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He earnestly desired he might have Respite, and might not be tried that Day, since he had some Witnesses that could not be in Town till the Night ; nay, they were in such Post-haste, and so hot a Scent for his Blood, that on his earnest Desire, they would not stay so much as till the Afternoon, pre tending 'twas against President, and they could not do it without the Attorney-General's Consent ; tho' 'tis notorious, that both Plunket, the titular Irish Primate, and Fitz-Harris, before spoken of, were both of them tried a whole Term after they were
arraign'd ; tho' in both Cases the Attorney oppos'd it ; and even here in the Case of Treason, at the Old Baily too, Whitebread's Trial was put off to another Sessions. If 'tis pleaded, the Case is different, and that there was Reason for the one, but not for
—
better, and just at that Time News was brought hot into the House, that my Lord of Essex had this Morning prevented Justice, as has been before remarked in the Story of Essex ; as also, That several of the Jury had said, They had never found Russel guilty, had it not been for that Accident. And indeed, were that all in the Case, there would be still Room for a great
deal of Charity : For though that was no proper Evidence against the Prisoner, yet very few Persons in the World, per haps, could have been found whose Minds would have been so
firm, and Reason so clear, as not to be, whether they would or no, hingd and byass'd by such a sudden Report as this brought in among 'em, when they had no Time to consider calmly of the Matter ; and this, no doubt, was very well known by those who ordered Things in the manner before noted. But I say, 'twere to be wished, for the Honour of the English nation, that this had been all thefoulPlay in the Case, and that there had not been so many Thousand Guinea's imployed in this and other Trials, as the great Agitators thereof have lately confessed to have been. The Names of his Jury, as I find them in Print, are as follow :
'Twill be readily granted,
Tho' my Lord's Evidence were not ready, theirs was—They had concerted Business
the other :
John Martyn. William Rouse. Jervas Seaton. William Fashion.
Thomas Short. George Toriano.
William Butler. James Pickering.
Thomas Jeve. Hugh Noden. Robert Brough.
Thomas Omeby.
flflli'lli'am 3Lor& lEUisfsfel.
49
When he found he must expect neither Favour nor Justice, as to the delaying of his Trial, he excepted against the Fore man of the Jury, because not a Freeholder; which for divers and sundry Reasons, almost, if not all the Judges, having the Happiness to light on different ones, and scarce any Two of the same, was over-ruled, and given against him ; though that same Practice since declared and acknowledged one of the great Griev ances of the Nation. His Indictment ran in these words, [He did conspire and compass our Lord the King, his Supreme Lord, not only of his Kingly State, Title, Power, and Government of this his Kingdom of England to deprive and throw down; but also our said Sovereign Lord the King to kill, and to Death to
bring and put, and the ancient Government of this Kingdom of England to change, alter, and wholly subvert, and a miserable Slaughter among the Subjects of our said Lord the King, through his whole Kingdom of England to cause and procure, and In surrection and Rebellion against our said Lord the King to move,
procure, and stir up within this Kingdom of England. ] And lower, [He and divers others did consuli, agree, and conclude Insurrection and Rebellion against our Sovereign Lord the King, to move and stir up, and the Guards for the Preservation ofthe Person of our said Sovereign Lord the King, to seize and destroy. ]
Now that all this was not intended as Matter of Form only, we may see by the King's Council's opening the Evidence. The first says — [He was indicted for no less than conspiring the Death ofthe King's Majesty; and that in Order to the same, he and others did meet and' conspire together, to bring our Sove reign Lord the King to Death, to raise War and Rebellion against him, and to Massacre his Subjects — And in Order to compass these wicked Designs, being assembled, did conspire to seize the King's Guards, and his Majesty's Person : And this (he tells the Jury) is the Charge against him.
The Attorney-General melts it a little lower, and tells 'em the Meaning of all these Tragical Words, were A consult about a Rising—about seizing the Guards, and receiving Messages from E. of Shafstsbury concerning an Insurrection.
Nor yet does the Proof against him come up so high even as this, though all Care was used for that Purpose, and kind Oues-
E
50 Wt\t {Lfllesftem S^artprologp.
tions put very frequently, to lead and drive the Evidence; but one of them witnessing to any one Point.
The first of whom was Col. Rumsey, who swears, That he was sent with a Message from Shaftsbury, who lay concealed at Wapping, to meet Lord Russel, Ferguson, cW. at Shepherd's, to know of them what Resolution they were come to about the Rising designed at Taunton—That when he came thither, the Answer was made, Mr. Trenchard had failed 'em, and no more would be done in that Business at that Time. That Mr. Fer guson spoke the most part of that Answer; but my Lord Russel was present, and that he did speak about the Rising of Taunton, and consented to it. That the Company was dis coursing also of viewing the Guards, in order to surprise 'em, if the Rising had gone on; and that some undertook to view 'em; and that the Lord Russel was by, when this was undertaken. ] But this being the main Hinge of the Business, and this Wit ness not yet coming up to the Purpose, they thought it conveni ent to give him a Jog, to refresh his Memory, asking him, [Whether he found my Lord Russel averse, or agreeing to it ? ] Who, no doubt, answered, Agreeing. But being afterwards in the Trial asked, Whether he could swear positively that my Lord Russel heard the Message, and gave any Answer to it ? All that he says is this, [That when he came in, they were at the Fire-side, but they all came from the Fire-side to hear what he
said. ]
All that Shepherd witnesses, is, That my Lord Russel, &c. being
at his House, there was a Discourse of surprizing the King's Guards ; and Sir Thomas Armstrong having viewed them when he came thither another Time, said, They were remiss,
and the Thing was feizible, if there were Strength to do and that (upon his being questioned too, as Rumsey before him) whether my Lord Russel was there He says, He was, at that Time they discoursed of seizing the Guards.
The next Witness was the florid Lord Howard, who very artificially begins low, being, forsooth, so terribly surprized with my Lord of Essex's Death, that his Voice failed him, till the
Lord Chief Justice told him the Jury could not hear him in which very Moment his Voice returned again, and he told the Reason why he spoke no louder. After a long Harangue of
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it,
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51
Tropes andfine Words, and dismal General Stories, by which, as my Lord complains, the Jury were prepossessed against him, he at last makes his Evidence bear directly upon the Point for which he came thither — And swears, [That after my Lord Shaftsbury went away, their Party resolved still to carry on the
Design of the Insurrection without him ; for the better Manage
ment whereof they erected a little Cabal among themselves,
which did consist of Six Persons, whereof my Lord Russel and
himself were Two ; that they met for that Purpose at Mr. Hamb-
den's House, and there adjusted the Place and Manner of the
intended Insurrection : That about Ten Days after they had
another Meeting on the same Business at my Lord Russets,
where they resolved to send some Persons to engage Argyle
and the Scots in the Design —and (being asked too) that he was
sure my Lord Russel was there. ] Being asked whether he said
anything, he answered, [That every one knew him to be a Person
of great Judgment, and not very lavish of Discourse. ] Being
again goaded on by Jeffreys with a—But did he consent / [We
did (says / put it to the Vote, it went without Contradic
he)
took it that all there gave their
tion, and
West swears. That Ferguson and Col. Rumsey told him,
That my Lord Russel intended to go down and take his Post in the West, when Mr. Trenchard had failed 'em. Whose hear say Evidence being not encouraged, Jeffreys ends very prettily, telling the Court, they would not use any Thing of Garniture, but leave it as it was. —
As for Rumsey the first Witness: As for his Person My Lord Candish proved on the Trial, that my Lord Russel had a very ill Opinion of him, and therefore 'twas not likely he would
entrust him with such a Secret.
