Serjeant Jeffries then asked Lord Russell "If he had any questions to ask the witness?" Το which he replied, "I have very few questions to "ask him, for I know little of the matter: for "it was the greatest accident in the world I "was there; and when I saw that company "was there, I would have been gone again. I "came there accidentally to speak with Mr.

66

Sheppard: I was just come to town; but "there was no discourse of surprising the guards, nor any undertaking of raising an "army."

66

Lord Chief Justice. "We will hear you to any thing by-and-by; but that which we now de"sire of your lordship is, as the witnesses come, "to know if you would have any particular "questions asked of them."

66

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Lord Russell. "I desire to know if I gave any answer to any message about the rising." Colonel Rumsey. "Yes; my Lord Russell did speak of it."

Lord Russell.

"the rising at

"How should I discourse of

Taunton, that knew not the place, nor had knowledge of Trenchard!" Mr. Sheppard, who was next sworn, stated, that in October last Mr. Ferguson came to him, and desired the conveniency of his house for the Duke of Monmouth, and some other persons of quality, to meet there, which was granted, and

in the evening the Duke of Monmouth, Lord Grey, Lord Russell, Sir Thomas Armstrong, Colonel Rumsey, and Mr. Ferguson came. Sir Thomas Armstrong desired no servants might be admitted he (Mr. S.) himself fetched wine, &c; that the substance of their discourse was, how they might surprise the King's guards, who were viewed for that purpose by the Duke of Monmouth, Lord Grey, and Sir T. Armstrong. The latter said they were very remiss, and not like soldiers.

Attorney-General. "How many meetings had you there ?"

Mr. Sheppard. "I remember but twice, Sir." Serjeant Jeffries. "Was my Lord Russell "there ?"

Mr. Sheppard.

66

Yes, Sir, as I remember He then proceeded to state, that a paper, in the nature of a declaration, was read, setting forth the grievances of the nation, in order to a rising, &c. &c. but he could not particularly remember the words.

Foreman of the Jury. "Can you say my Lord "Russell was there when that declaration was "read, as you call it ?"

Sheppard. "I can't say that."

Attorney-General. "But he was there when,

"they talked of seizing the guards ?"

Sheppard. "Yes, my lord was there then."

Lord Russell. "I never was at your house "but once, and there was no such design, as I "heard of. I desire that Mr. Sheppard may "recollect himself."

Sheppard.

Indeed, my lord, I can't be posi“tive in the times. My lord, I am sure, was "at one meeting."

Lord Chief Justice. "But was he at both ?" Sheppard. "I think so, but it was eight or "nine months ago, and I cannot be positive." Lord Russell. "I can prove I was then in the "country. Colonel Rumsey said there was but "one meeting."

Colonel Rumsey. "I do not remember I was "at two; if I was not, I heard Mr. Ferguson "relate the debates of the other meeting to my "Lord Shaftesbury."

Lord Russell. "Is it usual for the witnesses "to hear one another ?”

Lord Chief Justice. "I think your lordship "need not concern yourself about it; for I see "the witnesses are brought in one after ano"ther."

Lord Howard was then sworn: He said, that at the time of the long dispute in the city about the election of sheriffs, he was acquainted with Captain Walcot, and introduced him to Lord Shaftesbury, whose confidence he soon gained; that being acquainted with many persons in the

city, he entered into their counsels; that he afterwards came to him (Lord Howard), and told him, they were sensible all they had was going

One of the Jury.

"lord."

"We cannot hear you, my

Lord Howard. "There is an unhappy acci"dent happened, which hath sunk my voice : "I was but just now acquainted with the fate of 66 my Lord of Essex." Having thus shown his sensibility at the death of one of his victims, Lord Howard proceeded to take away the life of

another.

Captain Walcot, he continued, had told him they were sensible all their interest was going; and they were resolved to stop it, if possible: that divers preparations were making, and that, for himself, he was determined to embark in it, and, for that purpose, would send his son to dispose of his stock on his establishment in Ireland, to furnish money for the undertaking: that, soon after this, he (the witness) went to his estate in Essex; but that Captain Walcot and he carried on a correspondence in cant terms: that Captain Walcot acquainted him all was going on well, and requested him to be in town about the middle of September: that, being anxious to see the result of that great affair, the determination of the shrievalty, he came to

town on Michaelmas day. On the day following, Captain Walcot dined with him, and told him, Lord Shaftesbury had withdrawn from his own house, and secreted himself; that Lord S. desired much to see him, and had sent Captain Walcot to bring him to his place of concealment that he accordingly went, with Captain Walcot, to one Watson's house, in Wood-street, where he saw Lord Shaftesbury, who told him, he considered himself, and all honest men, unsafe, while the administration was in the hands of those who would accommodate all things to the Court that affairs were not ripe; and he did not doubt, with the assistance of those men he had in London, to be able to turn the tide that was ready to overflow. He complained of the unhandsome deportment of the Duke of Monmouth and Lord Russell, who had withdrawn from their engagements; for when he had got every thing ready in London, they said they were not so in the country; which he looked on only as an excuse, and expressed his determination to begin the work alone; he had 10,000 brisk boys, who, he said, would follow him whenever he held up his finger. The plan was to seize the gates, and, when their numbers had sufficiently increased, to sally out and possess themselves of Whitehall by beating the guards. He was certain of the success of this plan; but