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Lord Howard of Escrick was captured in his house at Knightsbridge. He was found hid in a chimney, and few chimney-sweeps would have behaved so basely as he did. He trembled, sobbed, and wept; and when carried before the council he offered to confess in private to the king and the Duke of York. The secret audience was granted to the kneeling, puling caitiff, who would have sworn away the lives of all his kindred to save his own; and as soon as might be after this audience, not only Algernon Sidney and Hampden, but also the Earl of Essex were clapped up in the Tower. Essex might have escaped; but out of tenderness for his friend Russell he would not stir, lest his flight should incline the jury unfavourably. He was firm before the council, but this was followed by a confusion of manner, and in the Tower he fell under great depression of spirits. He was constitutionally a melancholy man, and the critical situation of himself and his best friends, and the closeness of his prison, and the memories about it, were sufficient to convert even a gay and sanguine man into a sad and hopeless one. He was confined in the same chamber or cell from which his father, the loyal Lord Capel, had been led to execution in 1649 by the Commonwealth men, and in which his wife's grandfather, the Earl of Northumberland, had either committed suicide or been murdered in the days of Elizabeth. Algernon Sidney preserved a sort of Roman fortitude and self-collectedness both in the council-chamber and in the Tower; he told Charles and his ministers that he would not answer their ensnaring questions; that they must seek evidence against him from some other man. Walcot, who had played away his life through a returning love of honour and fair fame; Rouse, who had only been saved by the Whig sheriffs and the London jury from being hanged like his friend College; and Hone, a joiner, were brought to trial; and upon the ela

that the conspirators had made up their minds to kill the loyal lord-mayor, the two Tory sheriffs, most of the judges, and some other men, and to stuff their skins and hang them up in Guildhall, Westminster Hall, the Parliament House, &c.; and that he (the deponent) and Rumsey had at last felt their hearts relent, and a strong inclination within them to turn informers. Being thus introduced by Lawyer West, Rumsey, an old soldier of fortune, surrendered himself, and desired that first he might be permitted to speak privately with the king and the Duke of York. After this private interview, in which it appears to have been arranged that he was not to accuse the Duke of Monmouth of any capital offence, Rumsey bore evidence against the late Lord Shaftesbury, Lord Russell, Trenchard, and most of the other persons already named by Keyling and West. But Colonel Rumsey, as well as those two witnesses, had his recollections and amplifications to get up at leisure. According to his "further information," the most treasonable discourses had been held, and desperate and traitorous plans adopted, in the house of one Shepherd, a wine-merchant, dwelling near Lombard Street, and that he himself had there met Lord Russell, Lord Grey, Ferguson, and others. Rumsey, in the greater part of this story, prevaricated most pitifully; but Shepherd was brought in to support his crazy evidence, and to swear expressly "against the grandees of the party." Yet Shepherd prevaricated as much as Rumsey. But as he swore pointblank and swore as much as the council wished, he was prized as one of the best witnesses. A proclamation was now issued for the apprehension of Monmouth, Russell, Grey, Armstrong, Walcot, and others. Monmouth immediately absconded showing in this as in all other cases a delicate regard for his own personal safety or comfort, and an ungenerous disregard for the safety of his friends. Lord Russell was taken into custody in his own house by a messenger. He was found neither pre-borated, yet still contradictory evidence of Rumparing for flight nor hiding himself, but sitting tranquilly in his study. It is said that as soon as he was in custody he despaired of his life, knowing how obnoxious he was to the vindictive Duke of York. He was hurried before the king and council. There every question put to him was a snare. After this examination he was committed to the Tower. Upon entering the dismal gate he said that the devil was loose; that he was sworn against, and that they would have his life. Lord Grey next appeared before the council, but instead of being sent forthwith to the Tower, he was permitted to lie for the night in the sergeant's house, and the sergeant being made drunk, or pretending to be so, he walked out of the house, took boat on the Thames, and found a vessel that carried him to Holland.