As to his Evidence, squeezed out of him, as it was, in both
Brances of the Design, seizing the Guards, and the Rising of Taunton, he says in gross and general, That he was agreeing to
one, and spoke about, and consented to the other. For his agree ing to the seizing the Guards, he might think, as the Lord Howard does after, that Silence gives Consent; for it appears not, nor does he swear, that my Lord spoke one Word about it. But he himself, in his last Speech, which was not a Jesuit's, and which we have all the Reason in the World to believe exactly
e2
Consent. ]
5*
aMcsftem S^artprologp.
true, since, as he himself says in [He always detested Lying, tho' never so much for his Advantage and hoped none would be so unjust, or uncharitable, to think he'd venture on in these his last Words, for which he was so soon going to give an Ac count to the Great God, the Searcher of Hearts, and Judge of all Things. ] In this last Speech he protests, that at this Time of which Rumsey swears, there was no undertaking of securing and seizing the Guards, nor none appointed to view or examine them, only some Discourse there was of the Feazibleness of
He had heard mentioned as a Thing might easily be done, but never consented to as a Thing fit to be done. Now I'd ask any Man of Sense and Honour, who did but know my Lord Russel, let 'em be never so much his Enemy, (if there were any such) which of these two they really judge most worthy to be believed? There but one against one. Rumsey, who either swore upon liking, for saving his Life, or was a Trapan, [That he was con senting to the seizing the Guards] or my Lord Russel on his Death and Salvation solemnly affirming, [That he was so far from consenting to any such Thing, that there was not so much as any such Undertaking mentioned in the Company while he was with 'em. ] Especially when 'tis observable, that Rumsey never instances in the Terms in which he gave his Consent, The same to be said of the other Branch of his Evidence, as to the Message of the Insurrection, which, he says, he brought into the Room, found the Lord Russel and the rest by the Fire whence they all came to him, and heard his Message, and the Lord Russel discoursed of the Subject on't, and consented to't. To all which let's again oppose not only what he answered in his Trial, wherein he says, That he would swear he never heard, or knew of that Message, which Rumsey says he brought to them but also what he says in Confirmation thereof in his Speech, shall aver, that what said of my not hearing Col. Rumsey deliver any Message from my Lord Shaftsbury was
true. ]
And a little before, When came into the Room saw Mr.
Rumsey the Chimney, thd he swears he came in afier. ]
One thing more observable, That when West came to give in his Garniture-Evidence, he runs in Length further than
Rumsey, and remembers Rumsey had told him, what seems
a
it I
it
by
is
[
I
I
it, ;
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is
is
it ;:
it
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he himself had forgot, That on Mr. Trenchard's failing 'em, my Lord Russel was to go in his Place, and take up Posts along in the West. And indeed had not West miss'd his Cue, and by imitating my Lord Howard's Example, begun first with Hear say, he had made as stabbing an Evidence as e'er a one of the other—Or had they but let him run to the End of his Thred, and take Things methodically, as his Lordship did before him.
For Shepherd, all must grant he says not a Syllable to the Purpose, or any thing which affects my Lord. He can hardly tell whether he was there when there was the Discourse of seizing the Guards, but speaks not a Word of my Lord's hearing, or in the leastwise consenting thereunto.
As for my Lord Howard's Evidence, we may, without Scanda- lum Magnatum, affirm, that every Lord is not fit to make a Privy-Counsellor; no, nor every witty Lord neither, especially in a Business of such a Concern. He does very well to say, the
Council of Six all chose themselves ; for had not he given his own Vote for himself, hardly any Body else would have done since his Character so notoriously different from that which he himself gives of my Lord Russel, [whom, he says, every one knew to be Person of great Judgment, and not very lavish of
For his Evidence, he too so happy to have a better Memory than Rumsey, as well as West had and says, That the Duke of Monmouth told him, Rumsey had convey 'd my
Lord Russel to Shaftsbury, on whose Persuasion the Insurrection was put off a Fortnight longer. Of this Rumsey himself says not a Syllable.
He says further, That when they had enquired how Matters stood in the Country, and the Duke of Monmouth had found Trenchard and the West-Country failed them, on this 'twas put off again —and this about the 17th or 18th of October. Now this same action Rumsey speaks of, but takes a larger Scope as to the Time, the End of October, or Beginning of November, far enough from the 17th or 18th of the Month before. Rumsey says, On this Disappointment of the Taunton Men and Tren chard, Shaftsbury resolved to be gone. Lord Howard, — That he was so far from that he and his Party resolved to do
without the Lords, and had set one Time and t'other, and at last the 17th of November, which also not taking Effect, then
Discourse^
it,
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it
it,
;
is
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54 flfilegtern S^artprologp
Shaftsbury went off. As to his Evidence, which was closer—
the Story of the Council of Six, besides the former
bility, that he among all the Men in England should be chosen one of 'em ; 'tis remarkable, that in their former greater Consults at Shepherd's which he and Rumsey mention, the Lord Howard was never present, nor so much as touches on't in his Evidence ; tho' here, if any were, the grand Affair of seizing the Guards, and the Answer to Shaftsbury about Taun ton was concerted. All that appears of Truth in the Matter, seems to be what my Lord Russel acknowledges, — That those Persons named, met very often—that there was no formed Design, but only loose Talk about those Concerns. That there was no Debate of any such Thing as was sworn, nor putting any Thing in a Method : but my Lord Howard being a Man of a Voluble Tongue, and one who talkt very well, they were all delighted to hear him.
Nor indeed does my Lord Howard positively swear, even supposing this formed Consult to be true, that my Lord Russel actually consented to it. Only— That he was there —and that he took and that he did give his Consent.
'Tis a very ill Cause that needs either a Lye or a Cheat to defend it. My Lord Russel himself being so ingenuous to acknowledge whatever of Truth, any that knew him will believe to be in his Part of the Design, 'twould be an Injury to his Memory to do any otherwise. It appears then from his own
Acknowledgment, that Howard, Armstrong, and such others, had sometimes discoursed of ill Designs and Matters in his Company And, as he says in his Speech, [What the Heats, Wickedness, Passions, and Vanities other Men had occasioned, he ought not to be answerable for, nor could he repress 'em. ] Nay more, he did sufficiently disapprove those Things which he heard discoursed of with more Heat than Judgment. But for himself, declares solemnly again and again, That he was
never in any Design against the King's Life, or any Man's whatsoever nor ever in any Contrivance of altering the Government. If so, what then becomes of all the Story of the Council of Six? And is't not to be thrown among the same Lumber with the Old Famous Nags-head-Tavern Business? 'Twill be still said he was an 111 Man, in being guilty by this
Improba
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:
it,
of
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very Confession, ofMisprision ofTreason. —Supposing this true —That was not Death, and he died, as he says, Innocent of the Crime he stood condetnned for. And besides, every Lord has not Brow hard enough, nor Tongue long enough, nor Soul little enough, to make an Informer against others to save his own
Life ? [/ hope, says he, no Body will imagine that so mean a Thought could enter into me, as to go about to save my Life by accusing others. The Part that some have acted lately of that Kind, has not been such as to invite me to love Life at such a Rate. But all this does not depend on his naked Word, since the Evidence who swore against him, being such as were neither
credible, nor indeed so much as legal Witnesses, the Accusation of itself must fall to the Ground. If legal, they were not credi ble, because, as my Lord Delamere observes in this Case, they had no Pardons, but hunted, as the Cormorant does, with Strings about their Necks, which West, in his Answer to Wal- cot's Letter, ingenuously acknowledges, and says, ['Tis through God's and the King's Mercy, he was not at the apparent Point
That in a fair Construction, was not just turning over, but was upon Trial, to see whether he'd do Business, and deserve to 'scape Hanging. Much such an honourable Way of getting Pardon, as the Fellow who saved his own Neck by turn ing Hangman, and doing the good Office to his own Father.
