.

After this the Lord Russel made a short Con∣clusion, protesting his Loyalty and Innocence; telling the Jury he was in their Hands, and pray'd God to direct them.

Then the Solicitor General summ'd up the Evidence, and after him Serjant Jefferies taking Notice of the Earl of Essex's Death, as an Evidence of Guilt, did the same. And the Ld. Ch. Justice deliver'd his Charge to the Jury; and then the Court Adjourned till 4 a Clock in the Afternoon, when the Jury brought the said Lord Russel in Guilty of the said High-Treason.

The Trial of John Rouse Gent. at the Old-Baily, on Friday, July 13. 1683.

THen and there the Prisoner appearing, (having been arraigned the day before up∣on an Indictment of High-Treason, for conspi∣ring the Death of the King, and subversion of the Government, and pleaded Not Guilty) he moved the Court, but in vain, for longer time: And therefore the Jury sworn, after several Challenges, were,

• ...Robert Beddingfield.
• ...John Pelting.
• ...William Windbury.
• ...Theophilus Man.
• John Short, sen.
• ...Thomas Nicholas.
• ...Richard Hoare.
• ...Thomas Barnes.
• ...Henry Robbins.
• ...Henry Kempe.
• ...Edward Raddish.
• ...Edward Kempe.

To whom the Indictment being read, Mr. Jones, and Sir George Jefferies opened the same; and then Thomas Leigh was sworn; against whom the Prisoner excepted, because he had been sworn against as Guilty by two Persons; and being ac∣quainted with the Prisoner, he was afraid the Prisoner should swear against him, and therefore come now to swear against the Prisoner first. But this was not allowed to be any Objection. Therefore Mr. Leigh deposed, that he had been concern'd in this Conspiracy, and knew some∣thing of it, but that he believed Mr. Rouse knew a great deal more; for that Goodenough and the

Prisoner engaged him in a Design of raising of Men; and Goodenough told him the Design was to set up the Duke of Monmouth, and kill the King and the Duke of York; and that Sir John Moor and the Aldermen were, to be kill'd, and their Houses plundred; and that there would be Riches enough which would serve to maintain the Army. That Mr. Rouse told him, he could provide Arms for 100 Men, and that nothing was to be done unless the King was seized; say∣ing, we might remember since 41, when the King went and set up his Standard; therefore, said he, we will seize them, that they shall not set up their Standard: But said, he was not for shedding their Blood. That he said also, it would be convenient to have a Golden Ball play'd upon Black-Heath, and to get some Sea-Captains to manage that Affair, and said, he would engage Ten; and he that wins the Ball, take it. That every Captain should then take his Party, and tell them they had other work; and then go with Long-Boats and Arms and seize the Tower. That he acquainted Goodenough with this; and telling him the Charge of the Ball, which the Prisoner had told him would be 10 or 12 l. he said if it were 40 l. he would be at the Charge of it all. That after he heard he was sworn against, Mr. Rouse cut off his Hair, and procured him a Wig, and lodged hint at his House. That he and Rouse, and Mate Lee went several times to view the Tower. That Rouse told him, he had spoke to two Sea-Captains, who were willing, but one was going to New-Jersey, and therefore the Work must be done

before he went, or he could not assist. That while he lay hid at Rouse's House, Mr. Nelthrop and Mr. Goodenough directed him to deny all, when-ever he should be taken into Custody, and if could not touch his Life.—That they met se∣veral times afterwards; and had an Account in June last, that Mr. Goodenough was in the North raising Men, and that the Duke of Monmouth was thereabouts, and that a Deliverance should be wrought for all this. That the Design was so laid, that he was told it was to be done in a Fort∣night. That they never agreed on a Method to kill the King, but that they told him they had 1000 Horse ready in the Country, and 500 Horse ready in Town, and that the King should be kill'd coming from Windsor. That they were contriving to send Arms by Night in Trunks to some private Place, where they were to arm themselves in the Night; and some brisk Men were to go to VVindsor to know when the King came, and give Information; and so they were to set upon him in some convenient Place, and both the King and the Duke were to be taken off together: Mr. Rouse saying, Take them off, and then no Man can have Commission to fight for them. And both to him, and in Company, Mr. Rouse (who had been a Traveller) had said, That the King was sworn, both in France and Spain, to bring in Popery and Arbitrary Power in so many Years, and therefore it was no Sin to take him off; and told him, he had it under his own Hand.

Then Mate Lee deposed, That the Prisoner had several times treated with him to get Sea∣men

fitting to make Commanders of Ships; some of the King's Men of War that lay at Dept∣ford and VVoolwich, for that the Tower and VVhite-hall was to be secured, or else they could do nothing.

Mr. Thomas Corbin deposed, That in 1681, he heard the Prisoner say, He thought the Session of the Oxford Parliament would be very short: But those frequent Prorogations and Dissoluti∣ons of Parliament, would not avail the King; son that what ever he has, the Parliament gave him, and they may take it away when they please. Upon which one bidding him have a care what he said; he reply'd, The King had forfeited his Crown, and had no more right to it than he had.

Mr. VVilliam Richardson deposed, That when the Prisoner was first seiz'd, he denied his Name to be Rouse, calling himself Johnson.

The Prisoner's Defence, was only a retorting the Accusation upon the Witness, alledging, That Mr. Leigh first discoursed these Treasons to him, which he only listned to, to pump out the bottom of his Design, that he might discover them. Protesting his Innocency, and that the words Mr. Corbin testified against him, was not spoke of the Parliament, but of the Pope, and he had been before tried and acquitted for them. Saying, it was his unhappiness he had no Wit∣nesses to call.

The Ld. Ch. Justice therefore, in a few words, summing up the Evidence, the Jury presently brought him in Guilty.

The Trial of Capt. William Blague, at the Old-Baily, on Friday, July 13. 1683.

THE Prisoner having been Arraigned the day before, and pleaded Not Guilty, to an Indictment for High-Treason, for conspiring the Death of the King, and subversion of the Government, was then and there set again to the Bar; and making no Challenges, the for∣mer Jury was sworn, viz.

• ...Robert Beddingfield.
• ...John Pelling.
• ...William Windbury.
• ...Theophilus Man.
• John Short, sen.
• ...Thomas Nicholas.
• ...Richard Hoare.
• ...Thomas Barnes.
• ...Henry Robins.
• ...Henry Kemp.
• ...Edward Raddish.
• ...Edward Kemp.

To whom the Indictment being read, and briefly opened by Mr. North, and Serjeant Jeffe∣ries; Thomas Leigh deposed, That the Prisoner in discourse with him and Goodneough about sei∣zing the Tower, told them, that the only way was to do it with Mortar-Pieces, that he would venture his own Ship, and provide 200 Men; and lay his own Ship on Southwark side, and make up his 14 Guns he had already 24; and would undertake, once in 20 times, to dismount the five Pieces that fac'd towards Southwark-side. That he ask'd Goodenough what Mony was pro∣vided? who answering, 40000 l. He answered, the Seamen would swallow that up presently;

to which Goodenough replied, there was more pro∣vided at any time.

Mate Lee swore, That the Prisoner told him, as they were in a Coach together, that one of these days they should have a Ball to toss; which afterwards he understood by Rouse and Leigh, was the Ball that was to be toss'd on Black-Heath. That about six Weeks ago, Capt. Blague and he walking about the Tower, and discoursing of seizing it; his way was to scale it; but the Captain said, the best was to shoot Mortar-pie∣ces on Southwark-side; but about the Ship he could say nothing.

The Prisoner's Defence was, That his Busi∣ness with Rouse was, to procure him Mony, as being a Broker; which brought him sometimes into Goodenough's Company; but that he never discours'd about any Publick Affairs; and as to the seizing the Tower, it was only accidental Discourse: And as for his 200 Men, it was im∣possible, his Vessel being but a Pink, which had been in his Possession but three Weeks; and what Arms he had, he bought therewith, and that he never heard any thing about, either a Ball or Bank of Mony. [Calling his Witnesses.]

Mr. VVright declared, That he had waited on the Captain ever since he had been shipp'd; and was in his Pay before he had the Ship in possession.

Robert Chappel, Carpenter, declar'd. The Ves∣sel was not able to do any Service three Weeks ago; and that he had been shipp'd four Months and an half to go for New-York.

One Bellinger the Chirurgeon declared, That he had belonged to the Ship seven Weeks, and to the Captain before he had a Ship; and for Guns belonging to the Ship, there were four∣teen Saker-Guns, of which four were Wooden ones; six above Deck, and four in the Hold. —

The Lord Chief Justice then summ'd up the Evidence, taking notice to the Jury, that these Men belonged to the Captain a great while ago, and that there was only one Evidence that did affect him.

Wherefore the Jury Withdrawing, in a short time returned, and brought him in Not Guilty.

THE next day, being Saturday, July 14. 1683. the Lord Russel, Capt. VValcot, Mr. Rouse, and VVilliam Hone, were brought to the Bar to receive Sentence.

Where the Lord Russel desired to hear his In∣dictment read in English, which was granted; and thereupon demanded an Arrest of Judgment, because there had been no Evidence of his con∣spiring the Death of the King, (as it was in the Indictment) but only of levying War.

But the Verdict being past, the Court told him, they must go by what the Jury had found, and not the Evidence; and therefore Sentence was pass'd upon him, to be Drawn, Hang'd, and Quarter'd.

Capt. VValcot had nothing to say, but desired that his Son and some Friends might come and see him.

Hone had no more to say, but begg'd the same favour.

Rouse insisted on some Disadvantages he had when he came on his Trial; and some difference between the Indictment, and their Oaths; but Verdict being past, Judgment was given against them three, as against the Lord Russel.

