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meeting could not be that day. Captain Walcot came, a few days afterwards, to Lord Howard, and told him Lord Shaftesbury had withdrawn, but did not doubt that they should hear from him soon; and that there would be a rising in about eight or ten days. This intelligence he communicated to the Duke of Monmouth; and the consequence was, that Lord Russell (so he was told) forced his way to Lord Shaftesbury, and persuaded him to put off the day of his rendezvous, which he consented to, on condition that they would be in readiness to raise the country about that day fortnight. The Duke of Monmouth observed, that, though they had now put it off, they must not be idle; for it would be impossible to hold off any longer. He had been at Wapping, and never saw brisker fellows. He had been round the Tower, and believed it easy to possess themselves of it; and added, that he had spoken to Mr. Trenchard to take particular care of Somersetshire; but that Mr. Trenchard turned so pale, he thought he would have fainted. The next day, the Duke of Monmouth said the rising was impossible; for he could not get the gentlemen of the country to stir yet.

Here Lord Russell interrupted Lord Howard, saying, he thought it very hard that so great part of the evidence was hearsay. The Attorney

General replied, "There is nothing against you; "but it's coming to you, if your lordship will "have patience, I assure you."

"Lord Howard continued.-He said, after this was put off, Captain Walcot came several times, and discoursed of it; and, about the 17th or 18th October, said they were positively determined to rise, and that a smart party might, perhaps, meet with some great men. This he (Lord H.) told the Duke of Monmouth, adding, he thought, from the intimation, there would be some attempt to kill the King. The Duke replied, "God-so! kill the King! I will never "suffer that." They then went in search of Sir Thomas Armstrong, and sent him up and down the city to put off the rising; and this was done with success: that, afterwards, being at dinner together, on the day the King came from Newmarket, from some insinuations that were made, great anxiety prevailed for his safety, until he arrived in town. Sir T. Armstrong, not being with them at dinner, was supposed to be of the party. The rising was then determined to take place on the 17th November, the anniversary of Queen Elizabeth; but a proclamation, forbidding public bonfires, without leave of the Lord Mayor, made an impression on their minds that their scheme was discovered, and they were again disappointed: that Lord Shaftes

bury being told this, took shipping, and got away, and had not been heard of by him until he was told of his death.

After this, they lay under the dread and apprehension of discovery, from having gone so far, and thought they had entrusted so many, that it was unsafe to retreat. They also considered it was necessary to have some general council, to manage so intricate an affair: they resolved, therefore, to form a little cabal, to consist of six persons, which were, the Duke of Monmouth, Lord Essex, Lord Russell, Algernon Sydney, Mr. Hampden, junior, and himself.

These persons met in the middle of January, at the house of Mr. Hampden, where it was de. bated which was the most proper place to commence the insurrection, whether in town or in the country; as also a proposition of the Duke of Monmouth, for having a common Bank of 25, or 30,000l. to answer any occasion; but the most material was, how they might draw Scotland in, to co-operate with them, as they thought it necessary that all the diversion possible should

be made.

The same persons had a meeting, about ten days afterwards, at Lord Russell's; when they came to a resolution to send messengers to Lord Argyle, and others, into Scotland, to invite

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

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