Nor indeed was the great Witness, the honourable Lord, who cast this Noble Person, so much as a legal, any more than credible Witness. No man alive has any Way to clear himself from the most perjur'd Villain's Malice, he swears against him Point-blank, but either by Circumstance of Time, or invali dating his very Evidence. Let any think of another Way they can. The first of these was precluded. 'Twas that which had before been made Use of to sham off a truer Plot, and much more valid Evidence. But here Rumsey and the rest came to no determinate Time, but only about such a Time; about the End of October, or Beginning of November And others cloud the precise Time in so many Words, that 'tis impossible to find it. All then that could be done, was as to the Person. Now what Thing can be invented, which can more invalidate the
Evidence any Person gives, than his solemn, repeated, voluntary Oath, indubitably proved against him, that such a Person is
of Death. ]
:
if
if
a
is,
56 %l)t
flfllestorn S^artprologp.
innocent of that very Crime of which he afterwards accuses
If this be the Case or no here, let any one read the fol
him ?
lowing Depositions, and make an indifferent Judgment. My
Lord Anglesey witnesses, He was at the Earl of Bedford's, after his Son was imprisoned, where came in my Lord Howard, and began to comfort him, saying, He was happy in so wise a Son, and worthy a Person ; and who could never be in such a Plot as that. That he knew nothing against him, or any Body else, of such a barbarous Design. But this was not upon Oath, and only related to the Assassination, as he says for himself in his Paring-distinction. Look then a little lower to Dr. Burnet, whom the Lord Howard was with the Night after the Plot broke out, and then, as well as once before, with Hands and Eyes lifted up to Heaven, did say, He knew nothing of ANY Plot, nor believed ANY. Here's the most Solemn Oath, as he him self confesses voluntarily, nay, unnecessarily ; tho' perhaps in my Lord Bedford's Case, good Nature might work upon him. Here's the Paring of his Apple broke all to Pieces. No Sha dow, no Room left for his Distinction between the Insurrection and Assassination, but without any Guard or Mitigation at all, he solemnly swears, he knew not of ANY Plot, nor believed ANY.
But 'twas no great Matter, for the Jury were resolv'd to know and believe whether he did or no.
There's but one little Subterfuge more, and the Case clear. All this Perjury, all these solemn Asseverations he tells us were only to brazen out the Plot, and to outface the Thing for himself and Party. This he fairly acknowledges and let all the World be the Jury, whether they would destroy one of the Bravest Men in on the Evidence of such Person But there's yet farther Answer. His cousin Mr. Howard, who was my Lord's Intimate Friend, who secured him in his House, to whom he might open his Soul, and to whom seems he did, he having made Application to Ministers of State in his Name, that he was willing to serve the King, and give him Satisfaction; — To him,
say, with whom he had secret Negotiations, and that of such a Nature —will any believe that he would outface the Thing here too That he would perjure himself for nothing, where no Danger, no Good came on't No certainly, his Lordship had
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57
more Wit and Conscience, and Honour ; he ought to be vin dicated from such an Imputation, even for the Credit of his main Evidence ; for my Lord Gray, he tells us, was left out of their
Councils for his Immoralities ; and had he himself been such a Sort of a Man, those piercing Heads in the Council would have certainly found him out before, and never admitted him among them. As for the very Thing, Mr. Howard tells it as generously, and with as much honest Indignation as possible, in Spite of the Checks the Court gave him. [He took it, says he, upon his Hon our, his Faith, and as much as ifhe had taken an Oath before a Magistrate, that he knew nothing of any Man concerned in this
Business —and particularly of the Lord Russel ; of whom he added, that he thought he did unjustly suffer. ] So that if he had the same Soul on Monday, that he had on Sunday, (the very Day before (this could not be true that he swore against the Lord Russel. My Lord Russel's Suffering was Imprisonment, and that for the same Matter on which he was tried, the In surrection, not the Assassination. If my Lord Howard knew him guilty of that for which he was committed, tho' not the other, how could he then say, 'Twas unjustly done ?
After all this, 'twould be almost superfluous to go any further, or insert the Evidence given by Dr. Tillotson, Burnet, Cox, and others, not only of his Vertuous and Honourable Behaviour, but
especially of his Judgment about any Stirs, or Popular Insurrec tions, — That he was absolutely against 'em, — that 'twas Folly and Madness till Things came to be regulated in a Parliamentary Way, and thought 'twould ruin the best Cause in the World to take any such Ways to preserve it.
All this and more would not do, die he must, the Duke ordered the Witnesses swore the Judges directed the Jury found it; and when the Sentence came to be pass'd, the Judge ask'd,
as usual, What he had to say why should not be pro nounced He answered, That whereas he had been charged in the Indictment which was then read to him, with Conspiring the Death of the King, which he had not taken Notice of before, he
appealed to the Judge and Court, whether he were guilty within the Statute on which he was tried, the Witnesses having sworn an Intention of Levying War, but not of Killing the King, of which there was no Proof any one Witness. The Recorder
by
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it, is
it
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it,
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told him, That was an Exception proper, and as he thought, his Lordship did make it before the Verdict. Whether the Evidence did amount to prove the Charge, was to be observed by the Jury; for if the Evidence came short of the Indictment, they could not find it to be a true Charge; but ■when once they had found it, their Verdict did pass for Truth, and the Court was bound by it,
as well as his Lordship, and they were to go according to what the Jury hadfound, not their Evidence. Now I'd fain know, what's the Reason of the Prisoner's being ask'd that Question,
What he has to say for himself? Is't only Formality, or Banter ? He makes an Exception, which the Judge himself con fesses proper. But who was Counsel for the Prisoner? Is not the Bench ? Or, does it not pretend to be so ? And why is not this observed by them in their Direction to the Jury ? The Recorder seems to grant it fairly, that the Evidence did not prove the
Charge, and says, the Court was to go, Not according to the Evidence. Well, Evidence, or none, the Truth is, was not the Question ? For being found guilty, Sentence past upon him— whence he was removed to Newgate. While he was there, the Importunity of his Friends, as he says handsomly in his Speech, lest they should think him sullen or stubborn, prevailed with him to sign Petitions, and make an Address for his Life, tho' 'twas not without Difficulty that he did any thing that was begging to save it. But with how much Success, it may easily be guessed by any who knew the Duke's Temper, nor is it forgotten how barbarously his Lady and Children were repulsed, and the King's good Nature not suffered to save one of the best Men in his Kingdom. Dr. Burnet and Dr. Tillotson were with him
much of the Time between his Sentence and Death ; where to the last, he owned that Doctrine, which other good Men, who were then of another Judgment, have since been ford) into, namely, the Lawfulness of Resistance against unlawfulViolence, from whom soever it be.
After the fruitless Applications for his Pardon ; after a Farewell and Adieu in this World, to one of the best of Women, who stood by him, and assisted him in his Trial, and left him not till now, he at last on Saturday the 21st of July went into his own Coach about Nine a Clock, with Dr. Tillotson and Dr. Burnet; whence he was carried to Great-Lincolns-Inn-Field to the Scaffold
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prepared for him, where, among all the numerous Spectators, he was one of the most unconcerned Persons there ; and very few rejoyced at so doleful a Spectacle, but the Papists, who indeed had sufficient Reason ; my Lord Powis's People expressing, as 'tis said, a great deal of Pleasure and Satisfaction. There, after he had again solemnly protested his Innocency, and that he was
far from any Design against the King's Person, or of altering the Government : Nay, That he did upon the Words of a dying Man, profess, that he knew of no Plot against the King's Life or Government ; and delivering one of the finest Speeches in the World to the Sheriff, he prayed by himself, and with Dr. Tillot- son's Assistance ; and embracing him and Dr. Burnet, he sub mitted to the fatal Stroaks, for the Executioner took no less
than Three before he could sever his Head, which when 'twas held up, as usual, there was so far from being any Shout, that a considerable Groan was heard round the Scaffold. His Body was given to his Friends, and conveyed to Cheneys in Bucking hamshire, where 'twas buried among his Ancestors. There
was a great Storm, and many loud Claps of Thunder the day of his Martyrdom.