And upon Friday, July 20. following, VVal∣cot being drawn to Tyburn in one Hurdle, and Rouse and Hone in another, and there put into a Cart, attended by Dr. Cartwright the Dean of Rippon, and the Ordinary of Newgate, who urged them much to discover all they knew of the Plot, after they had spoke to the People, were executed accordingly.

The next day, being Saturday, July 21. the Lord Russel having taken leave of his Lady, the Lord Cavendish, and several others of his Friends, at Newgate, took Coach, with Dr. Tillotson and Dr. Burnet, who accompanied him to the Scaffold, built in Lincolns-Inn-Fields, where he deliver'd his Speech to the Sheriff; and after some Preparation, he ordered the Executioner, after he had lain down a small moment, to do his Office, without a Sign; and so his Head at three blows was severed from his Body, and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants, as being given them by his Majesty's Favour and Bounty.

The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys, at the King's-Bench Bar at Westminster, on the 7th, 21st, and 27th, of November 1683.

UPON Wednesday Nov. the 7th, 1683. Al∣gernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason, for conspiring the Death of the King, and intending to raise a Rebellion in this King∣dom. Which Indictment he excepted against as erroneous, several Crimes being put together therein, distinct in nature one from another, and distinguished by Law: offering to the Court a Parchment, wherein were his Exceptions to the Bill, but it was refused, and he sorced to plead, which he did at length, Not Guilty. And then he desired a Copy of the Indictment, which was denyed him, but upon his Request, it was read to him again in Latin, and his Trial appointed to be on Wednesday Novemb. the 21st, 1683.

Then and there the Prisoner again appearing, he desired Pen, Ink and Paper, and that Mr. VVinn and Mr. Gibs might write for him, which were granted him; and then he shewed the rea∣son he had before to desire a Copy of his Indict∣ment, which the Lord Stafford, and the other Lords in the Tower had, urging it for Law, up∣on the Statute of 46 Edw. 3. But the Court over-ruled it.

Then the Clerk of the Crown called the Jury, and after several Challenges, the Jurors were,

• ...John Anger,
• ...Richard VVhite,
• ...VVilliam Linn,
• ...Lawrence VVood,
• ...Adam Andrews,
• ...Emery Arguise,
• ...Josias Clerke,
• ...George Glisby,
• ...Nicholas-Baxter,
• ...VVilliam Reeves,
• ...VVilliam Grove,
• ...John Burt.

To whom the Indictment being read, Mr. Dolben opened the same, and the Attorney Gene∣ral opened the Evidence; and then Mr. VVest was called, against whom the Prisoner excepted; because he had heard, that he had confessed ma∣ny Treasons, and desired to know if he was par∣doned, alledging that otherwise he could not be a good Witness; but the Ld. Ch. Justice would not bear of it, he having been a Witness at the Ld. Russel's Trial, and therefore being sworn, he deposed, That (as to the Plot in general) Capt. VValcot had told him in October last, the Lord Shaftsbury designed an Insurrection in November, which he disswaded him from: and a little after∣ward he told him the thing was disappointed, and upon it Shaftsbury went into Holland: That Col. Rumsey about Christmass told him, the D. of Mon∣mouth, E. of Essex, Ld. Howard, Ld. Russel, Mr. Hambden jun. and the Prisoner at the Bar, intend∣ed an Insurrection; but afterwards he said, they would not venture thereon, till they had a Con∣currency in Scotland: That Mr. Nelthrop after∣wards told him, that Colonel Sidney had sent Aaron Smith into Scotland, with Letters to

invite some Scotish Gentlemen to Town, with Mony to bear his charges: The Letter bearing a Cant of settling Business in Carolina, but really was in order to the Insurrection. That after∣wards Mr. Smith returned, and some Scotish Gentlemen with him. And soon after Mr. Fer∣guson said the Scots proposed, That if they might have 30000 l. in ready Money, they would undertake to make an Insurrection in Scotland, without the Concurrence of England; which Proposal, he said, was agreed to, and the Mony would be soon ready, and Mr. Shepherd would return it; That the Arms were ready bought, and the E. of Argile would go into Scotland, and head the Scots. That some difference arose about raising this Mony; but the Ld. Gray did offer to raise 10000 l. out of his own Estate, if the rest would pay their Proportion: That then the Scots came down to less, but were not com∣plyed with: That the places for rising were Bristol, Taunton, York, Chester, Exeter and Lon∣don, where it was to begin: That the Prisoner and Major VVildman were very instrumental in breaking off this Agreement, because they could not agree about a Declaration, and about the form of Government; the English inclining to a Common-wealth; which the Scotish Nobility it was supposed would not agree to: That as to the Prisoner, he knew nothing in particular, and never spoke with him till since the Discovery.

Then Colonel Rumsey being sworn, deposed, That about the latter end of October, or begin∣ning of November, he was sent by the E. of Shafts∣bury to Mr. Shepherd s, to know of the Gentlemen

met there (who were the D. of Monmouth, the Ld. Gray, Ld. Russel, Sir Thomas Armstrong, Mr. Ferguson and Mr. Shepherd) what was done about the Rising intended at Taunton? who told him that Mr. Trenchard had failed them, and that it must cease for that time. That afterwards he met several times in March, April and May, at Mr. West's Chamber, and other places with Capt. VValcot, Mr. VVest, the two Goodenoughs, Mr. Bourn and Mr. VVade, where they had di∣vided the City into twenty parts, of seven parts of which Mr. Goodenough brought an account, but said nothing of the other thirteen, because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection. That a Council of six, (as Mr. VVest and Mr. Goodenough told him) did manage the Rising, which were the D. of Monmouth, E. of Essex, Ld. Howard, Ld. Russel, Colonel Sid∣ney, and Mr. Hambden.

Then Mr. Keeling deposed, That in Summer last, Mr. Goodenough brought him three Papers, one for himself, and the other two for whom he could trust, in the two Divisions; whom asking if he design'd a General Insurrection? he reply'd that if he did not, if the King was taken off, this would do well, for then the People would know how to have recourse to a formidable Bo∣dy. And he had heard him also say, that Co∣lonel Sidney, whom he knew not, had a conside∣rable part in the Management of that Affair.

Then the Ld. Howard deposed, That about the middle of January last, the D. of Monmouth, Colonel Sidney and himself, being together

(who he supposes were the first Movers hereof) did think it necessary to an Enterprize that had been long in hand, and fallen flat then, that it should be revived by some select Cabal (not ex∣ceeding seven) that should be set up to give it Life, and govern its Motions. To this end the D. of Monmouth undertook to engage the E. of Salisbury, the Ld. Russel, and Colonel Sidney, the E. of Essex, and Mr. Hambden. Soon after he was told the Persons named had agreed; and had appointed a meeting at Mr. Hambden's House that Month, where he met them, viz. the D. of Monmouth, E. of Essex, Ld. Russel, Colo∣nel Sidney, Mr. Hambden, and himself: and be∣ing met, Mr. Hambden opened the Session, giving an account of the Reason, End and Intention of that Meeting: That afterwards they dis∣coursed of the time of Rising, and of Arms, and Mony to be provided, the D. of Monmouth propounding 25 or 30000 l. but before any ad∣vance should be made, a Coalition with Scotland was to be procured, and a fit Person thought on to be sent thither. That about the middle of February following, they had another Meeting at the Ld. Russel's House; where it was pro∣pounded by Mr. Hambden (discoursing of the Government they would terminate in) to have all resolved into the Power of a Parliament; which, though sounding harsh to some there, was consented to, it being only a publick Good which all intended. Then was considered the setting a Correspondency with the E. of Argile, the Ld. Melvin, Sir John Cockram, and the Camp∣bels, Colonel Sidney proposing Aaron Smith to be

sent, taking the care hereof upon himself; whom afterwards he sent, and he saw about six∣ty Guinies which the Prisoner told him were for Smith; and afterwards told him, that he had heard from him, from Newcastle; after this he going into the Country, heard nothing further.

Sir Andrew Foster then depos'd, as to his seeing Sir John Cockram, Commissary Monro, and the Campbells in Town at the beginning of Summer, coming up under a pretence of making a Pur∣chase in Carolina; but that after the Rumor of the Plot, Cockram absconded, and the Campbells (Father and Son) he heard were seiz'd, chang∣ing their Lodgings.

Then Mr. Atterbury deposed, that the begin∣ning of July last he was sent for into London, up∣on a discovery of some Scotch Gentlemen that lay bout Black-Fryers; and when he came, the Common Serjeant had been before him, and found Sir Hugh Campbel, and Sit John Cockram, who had been some little time in Town, making an escape into a Boat.

After this Sir Philip Lloyd, swore his seizing of Papers in Colonel Sidney's House, the latter end of June last, the Colonel being present; and that he believed those Papers shewn him now in the Court to be the same.

Mr. Shepherd swore, that he was acquainted with his Hand, and that he believed the Writing shewn him was his Hand; for that he had seen him write the Indorsment upon several Bills of Exchange.

Mr. Cary swore it to be like what came to him for his Hand-writing, though he had never seen

him write but once; but had seen his Indorsment on Bills.

Mr. Cooke swore he had never seen him write, but it was like his Indorsment on Bills, which he hath paid, and was never called to an account for Mispayment.

Then Mr. Attorney General directed the Clerk what part of the Libel he should read; which accordingly he did; and among the rest, these particular Passages which were laid in his Indict∣ment, viz.

