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 5000l., 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 Judge 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 ?”

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Colonel Rumsey. "Yes."

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

Colonel Rumsey. "Agreeing to it."

Serjeant Jeffries then asked Lord Russell" If he had any questions to ask the witness?" To 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

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was there; and when I saw that company "was there, I would have been gone again. I વડ came there accidentally to speak with Mr. Sheppard: I was just come to town; but "there was no discourse of surprising the guards, nor any undertaking of raising an army."

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."

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. "How should I discourse of "the rising at 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. "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."