An Elegy was made on him immediately after his Death ; which seems, by what we have of to be writ with some Spirit, and a great deal of Truth and good Will only this Fragment on't could be retrieved, which yet may not be unwelcome to the Reader.
'Tis done —he's crown 'd; and one bright Martyr more, Black Rome, charg'd on thy too bulky Score.
All like himself he mov'd so calm, so free,
A general Whisper question'd — Which He Deckt like a Lover, tho' pale Death's his Bride, He came, and saw, and overcame, and dy'd.
Earth wept, and all the vainly pitying Croud
But Heaven his Death in Thundergroan' aloud.
The rest are lost—But he has better Justice done him by the honourable Parliament and the World should possibly be so malicious and silly, in After-Ages, as some are in this, and ask,
What have they done since their Meeting? Had we not a Nation saved, Peace preserved, and many other almost Miracles
;
if
;
d
:
is ?
is
it, ;
6o flfliegtern S^actproloijp,
to answer 'em ; yet this one Thing would be sufficient, That in this Sessions, they Kad Reversed the Judgment againt this Ver- tuous, Pious, and Honourable Lord.
For his Character, if we'll believe the best Men, and those who knew him best, 'tis one of the most advantagious the Age, or indeed, our Nation has yielded. Those are great Words which Mr. Leviston Gower speaks of him on his Trial, but yet not a
Syllable too big for his Merit, tho' they are very expressive of it. — That he was one of the best Sons, the best Fathers, the best Husbands, the best Masters, the best Friends, and the best Chris tians. By others, That he was a most Vertuous, Prudent, and Pious Gentleman. —A Man of that Vertue, that none who knew him could think him guilty of such a Conspiracy. —A man of
great Honour, and too prudent to be concerned in so. vile and desperate a Design. —A Person ofgreat Vertue and Integrity. — One, whom those he had long conversed with, never heard utter so much as a Word of Indecency against the King. ] And others of the highest Quality, who had been often in his Company, say, That they had never heard any Thing from him, but what was
honourable, just, and loyal.
His Person was tall and proper ; his Temper even and agree
able, and such as rendered his Vertues even more lovely than they did him. His Piety and Devotion as unaffected, and yet as remarkable as his Love to the Church of England. The true
Church of England, as he himself calls not those Tumours and Wens that grow upon and pretended to be not only Part, but All of in our late bad Times to whose Heighths and Extravagances he thinks no Shame, in his Speech, to confess he could never rise. He was of a Noble Courage, which he did not express by Quarrels or Duelling, but serving his Country at Sea in the most dangerous Wars, and at Land in the Parliament, in more dangerous Councils and Debates. He was there a true Englishman —still the same you knew where he would be, for he never mov'd. A strenuous Asserter and Defender of his Country's Religion and Rights against all Opposers, and that in a Lawful and Parliamentary Method. He spoke little there, but always very home, and much to the Purpose —And that was as true a Character of him formerly recited, as had come from
a better Man, That every one knew the Lord Russel to be a
if it
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Person of great Judgment, and not very lavish in Discourse. Lastly, which will give no small Heightening to his Character, He had Mr. Johnson to his Chaplain.
An Abstract of the Late Noble Lord Russel's Speech to the Sheriffs ; as also of a Paper delivered by him to them at the Place of his much lamented Execution, July 21. 1683.
In his Speech to the Sheriffs, he tells them, that for Fear of not being well heard, he had couched what he had to say upon that sad Occasion in the Paper he deliver'd them ; only he pro tests his Innocence of any Designs against the King's Person, or the then Government, and prays for the Preservation of both, and of the Protestant Religion; and in short, declares, that he
forgives all the World, and wishes that all True Protestants may love one another, and not make Way for Popery by their Animosities.
In the Paper, He first declares himself composed for Death, and weaned from this World. Then he affectionately thanks God, as in general, so in particular, for his advantagious Birth and Religious Education, of which in that important Occasion, he found such happy and powerful Effects, as kept him up against the Fear of Death, and all other Discomposures, and armed him with such Assurances in God's Love and Mercy, as made the most joyful of the visibly saddest Moments of his
Life.
He professes to die as he had lived, a sincere Protestant the
Church ofEngland, tho' he never could come up to the Heighths of some ; wishes more Moderation both in Church-men and Dissenters ; and that the Common Danger of Popery might move
them to lay aside their Differences, and all Persecuting Inclina tions, as more unseasonable than at any other Time.
He declares, he had a Notion of Popery, as of an Idolatrous and Bloody Religion, and thought himself bound to act in his
Station against notwithstanding the Power of the Enemies he was sure to meet with on that Account, dr'c. But yet he pro fesses he never thought of doing any thing against basely or inhumanely, against the Maxims of Christian Religion, or the
it
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Laws and Liberties of this Kingdom, for his Sincerity, in which, he appeals to God, renouncing all Passion, By-end, or Ill-Design, as also all Designs of changing the Government, which was in his Opinion, the best in the World, and for which, as well as his Country, which he valued above his Life, he was ever ready to venture it : Disclaims all Thoughts against the King's Life, denying even the Lord Howard to have said any thing tending to prove it.
Prays sincerely for the King and Nation, and wishes they may be mutually happy in one another ; that the King may be truly a Defender of the Faith ; that the Protestant Religion and Kingdom may flourish under him, and he be happy in both Worlds.
As to his Share in the Prosecution of the Popish Plot, he de clares he acted sincerely in as really believing, as he still did, the Truth of such Conspiracy, and disclaims his Knowledge of any Practices with the Witnesses, which he protests against as abominable, and disowns Falshood or Cruelty ever to have been in his Nature.
He persists in his Opinion, that Popery was breaking in upon the Nation, and grieves to see Protestants instrumental to declares his Fears of the Sufferings the Protestant Religion was like to undergo, and bewails the publick and shameless Impiety that abounded and modestly admonishes all Persons, and par
ticularly his Friends, Well-wishers to the Protestant Cause, that were defective, to live up to its Principles. Then he declares his Submission to God's Pleasure, freely forgives his Enemies, and desires his Friends to seek no Revenge for his Blood.
After which, he looks back, and gives some little Touches concerning his past Behaviour, and the Manner of his Treatment at his Trial.
He confesses, he moved much for the Bill of Exclusion, as the only effectual Remedy to secure both the King's Life, the Protes tant Religion, and the Frame of the Government, he thinking none of them could be safe so long as there was any Hopes of a
Popish Successor; and that the Limitations proposed to Bind the Duke, were effectual Remedies against those Fears, because the Nation could never be easie and safe under King without
Prerogative But yet imputes his present Sufferings to the
a
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flflli'lUam ILorb Iftusfsel.
63
Revengeful Resentments some Persons retained for his Earnest ness in that Matter.
Next, as to his conspiring to seize the Guards, he disowns that ever he was concerned in any such Design, or ever heard -talk of any such Thing as designed, but only once, as of a Thing feazible, against which likewise he warmly declared himself, and
said, the Consequence of it was so like to end in Massacring the Guards in cold Blood, »hat he could not but abhor the Thoughts of as approaching too near the Popish Practice at which the Duke of Monmouth taking him by the Hand, cried out affec tionately, that he saw they were both of a Temper he adds on that Occasion, that he always observed in that Duke an Abhorrence to all Base Things.
He proceeds to shew how he went to the Meeting at Mr. Shep herd's, at the Duke of Monmouth's earnest Request, chiefly to endeavour to prevent any such disorderly Proceedings, as the
Duke feared would be otherwise put on by some hot Men, whose rash Courses he did accordingly most vigorously oppose, and yet was condemned only for not discovering them, tho' he endeavoured to reform them, because he would not stoop to so mean a Thought, as that of going about to save his Life by accusing others for Crimes that they only talkt of, and that, as we may partly gather from his Discourse, he had effectually dis suaded them from too, so that his Intention was good, and his
Part in that Transaction, even in the strictest Sense of Law, but Misprision of Treason, and therefore he declares he cannot but think the Sentence of Death past against him to be very hard, and he by a strange Fetch, brought within the Compass of the Statute of Treason, of Edward the Third.
