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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 circumstancesattending 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 oi; ‘three hundred horse,’ had failedthem, which gaveLord 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 pre_. vented 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 Syd

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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 J efl'ries, the message of Lord Shaftesbury, and Ferguson’s answer.

Attorney-General. “ Was the prisoner at the “ bar present at that debate P”

Colonel Ramsey. “ Yes.”

Serjeant Jqfiries. “ Did you find the prisoner “ averse, or agreeing to it ?”

Colonel Rumsqy. “ Agreeing to it.”


Serjeant Jefi'ries 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

“‘ was there; and when I saw that company “ was there, I would have been gone again. I “ 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 Ramsey. “ 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

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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, I &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 ‘F you there?”

Mr. Sheppard. “ I remember but twice, Sir.”

Serjeant Jeflpries. “- Was my Lord Russell “ there i”

Mr. Sheppard. “ Yes, Sir, as I remember—” ,

He then proceeded to state, thata paper, in the nature of a declaration, was read, setting forth the grievances of the nation, in order to a rising, 8:0. 8:0. 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. i‘ they talked of seizing the guards P”

Sheppard. ‘f Yes, my lord was there, then.?’,-

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