Attorney-General.

"Yes, a servant."

Lord Chief Justice.

"Any of your servants

"shall assist in writing any thing you please."

Lord Chief Justice." If my lady please to give "herself the trouble."

The jury being then called, Lord Russell objected to Sir Andrew Forster as not being in the list. John Martin was next called, upon which Lord Russell asked if he was possessed of a freehold of forty shillings a year, adding, he hoped none would be allowed in the pannel but those who were freeholders, for by the statute of 2 Hen. V., it was enacted, that no person shall be judged, in cases of life and death, but by persons possessing freehold property to that

amount.

The Lord Chief Justice answered, that the city of London belonging much to nobility and gentry who live abroad, was an exception to this. Upon which Lord Russell requested, as it was a point of law, his counsel might be called in to argue it.

Mr. Pollexfen, Mr. Holt, and Mr. Ward, the counsel assigned to Lord Russell, were then called, and used many arguments to prove that no person could be a juryman in this case, who did not possess freehold property, in which

they were opposed by the Attorney and SolicitorGeneral. The Lord Chief Justice, the Lord Chief Baron, Mr. Baron Street, and the Justices Windham, Jones, Leving, and Withins, gave their opinions against Lord Russell. The Lord Chief Justice then delivered the opinion of the Court in the following words:

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હું My Lord, the Court is of opinion, upon hearing your Lordship's counsel, and the "King's, that it is no good challenge to a jury, "in case of treason, that he has not freehold "within the city. But I must tell your Lordship "withal, that your Lordship has nothing of hardship in this case, for notwithstanding that, "I must tell you that you will have as good a jury, and better than you should have had in "a county of 4l. or 40s. a-year freeholders. "The reason of the law for freeholds is, that no slight persons should be put upon a jury, "where the life of a man, or his estate, comes in

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question; but in the city, the persons that are impannelled are men of quality and substance, "men that have a great deal to lose. And there"fore your Lordship hath the same in substance, "as if a challenge was allowed in freehold. It "will be no kind of prejudice to your Lordship in this case. Therefore, if you please apply "yourself as the Jury is called, and make your exceptions if you shall make any."

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Upon calling over the names, Lord Russell challenged no less than one-and-thirty, a fact which can hardly be explained, but by supposing that some pains had been taken by his enemies in the selection.

Mr. North opened the case.

The Attorney-General then followed, and stated that he should prove by evidence, that Lord Russell, the Duke of Monmouth, Lord Grey, Sir Thomas Armstrong, and Mr. Ferguson, whom he called the council of state, were to give directions for a general rising throughout the kingdom. He observed this plot required persons of interest, prudence, and secrecy, to manage it that these gentlemen had frequent meetings for the purpose; the noble prisoner at the bar being mixed with the others, especially with Ferguson: that they had received several messages from Lord Shaftesbury, touching the general rising, and were looked upon and acknowledged, as the persons who were to conclude and settle the time, and all other circumstances attending it: that it seemed these gentlemen could not give the Earl of Shaftesbury satisfaction to his mind, having disappointed him on the day (the 17th of November) appointed for the rising, in consequence of an account that Mr. Trenchard, whom they depended on for a thousand foot, and two or

three hundred horse, had failed them, which gave Lord Shaftesbury great displeasure, and occasioned his and Mr. Ferguson's going away that to carry on the practice, Sir T. Armstrong and Lord Grey were left out of the council, and a new one of six persons was formed, consisting of the honourable prisoner at the bar, the Duke of Monmouth, Lord Howard, the Earl of Essex, (who he was sorry to say had that morning prevented the hand of justice on himself,) Colonel Sydney, and Mr. Hampden. These six had frequent consults; they debated in what manner they should make the rising; and Colonel Sydney dispatched Aaron Smith to invite Scotch commissioners to treat with these noble lords ; in consequence of which several persons came from Scotland for the purpose, who at first demanded 30,000l. then 10,000l. and at last fell to 50001., which they said they would take, and run all hazards; but the council not coming to their terms, the agreement broke off the week the plot was discovered. He concluded by saying he should proceed to call witnesses to prove these facts, which God had pleased to bring to light, with as plain an evidence as ever was heard.

The first witness sworn was Colonel Rumsey, who, on being desired by Serjeant Jeffries to disclose all he knew of the different meetings, and

the debates at those meetings, gave the following account:That late in October, or early in November, he was at Lord Shaftesbury's lodgings, down by Wapping, where that lord lay concealed, and was told by him there were met at one Mr. Sheppard's house, the Duke of Monmouth, Lord Russell, Lord Grey, Sir Thomas Armstrong, and Mr. Ferguson; that Lord Shaftesbury desired him to go to, and speak to them respecting the rising at Taunton; that he went accordingly, and was conducted by Mr. Sheppard to the room, where they were assembled; that in answer Mr. Ferguson told him, Mr. Trenchard had failed them, and nothing more could be done at that time; that during the time he was in the house, some conversation took place respecting a declaration, and there was a proposal made to seize the guards at the Savoy and Mews; and the Duke of Monmouth, Lord Grey, and Sir T. Armstrong, undertook to reconnoitre their position. The witness then repeated, at the desire of Jeffries, the message of Lord Shaftesbury, and Ferguson's answer.

Attorney-General. "Was the prisoner at the "bar present at that debate?"

Serjeant Jeffries. "Did you find the prisoner "averse or agreeing to it?"

Agreeing to it."