He moreover adds, that he had so convincing a Sense of his own Innocence in that Case, that he would not betray by Flight, tho' much pressed to it. He next excuses his saying so little at his Trial, saying, he hoped lookt more like Innocence than Guilt Adding, that he was advised not to confess Matter of Fact too plainly, because would certainly have brought him within the Guilt of Misprision, and so he thought better to say little, than by departing from the Ingenuity he had always prac tised, by using little Tricks and Evasions, to make the last and solemnest Part of his Life so notably different from the pre
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ceding Course of as such a Conduct would have made He farther subjoins, That he never pretended great Readiness in Speaking, and advises those Gentlemen of the Law that have
to use more conscienciously, and not to run Men down, and impose on Easie and Willing Juries by Strains and Fetches, dr'c, the Killing unjustly Law, being the worst of Murthers. He then, as in several other Places, repeating his Wishes, that the Rage and Revenge of some Men, and the" Partiality of Juries, may be stopped with his blood, and so after a small Hint, how by the Importunity of his Dearest and most Vertuous Lady, and some other Dear Friends, he had been prevailed upon against his Lnclinations, to Address, tho' ineffectually, for his Life; he concludes with a fresh Protestation of his Lnnocency, and a Devout Prayer to God, suitable to that sad Occasion.
CAPTAIN WALCOT,
APTAIN Walcot and his Fellow- Sufferers, in Order of Time, should have gone first, he being convicted before my Lord Russel, and executed the Friday, as he on Saturday. But my Lord Russel's Fate having
so immediate a Dependance on the Earl of Essex's, and all the Plot hanging on him especially they two making the greatest Figure of any who suffered on this Occasion lookt more
proper and natural to begin with them, and reserve the other to this Place. Captain Walcot was a Gentleman of a considerable Estate in Lreland, but more remarkable for the rare Happiness of having Eight Children all at once living, and most of all, for his Love to his Country, which cost him his Life. We can have but little Dependance, as has been before hinted, on the Publick
Papers relating to these Concerns, especially in his Case, where Cartwright was engaged. What appears to us, and we may
— That West, Rumsey, and, think, one more of 'em, had frequent Discourses, at least, of Killing the King and Duke — so horrid
believe most reasonable, and what's agreed on of all Hand,
and barbarous Thing, and so like the Practice and Principles of those worst of Men, the Papists that as every true English
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man, and good Christian must' needs conceive a Detestation and Horror at the very Mention of it ; so, no Doubt, it will be very acceptable to such to find when the Thing is enquired closely into, which has partly been done before, and shall now be finished, to find no Probability of any thing real in the Bottom, none engaged in but two or three Knaves, and one Fool. No person of Honour or Character, who had heard so much as any Discourse of but what immediately disapproved, or detested as much as any good Man ought to do Tho' some of 'em, there were more than Walcot, might hear such mad Discourse, as my Lord Russel says, the Wickedness,
Passions, and Vanities of other Men might have occasioned and yet not believing any thing in more than Words, nor think they were obliged to turn Informers and Hangmen which because they did not do, they suffered themselves. And this any reasonable Man will, doubt not, upon a little free thinking, acknowledge to be Walcofs Case, and no further. The pre tended Crime for which Walcot suffered, and which West and others witnessed against him, was — Consulting the Death of the
King, and charging the Guards, at his Return from New-market, while the dreadful Blunderbuss was to be fired into the Coach by Rumbold, or some others. His Privacy to Discourses about the King's Death was but Misprision. For his acting in they could not have pitched on a more unlikely Man to command Party in so desperate an Attempt as charging the Guards, than one that was Sick and Bedrid of the Gout, as about this Time, and often besides, the Captain was. Nor seems West's Pre tence more likely —That he refused to be actual in the Assas sination, because of the Baseness of but offered to charge the Guards, while others did —much as wisely and tenderly, as he had denied to cut a Man's Throat, but consented to hold his
Hands while others did it. This he denies with Indignation in his Speech, and [Appeals to all that knew him, Whether they thought him such an Idiot, that he should not understand 'twas the same Thing to engage the King's Guards, whilst others killed him or to kill him with his own Hands Here then, 'tis plain, lyes the Pinch of the Matter West and Rumsey, &c. had been frequently discoursing at that Bloody, Villanous Rate
West was most impatiently eager of having done—He pro-
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66 %lyt flfliegtem S^. actprologp.
posed the Lopping 'em at a Play, which he said would be [in their own Calling^
For some of those who are charged with this foul Business, as Promoters, or so much as Approvers thereof, were they Inno cent or Guilty as to that Particular ; I can assure the Reader I have the same thought of 'em, that Juvenal had of Sejanus, and can say as he does, Nunquam si quid mihi credis, amavi. But however one may add as he does, Sed quo accidit sub crimine ? Quisnam Delator ? Quibus Indiciis ? Quo Teste ? And almost resolve all these Questions to the same Way, with a—Nil horum. Never was any Party without many ill Men —This, no Doubt, had too many whose ill Lives both discredited, and in Probability, ruined the best Cause in the World, as my Lord Russel intimated in his Speech. Some of these, not having the Fear of God before their Eyes, might have such traiterous Designs ; nay, and by their own Confession, it appears they had so — But let's not however be hurried away in a Popular Stream, which generally runs very muddy, jto condemn those, who, whatever Personal Faults they may have had, how turbulent their Nature, or bad their Morals, or ill their Character, yet seem to be no Way concerned in so bloody and barbarous a
Conspiracy, how home soever it might be charged upon 'em. West and Rumsey were the main Pillars, and almost only Witnesses on which the Credit of that Action depended, who appear all through the great and almost sole Managers thereof, and who accuse others for being concerned in it. What and how much their Credit weighs, we have already hinted, but shall yet confront it with further Testimonies relating to this
Matter, and that of Dying Men, who could expect no Pardons in this World, nor t'other for a Falshood. Besides, Rumbold's solemn Protestation ; see Walcot's Speech and Paper, wherein he as deeply affirms, as a Man can do, [That West bought Arms for this Villanous Design (which cannot be expressed with Detestation enough) without any Direction of his—nay, without any Direction, Knowledge, or Privity of his. ] West says in his Answer to this, as well as in his Evidence, [That Walcot
in the Direction about the Nature and Size of those Arms ; that he was very intimate and familiar with this Rum- bold, who was to be the principal Actor in the Assassination. ]
joined
Captain JLQialcot,
$c. 67
But Rumbold's Death before recited, clears himself, and Walcot, and shews us what West is. In another Place he affirms — That Walcot told him Ferguson had the chief Management of the intended Assassination. Rumbold's hard Name, as has been said already, Ferguson's ill Name, and the Absence of 'em both, brought 'em in all Probability into the Business ; and Walcot's being past answering for himself or them, made it very
advisable to charge so much on him. So in the same Nature Ferguson was the Author of that Expression Walcot had from West, —Ferguson undertook for the Duke of Monmouth, — Ferguson proposed to see for an Opportunity between Windsor
and Hampton-Court. —The Men to commit the Assassination were all provided by Ferguson, Rumbold, &c. And I remember another of 'em, or, he himself, talks of Fifty Men engaged for the very Action. Now as meer good Nature, and the Love I have to my Countrymen, will never suffer me to believe there could be so many Englishmen found, and Protestants too, who
would consent to kill their King ; never any one having acknow ledged such a Design besides poor Hone, who was so stupid, he could not give one sensible Answer to what Cartwright asked him at his Death ; So plain Testimony, and Dint of Fact and Reason, forces me to conclude these Persons here charged were not guilty. See what Rouse says of it—He was told, they did not intend to spill so much as one Drop of Blood. But most particularly Holloway, [He could not perceive Ferguson knew anything of the New-market Design, but Rumsey and West were deep in't. ] Again, [Holloway askt West who was to act
the Assassination? To which he could give but a slender Answer, and could, or would name but Two Men, Rumbold and his Brother. ] Just such probable Stuff as Colledge's seizing the King by himself at Oxford, [So that (he goes on) we found they had but few Men, if more than Two, and no Horses, only a Parcel of Arms he shewed at a Gunsmith's. ] And lower at
another Time, [West only named Rumsey and Rich. Good- enough as concerned in the Assassination — West again proposed the Assassination, but none seconded him—Rumsey was for the old Strain of killing the King, to which not one consented — He
—
knew Ferguson to be against any such Design. F2
Ibove Five concerned in it. He heard Walcot could never find a
speakagainst it—
68 flfllesfteni S^artprologp.
