pur

county of Middlesex, of which he challenged 35 peremptorily: there were many of the nobility and gentry to hear his trial. The witnesses against him were Mr. Keeling, who gave an account of the general conspiracy only; then against him more particularly were colonel Rumsey and the late lord Grey, and one Sexton. Colonel Rumsey swore as to several discourses he had with the prisoner about his seizing the king as he went to the parliament house, or as he came from Newmarket, that he would provide twenty men for it, and furnish (as small an estate as he had) five thousand pounds towards carrying on the insurrection. The lord Grey gave a very handsome account of the Plot in general; then as to the prisoner that his post was in Cheshire, that he was to secure the fort in Chester, of which he had heard him discourse with sir Thomas Armstrong* several times; that at a meeting at the George and Vulture in the city, where several were met, we had a discourse of the insurrection intended; and upon the whole be never saw one so forward for a rebellion, who had not the courage to rise when there was an opportunity. Thomas Sextont testified the prisoner should tell him over a pot of ale that they intended, (since this king came to the crown) to set up Monmouth, and therefore they did intend to rise, and for that pose writ a letter to Monmouth, which the prisoner shew'd me, and I saw it after in Monmouth's hand in the west, when he landed. Now the prisoner's defence consisted: 1. Of objections against the witnesses; as to Keeling's evidence, he said, that touch'd him not, but he did believe as much as any one the general conspiracy: as to Rumsey, he objected why he had not discover'd this sooner; whereas he had been in prison formerly and came out, none of this being objected against him: then he proved by two or three lords that Rumsey had sworn differently at Mr. Cornish's trial, than what he did at the lord Russell's, as to the meeting at Shepherd's about the declaration, this very fully: then as to the lord Grey, he objected he was outlaw'd for treason, so could be no witness; but this the court held was salv'd by a pardon which his lordship had: then against Saxton, he protested he knew him not, nor was ever with him, objecting how unlikely it was he should communicate such matters to so mean and inconsiderable a fellow, and with whom he had no acquaintance; but beside the evidence he gave could not be taken notice of on this indictment, for that was for treason against the late king, and his evidence went only as to his present majesty. Then he produced several noblemen and gentlemen, who gave an ac. count of the loyalty of his father and himself, that he had a very mean opinion of Monmouth; and that when Monmouth landed in the west,

* See his Case, p. 106, of this volume.

See in this Collection, the Case of lord Delamere, A.D. 1685.

he offered his life and fortune to his present majesty, and had the honour to kiss his hand; which being done, the jury withdrew for about half an hour, and then returned and found the defendant Guilty.

"Nov. 28. The lord Brandon came up and had sentence past upon him, as usual, in cases of treason, and that he should be executed on Friday next.

"Jan. 1687. The lord Brandon (who was some time since convicted of high treason) was lately bailed out of the Tower by order from the king.

"Oct. 24th, being the 1st day of the Term, the lord Brandon Gerard pleaded at the King'sbench bar his majesty's pardon for his attainder of treason.

"Nov. 26. The lord Brandon appeared in the Court of King's-bench, and delivered into court his Writ of Error to reverse his attainder, which his majesty had been pleased to grant him, and accordingly it was revers'd, the attorney general consenting thereto.

"April 18, 1689. The earl of Macclesfield hath revers'd his outlawry in the Court of King's-bench."

Of James's lenity to lord Brandon, sir John Reresby says, "The king, as if he had a mind to shew us his disposition for clemency, declared he had reprieved the lord Brandon, who was to have been executed three days afterwards, which it must be owned was a great act of mercy in his majesty, this lord having been pardoned in the late reign for breaking a boy's neck, when he was in his cups, of which, being convicted, he was condemned as guilty of murther." Memoirs, 222.

alludes, I know nothing more. Of the Trial for Murder to which Reresby The following indictment is printed in Tremaine, 39 ;

REX versus COMIT. MACKLESFEild.

Hill. 4. Jacobi Secundi.

SS. Quod Carolus Comes Macklesfeild nup' de, &c. existen' p'son' seditiosa et prave mentis necnon impie inquiete turbulent' factiose et seditiose disposition' ac machinans practicans et falso malitiose illicite nequit' injuste et seditiose intendens pacem Dom' Caroli Secundi nup' Regis Angl' &c. ac communem tranquillitatem hujus, Regni Angl' inquietare molestare et p'turbare et sedition' et rebellion' infra hoc Regn' Angl' suscitare movere et p'curare ac gubernation' dict' nup' Dom' Regis in hoc Regn' Angl' in pericul' inferre Quodq; pred' C. Comes Macklesfield ad nequissimas nefandissimas et seditiosas intention' suas pred❜ perimplend' perficiend' et ad effectum redigend 30 die Maii Anno Regni Caroli Secundi nup' Regis, &c., 35 et diversis al' diebus et vicibus tam antea quam postea Vi et Armis, &c. apud paroch', &c. falso illicite injuste nequit' malitiose factiose et seditiose se assemblabat conveniebat consultabat et confederabat cum Ford

nup' Dom' Grey et diversis al' maledisposit' p'son. p'fat' Attorn' dict' Dom' Regis nunc general adhuc incognit' et cum eisdem person' adtunc et ibid' tractabat de eisdem suis nefandissimis et seditiosis compassation' imagination' et proposit' p'implend' p'ficiend' et ad effectum redigend' Et quod p'd' C. C. M. ulterius ad nequissimas nefandissimas et seditiosas machination' practication' et intention' suas p'd' p'implend' p'ficiend' et ad effectum redigend' adtunc et ibidem scilt. dicto 30 die Maii Anno, &c. et diversis al' diebus et vicibus tam antea quam postea apud paroch', &c. Vi et Armis, &c. falso illicite injuste nequit' malitiose factiose et seditiose consultabat consentiebat conspirabat et confederabat cum pred' Ford Dom' Grey et diversis al' male disposit' person' de insurrection' et rebellion' infra hoc Regn'

Anglie fiend' et de p'curation' et p'vision' armor' et hominum armator' p'parandor' in diversis locis infra hoc Regn' Angl' ad easdem nefandissimas et seditiosas intention' compassation' et p'posita sua pred' perimplend' perficiend' et ad effectu' redigend' Quodq; pred' C. C. M. ulterius ad nequissimas nefandissimas seditiosas et diabolicas machination' practication' et intension' suas pred' perimplend' perficiend' et ad effectum redigend' postea scilt' dicto 30 Maii Anno, &c. apud, &c. falso illicite injuste nequit' factiose et seditiose sup' se assumpsit et pred' male disposit' ignot' p'misit se fore assistent' et p'sonalit' Auxiliant' ad easdem nequissimas nefandissimas et seditiosas intention' et compassation' suas p'd' perimplend' et p'movend' in contemptum legum &c. in malum exemplum, &c. Ac contra pacem, &c.