The Power originally in the Peo∣ple of England is delegated unto the Parlia∣ment, He (meaning the King) is subject unto the Law of God as a Man, to the People that makes him King, in as much as he is a King. The Law sets a measure to that Subjection, and the Parliament judges of the particular cases thereupon arising. He must be content to submit his Interest unto theirs, since he is no more than any one of them in any other respect, than that he is by the common Con∣sent of all raised above any other. If he doth not like this condition, he must renounce the Crown; but if he receive it upon that condition (as all Magistrates do the Power they receive) and swear to perform it, he must expect that the Performance will be ex∣acted, or revenge taken by those that he hath betrayed.

And elsewhere was read these Sentence, viz.

We may therefore change or take away Kings, without breaking any Yoke; or, that is made a Yoke which ought not to be one; the Injury therefore is in making or imposing, and there

can be none in breaking it. Also, that the general Revolt of a Nation from its own Ma∣gistrates could not be call'd a Rebellion. And that the Power of calling and dissolving Par∣liaments is not in the King.

Much more was read, on the same Argument, and then the Sheets were shewn to the Prisoner, who said he knew not what to make of it, and let him give an account of it that did it. After which the Record of the Conviction of the Ld. Russel was read; the King's Counsel here ending their Evidence.

The Prisoner then beginning his Defence, de∣sired to know upon what Statute he was in∣dicted; and being informed it was upon the Sta∣tute of 25 of Edw. 3. upon the first Branch, for conspiring the Death of the King; he argued that the finding of such a Pager in his House, could not therefore concern him. For though Sir Philip Lloyd did ask him to put his Seal to it, yet not till he had been in his Closet, and he knew not what he had put into the Bag, and therefore he refused to seal it. And for his Hand, it was easy to be counterfeited. And for the Witnesses, that he never spake with the D. of Monmouth above three times in his Life; and that therefore the Ld. Howard's Testimony was very improbable. That however there was on∣ly he that witnessed against him; whereas there ought to be two to the same thing. That the Ld. Howard had said at the Ld. Russel's Trial, that he said all he could, but that now he had said many things he did not then mention; par∣ticularly what concerned Mr. Hambden; that

he was under the Terror of Punishment for Treason whereof he had accused himself; and had said that he could not get his Pardon, until he had done some other Jobs, and till he was past this Drudgery of Swearing; besides that he owed him a considerable Sum of Mony, and had protested the Prisoner's Innocence. — That the Paper seemed to be written long since, and in answer to Sir Robert Filmers Books, &c. Urging that conspiring to levy War is no Treason, and desired Counsel upon it (but the Court would not hearken) He urged also that no Man ought to be answerable for what he writes in his own Closet, unless he publish it.

After which he called the E. of Anglesy, who declared that being in company with the E. of Bedford, when the Ld. Howard came to give him a visit, and to comfort him in his Affliction for his Sons being taken, he told him he was not to be troubled, for that he had a discreet, a wise, and a vertuous Son, and that he could not be in any such Plot, and his Lordship might therefore well believe his Son secure; for he believ'd he was neither guilty, nor so much as to be sus∣pected. He proceeded further, and said he knew of no such barbarous design; and could not charge the Ld. Russel with it, nor any body else.

The E. of Clare declared, that the Ld. How∣ard, about a Week before he was taken, did say, speaking of the Times, that if ever he was questi∣on'd again, he would never plead, because he was sure they would have his Life, though never so innocent; saying, he thought the Persecution

was begun which Bp. Ʋsher had prophesied of, but he hoped it would be short. And for Col. Sidney, he did with great Asseverations assert that he was as innocent as any Man breathing, speak∣ing much in his praise, and bemoaning his mis∣fortune; which he thought real, because never Man was ingaged more to another, than he was to Col. Sidney; And speaking of Papers, he said he was sure, they could make nothing of any Papers of his.

Then Mr. Philip Howard declared, that when the Plot first broke out, he met the Ld. Howard at his Brothers house, and telling him of it, and naming the Persons to him, who had confess'd it, he said he knew none of them, and it amazed him, thinking such a thing not possible. That advising him then to procure an Address from the discontented Lords, to shew their Detesta∣tion of the thing, as a means to reconcile all things, he promis'd him to go about it, desiring him to stay till he came back; but that he never came back while he was there. The next day, he found him again at his Brother's house, and tel∣ling him of the Ld. Russel's being taken, he said, VVe are then all undone, desiring him to go to the Ld. Privy Seal to see whether he was to be taken up: for that he doubted it was a Sham-Plot: for if it were a true Plot, he should fear nothing; but being a Plot made upon them, no Man was free. That he met him a third day at the same Place, and found him very melancholy, because (as he said) Col. Sidney was taken; he having that particular Obligation from the Colonel that no one Man had from another.

Then Dr. Burnet declared, that the Ld. Ho∣ward came to him, the day after the Plot broke out, and with Hands and Eyes lifted up to Heaven, he protested he knew nothing of any Plot, and believed nothing of it, and said, that he looked upon it was a ridiculous thing.

Joseph Ducas (a French Man) declared, that the Ld. Howard came the day after Col. Sidney was took, to the Prisoner's house, advising the carrying all the things out of his house where they might be safe. And another time coming again, he said he knew nothing of this Plot, and he was sure had Col. Sidney known any thing, he would have told him. And that he then telling my Lord, he was not safe in his House; the Ld. Howard said he had been a Prisoner, and he had rather do any thing in the World than be a Pri∣soner again.

Then the Ld. Paget declared, that seeing the Ld. Howard presently after the breaking out of this Plot, he told him he was glad to see him a∣broad, and that he was not concern'd in this Dis∣order. Which he said, he took as an injury to him, for that his saying so looked as if he were guilty; but that he knew nothing of himself, or any Body else; nor had he seen any Body that could say any thing of him, or give him any occasion to say any thing of any Body else.

Mr. Edward Howard declared, That as soon as the Plot broke out, the Ld. Howard having a great intimacy with him, he expressed a great detestation, and surprizing in himself to hear of it; and assured great Asseverations, that he could neither accuse himself, nor any

Man living; and that he was much concern'd for certain Persons of Quality, that they should be so much reflected on, or troubled about it. And that this he verily, thinks my Lord spoke sincerely; and that he knew his Disposition so well, that if he had had any Guilt upon him, be would never have stood his being taken. —That another time, discoursing the Ld. Howard about this Plot (which he omitted at the Ld. Russel's Trial, by reason of the reproof accidentally given him) that it was certainly a Sham, even to his Knowledg, too black for any Minister of of publick Employment to have devis'd, but that it was forged by People in the dark, such as Je∣suits and Papists, and that this was his Consci∣ence. And that he consented to Address the King under his Hand to testify his abhorrency of the thing; but upon the Lord Russel's being taken, this was laid aside. That he really be∣lieved what my Lord said then was true; and were he of this Jury, he would not believe what he said now. For saying which, the Court told him, he ought to be bound to his good Beha∣viour.

The Prisoner then urged the Mortgage, which the Lord Howard acknowledged.

Mr. Blake then declared, that about 6 Weeks since, the Ld. Howard sent for him to come and see him; and talking then of his Pardon, he said he had a Warrant for it, and their Word and Honour for it, but that he would do nothing in it till he had further order; and that he heard nothing of it, and could ascribe it to no other Reason, but that he must not have his Pardon

till the drudgery of Swearing was over.

The Prisoner then called Mr. Hunt, and Bur∣roughs, to prove that the Ld. Howard said he could not have his Pardon till he had done some other Jobs, but they did not appear.

Then Grace Tracy declared, that the Ld. Ho∣ward protested his Ignorance of the Plot, and of Colonel Sidney's being concern'd in it.

Elizabeth Penwick declared to the same pur∣pose; and that he desired withal that the Co∣lonel's Plate might be sent to his House for Secu∣rity, for that he was apprehended through Ma∣lice.

Then one Mr. Wharton stood up, and offer'd to the Court, that if the sheets might be shewn him, he would undertake to imitate them in a little time, that they should not know which was which. It being the easiest Hand that ever he saw in his Life.

Then the Prisoner proceeding in his Defence, urg'd the Statute upon which he was Indicted, as consisting of 2 Branches, which were con∣founded in his Indictment together, though they were distinct species of Treason. And that the business of Aaron Smith was only conjecturally and implicitly sworn. And the Papers were imperfect, and had been writ many Years, and never publish'd, and could have no concatenati∣on with the Select Council, which the Ld. Howard had sworn, though selected by no Body; urging how unlikely it was for a War to be rais'd by 6 Men, not knowing nor trusting one another; the Ld. Howard putting such things upon them, as were impossible for any one to do, that had but

the sense of Porters and Grooms.

The Solicitor General then summ'd up the E∣vidence; making the Ld. Howard, and his Pa∣pers, two very good Witnesses against him.

Then the Ld. Ch. Justice declared his Charge to the Jury, who withdrew for half an hour, and then brought the Prisoner in Guilty.

And upon Monday, November the 26th, being set to the Bar, the Prisoner pleaded that he con∣ceived he had had no Tryal, for that some of the Jury were no Free-holders, and were not sum∣mon'd by the Bailiff, but were agreed upon by the Under-Sheriff and others; desiring the In∣dictment might be read again, (which was done) and then he urged it was void, because it de∣priv'd the King of his Title of Defensor Fidei, which was Treason by the Law. Urging that there was no Treason in his Papers; and desir∣ing the D. of Monmouth might be sent for, to testify if there were any such thing as a Design, &c. complaining that his Evidence had not been rightly summ'd up; and appealing to God and the World; he not being heard.—After which the Ld. Ch. Justice pronounced Sentence upon him, to be Drawn, Hang'd, and Quartered, &c. Upon which Col. Sidney cry'd out;

Then, O God, O God, I beseech thee, Sanctify these Sufferings unto me, and impute not my Blood to the Country, nor the City, through which I am to be Drawn; let no inquisition be made for it: but if any, and the Shedding of Blood that is Innocent, must be revenged, let the weight of it fall only upon those, that malici∣ously Persecute me for Righteousness sake.