Upon the whole, the World is left to its Liberty to believe, at least Three Dying Mens Asseverations, against those who so plainly swore others Necks into the Halter, to get their own out, that West himself is not ashamed to own in his forementioned Answer, That he was still in Danger of Death, though not so eminent as it had been ; not at the apparent Point of Death.
And at the Close of this Paper, — If it shall please the King to spare my Life for my Confession, it is a great Happiness, dr>c. Which Part of his Evidence every Body will easily believe.
From all which, here lyes a fair Supposition of the Innocency of this Captain, and others of what they were Accused, found
Guilty, Sentenced, and Died for ; it being on West's Evidence, and such as his, that he and others were Arraign'd and Con demned ; the Captain's Defence being much the same with what he says in his Speech. 'Tis well known, that the Witnesses against Captain Walcot swore for their own Lives with Halters about their Necks ; and it is as true that most of the Witnesses had talked at a mad Rate, in the hearing of some of those whom they destroyed ; but see, what Captain Walcot in a most solemn
Manner declared with his last Breath.
An Abstract of Captain Walcot's Speech.
Captain Walcot denied any Design of killing the King, or of engaging the Guards, whilst others killed him; and said that the Witnesses invited him to Meetings, where some things were discoursed of, in Order to the asserting our Liberties and Properties; which we lookt upon to be violated and invaded :— That they importuned and perpetually sollicited him, and then delivered him up to be hanged —That they combined together to swear him out of his Life, to save their own; and that they might do it effectually, they contrived an Untruth. —That he forgave them, though guilty of his Blood; but withal, earnestly begged,
That they might be observed, that Remarks might be set upon them, whether their End be Peace; and he concluded (with what made Sir Roger L'Estrange a great deal of Sport, but yet
Heaven has made it good) That when God &at& a (HHorfc to bo, mill not taant Instruments.
With him was tried Rouse, who was charged with such Parcel of mad Romance, as was scarce ever heard of and one
;
a fie
Captain flfllalrot,
$c. 69
would wonder how Perjury and Malice, which used to be sober Sins, could ever be so extravagant as to hit on't. He was to seize the Tower, pay the Rabble, uncase the Aldermen, to be Pay-master and Flea-master General, and a great deal more to the same Tune. In his Defence he says no great Matter, but yet what looks a thousand times more like Truth than his Accusation ; That the Tower-Business was only Discourse
of the Feazibleness of the Thing, (as RusseTs about the Guards)
but without the least Intent of bringing it to Action; That all
he was concerned in any real Design, he hadfrom Lee, and was getting more out of him, with an Intention to make a Dis
covery. But it seems Lee got the Whip-hand of him ; they were both at a kind of Halter-Combat ; Rouse's Foot slipt, and Lee turned him over, and saved his own Neck.
His Dying-Words.
Mr. Rouse declared, that he was told, that They did not intend to spill one Drop of Blood; and affirmed that Lee, the Witness against him, did (by his Evidence) make him the Author of the very Words, that came out of his, the said Lee's, own mouth.
A Brief Extract of Captain Walcot's Prayer.
O Lord, our God, Thou art a God of present Help in Time of Trouble, a God, that hast promised to be with thy People in the Fire and in the Water. O Lord, we pray thee, that thou wilt afford thy Presence to thy poor suffering Servants at this Time, O Lord, thy Servant that speaketh doth confess, that the Iniquities of his Heels have justly overtaken him ; O do thou bathe each of our Souls in that Fountain set open for Sin and for Uncleanness. O do thou enable every one of us, from the inward Evidence of thy Spirit, to say with thy Servant Job, That we know and are assured that our Redeemer lives. O give
us some inward Tastes of those Heavenly Joys that we hope through the Mercy of Jesus Christ, in a little Time to have a more full Fruition of. O Lord, do thou speak Peace to every one of our Consciences ; tho' we lye under a Sentence of Death from Man, we beg that we may have a Sentence of Life Eternal from our God ; and though we meet thee, O Lord, in a Field of
70 flfllesftern S^artprologp.
Blood, we beg that thou wilt come to meet with us in a Field of Mercy. O Lord, though we have been Prodigals, we desire to return unto our Father's House where there is Bread enough. O enable us to come unto thee as Children to their Parents. Lord, put to thy helping Hand ; Lord, teach us truly to leave
no Sin unrepented of, in any one of our Hearts. And, O Lord, we beg that with us thou wilt give us Leave to recommend unto thy Care our Poor Wives and Children : Thou hast promised to be the Father of the Fatherless, and the Husband of the Widow; and thou hast commanded us to cast the Care of them upon thee. O do thou make Provision for them, and enable them to bear this severe Stroak with Patience. O Lord, we also
beseech thee in the Behalf of these poor Kingdoms wherein we are, that thou wilt be merciful to them, prevent Divisions among them, heal all their Breaches, compose their Differences, make all that are thine of one Heart and Mind in the Things of thee our God. Lord, favour us with thy Mercy, assure us of thy Love, stand by us in this difficult Hour, take us into thine own Care, cause thy Angels to attend us, to convey our Souls as soon as they are divided from our Bodies, into Abraham's Bosom.
All which we beg for the Sake of thy Son Jesus Christ, in whom, O Lord, this little Time do thou give us Hearts to give thee all Glory, Honour and Praise, now and for ever more, Amen, Sweet Jesus, Amen.
Hone was accused, and owns himself guilty of a Design to Kill the King and the Duke of York, or one, or neither, for 'tis impossible to make any Sense of him. When they came to
suffer, Walcot read a Paper, in which was a good rational Con fession of his Faith ; then comes to the Occasion of his Death, for which he says, he neither blames the Judges, Jury, nor Council, but pnly some Men, that in Reality were deeper con cerned than he, who combined together to swear him out of his Life to save their own, and that they might do it effectually, contrived an Untruth, Gr'C. He forgives the World and the Witnesses : Gives his Friends advice to be more prudent than he had been; prays that his may be the last Blood spilt on that Account; wishes the King would be merciful to others; says he knew nothing of Ireland, and concludes, with praying God
to have Mercy upon him. He had then some Discourse with
Captain flfllalcot,
$t. 71
Cartwright, wherein he tells him, That he was not for contriv ing the Death of the King, nor to have had a hand in't; and being urged with some Matters of Controversy, tells him, He did not come thither to Dispute about Religion, but to die Religiously.
But though Dying be a serious Business, yet 'tis almost impos sible to read Hone's Discourse with the Dean, without as violent Temptations to laughter as Compassion. Never was so exact an Imitation of the Scene of the Fisherman and Kings in the Rehearsal, when he tells 'em Prince Pretty-man killed Prince Pretty-man. One would think him very near in the same Case with Bateman, who came after him. His Replies are so incon gruous, that there is hardly either Sense or English to be made out of 'em. But the poor Fellow talks of Snares and Circum stances, and no Body knows what, and says in one Line, He was to meet the King and Duke of York, but he did not know when,
In the next, he was
killing the King,
for
little of it, as any poor silly Man in the World.