sey, Keyling, and West, they were condemned and executed as traitors. After their trial it was resolved to proceed with that of Lord Russell; and a Tory jury was selected by the Tory sheriffs and sworn, notwithstanding strong legal objections. To have tried Russell and Sidney together, or to have brought all the prisoners to one trial, would not have suited the ministers and men who were now distorting the law as they chose. No time was lost. Russell was brought to the Old Bailey bar on the 13th of July, for conspiring the death of the king, and consulting how to levy war against him. He desired that his trial might be postponed for a few hours, to allow time for the arrival of some necessary witnesses. "You," cried the attorney| general, "would not have allowed the king an

hour's notice for saving his life. The trial must proceed." Wishing to have notes of the evidence taken, he asked whether he might have somebody to write for him. The Chief-justice Pemberton said, "Any of your servants shall assist you in writing anything you please." "My lord," said Russell, "my wife is here to do it." And when the spectators turned their eyes and beheld the devoted lady, the daughter of the virtuous Earl of Southampton, rising up to assist her lord in this his uttermost distress, a thrill of anguish ran through the assembly. Rumsey swore that Russell had been present at Shepherd's, the wine-merchant, when the grandees were proposing to surprise the king's guards, &c.

LORD WILLIAM RUSSELL From a print by Vanderbank, after Kneller. Shepherd swore like Rumsey. The third and fatal witness was the infamous Howard. Though his own relative, Russell had always regarded this man with distrust and aversion; but the scoundrel had captivated Algernon Sidney with enthusiastic professions of republicanism; Sidney had introduced him to Lord Essex; and, through the representations of Essex and Sidney, Russell's objections had been removed, and Howard had been admitted to those secret meetings which Shaftesbury had first called together. Now, as a witness at the bar of the Old Bailey, the ignoble Howard began to improve upon the deposition he had made before the king and council; adding fresh circumstances, or speaking confidently of what he had before expressed doubtingly; but he had not proceeded far when his colour changed, and his voice faltered so much that the jury said they could not hear his words. Then Howard, much agitated, announced the horrible fact. "There is," said he, an unhappy accident which

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has sunk my voice: I was but just now acquainted with the fate of my Lord Essex." Instantly a murmur ran through the court that the noble Essex had committed suicide. At an early hour on this same morning, the king and the Duke of York took a fancy to visit the Tower, where, it is said, they had not been for several years before. It is represented by some narrators of these events, that they were led thither by an unmanly desire of seeing Lord Russell pass to his certain death-sentence; but, whatever was their motive, thither they went: and after staying there some time, as they were leaving the Tower to go back to their barge, a cry followed them that my Lord Essex had killed himself. According to the Tories, the news of the dismal event came into the court of justice as the air at the doors, and neither direct nor indirect use of it was made to affect the prisoner at the bar: but the Whigs maintained that the news was studiously brought in at a fixed moment; and there is unquestionable evidence to prove that the lawyers made all the use they could of the incident to the great prejudice of the prisoner. The attorney-general said it was quite clear that Essex had murdered himself to escape the hands of justice; and Jeffreys, who was one of the counsel for the crown, said more words to the same effect. This was infamous enough and this was and is certain: but the Whigs made a bold plunge into the depths of uncertainty, and at once whispered that the Earl of Essex had been foully murdered by the procurement of the king and the Duke of York; and, in defiance of the exertions made on the other side, this belief gained ground among the people. It appears to us that the strongest presumptive evidence that the king and the duke had nothing to do with the murder, is to be found in the fact of their both being in the Tower when Essex died. If they could have resorted to such an assassination, they would hardly have chosen to be on the very spot when the deed was done. There are, however, circumstances of mystery in the horrible story, and these have not been cleared up by the royalist Evelyn, who says:-"The astonishing news was brought to us of the Earl of Essex having cut his throat, having been but three days a prisoner in the Tower, and this happening on the very day and instant that Lord Russell was on his trial and had sentence of death. This accident exceedingly amazed me, my Lord Essex being so well known by me to be a person of such sober and religious deportment, so well at his ease, and so much obliged to the king. It is certain the king and duke were at the Tower, and passed by his window about the same time this morning when my lord, asking for a razor, shut himself into a closet, and perpetrated the horrid act.