—Whereupon the Ld. Ch. Justice told him, he pray'd God fit him for another World, for he saw he was not fit for this. But the Prisoner holding out his Hand, bid his Lordship feel his Pulse, and fee if he was disordered; blessing God, he never was in better temper than he was now.

On Friday, December the 7th, following (his Sentence being mitigated by his Majesty's Grace and Favour) he was brought from the Tower, to a Scaffold on Tower-Hill, where after a short Pre∣paration, he was beheaded by the Common Executioner.

The Trial of John Hambden Esq before the Lord Chief Justice Jeffries, at the King's-Bench Bar at Westminster, on Wednesday, February 6, 1683.

ON Wednesday, November 28th, 1683. John Hambden Esq was Arraigned at the King's-Bench Bar, upon an Indictment of High Misdemeanour, for contriving and practising to disturb the King's Peace, and stirring up Sediti∣on in the Kingdom. To which having pleaded Not Guilty, and Issue being joyned, Bail was taken for his appearing the next Term. Accordingly on Wednesday Feb. 6th, following, the Defendant appeared; and the Jury were impannel'd; Joshua Galliard Esq and Mr. Richard Shoveditch, were challeng'd, by Mr. Williams, of Counsel

for the Defendant, because they were both the King's Menial Servants; the first having some Place in the Forest, the other being a Serjeant at Arms; which Reason, after some debate, the Court declared not Legal, tho the Persons were set aside; so the Jurors were,

• Sir Charles Gerard, Bar.
• Roger Jennings, Esq
• Henry Hodges, Esq
• Thomas Harriott, Esq
• Thomas Earsby, Esq
• William Avery, Esq
• John Sharpe, Esq
• Charles Good, Esq
• Samuel Rouse, Esq
• Hugh Squire, Esq
• Nehemiah Arnold, Esq
• John Bifield, Esq

To whom the Indictment being read, the same was opened by Mr. Holloway, and Mr. At∣torn. Gen. And then James D. of Monmouth was called, who not appearing, Mr. Atterbury swore, that he had left 3 Subpoena's for him; one with Mr. Rawkins at Moor-Park; another with one Johnson, the Porter at the Cock-Pit; and another with one Mrs. Manley at Mr. Row's House, who was a Servant to the Duke, in Pall-Mall.

Then VVilliam Ld. Howard was sworn, who de∣pos'd, how the Ld. Shaftsbury had communicated to him his design of an Insurrection in the City, and employ'd him several times with Messages to the D. of Monmouth; but was disappointed by the unreadiness of the D. of Monmouth, and Ld. Russel to joyn with him, and thereupon he took himself into Holland, where he dyed soon after. Upon which, afterwards, was constituted this Council of Six, of which the Defendant was one, (he relating the Manner how, much after the

same Manner, as in the preceding Trials he had done) mentioning their Meeting at Mr. Hamb∣den's house about the middle of January, and a∣bout a fortnight after at the Ld. Russel's, where the sending of Aaron Smith into Scotland, was concluded on, &c.

After which Mr. Sheriff, who kept the Black-Spread Eagle in New-Castle, being sworn, corro∣borated the Ld. Howard's testimony, by depo∣sing that Aaron Smith (who then went by the name of Clerk, whom Mr. Atterbury deposed that he knew, as soon as he was brought where Smith was) lodged at his House about the middle of February last, and there hired a Guide for him, to shew him the nearest Road into Scotland, to Douglas; and that he left his own Man at his House till he came again, which was about 12 days, and then he came Southward.

Then one Bell deposed, that he was the Guide which was hired by Aaron Smith (whom also he knew again, when he saw him at the Council-Board) and travell'd with him about 40 Miles beyond Newcastle, to Jadbrough, within 6 Miles of Scotland; and his Horse being tired, Mr. Smith hired him another Guide there, and he came back to Newcastle; and that he saw him when he came back again, and eat and drank with him at his Inn in Newcastle.

Then Sir Andrew Foster deposed, that he saw Sir John Cockram, Mr. Monro, and Sir George Campbel the Son, in Town, the beginning of last Summer.

And Mr. Atterbury swore, that Sir Hugh Camp∣bel, Sir George Campbel, Bayley, and some others

were taken in Black-Fryars, the beginning of July last; and that he took the rest in a cunning hole in Moor-Fields, who were afterwards sent Pri∣soners into Scotland.

Then the Counsel for the King here ceasing their Evidence, Mr. VVilliams spoke in behalf of the Defendant, and observed first of all, That whereas the Ld. Howard was very positive and particular as to some things, yet in what most affected the Defendant, and wherein it concern∣ed them to contradict or disprove him, he was wanting as to that Circumstance of Time of their Meetings. Secondly, That he had not made use of any one Circumstance of Fact in the Case of the Defendant, save only that of Aaron Smith. That it appeared (by his intimacy with the Earl of Shaftsbury's design) that he was deeply guilty of Treason himself; and being there was a Dis∣covery made before him by others, it concerned the Ld. Howard to give an home-Evidence, and perhaps to strain, that he might merit his Par∣don, and by exposing this Gentleman, and the Blood of others, secure himself safe.—And also, that he appeared not much to be credited, from his own so often, and so solemn denials of his knowledg of any thing of this Nature; And from his having said lately that the Ld. Russel died innocent, and that Col. Sidney had hard Measure; And from his saying he could not have a Pardon, till the Drudgery of Swearing was o∣ver; And discoursing with one about the Souls Immortality, and a future State, his saying there∣upon to his Friend, How long wilt thou persist in this folly? How long wilt thou be so foolishly prevail'd

upon, as to believe the VVorld was ever made, or will ever have an end? These things, that they had witnesses to prove. And that as to Aaron Smith, it was not proved that the Defendant was con∣cern'd with him, or with those Scotish Gentle∣men that came to Town; nor was it proved that Smith was in Scotland, but only within 6 Miles; And that Mr. Hambden could be proved to be a Man of a sober, retired and studious Disposition; and much in France, and designed again for France, and not likely therefore to be engaged in such Designs of importance. —Proceeding then to call Witnesses.

And first Mr. Ducas (the French Man) gave the same Account of what the Ld. Howard had said of his Ignorance of the Plot, at Col. Sidneys House, as he had done at Col. Sidneys Trial.

Then Mr. Philip Howard did the like, of what he heard him say, at his Brother's House, as be∣fore he had depos'd. Mr. Edward Howard was called, but did not appear.

The Earl of Clare next gave in his Evidence, upon Oath, as before.

As likewise did the Ld. Paget. And after him Dr. Burnet, gave an Account of what Protesta∣tions he had made him, of his knowing nothing of the Plot; discoursing an hour to dispossess the Doctor of the belief of any such thing. The Doctor being asked his belief now, said he made no doubt of the Assassination.

Mr. Gisborne then deposed, that he heard the Ld. Howard say, the Saturday before he was took into Custody, that he knew nothing of the Plot.

Mr. Blake then gave in his Evidence, of what the Ld. Howard said of the drudgery of Swear∣ing.

Then Witnesses were called to prove Mr. Hambden, a Person very unlikely to be engaged in such a Plot, as being a wise, vertuous, reti∣red, and studious Man, and not at all of a turbu∣lent, factious, seditious Spirit, as the Indict∣ment charg'd him to be; but mild, and peaceable, never expressing any discontent about the Male-administration of the Government: To which purpose swore the Ld. Paget, Mr. Pelham, and Sir Henry Hobart who had known him in France; and of his intentions to return into France with the Ld. Mountague about March last, for his health; he coming thence but the September be∣fore. To which Monsieur Justell (a French Man, who spoke by an Interpreter) deposed; as also Dr. Lupee, another French-Man, who had lived with Mr. Hambden two Years.

Then Mr. VVilliams offered Dr. Needham's Evi∣dence, to declare what Opinion the E. of Essex had of the Ld. Howard; whence he would infer the unlikelihood of ever his meeting to consult with him. But this the Ld. Ch. Justice would not admit of, though Dr. Needham was sworn; saying, It seems my Ld. of Essex had such an o∣pinion of the Ld. Howard's Evidence, That he thought fit to cut his own Throat rather than abide the Trial.

Then Mr. Murray was sworn, to depose the Ld. Howard's Opinion of the World to come, be∣fore mention'd; which put the Ld. Howard into a violent Passion; and was so pressing upon his

Reputation, that the Evidence was waved.— After which Mr. Hambden would have spoke, and Mr. VVallop but Mr. VVilliams would have their Evidence left here.

The Ld. Ch. Justice therefore summ'd up the Evidence; answering the Objections of the De∣fendant's Counsel; and directing the Jury to bring the Defendant in Guilty, upon the Ld. Ho∣wards testimony thus supported by 4 Witnesses, unless they thought him guilty of wilful and corrupt Perjury. The Jury therefore withdrew for half an Hour, and then brought in the De∣fendant Guilty of the Trespass and Misdemeanour whereof he was Indicted.

Upon Tuesday following, Febr. 12th, 1683, the Attorn. Gen. mov'd for Judgment upon this Con∣viction; upon which Mr. Hambden being ordered to come into Court, the Judgment of the Court was, that a Fine of 40000 l. should be set upon him; That he should be committed till he paid it; and find Sureties for his good behaviour during Life.