Rouse comes next, gives an Account of his Faith, professing to
die of the Church of England, tells his former Employment and Manner of Life, acknowledges he heard of Clubs and Designs, but was never at 'em, and a perfect Stranger to any thing of that Nature. Gives a Relation of what past between him and his Majesty on his Apprehension. Talks somewhat of Sir Thomas Player, the Earl of Shaftsbury, and accommodating the King's Son, as he calls tho' not while the King reign'd. Then falls upon Lee, and the Discourse they had together, who, as he says, swore against him on the Trial those very Words he himself had used in pressing him to undertake the Design. Speaks of Silver Ball which he proposed to be thrown up on Black-Heath, and after some Discourse with the Ordinary, gives the Specta tors some good Counsel. Then they all three singly prayed and then the Sentence was executed upon 'em.
where, nor for what :
and saving the Duke; and when ask'd the Reason, answers, the only sensible Thing he said all through, That he knew no Rea son, that he did not know what to say lo't. And when the Dean charges him with the Murderous Design, — That he knew as
;a
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ALGERNON SIDNEY,
HE next Victim to Popish Cruelty and Malice, was Colonel Algernon Sidney, of the Ancient and Noble Name and Family of the Sidneys, deservedly Fa mous to the utmost Bounds of Europe ; who, as the
Ingenious Mr. Hawles observes, was meerly talkt to death, under the notion of a Common-wealths Man, and found guilty by a Jury who were not much more proper Judges of the Case, than they would have been had he writ in Greek or Arabick. He was Arraign'd for a Branch of this Plot at Westminster the 17th of Novemb. 1683. where, tho' it cannot be said the Grand Jury knew not what they did, when they found the Bill against him, since, no Doubt, they were well instructed what to do ; yet it must, that they found it almost before they knew what 'twas, being so well resolved on the Case, and agreed on their Verdict, that had he been Indicted for breaking up an House, or robbing on the Highway, 'twas doom'd to have been Billa vera, as much as 'twas now. For tho' the Indictment was never presented to 'em before they came into the Hall, yet they immediately found it : The Substance whereof was, [For a Conspiracy to depose the King, and stirring up Rebellion, and writing a libel for that Purpose. ] The most Part of the Evidence brought;against him,
was only Hear-say, as against my Lord Russel nay, West, whose Evidence was then refused, now was admitted to tell a long Story of what he had from one and t'other. Rumsey's was much of the same Nature. In the rear came that never failing Evidence, the Lord Howard, who witnesses he was one of the Council of Six, and engaged one of the deepest in their Con sults. And more than that, exercises his own Faculty very handsomly, in an account of two Speeches Mr. Hambden made on the Occasion, which indeed were such fine Things, that some might think it worth the while to swear against a Man, only to have the Reputation of reciting 'em ; and whom they are most like, Mr. Hamden, or my Lord's own witty self, let any Man
judge.
The next Evidence was a Paper, said to be of the Prisoner's
writing, which was found in his Study. The Substance of which
ESQ.
Jesuit's
Algernon
feu'tmep, d&q.
73
was an Enquiry into the Forms of Government, and Reasons of their Decays : The Rights of the People, and the Bounds of Soveraignty, and Original of Power. In which were those heinous, treasonable Expressions, [The King is subject to the Law of God as a Man, to the People who made him such, as a King, &c] And examples of evil Kings and Tyrants, whom sometimes a Popular Fury had destroyed ; at others, the Ordines Regni either reduc'd, or set them aside, when their Government was a Curse instead of a Blessing to their People. Well, what Treason in all this, and a great deal more? Nothing but a
enchanted Telescope could have found any in it. If there were any Mistakes, as he says in his Speech, they ought to have been confuted by Law, Reason, and Scripture, not Scaf folds and Axes. First, 'Twas not proved to be his writing, nor did he confess it ; Treason and Life are critical Things : One ought to be as fairly proved, as t'other to be cautiously proceeded against. Tho' he might write he had the Liberty of an Englishman, not to accuse himself The very same Thing which was afterwards put in Practice by those Reverend Per sons, who, later than he, and cheaper too, defended their Coun tries Liberty with only the Loss of their own. But owning he writ How very few, any Things therein, are not now gene rally and almost universally believed, and are the Foundation of the Practice, and Satisfaction of the Conscience of every Man, tho' then confuted with the Single Brand of Common-wealth Principles, being indeed such as all the World must, whether they will or no, be forced into the Belief of, as soon as Oppres sion and Tyranny bears hard upon 'em, and becomes really unsupportable But supposing they were now as wicked Prin
ciples as they were (called) then yet what was that to the then present Governors He answer'd Filmer for his own Satisfac tion, or rather began to do many Years before the Makers of this Plot dreamt of that, or bringing him into Kept private in his own Study, where might have lain till Dooms-day, had not they fetch'd out to make somewhat on't. 'Twas suggested, and Innuendo'd, that this Book was written to scatter among the People, in Order to dispose 'em to rebel, as 'tis in the Indict ment. But how ridiculous that any one will see who con
siders the Bulk of which was such, that, as he says in his
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S^artprologp.
Speech, [Thefiftieth Part of the Book was not produced, nor the Tenth of that read, tho' de desired it, and 'twas usual ; and yet after all, as it had never been shewn to any Man, so 'twas not
finished, nor could be in many Years. ] Now is this a Business likely to be calculated for a Rebellion ; when it could neither be finished till several Years after 'twas over ; and besides, if it had, the Bulk made it so improper to be dispersed for that Purpose for which 'twas pretendedly designed? No, those who are to poison a Nation in that Manner, know better Things, and more likely Ways. 'Tis to be done in little Pamphlets, and Papers easily read over, understood, and remembred, as the Declara tion-Gentlemen t'other Day, very well knew. But still here being not a Syllable, in these Papers of King Charles, any more than of the King -of Bantam, or the Great Mogul, against whom they might as well have made it Treason ; 'twas all supplied by a fine Knack, call'd an Innuendo, that is in English, such Inter
pretation as they would please to affix on his Words. Thus when he writes Tarquin, or Pepin, or Nero, they say, he meant King Charles; and so, scandalously of him, as well as wickedly of the Gentleman, make a Monster and a Ravisher of their King, and then take away another's Life for doing it. There was a Minister I have somewhere read of, who was accused for writing a libel against Queen Elizabeth, and her Government ; and the Fact there, 'tis true, lay as this does upon Innuendo's, though
much more plain and pregnant. — But all the Punishment in flicted on him, though thought severe enough, reached not his Head, the Loss of his Hand being thought sufficient, while with that which was left, he pulled off his Hat, and prayed God to bless the Queen. — But this was under a mild Reign, and truly
Protestant Government.
As for my Lord Howard's Evidence, had the Jury been any
but such as they were, and Sidney describes them, they would not have hang'd a Jesuite upon the Credit on't ; he having, one would think, that read the Trials, taken a Pride in damning . himself deeper and deeper against every new Appearance in publick, on purpose to try the Skill and Face of the Council in bringing him off again. To the Evidence brought against him in my Lord Russel's Case, he had taken Care that these follow ing should be added.
Algemon »>ttinep, (£gq.
75
The E. of Clare witnesses, that he said, after Sidney's Impri sonment, if questioned again, He would never plead — (Had it not been a pleasant Thing for my Lord Howard to have been pressed to Death for not speaking? ) And that he thought Colonel Sidney as innocent as any Man breathing : Mr. Ducas says the same, so does my Lord Paget, and Mr. Edward, and Philip Howards, and Tracy, and Penwick, and Mr. Blake, that be said he had not his Pardon, and could not ascribe it to any
Reason, but that he must not have it till the Drudgery of Swear ing was over.
