JEFFREYS--If my lord will call his witnesses----

LORD RUSSELL--This is tacking of two treasons together; here is

one in November by one witness, and then you bring in another

with a discourse of my lord Howard, and he says the discourse

passed for pleasure.

The Lord Chief-Justice and Jeffreys point out that it has been settled

that the two witnesses required in treason may be witnesses to different

acts, and that if Lord Russell admits the facts his counsel may be heard

on the point of law.

LORD CHIEF-JUSTICE--My lord, to hear your counsel concerning

this fact, that we cannot do, it was never done, nor will be

done. If your lordship doubts whether this fact is treason or

not, and desires your counsel may be heard to that, I will do

it.

SOLICITOR-GENERAL--Will your lordship please to call any

witness to the matter of fact?

LORD RUSSELL--It is very hard a man must lose his life upon

hearsay. Colonel Rumsey says he brought a message which I will

swear I never heard nor knew of. He does not say he spake to

me, or I gave him any answer. Mr. Sheppard remembers no such

thing; he was gone to and again. Here is but one witness, and

seven months ago.

ATTORNEY-GENERAL--My lord, if there is anything that is law,

you shall have it

LORD RUSSELL--My lord, colonel Rumsey, the other day before the

king [the information of Rumsey is signed by the Duke of

Abermarle and Sir Leoline Jenkins, Secretary of State] could

not say that I heard it, I was in the room, but I came in late,

they had been there a good while; I did not stay above a

quarter of an hour tasting sherry with Mr. Sheppard.

Here some of the judges desired that 25 Edw. III. c. 2 should be read,

which was done. The material parts of it declare 'that whereas divers

opinions have been before this time, in what case treason shall be said,

and in what not ... when a man doth compass or imagine the death of our

lord the king ... or if a man do levy war against our lord the king in

his realm, or be adherent to the king's enemies in his realm, giving to

them aid and comfort in the realm, or elsewhere, and thereof be

provable attainted of open deed by people of their condition,' it is

treason. On this the point of law is re-discussed with the same result

as before.

LORD RUSSELL--I do not know how to answer it. The points

methinks must be quite otherwise, that there should be two

witnesses to one thing at the same time.

ATTORNEY-GENERAL--Your lordship remembers, in my lord

Stafford's case, there was but one witness to one act in

England, and another to another in France.

LORD RUSSELL--It was to the same point.

ATTORNEY-GENERAL--To the general point, the lopping point.

LORD RUSSELL--I can prove I was out of town when one of these

meetings was; but Mr. Sheppard cannot recollect the day, for I

was out of town all that time. I never was but once at Mr.

Sheppard's and there was nothing undertaken of viewing the

guards while I was there. Col. Rumsey, can you swear

positively, that I heard the message, and gave any answer to

it?

LORD CHIEF-JUSTICE (to Col. Rumsey)--Sir, did my lord Russell

hear you when you delivered the message to the company? Were

they at the table, or where were they?

COLONEL RUMSEY--When I came in they were standing at the

fireside; but they all came from the fireside to hear what I

said.

LORD RUSSELL--Col. Rumsey was there when I came in.

COLONEL RUMSEY--No, my lord. The duke of Monmouth and my lord

Russell went away together; and my lord Grey, and sir Thomas

Armstrong.

LORD RUSSELL--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 anything; 'tis 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--My lord Anglesey, and Mr. Edward Howard.

My lord Anglesey stood up.

LORD CHIEF-JUSTICE--My lord Russell, what do you ask my lord

Anglesey?

LORD RUSSELL--To declare what my lord Howard told him about me,

since I was confined.

LORD ANGLESEY--My lord, I chanced to be in town the last week;

and hearing my lord of Bedford was in some distress and trouble

concerning the affliction of his son, I went to give him a

visit, being my old acquaintance, of some 53 years' standing, I

believe; for my lord and I were bred together at Maudlin

College in Oxon; I had not been there but a very little while,

and was ready to go away again, after I had done the good

office I came about; but my lord Howard came in, I don't know

whether he be here.

LORD HOWARD--Yes, here I am to serve your lordship.

LORD ANGLESEY--And sat down on the other side of my lord of

Bedford, and he began to comfort my lord; and the arguments he

used for his comfort, were, 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. I did not hear this only from my lord Howard's mouth,

but at my own home on the Monday after, for I used to go to

Totteridge for fresh air; I went down on Saturday, this

happened to be on Friday (my lord being here, I am glad, for he

cannot forget this discourse); and when I came to town on

Monday I understood that my lord Howard upon that very Sunday

had been church with my lady Chaworth. My lady has a chaplain

it seems that preaches there and does the offices of the

church; but my lady came to me in the evening. This I have from

my lady----

LORD CHIEF-JUSTICE--My lord, what you have from my lady is no

kind of evidence at all.

LORD ANGLESEY--I don't know what my lord is, I am acquainted

with none of the evidence, nor what hath been done; But my lady

Chaworth came to me, and acquainted me there was some

suspicion----

JEFFREYS--I don't think it fit for me to interrupt a person of

your honour, my lord, but your lordship knows in what place we

stand here: What you can say of anything you heard of my lord

Howard, we are willing to hear, but the other is not evidence.

As the court will not let us offer hearsays, so neither must we

that are for the king permit it.

LORD ANGLESEY--I have told you what happened in my hearing.

_Mr. Howard_ was then called, and after describing steps he took to

prevail on Lord Howard to come over to the King's side, when 'I

sometimes found my lord very forward and sometimes softened him'; and

continuing--

LORD CHIEF-JUSTICE--Pray apply yourself to the matter you are

called for.

MR. HOWARD--This it may be is to the matter, when you have

heard me: for I think I know where I am, and what I am to say.

LORD CHIEF-JUSTICE--We must desire you not to go on thus.

MR. HOWARD--I must satisfy the world, as well as I can, as to

myself, and my family, and pray do not interrupt me. After

this, my lord, there never passed a day for almost----

LORD CHIEF-JUSTICE--Pray speak to this matter.

HOWARD--Sir, I am coming to it.

LORD CHIEF-JUSTICE--Pray, Sir, be directed by the Court.

HOWARD--Then now, sir, I will come to the thing. Upon this

ground I had of my lord's kindness, I applied myself to my lord

in this present issue, on the breaking out of this Plot. My

lord, I thought certainly, as near as I could discern him (for

he took it upon his honour, his faith, and as much as if he had

taken an oath before a magistrate), that he knew nothing of any

man concerned in this business, and particularly of my lord

Russell, whom he vindicated with all the honour in the world.

My lord, it is true, was afraid of his own person, and as a

friend and a relation I concealed him in my own house, and I

did not think it was for such a conspiracy, but I thought he

was unwilling to go to the Tower for nothing again;[23] so

that if my lord has the same soul on Monday, that he had on

Sunday, this cannot be true, that he swears against my lord

Russell.

State Trials, Political and Social. Volume 2 (of 2) · 第 17 / 48 题