Yet it was wondered by some how it was

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possible he should do it in the manner he was found, for the wound was so deep and wide, that, being cut through the gullet, windpipe, and both the jugulars, it reached to the very vertebræ of the neck, so that the head held to it by a very little skin, as it were; the gapping, too, of the razor, and cutting his own fingers, was a little strange: but more, that, having passed the jugulars, he should have strength to proceed so far, that an executioner could hardly have done more with an axe. There were odd reflections on it. This fatal news, coming to Hick's Hall upon the article of my Lord Russell's trial, was said to have had no little influence on the jury, and all the bench, to his prejudice. Others said that he had himself, on some occasions, hinted that, in case he should be in danger of having his life taken from him by any public misfortune, those who thirsted for his estates should miss of their aim; and that he should speak favourably of that Earl of Northumberland and some others who made away with themselves; but these are discourses so unlike his sober and prudent conversation, that I have no inclination to credit them. What might instigate him to this devil- | ish fact I am unable to conjecture. My Lord Clarendon, his brother-in-law, who was with him but the day before, assured me he was then very cheerful, and declared it to be the effect of his innocence and loyalty; and most people believe that his majesty had no severe intentions against him, though he was altogether inexorable as to Lord Russell and some of the rest."

But to return to Lord Russell. So soon as he had recovered from the shock his nerves had sustained, Howard went on to swear away the life of his kinsman. The prisoner acknowledged that he had been present at some political meetings in the city, but insisted that the company had met upon no fixed design. West, the fluent lawyer, was called upon to satisfy the court that Lord Russell was certainly the lord the conspirators had most depended upon. The prisoner objected to the witnesses, that they swore against him to save their own lives. Before the jury withdrew, Russell said to them, “Gentlemen, I am now in your hands eternally-my honour, my life, my all; and I hope the heats and animosities that are among you will not so bias you as to make you inclined to find an innocent man guilty. I call heaven and earth to witness, that I never had a design against the king's life. I am in your hands, so God direct you." But the jury soon brought in a verdict of guilty; and Treby, recorder of London, who had formerly been an exclusionist, and who had been deeply engaged with Lord Shaftesbury in most of the city schemes and plots, pronounced the horrible sentence of death for high treason.

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Many efforts were made to obtain the royal pardon; but the heart of Charles was so set upon Russell's destruction, that he was proof even to £100,000, which were offered to him by his lordship's father, the Duke of Bedford, through the French mistress, the Duchess of Portsmouth. After this, nothing, surely, was to be hoped from prayers, petitions, and letters. Yet Russell himself petitioned, by letter, both the king and the Duke of York. When there remained no other chance, his friend, Lord Cavendish, offered to manage his escape by changing clothes, and remaining, at all hazards to himself, in his place; but Russell nobly refused, and prepared to die with Christian piety. He considered himself a much happier man than Howard, who had purchased a few years of life and ignominy by betraying his friends; and, when he had taken leave of his high-minded wife, he said, "Now the bitterness of death is past." The morning after this parting-on the 21st of July-he was led to the scaffold, which was not erected upon Tower - hill, but in Lincoln's Inn Fields, "in order that the citizens might be humbled by the spectacle of their once triumphant leader carried in his coach to death through the city." In passing, he looked at Southampton House, the paternal home of his lady; and the sight brought a few tears to his eyes. He was attended by Tillotson and Burnet; and while Tillotson prayed, Burnet held the pen to record his lordship's last words. These words were few, and were addressed to Sheriff Rich, who superintended the execution, though he had once been an anti-courtier, and had voted with Russell for the exclusion. His lordship said, that, because he had never loved much speaking, and could not expect now to be well heard, he had set down in a paper (which he handed to the sheriff) all that he thought proper to leave behind him. He prayed, embraced the two divines, and, without any visible change of countenance, laid himself down and fitted his neck to the block. Like Lord Stafford, he refused to give the sign to the executioner, who chose his own moment, and severed his neck with two or three clumsy strokes. The execution was scarcely over when every corner of the town rang with Russell's last paper,' which he had delivered to the sheriff in manuscript, but which was already in print and in circulation through the industry of Lady Russell, and probably of Burnet, who is more than suspected of having had a principal hand in its composition. His lordship said, or was made to say (for ourselves, we believe all that is contained in the first clauses to have been his real sentiments), that he

"His speech," says Burnet, was so soon printed, that it was selling about the streets an hour after his death; upon which the court was highly inflamed."

the established religion, would have sanctioned every stretch of arbitrary power, published its decree in support of passive obedience and of the right of kings to govern wrong without resistance or challenge from their suffering subjects.