But though there was no reasonable Answer could be given to all this ; tho' Sidney pleaded the Obligations my Lord Howard had to him, and the great Conveniency he might think there might be in his being hang'd, since he was some Hundreds of
Pounds in his Debt, which would be the readiest Way of paying him ; and had besides, as it appeared, a great mind to have the Colonel's Plate secured at his own House ; tho' never Man in the World certainly ever talk'd stronger Sense, or better Reason, or more evidently batter'd the Judges, and left 'em nothing but Railing. —'Twas all a Case with him, as well as the others ; and the Petty Jury could as easily have found him Guilty, without hearing his Trial, as the Grand Jury did, as soon as e'er they saw the Bill. Never was any thing more base and barbarous, than the summing up the Evidence and Directions to the Jury, who yet stood in no great Need of 'em : Nor more uncivil and sawcy a Reflection on the Noble Family and Name of the Sidneys than the Judges saying—That he was born a Traitor. Never any thing Braver, or more Manly, than his Remonstrance to the King for Justice, and another Trial : Nor lastly, more Roman, and yet truly Christian than his end. The Brave Old Man came up on a Scaffold, as unconcerned as if he had been going to fight, and as lively as if he had been a Russel. In his last Speech he gives almost all the Substance of all those Books which have been lately written in the Defence of the late Tran sactions, and no disgrace to 'em neither ; since Truth and Reason are eternal, and one and the same from all Pens and Parties, and at all Times ; however there may be some Times so bad, that they won't bear some Reason^ any more than some Doctrine. —He there says as much in a little as ever Man did—[That
76
flfliegtem S^artprologp.
Magistrates were set up for the good of Nations, not h contra. ] If that be Treason, K. Charles the First is guilty on't against himself, who says the same Thing. [That the Power of Magis trates is what the Laws of the Country make it : That those Laws and Oaths have the Force of a Contract, and if one Part
is broken, t'other ceases. ] And other Maxims of the same Neces sity and Usefulness. — He, besides this, gave a full Account of the Design of his Book, of his Trial, and the Injustice done him therein ; of the Jury's being packt, and important Points of Law over-ruled; and ends with a most Compendious Prayer, in which he desires God would forgive his Enemies, but keep 'em from doing any more Mischief—And then he laid down his Head, and went to Sleep.
TO THE KING'S MOST EXCELLENT MAJESTY.
The Humble Petition
of Algernon Sidney, Esquire,
Sheweth,
That your Petitioner, after a long and close Imprisonment,
was on the Seventh day of this Month, with a Guard of Soldiers brought into the Pallace-Yard, upon a Habeas Corpus directed to the Lieutenant of the Tower, before any Indictment had been exhibited against him : But while he was there detained, a Bill was exhibited and found ; whereupon he was immediately car ried to the King's Bench, and there Arraign'd. In this Surprize he desired a Copy of the Indictment, and leave to make his Exceptions, or to put in a special Plea, and Council to frame it ; but all was denied him. He then offered a Special Plea ready ingross'd, which also was rejected without reading : And being threatned, that if he did not immediately plead guilty or not guilty, Judgment of High Treason should be entered, he was forced contrary to Law (as he supposes) to come to a general issue in pleading not guilty.
November 21. He was brought to his Trial, and the Indict ment being perplexed and confused, so that neither he nor any of his Friends that heard it, could fully comprehend the Scope of
he was wholly unprovided of all the Helps that the Law
.
it,
Algernon &i'&nep, d&q.
77
allows to every Man for his Defence. Whereupon he did again desire a Copy, and produced an Authentick Copy of- the Statute of 46 Ed. 3. whereby 'tis enacted, That every Man shall have a Copy of any Record that touches him in any manner, as well that which is for or against the King, as any other Person ; but could neither obtain a Copy of his Indictment, nor that the Statute should be read.
The Jury by which he was tried, was not (as he is informed) summoned by the Bailiffs of the several Hundreds, in the usual and legal Manner, but names were agreed upon by Mr. Graham, and the Under-Sheriff, and Directions given to the Bailiffs to summon them : And being all so chosen, a Copy of the Pannel was of no Use to him. When they came to be called, he excepted against some for being your Majesty's Servants, which he hoped should not be returned, when he was prosecuted at your Majesty's Suit ; many more for not being Freeholders, which exceptions, he thinks, were good in Law ; and others were lewd and infamous Persons, not fit to be of any Jury : But all was over-ruled by the Lord Chief Justice, and your Petitioner forced to challenge them peremptorily, whom he found to be pickt out as most suitable to the Intentions of those who fought his Ruin ; whereby he lost the Benefit allowed him by Law of making his Exceptions, and was forced to admit of Mechanick
Persons utterly unable to judge of such a Matter as was to be brought before them. This Jury being sworn, no Witness was produc'd who fixed any thing beyond Hearsay upon your Peti tioner, except the Lord Howard, and them that swore to some Papers said to be found in his House, and offered as a second Witness, and written in an Hand like to that of your Petitioner.
Your Petitioner produced Ten Witnesses, most of them of Eminent Quality, the others of Unblemisht Fame, to shew the Lord Howard's Testimony was inconsistent with what he had declared before (at the Trial of the Lord Russel ) under the same Religious Obligation of an Oath, as if it had been legally ad- ministred.
Your Petitioner did further endeavour to shew, That besides the Absurdity and Incongruity of his Testimony, he being guilty of many Crimes which he did not pretend your Petitioner had any Knowledge of, and having no other Hope of Pardon, than
78 'W$t
flfliegtern
Stpartprologp.
by the Drudgery of swearing against him, he deserved not to be believed. And Similitude of Hands could be no Evidence, as was declared by the Lord Chief Justice Keiling, and the whole Court in the Lady Carr's Case ; so as that no Evidence at all remained against him.
That whosoever wrote those Papers, they were but a small Part of a Polemical Discourse in Answer to a Book written about Thirty Years ago, upon general Propositions, applied to no Time, nor any particular Case ; That it was impossible to
judge of any Part of unless the whole did appear, which did not That the Sense of such Parts of as were produced, could not be comprehended, unless the whole had been read, which was denied That the Ink and Paper sheweth them to be writ many Years ago That the Lord Howard not knowing of them, they could have no Concurrence with what your Petitioner said to have designed with him and others That the Confusion and Errors in the writing shewed they had never been so much as reviewed, and being written in an Hand that no Man could' well read, they were not fit for the Press, nor could be in some Years, though the Writer of them had intended which did not appear. But they being only the present crude and private Thoughts of Man, for the Exercise of his own Understanding in his Studies, and never shewed to any, or applied to any par ticular Case, could not fall under the Statute of 25 Ed. which takes Cognizance of no such Matter, and could not by Construc tion be brought under such Matters being thereby reserved to the Parliament, as declared in the Proviso, which he desired might be read, but was refused.
Several important Points of Law did hereupon emerge, upon which your Petitioner, knowing his own Weakness, did desire that Council might be heard, or they might be referred to be found specially. But all was over-ruled by the Violence of the Lord Chief Justice, and your Petitioner so frequently interrupted, that the whole Method of his Defence was broken, and he not suffered to say the Tenth Part of what he could have alledged in his Defence. So the Jury was hurried into a Verdict they did not understand.
Now, for as much as no Man that oppressed in England, can have Relief, unless be from your Majesty, your Petitioner
it
is it ;
it,
is
it
a
; ;
it, 3.
;
is
;
Algernon feftinep, (iftsq.
79
humbly prays, that the Premises considered, your Majesty would be pleased to admit him into your Presence ; and if he doth not shew, that 'tis for your Majesty's Interest and Honour to preserve him from the said Oppression, he will not complain though he be left to be destroyed.
An Abstract of the Paper delivered to the Sheriffs on
the Scaffold on Tower-Hill, December 7. 1683. Algernon Sidney, Esquire, before his Execution.
First having excused his not speaking, as well because it was an age that made Truth pass for Treason, for the Proof of which, he instances his Trial and Condemnation, and that the Ears of some present were too tender to hear as because of the Rigour of the Season, and his Infirmities, Sr>c.