Then Mr. VVilliams prayed his Bail might be Discharg'd, which was agreed, he being Com∣mitted. And for the High-Treason it was con∣cluded, that he was discharged by the Habeas Corpus Act, there being no Prosecution.—Then Mr. Hambden was carried away Prisoner by the Marshal.

The Trial of Lawrence Braddon and Hugh Speke Gent. at the King's-Bench Bar, before the Lord Chief Justice Jefferies, on Thursday, Feb. 7. 1683.

THen and there the Defendants, Lawrence Braddon of the Middle-Temple Gent. and Hugh Speke of Lincolns-Inn Gent. appeared up∣on an Information exhibited against them the last Term, by the Attorn. General, for an high Misdemeanour; setting forth, How that the Earl of Essex being committed to the Tower, July 12. last, for Treason, and killing himself, as by the Coroner's Inquest did appear; the said Defendants did give out that he was murdered, and conspired to procure certain false Witnesses to prove it: And published in writing, that the said Braddon was the Person that did prosecute the said Earl's Murder. To which they then pleaded Not Guilty. And now their Jury sworn, were,

• Sir Hugh Middleton.
• ...Thomas Harriot.
• ...Thomas Earsby.
• ...Joshua Galliard.
• ...Richard Shoreditch.
• ...Charles Good.
• ...Samuel Rouse.
• ...Hugh Squire.
• ...Nehemiah Arnold.
• ...John Bifield.
• ...William Wait.
• ...James Supple.

To whom the Information being read, and opened by Mr. Dolben, and the Attorn. General. The Warrant of Commitment of the Earl of

Essex, directed to Thomas Cheek Esq Lieutenant of the Tower, subscribed Leolin Jenkins, and dated July 10. 1683. Together with the Coroner's Inquisition, taken July 14. that the said Earl did murder himself, were produced and read in Court.

After which Mr. Evans being sworn, deposed, That Mr. Edwards, that very Morning the Earl of Essex was kill'd, told him, on the Custom-house Key, about 11 a Clock, several Persons standing together, that he was informed from Home, that his Boy had told his Wife, that he being in the Tower, saw a Hand throw a Razor out of the Earl of Essex's Window.—That on the Monday after his Brother Mr. Hatsell, came down along with Mr. Braddon to his House at Wanstead in Essex, and shewed him the Coro∣ner's Inquest: Which having read, he told them what Mr. Edwards had before told him of his Son; saying, it seemed to contradict that Paper, which says the Razor was found lying by the Earl's Body.—That afterwards, July 17. Mr. Edwards and Mr. Braddon came to him to Smith's Coffee-house; and Mr. Edwards told him, that Mr. Braddon had then been at his House to examine his Son about seeing the Ra∣zor. Whereupon he told them, that he had read the Coroner's Inquest in print, and it was otherwise declared there, and therefore desired there might be no discourse of any such thing, for he did not believe it; desiring Mr. Braddon to forbear medling in any such thing, Mr. Ed∣wards being a poor Man, and having divers Chil∣dren, might be ruined, and he might ruin there∣by

by himself too. [The Ld. Ch. Justice's endea∣vouring to baffle this Witness, by making him repeat his Evidence so often, and dodging him with Questions, and wilfully misunderstanding him, deserves a remembrance.]

Next him Mr. Edwards was sworn, who de∣posed, That July 13. 1683. his two Sons going to Merchant-Taylors School together in the Morning as they used to do, and by the way hearing the King was in the Tower, the younger of them, VVilliam Edwards, about thirteen Years old, gave his elder Brother the slip, and went into the Tower, and there rambled till about 10 a Clock; when he came home, and told one of his Sisters that the Earl of Essex had cut his Throat, and that he saw an Hand throw a Ra∣zor out of the Window; and a Maid, or Wo∣man, came out of the House, in a white Hood and stuff Coat, and took it up and went in a∣gain, and then he heard a noise as of Murder cried out.—That he being at the Custom-House, and hearing of the News of the Earl of Essex's Death, his House being near, he stepped Home about 10 in the Morning, and then his Family informed him of what the Boy had said; and at Dinner he examin'd the Boy, and found he agreed with the Report of his Family, and confirmed it.—That he did not speak of what his Son had reported till he had been at Home; (which the Court would have made a mighty Contradiction of, because Mr. Evans deposed that he was so informed from Home; as if some one had brought him the Report from Home, and not he himself been at Home for it; and

for which the Ld. Ch. Justice shamefully up∣braided and slandered him, notwithstanding he very pertinently answered him, that he had not lived these 39 Years at the Custom-house without Honesty.) That he never knew nor saw Mr. Braddon before July 17.

Then Mr. Edwards his Son being called, he charged him to speak the Truth; whereupon the Ld. Ch. Justice bid the Boy turn about, and say, Father, be sure you say nothing but the Truth.—Being sworn, the Boy deposed, That Mr. Braddon took his Information in his Father's Parlour, writing down what he told him, con∣cerning what he had seen; that he took his Brother into the Tower, and shewed him the Place where he said he had seen the Razor thrown out of the Window. That after the Writing was finished, Mr. Braddon read it to him, and he own'd it all for Truth; but refused at first to sign it because he said it was false, and he fear'd some Danger in it; Mr. Braddon there∣fore would have had his Aunt to have signed it; but he telling him there was no harm in it, he signed it. And the Information being shewn him, he owned that was the Paper, and his Hand; but swore it was false, and that he saw no Razor.

Whereupon the Ld. Ch. Justice cried out;

What a Dust has such a trivial Report made in the World! Admit that the Boy had said any such thing: What an Age do we live in, that the Report of every Child should blow us up after this rate! It would make a Body tremble to think what a sort of People we live

among: To what an Heat does Zeal trans∣port some People, beyond all Reason and So∣briety? If such a little Boy had said so, 'twas not an half-penny matter; but presently all the Government is to be Libell'd for a Boy; which whether he speak true or false is of no great weight; and he swears 'tis all false.

Then Thomas Hawkins (the Son of Dr. How∣kins of the Tower) being sworn, deposed, That he saw VVilliam Edwards in the Tower, July 13. and went with him round the Tower, looking up∣on the King while he was walking; who going into the Constable's House, they went with o∣ther Boys to play, and afterwards he went Home; and then soon after the Rumour of the Earl of Essex's Death coming, he with his Fa∣ther stood before the Window, and Edwards came to him, and there they stood looking up for an hour or two at the least, and then they went out of the Tower together; and that he was sure there was no such thing as a Razor thrown out of the Window.

Upon this the Attorn. General said to the Ld. Ch. Justice, That his Lordship saw what a fine Case this was, and how all this Noise and Bustle has come to be made in the World. That the Rumor first did arise in a Fanatick Family, and was propagated by that Party. Ay (said Mr. Jones) 'tis easily known whence it came.

Mr. Blathwait was then sworn, who informed the Court, That on July the 20th, Mr. Braddon brought this Edwards to White-hall, where the Boy denied, before the King, that the Matter contained in the Information was true; and

said, it was only a Lie he invented to excuse himself for having play'd Truant that day. After this that Mr. Braddon did nevertheless pursue this Business.—He attested also Mr. Speke's Letter, and that he owned before the King and Council.

Then Mr. Mon-Stevens deposed, That about five or six days after the Earl of Essex had mur∣dered himself, he saw Mr. Braddon, with a young Man and a Boy, at the Lord Sunderland's Lodgings; and that he told him he came from Sir Henry Capel (who not being well could not come himself) with an Information relating to the Earl of Essex's Death. The Information he gave him to read, and then went with him to the Lord Sunderland, who took the Information; and afterwards Mr. Braddon was committed in Custody, and the thing was brought before the Lords of the Council.

Then Sir Henry Capel was called, to know if he employed Mr. Braddon in this Business; who deposed, That he knew very little of Mr. Brad∣don, but that he had been with him twice; and speaking to him of this Business, he desired him to acquaint the Secretary of State with what∣ever he had to say of it, to which he seemed ve∣ry willing.

Then one Mr. Beech deposed, That he was present when Mr. Braddon was apprehended in Wiltshire, and several Papers found upon him, (Copies whereof he deliver'd into the Court) and upon Examination committed to the Coun∣ty Goal, and from thence removed by Habeas Corpus hither up to London; That he then told

them his Business was to enquire after the Earl of Essex's Murder; and that one Mr. Burgis of Marleborough had writ him a Letter, that one Compton, Post-Master at Frome, could inform him that the News was at Frome that very day the Murder was committed. But the Witness said he had been with this Compton, who denied it, and told him they had no News of it till Sunday following: And the Lord of Waymouth, who lives near Frome, told him, that he had an account of it on the Sunday; and he believed that was one of the first Letters of it that was in the Country.

Then the Papers were read in Court, which were found about Mr. Braddon at his Apprehen∣sion. The first was a Letter, subscribed Hugh Speke, and dated London, Lincolns-Inn, Aug. 15. 1683. Wednesday Night, 10 a Clock, and di∣rected, For the ever Honoured Sir Robert Atkins Knight of the Bath, at his House at Netherswell near Stow on the Old, in Gloucester-shire. [Which because it was the only thing that engaged Mr. Speke in this Trouble, the Reader is presented with a Copy of it, intire and not abridg'd.]