In Trinity Term, when the court was making as much of the Rye House Plot as ever its opponents had made of the Popish Plot, judgment was given against the city of London; and, in the following month of September, the king was allowed to regulate the government of the city, changing the old aldermen and officers, and appointing new ones at his pleasure. Eight aldermen were deprived at once of the honours they had received by election of their fellow-citizens, and "were all turned out for lying under the horrid suspicion of loving their country better than king." On the 7th of September Algernon Sidney was brought to trial at the bar of the King's

had lived and now died a true and sincere Protestant, and in the communion of the Church of England, "though he could never yet comply with, or rise up to all the heights of many people;" that, for Popery, he looked upon it as an idolatrous and bloody religion, and therefore thought himself bound, in his station, to do all he could against it; that he had foreseen all along that this would procure him great and powerful enemies; that he had been for some time expecting the worst, and now blessed God he was to fall by the axe, and not by the fiery trial; that, whatever had been his apprehensions of Popery, he never had a thought of doing anything against it basely or inhumanly, or that did not consist with the Christian religion, and the laws and liberties of the kingdom; that he appealed to Almighty God for the truth of this; that he had ever proceeded sincerely without passion, private ends, or malice; that he had always loved his country much more than his life, and had always looked upon the constitution as one of the best governments in the world; and that he would have suffered any extremity rather than have consented to any design to take the king's life. After praying for the king, and wishing that he might be indeed the defender of the faith, the paper went on to explain his conduct in regard to the Popish Plot-the darkest stain on the character of Russell. We believe his assertions; but that belief must be coupled with, and made dependent upon, rather a low estimate of his intellect and penetration. "As for the share I had in the prosecution of the Popish Plot, I take God to witness that I proceeded in it in the sincerity of my heart, being then really convinced, as I am still, that there was a conspiracy against the king, the nation, and the Protestant religion. And I likewise profess that I never knew anything, either directly or indirectly, of any underhand practice with the witnesses, which I look upon as so horrid a thing that I could never have endured it; for, I thank God, falsehood and cruelty were never in my nature." He then proceeded to justify his conduct about the bill of exclusion. After praying God not to lay his death to the charge of the king's council, or the judges, sheriffs, or jury, and expressing pity for the witnesses, he added, "From the time of choosing the sheriffs, I concluded the heats would produce something of this kind; and I am not much surprised to find it fall upon me."1

On the same memorable 21st of July, when Russell perished and this paper was printed, the university of Oxford, which, with a saving of

It ought never to be forgotten that Russell, though he intrigued with the French court, is never charged with taking French money, like Sidney. Barillon, indeed, tells his master that he durst not make his base proposals to his lordship.

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ALGERNON SIDNEY.-From Lodge's Portraits. Bench, where Jeffreys now presided as chiefjustice. This bravo in law mounted the ladder of promotion by wonderfully rapid strides; but he seemed made for despotism and its particular exigencies at that time, and he had nerve and face to "go thorough," to undertake and drive to a conclusion of some sort any work the court might wish to be done by law. He was, in fact, as unflinching, as confident, and, in outward bearing, as heroic, in the performance of villainy and in breaking the laws as was ever upright judge in upholding them. He was as bold with the law-books and statutes as Charles's other personal favourite, Colonel Blood, was with pistols, and daggers, and dark-lanterns. Hence

