persons hither who were judged most able to understand the state of Scotland, and give an account of it. The persons agreed on were Sir John Cochrane, Lord Melville, and Sir Hugh Campbell.

Lord Howard then stated, that in consequence of this resolution, Col. Sydney told him he had dispatched Aaron Smith into Scotland, and given him 60 guineas for the journey: that, after this, they considered these meetings might have been observed, and they agreed not to meet until after the return of the messenger.

Attorney-General. "You are sure my Lord Russell was there ?".

Lord Howard. "Yes, Sir: I wish I could say he was not."

Attorney-General. "Did he sit there as a cypher? What did

my lord

say ",

Lord Howard. " Every one knows my Lord Russell is a person of great judgment, and not very lavish in discourse."

Lord Howard then proceeded to state, that the return of the messenger was in about six weeks; that he was then in Essex, and when he returned, he heard Sir John Cochrane had arrived in London. Soon after this, he went to Bath, and staid there five weeks; since he arrived in London was five weeks more, all which

time had been a perfect parenthesis; and more than this he knew not.

Lord Russell being now asked if he had any, questions to put to the witness, said, that the two times they met, it was "upon no formed design, only to talk of news, and things in general;" and that "Lord Howard was a man of a voluble tongue, talked very well, and they were delighted to hear him."

The messenger, Atterbury, was then sworn; who said he had Sir Hugh Campbell in custody, being taken with his son making their escape. from a woodmonger's house. The AttorneyGeneral then said he should call persons to prove that they looked upon these lords as their paymasters, and expected their assistance. Mr. West, Mr. Keeling, and Mr. Leigh, were called.

Mr. West was then sworn; he said, in answer to a question put to him by the Attorney-General, that Lord Russell was the person they most depended on, as he was a man of great sobriety. Lord Russell. "Can I hinder people from making use of my name? To have this brought to influence the gentlemen of the jury, and inflame them against me, is very

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"hard."

Serjeant Jeffries then said, that they had finished their case; and the Lord Chief Justice

addressing Lord Russell, stated the evidence of the witnesses against him, and that it was time for him to give his answer. Lord Russell, after some remarks on Colonel Rumsey's ingratitude to the King, which made him totally unworthy to be believed, asked upon what statute he was tried for by the 13th of Charles II., which makes it high treason to conspire to levy war, the prosecution must be brought on within six months. And by the 25th of Edward III. a design to levy war is not treason. The Attorney-General answered, that he was prosecuted on the 25th of Edward III., and that it had been often determined, that to prepare forces to fight against the King, is a design, within that statute, to kill the King.

Lord Russell said this was a matter of law. He also argued, that there was but one witness to the business of Sheppard's house, whereas by the law two were required; and he desired that counsel might be heard to argue these points for him. The Attorney-General and Chief Justice told him, that unless he would admit the fact, he could not have counsel to speak on the law. Lord Russell refused to admit the fact as proved; declared he was ready to swear he never heard Rumsey bring any message; that Rumsey had been in the room some time before he came;

and could not say before the King, some days before, that he had heard the message.

The Lord Chief Justice then desired to have the Act 25th Edward III. read. After the Act was read, Lord Russell again urged, that there should be two witnesses to one thing at the same time. He was answered, that in Lord Stafford's case there had been but one witness to one act in England, and another to one in France.

He then said, addressing himself to Rumsey, with respect to the meeting at Sheppard's: "The Duke of Monmouth and I came together, and you were standing at the chimney when I came in; you were there before me. My Lord Howard hath made a long narrative here of what he knew. I do not know when he made it, or when he did recollect any thing: it is but very lately that he did declare and protest to several people, that he knew nothing against me, nor of any plot I could in the least be questioned for."

Lord Chief Justice. "If you will have any witnesses called to that, you shall, my lord."

Lord Russell then called Lord Anglesey, who swore, that, being on a visit of condolence to the Earl of Bedford, Lord Howard came in for the same purpose, and said to Lord Bedford, "My

Lord, you are happy in having a wise son, and a worthy person, one that can never sure be in such a plot as this, or suspected for it; and that may give your lordship reason to expect a very good issue concerning him. I know nothing against him, or any body else, of such a barbarous design, and therefore your lordship may be comforted in it.'

وو

Mr. Howard, a relation of Lord Howard, and Dr. Burnet, gave evidence of Lord Howard's solemn denial of his knowledge of the plot. Lord Cavendish, and Dr. Cox, proved that Lord Russell had expressed an ill opinion of Colonel Rumsey, long before his own arrest. The Duke of Somerset, Lord Clifford, Mr. Gore, Dr. Tillotson, Dr. Burnet, and Dr. Fitzwilliams, spoke to the general excellence of Lord Russell's character. Dr. Tillotson said, "I have been many years last past acquainted with my Lord Russell. I always judged him a person of great virtue and integrity; and by all the conversation and discourse I ever had with him, I always took him to be a person very far from any such wicked design he stands charged with." This testimony is valuable, from the high reputation of the witness. The following is remarkable, from the emphatic energy of the expressions:- Mr. Gore said, "I have been acquainted with lord several years, and conversed much with him. I took him to

my