Honoured Sir,

THe Bearer hereof is one Mr. Braddon, a very honest Gentleman, whose Father has at least 800 l. per Ann. in Cornwall; It seems it is his Fate to be the only Person that follows, and prosecutes the Murder of the Earl of Essex, and he has made a very considerale discovery already of it, notwith∣standing the hard Stream he rows against as things stand and are carried on at present. But indeed,

I thinks it could never have fallen on so fit a Man, for he has been a very hard Student, and is a Person of a very good Reputation, Life, and Conversation, and has a great deal of Prudence, and has as much Courage as any one living whatsoever. He went away on a sudden hence Post towards Marleborough to make some further Discovery, and what he has discovered he will give you full account of, and of all the Transactions hitherto about it. I lent him my Man to go with him for fear he should come to any Mischief, for most here fear, that he will be either stabb'd or knock'd on the Head, if he do not take great care of himself; And seeing he came into these parts, I thought it not amiss to go and advise with you how he had best to proceed in it, and I did charge him not to let any Body know who he was, that it might not be known that he had been with you; For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us; For we labour under many Difficulties as the Tide runs at present.

Pray call Mr. Braddon by the Name of Johnson when he is with you, I have given him the same Item. We hope to bring on the Earl of Essex's Murder on the Stage before they can bring any of those in the Tower to a Trial. He being in great haste, I have not time to write more, but to assure you that Mr. Braddon is a Person of that Integrity and Courage, that no Body needs fear to trust him. I was very willing that he should take your Advice in this Case, which is of so great a moment, seeing he came within 20 or 30 Miles or thereabouts of your House. He will give you a full and clear Re∣lation of every thing in that Affair, and how hard

they have been upon him. Sir Henry Capel told him, that it was a thing too great for him, &c. All which Mr. Braddon (that you are to call John∣son whilest he is with you at your House) will give you a true Relation of Mr. Braddon hath been at a great trouble and charge already about it; I know few that would have ventured to have undertaken this Affair besides himself as Times go. I received yours this Day, with the great pains you took, and the Letter to the Lady Russel, which finding unsealed, I sealed without looking into it, and carried it my self; she returns you ten thousand Thanks, and says, she knows not what return to make you for your most extraordinary kindness. I have not time to write any more at present, by reason that Mr. Braddon, alias Johnson, stays only for this my Letter. I am Sir,

Your most obliged Friend, and most humble Servant, Hugh Speke.

I am writing a Letter to send to you by the Carrier.

Upon the reading of this, a Gentleman ap∣pear'd from Sir Robert, Atkins, to assure the Court that he never had the Letter, nor knew any thing of it, and to desire therefore there might be no Reflections cast upon him.

The Attorny General repli'd, 'twas an un∣happy thing to be thought well of, by such sort of People.

Then the Information of Mrs Edwards of what her Son had said. And the Boy's Infor∣mation.

As also another of Jane Lodeman, con∣cerning the same Matter; and of one Mr. William Glasbrooke to attest it; and Mr. Burgis's Letter to Cumpen, were read; all which Papers were found on Mr. Braddon when he was took.— And here the Evidence for the King ceas'd for the present.

Then Mr. Wallop and Mr. Williams, of Coun∣sel for the Defendants, opened their Evidence; and called one Lewes of Marleborough, who re∣fused to be sworn until Mr. Braddon had paid him his Charges; and then he deposed, That between the Hours of 3 and 5, riding up Hus∣band, within three or four miles of Andover, on Friday (the day before the News came to Marleborough, and on that very day the Murder was said to be done) a Man told him, that he had heard that the Earl of Essex had cut his throat.

Then Mr. Fielder, a Shop-keeper in Andover, deposed, That it was the common discourse among Women that came in and out of his Shop, and up and down the Town, on Wednes∣day and Thursday, preceding the Saturday whereon the certain News came (which was before the thing was done) that the Earl of Essex had cut his Throat in the Tower.

But because the Witness could not fix the Report upon any particular Person, the Ld. Ch. Justice, cried out, It was a Contrivance to de∣ceive the King's Subjects, and shew'd a Design to pick up Evidence to amuse the Unwary, and fill their Heads with Fears and Jealousies of he knew not what.

Then Mr. Braddon desired to make his own Defence, and called Mr. Edwards again, who deposed, That the first time his Son denied the Report was July 17. after Mr. Braddon came to examine him.

Then Mrs. Edwards deposed, what the Boy had told her of the Razor, and that he wept when he told it her, but after Mr. Braddon had been at their House, his Sister telling him when he came from School, that a Gentleman had been to inquire about what he had said, and intimating to him some danger, bidding him to say the Truth, and not tell a Lie to save his Breech, he then denied it; and this was before he signed Mr. Braddon's Paper, and he knew of his denial.

Then Sarah Edwards, her Daughter, depo∣sed likewise what her Brother had said, but said, she knowing him apt to tell Lies, did not believe him.

That on Tuesday following, after Mr. Braddon had been there, and she had told her Brother of it, he apprehending some danger, did deny it; and in the Afternoon Mr. Braddon coming again, knew that he had denied it; upon which he talk'd to the Boy, and told him the danger of Lying, and bid him speak the Truth, &c.

And on Wednesday Mr. Braddon coming again, the Boy then owned it again, and he writ down what he owned, and said he would be carried to Sir Henry Capel, and the Lady Essex.

The Next day Mr. Braddon came again, with another Paper written, to which the Boy, some∣thing unwillingly set his Hand.—But Mr.

Braddon asking her, what her Brother's Answer was to him, when he asked him, why he had denied it? she said, she could not recollect that; though she confess'd the Boy ran to his Mother, and cried out, he should be Hang'd; and that he was told that his Father would be in danger of losing his Place, and the Family ruin'd.— But Mr. Wallop then asking her, if she did not tell him, the King would hang his Father if he did not deny it? The Ld. Ch. Justice, instead of suffering her to Answer, not only upbraided that ancient learned, and worthy Gentleman, as if he intended to charge the King with a De∣sign of hanging Men, if they denied not the Truth; but having huffed and hector'd him, did threaten him with the Animadversion and Correction of the Court for reflecting upon, and aspersing the Government; telling him, he was impetuous in the worst of Causes. And there was such a heat in this Cause, he wondred whence it should come, he was sure Not from the Honesty of it.—But old Mr. Edwards, being asked, that the Boy own'd that it was Fear and Discouragement through his Sister's Threats, was the Cause of his denying it.

Then Mrs. Ann Burt, deposed, That she was present, and Mr. Edwards, when Mr. Braddon took the Examination of the Boy; and that she heard the Boy own what he had said; and that his Mother told her, that the reason of his denying it before, was, because his Sister had been talking to him. But the Ld. Ch. Justice would not permit her to go on with such Hear∣says, and so broke off her Evidence.

Then Jane Lodeman, a Girl of 13 Years old, was sworn, and deposed, That she being in the Tower, July 13 last, between 9 and 10 a clock, did see a Hand throw a bloody Razor out of a Window, which she was told belonged to the E. of Essex's Lodgings; and she heard either two Shrieks or two Groans presently after: That the Razor fell within the Pales; and she saw a Woman in a White Hood come out, but did not see her take it up. Then the Girles Information which Mr. Braddon had took from her, was shewed, wherein was, that she heard a Soldier call for some Body to come out and take up a Razor; but she say'd she does not know the Soldier was there, and she heard no Body speak to the Maid; And that she had no knowledge of Young Edwards.

Then Margaret Smith was sworn, who was very shy of speaking; any more than that, (she being the Girles Aunt) the Girl told her what she had seen; and that Mr. Braddon came after∣wards and took her Information.

Then one William Glasbrooke, living in the same House with Lodeman, deposed, That he being up two pair of Stairs when the Girl came in from the Tower, did hear her telling what she had seen to her Aunt, and that her Aunt chid her for it, but she said she was sure it was true; That he had before that time taken her in a Lie, and thought her a lying Girl.

Then William Smith, a Barber in Throgmorton∣street, deposed, That he went along with Mr. Braddon, and was present, when he took the Girls Information, and that she then did say, She

heard a Man say to them in the House, Here is a Razor; which was all he remembred as to that particular. The Information was then shew'd him, and he own'd his Hand, and said he did read it over, and it was nothing but what the Girle said, he was sure.

[But because he had not repeated all about the Souldier, the Ld. Ch. Justice, told him he was a Notable shaver upon his Word! A special Fellow I'de warrant him!]

Then Mrs. Mewx was sworn, who would have deposed, That she travelling into Berkshire, July 12. the day before the Earl of Mssex's Death, her Daughter then told her in the Coach, how she had heard it reported, That one of the Lords committed for the late Plot had cut his Throat in the Tower; But the Daughter being with Child, and near her time, and therefore not daring to venture abroad, much less into the Court, the Ld. Ch. Justice would not suffer the Mother to be examin'd, though sworn; alledging, That because she could not depose on her own Knowledg, it was no Evidence, and therefore against all Judicial Forms to admit it. But Mr. Wallop replied, It was Evidence there was such a Talk.

Then Mr. Jeremiah Burgis deposed, That he being at Frome; July 13. did hear it reported in his Inn, that the Earl of Essex had cut his Throat in the Tower, and that Mr. Braddon coming af∣terwards to Marleborough to examin him about it, he did write that Letter to Frome, and gave it Mr. Braddon to carry; and that through a mistake he writ the 6th of July instead of the

13th, (which was the Day whereon he heard the Report) but, upon Mr. Braddon's observing it, he presently mended it.

[Upon which the Ld. Ch. Justice presently call'd it a Juggle, not sparing his Affronts and Discouragements while he was delivering his Evidence; the Attorny General pritty well seconding him.]

After this Mr. Thompson moved for his Client Mr. Speke, as not being concern'd in this Business, either before or after, any otherwise than by that Letter.