2 Jeffreys' manners had not improved under promotion. According to Burnet, he "was drunk every day." Roger North

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on this occasion Jeffreys, who knew that there would be a stir in court, charged himself with the office. Sidney said, in arrest of judgment, that he conceived that he had had no trial, for some of his jury were not freeholders; that there was a material defect in the indictment, which made it absolutely void, for the king was deprived of a title in it, the words "Defender of the Faith" being left out. The chief - justice exclaimed, "In that you would deprive the king of his life, that is in very full, I think." The prisoner rejoined that, in a case of life and death, such things were not to be overruled so easily. "Mr. Sidney," roared Jeffreys, we very well understand our duty; we don't need be told by you what our duty is: we tell you nothing but law; the treason is well laid." The prisoner again insisted that the papers had not been proved upon him-that there was no treason in that manuscript written long ago. The chiefjustice insisted that there was scarcely a line in the book but what was treason. The prisoner said, "My lord, there is one person I did not know where to find, but everybody knows where to find him now; I mean the Duke of Monmouth; let him be sent for, and if he will say there was ever any such plot, I will acknowledge whatever you please." "That is over," cried Jeffreys; "you have been tried for this fact: we must not send for the Duke of Monmouth." One Mr. Bampfield, a barrister, interposed, modestly and timidly, as amicus curia, and humbly hoped his lordship would not proceed to judgment while there was so material a defect in the indictment. "There remains nothing for the court to do," bellowed Jeffreys, "but to pass sentence." "I must appeal to God and the world I am not heard," said Sidney. "Appeal to whom you will," said Jeffreys, who then, after reproaching the prisoner with ingratitude to the king, and censuring the pamphlet anew, sonorously pronounced the horrible words. As soon as he had finished, the prisoner said, with a loud and firm voice,

Jeffreys was prized and promoted. The nerve of that otherwise weak republican, Algernon Sidney, was well known; and it was fitting to oppose to him a man with nerve equal to his own. As in Lord Russell's case, Rumsey, Keyling, and West gave little more than a rambling hearsay evidence, and the death-thrusts were left to be dealt by the hand of the noble Howard, whom Sidney had taken to his heart as a pure republican, and had forced upon the unwilling confidence of Essex and Russell. When Howard had stated what he knew of Sidney's conduct at the meetings at Shepherd's, and his engaging an agent to deal with the disaffected in Scotland, the prisoner was demanded whether he would ask Lord Howard any questions. "No!" said he, with withering scorn, "I have no questions to ask such as him!" Several other witnesses proved words spoken, and that the prisoner had corresponded with some gentleman in Scotland; but, with the exception of Lord Howard, there was no living witness that both could and would swear to overt acts of treason. In no sense was this single witness enough to take away life for treason; and, to make up weight, the attorney said" Now to show that while his emissary was in Scotland, at the same time the prisoner (which will be another overt act of treason) was writing a treasonable pamphlet;" and he then called the clerk of the council to prove that when he was sent to seize Sidney's papers, he had found the said pamphlet lying upon his table. Sidney urged that the mere comparison of handwriting was not to be trusted, and that some men's hands might be very much alike. But this objection was overruled; and then, to prove the treasonableness of the manuscript, a selected section was read in court, and, by the torture of inuendoes, was made to apply to the particular reign of Charles II., though it might have answered equally well for that of Henry VIII. Jeffreys surpassed himself, all the crown lawyers were bolder and more virulent than they had been, and the trial of Algernon Sidney was by" Then, O God! O God! I beseech thee to sancmany degrees more lawless than that of Lord Russell. My Lord Chief-justice Jeffreys told the Tory jury that the evidence before them was quite sufficient, that scribere est agere; and the jury brought in a verdict of guilty.

On the 26th of November, the prisoner was brought up to receive judgment. It was not the usage for the chief-justice to pass sentence; but

says, "His friendship and conversation lay much among the good fellows and humourists; and his delights were all the

extravagancies of the bottle. His weakness was, that he could not reprehend without scolding, and in such Billingsgate Language as should not come out of the mouth of any man. He called it giving a lick with the rough side of his tongue. He seemed to lay nothing of his business to heart, nor care what he did or left undone."

VOL. II.

tify my sufferings, and impute not my blood to the country or the city: let no inquisition be made for it; but, if any day the shedding of blood that is innocent must be revenged, let the weight of it fall only on those that maliciously persecute me for righteousness' sake." The chief-justice, half enraged and half confounded, thought himself obliged to put up his prayer also, which he did in these words:-"I pray God to work in you a temper fit to go unto the other world, for I see you are not fit for this." "My lord," replied Sidney, stretching out his arm, "feel my pulse, and see if I am disordered. I bless God I never was in better temper than I am now." Sidney afterwards sent a paper to the king by Lord

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