And Mr. Speke desiring leave to speak for him∣self, related the whole Passage, how he came to lend Mr. Braddon (being his acquaintance) his Man and Saddle, and to recommend him by Letter; which he writ to have him take good Advice in what he did; and that it was late at Night when he writ, and had been drinking, and might not so well consider what he did.— But for all that; Mr. Attorny General said that his Letter was ten times worse than what Mr. Braddon had done. But the Ld. Ch. Justice said, He would not have Mr. Braddon topped upon; nor suffer such a Reflection on him, that any Man should be a greater Actor in this Business than he.

Then the Attorny General proceeded to the Proof of the Earl of Essex Murdering himself;

which the Ld. Ch. Justice said was necessary to satisfy the World; though to a discerning Eye there was enough given from this Day's Evidence, to make it appear a most Malicious and Scandalous Contrivance, to hawk about

for every idle Rumor, to pick up Children of such Tender Years, and make them swear any thing to serve a Turn.

Then Paul Bomeney was sworn, (the Earl of Essex's Servant) who deposed, That his Lord having long Nails, asked for a Pen-knife; and on the Thursday, he sending the Footman for other Things to the Steward, he writ a Line at the end of a Note, that he should send a Pen∣knife — That the Footman brought the other things, but not the Pen-Knife, because the Stew∣ard sent word he had none, but would send one the next Morning; so early in the Morning the Footman was sent again with another little Note for Provisions, and a Memorandum for his Lord's Pen-knife. But his Lord ask'd him for the Pen-knife before the Footman return'd; and not having any, he ask'd him for one of his Razors, which he fetch'd and gave him, and wherewith he saw him walking and picking his Nails; and that then he went out and left him, and was talking with the Warder; and looking out of the Window upon the King, who was then in the Tower; and in this time the Footman re∣turn'd with the Things, and deliver'd him the Pen-knife, and a Note from Mr. Billingsley the Steward to shew his Lord; which he coming up to do, found no Body in his Lordship's Cham∣ber; so thinking he might be in the Closet, in which stood a Glose-stool, he came down again, and Hayed till he supposed his Lord might be come out. Then he went up again, and seeing no Body in the Chamber, and the Closet Door still shut, he knocked three times at

the Door, called on his Lord; but no Body answering, he looked through the Chink of the Door, between the Door and the Wall, and saw Bloody, and a little part of the Razor: That then he called to the Warder, and the People of the House, who came and found his Lord kill'd, lying all along on his Side, and his Foot against the Door, which (opening into the Room) could not be opened easily, nor very far; which the Warder push'd at, and the Razor lay by his Side.

Then Mr. Russel, the Warder, deposed, That he heard my Lord ask Bomeny for a Razor, and saw him give him one; and that none came up to my Lord's Chamber while Bomeney was be∣low; that Bomeney coming up, and making a noise, the ran to him, and opened the Closset-Door, the Key being on the Out-side, and there saw my Lord lie in his Blood, and the Razor by him.—Saying, that the Window was towards a back Yard; — that there was no Light, nor Pas∣sage towards the Street into Capt. Hawley's House (where was the Earl of Essex's Lodgings) but one Door that goes out from the Entry to go into the Yard.

Then one Lloyd, a Sentinel, diposed, That he stood at the Street Door that Morning, and he saw no Body come into the House, not no Coach stand at the Door, nor ho Maid go out in a white Hood, nor no Razor thrown out at the Window, nor did he cry but to any Body; nor was there any other Souldier there but himself.

That Capt. Hawley deposed, how he saw my Lord in his Bloods.—That the Casement won't open far, (the House having settled) and is so

low, and the Pales nine or ten high, that it is impossible for any one to throw any thing out of the Window to be seen; and that it was one of the horridest and unlikeliest Reports that ever was heard of.

Then Mr. Spekes Servant was sworn, who re∣lated the surprize of his sudden Journey; but that Mr. Braddon having got another to go with him, he came back to his Master again.

Then the Ld. Ch. Justice asked the Defandants what they had more to say? Mr. Braddon refu∣sed to say any thing. Mr. Speke urged his In∣nocency of conspiring with Mr. Braddon; that his being concerned, was but accidental, and a surprize to him; and that what he did, was nei∣ther designedly, nor with any ill Design. Then Mr. Braddon desired the Jury to take notice, that there had been nothing proved of evil Practices used by him, to perswade these Witnesses to te∣stify a Falshood, and desired them to take no ether notice of any thing that had been, or should be spoken, but what had been proved.

Then the Ld. Ch. Justice summ'd up the Evi∣dence,

representing the Crime very odiously, as carrying all the Venom and Baseness, the greatest Inveteracy against the Government that ever any Case did that he ever met with. Insinuating, That because the King and the Duke were walking in the Tower that day, and near that time when this unfortunate thing happened, now it must be whispered, as tho the King and the Duke had designed this Mur∣der.—And that there was Digitus Dei in this

Accident, and it was enough to satisfy all the World of the Conspiracy, &c.

After he had finish'd his long Speech, full of such-like Expressions, the Court arose, and the Jury afterwards gave in a private Verdict, which the next Morning was repeated in Court, and recorded. And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information; and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses, and of that they found him Not Guilty.

And on Monday, April 21. 1684. the Defen∣dants being brought to the Bar, their Counsel moved in Arrest of Judgment; but Judgment being recorded, it was too late, and not admit∣ted, though it was before by consent agreed for the Defendants this day to move.

Then after Mr. Justice Withens, and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence, because he shewed no sorrow, but still protested his Innocency; and having con∣sulted about the Sentence, Mr. Justice Withens pronounced it, first aggravating Mr. Braddon's Crime, as if he had endeavoured to make the King concern'd in the Murder; and would insi∣nuate a Sham-Plot to take away Innocent Pro∣testant Lives; telling, the Court, for this Offence, set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Beha∣viour during Life, and that he be committed till this be performed.

And for Mr. Speke (whom they had consider∣ed not so Guilty) they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life, and be committed till he perform it.—After which they were carried away to the King's-Bench.

The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies, at Guild-Hall, London, on Thursday, Feb. 14. 1683.

THen and there the Defendant appeared for his Trial, upon an Information preferred against him in Hillary Term last, for a High Misdemeanour, in Scandalizing and Vilifying the Evidence in the late Plot, in several Let∣ters, &c. To which he had pleaded Not Guilty. And the Jury now sworn were,

• ...Thomas Vernon.
• ...Percival Gilburn.
• ...Edward Bovery.
• ...William Withers.
• ...James Wood.
• ...Robert Masters.
• ...Samuel Newton.
• ...George Torriano.
• ...Kenelm Smith.
• ...Thomas Goddard.
• ...Thomas Amy.
• ...Richard Blackburn.

To whom the Information being read, Mr. Poultney, Mr. Recorder, and Mr. Herbert (be∣ing of Counsel for the King in this Cause) opened the same.

And then to prove him the Author, Mr. Blathwayt was sworn, who deposed, That Sir Samuel Bernardiston upon Decemb. 10. last did, before the King and Council, own three of the Letters there in Court to be of his own hand∣writing; Nor did he deny but that he had pub∣lish'd and sent them.

Mr. Atterbury deposed, That he also heard him then own three of the Letters to be written by him; and that they were superscribed by one of his Servants, and so ordered to be sent to the Post-house. And that while he was in his house, he heard him say, he wondered how they were taken, since they were sent to Sir Philip Skippon.

Then Nehemiah Osland deposed, that he su∣perscibed two of them Letters by Sir Samuel's Order as his Servant; and that he wrote one of the four, out of a Copy given him by his Master, and writ by him to go into the Countrey; and then (as was usual) left them in a Window to be carried to the Post-house.

Then the four Letters were read: the first was that transcribed by Osland, directed to Sir Philip Skippon Kt. at Ipswich, and dated Novemb. the 29, 1683.

Sir, The Return of the D. of Monmouth to White-hall, and his being received into extra∣ordinary favour of his Majesty, hath made a strange Alteration of Affairs at Court: For those that before spake of him very indecent∣ly, now court, cringe and creep to him. His Grace complained to the King of the scanda∣lous Misrepresentation that was made of him

in the Monday's Gazet, upon which the Ga∣zetteer was called to account for it, who al∣ledged for himself, that a Person of great Quality sent him in Writing the Words there∣in recited, commanding him to put them in the Gazet.

Yesterday, being the last day of the Term, all the Prisoners that were in the Tower, up∣on the late Sham-Protestant-Plot, were dis∣charged upon Bail. Mr. Braddon (who pro∣secuted the Murder of the E. of Essex, the Information put in against him in the Kings-Bench By Mr. Attorney, for a pretended Sub∣ornation, &c.) was not prosecuted, and his Bail was discharged. And the passing Sen∣tence upon the Author of Julian the Apostate, and the Printer of the late Ld. Russel's Speech, was passed over with Silence. Great Appli∣cations are made to his Majesty for the par∣doning Mr. Sidney in the Tower, which is be∣lieved will be attained, and that he will be banished.

The Ld. Howard appears despicable in the Eyes of all Men; he is under a Guard at VVhite-hall, and believed he will be sent to the Tower, for that the D. of M. will accuse him concerning the Testimony he thath gi∣ven, &c.

The Papists and high Tories are quite down in the Mouth, their Pride is abated, themselves and their Plot confounded, but their Malice is not asswaged. 'Tis generally said the E. of Essex was murdered; the brave Ld. Russel is afresh lamented. The Plot is lost here, ex∣cept

you in the Country can find it out a∣mongst the Addressors and Abhorrers.

This sudden turn is an Amazement to all Men, and must produce some strange Events, which a little time will shew.

The second Letter was then read, directed as the other, and dated Decemb. the 1st, 1683.

Dear Sir, I am to answer yours of the 27th and 29th past, and truly I cannot but with great-Sorrow lament the loss of our good Friend honest Mr. John Wright; but with Pati∣ence we must submit to the Almighty, who can as well raise up Instruments to do his Work, as change Hearts, of which we have so great an Instance in the business of the D. of Monmouth, that no Age or History can pa∣rallel. I am now throughly satisfied, that what was printed in the Mondays Gazet, is utterly false, and you will see it publickly so declared shortly. The King is never pleased but when he is with him, hath commanded all the Privy Council to wait upon him, and happy is he that hath most of his Favour. His Pardon was sealed and delivered to him last VVednesday! 'Tis said he will be restored to be Master of the Horse, and be called into the Council Table, and to all his other places. And 'tis reported he will be made Captain General of all the Forces, and Ld. High Ad∣miral, &c. He treats all his old Friends that daily visit him, with great Civilities; they are all satisfied with his Integrity, and if

God spares his Life, doubt not but he will be an Instrument of much good to the King and Kingdom. He said publickly that he knew my Ld. Russel was as Loyal a Subjects as any in England, and that his Majesty believed the same now. I intend shortly to wait on him my self. It would make you laugh to see how strangely our high Tories and Clergy are mor∣tified, their Countenance speak it. Were my Shesorary to be moved for, now it would be readily granted. Sir George is grown very humble. 'Tis said Mr. Sidney is reprieved for 40 days, which bodes well.—Mr. Kedder sat with me sometime this Evening.—There being no more in the Record.

The third Letter was then read, which was directed for Mr. Edward Gael, Linnen-Draper at Ipswich; and dated Decemb. the 1st, 1683.

Mr. Gael, This Evening Mr. Kedder came and sat with me, when I acquainted him what you and others writ me in reference to him∣self, as also of the Death of Mr. Wright, which he was sorry for. He protested, if he could perswade his Wife, he would accept of Ipswich choice, notwithstanding all the Discouragement he had met with. One more he acquainted me with, that had seen a Let∣ter from Mr. Cutliffe to Dr. Clegat, extream∣ly discouraging him from coming to Ipswich, where if he did come, said, would find him∣self mistaken, for that would never enjoy Quietness or Peace, notwithstanding his Balsa∣mick

Temper, &c. as he call'd it. These things frights Mr. Kedder, who I am now per∣swading, so soon as he is up again, to go down for a Month or two, and then if he doth not like the Place and People, he may return hi∣ther again. This I resolve to press hard on Monday, when have promised to dine with me, as also Mr. Hodges. Be confident, I shall think nothing too much to effect this Business, though one or other still pulls down as fast as I build up. Here is now a door of Incou∣ragement opened for sober Men to come into publick Employment. You will undo the Town of Ipswich if you bring not sober Men into play: For God's sake consider of it. Perswade Mr. Snelling, or some sober Men, to come in their two Ports-mens places void; for other matters I refer you to Sir P. The late change here in publick Affairs is so great and strange, that we are like Men in a Dream, can hardly believe what we see, and fear we are not fit for so great a Mercy as the present Juncture seems to promise. The E. of Mac∣clesfield is bringing Actions of Scandalum Mag∣natum against all the Grand Jury-Men that in∣dicted him at last Assizes: And the several Gentlemen that were indicted in Cheshire and Northamptonshire, will bring their several Acti∣ons at Law against them. Acquaint Mr. Snel∣ling we received the two Barrels of Oysters, and two couple of Ducks, and desire him to take Mony of Buckle for them.

I rest Yours, &c.

The 4th Letter was directed to Mr. William Cavell, at Brightwell near Ipswich in Suffolk, and dated London, Decemb. the 4th, 1683. Only that part of it was read which was in the Record, and that was this:

Contrary to most Mens Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday. Great En∣deavours have been used to obtain his Pardon, but the contrary party have carried it, which munch dasheth our hopes, but God still governs. Acquaint Buckle here is no News of Crafton Hoy, notwithstanding the Wind is fair, 'tis his Practice always to loiter by the wap.

I rest, Your Loving Friend, &c.

To this Mr. Williams (of Counsel for the De∣fendant) pleaded, that the Letters had no name to them; nor was there any Proof of their be∣ing published; no more than that Sir Samuel did not deny the publishing of them, and own'd they were sent to the Post-house; winch being directed to a private Friend, he left to the Judgment of the Court, whether that was pub∣lishing a Libel. That there was no malice proved, to which the Ld. Ch. Justice replied, that the thing was Evidence it self, &c. Then Mr. Williams observed that Records had been mention'd in the Information, but not prov'd; [which not being in Court; they were sent for,

and the Jury were set by; the Court going o•• in some other Causes, and about an hour 〈◊〉〈◊〉 half after, the Records were brought, and t•••• Cause was resumed] and Mr. Tindal being sworn, put in the Records of the Attainder of the Ld. Russel, and Col. Sidney; part whereof was read; and the Counsel for the Defendant having no more to say, the Ld. Ch. Justice summ'd up the Evidence, with great Bitterness; declaring the

Letters were factious, seditious, and malici∣ous, and as base as the worst of Mankind (though he had all the Provocation that ever could be given a Man to libel another) could ever have invented.—And that they tread very near upon the Borders of High-Treason it self.—Calling it Cozen-German to High-Trea∣son, &c.

—After which the Jury laid their Heads together in the place where, they stood, and being presently after agreed upon their Ver∣dict, The Foreman gave it in, That the De∣fendant was guilty of the Misdemeanour charged on him by the Information.

The Sentence of Court was, That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life, and to be committed till the same be performed.

Proceedings in the Court of King's-Bench, against Mr. James Hollaway, April. 21. 1684.

JAmes Holloway of' Bristol, being fled out of England, was Indicted for High-Treason, for Conspiring the Death of the King, and subver∣sion of the Government, &c. And not appea∣ring to Answer the Indictment, was thereupon outlawed, and being discovered by his Factor at Nevis, to whom he had written about his Effects there, was taken at St. Estatia, one of the Caribbe Islands, by the Deputy-Governour of St. Christophers, and sent into England, and there Committed to Newgate; and upon Monday, the 21st of April 1684. was brought from thence, by Habeas-Corpus to the Bar at the King's-Bench at Westminster; where being Arraign'd, he was told of his being Indicted and Outlaw'd, and thereby Attainted for High-Treason, and ask'd what he had to say, why Execution should not be awarded against him upon that Attainder? To which be reply'd, that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him, he hoped That would render him Capa∣ble of Mercy and Pardon. Upon which the Attorny-General offer'd him a Trial, that if he had any thing to say, he Defend

himself from the Indictment; but he Confes∣sing himself Guilty of many things therein, declin'd it, and threw himself wholly upon the King's Mercy. But the Court telling him, that the King was the Dispenser of his own Mercy, and that they were only to Execute his Justice, gave a Rule for his Execution up∣on Wednesday Sevennight after, there being no other Judgment to be pronounced in such Ca∣ses, as the Court told the Attorny-General when he moved for it, the Outlawry it self be∣ing the Judgment. Which accordingly was Executed upon him, on Wednesday the 30th of April, 1684. at Tyburn.

Proceedings in the Court of King's-Bench, against Sir Thomas Armstrong, June 14. 1684. Sir George Jefferies being Lord Chief Justice.

SIR Thomas Armstrong Kt. was upon the 14th of June, 1684. brought by a Writ of Ha∣beas-Corpus from Newgate, to the Bar of the Court of King's-Bench at Westminster, and there Arraign'd upon an Outlawry of High-Treason, for conspiring the Death of the King, &c. And being ask'd what he had to say for himself, why Sentence should not be awarded against him upon that Attainder? pleaded his being beyond-Sea at the time of the Outlawry, and desired to

be tried upon the Indictment: Which the Court refusing to grant him, he pleaded the Statute of the 6th of Edw. the 6th, which gives the Per∣son Outlaw'd a Year's time to reverse the Out∣lawry, and desired it might be read; which ac∣cordingly was done: But it appearing by the Statute, That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time; Sir Thomas was told this did not concern him, for he had not rendred himself, but was taken and brought thither against his Will: To which he answered, That the Year was not then expir'd, fie was there, and did now render himself, and pray'd Counsel might be assign'd him to argue it in Point of Law: but the Court over-rul'd him in it, telling him, There was no such Doubt or Difficulty in the Matter as to need any such thing. Upon which, insisting much upon his Innocency, and offering to make proof of it, if he might be admitted to a Trial; he pro∣duc'd Holloway's Case as a Precedent for it, who had but a little before been offer'd it at the same Place: but the Court told him, that what had been done therein, was meerly from the King's Grace and Mercy, and that the King might ex∣tend the same Mercy to him also if he so pleas'd; but since he had not done so, and it not being their Business, they must proceed to award Execution upon the Outlawry. Upon which Mrs. Matthews, Daughter to the Prisoner, call'd out to the Court, not to Murder her Father. For which the Chief Justice caus'd her to be commit∣ted to the Marshal, and accordingly she (wishing

that God Almighty's Judgments might light upon them) was carried away, the Chief Justice say∣ing, That he thanked God he was Clamour-proof. After which the Attorn. Gen. offered to shew the Reasons why the King extended that Grace to Holloway, but ought not to extend it to Sir T.A. as not at all deserving any sort of Indul∣gence or Mercy; but that having relation to the Evidence, and not to the Outlawry, the Court refus'd to hear any thing of it, and so proceeded to give a Rule for his Execution the Friday following; telling him, upon his earnest pressing to have the Benefit of the Statute he had cited, the he should have the Full Benefit of the Law: And accordingly on Friday the 20th of June, he was Executed at Tyburn; Mrs. Mat∣thews, upon a Petition, being before releas'd out of Custody without Fees.