Produced by David Garcia, Delphine Lettau, Brownfox and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images generously made available by The Internet Archive) STATE TRIALS _First impression, March 1899_ _Second impression, September 1899_ _All rights reserved_ [Illustration: William Lord Russell.] STATE TRIALS POLITICAL AND SOCIAL SELECTED AND EDITED BY H. L. STEPHEN IN TWO VOLUMES VOL. II [Illustration] LONDON DUCKWORTH AND CO 1899 Edinburgh: T. and A. CONSTABLE, Printers to Her Majesty CONTENTS PAGE LORD RUSSELL, 3 THE EARL OF WARWICK, 59 SPENCER COWPER AND OTHERS, 139 SAMUEL GOODERE AND OTHERS, 231 INDEX, 305 LORD RUSSELL Lord Russell's trial marks the moment in the latter part of Charles II.'s reign when his power reached its highest point. The Exclusion Bill was thrown out by the House of Lords in 1680, and though Stafford was tried and executed at the end of the year, the dissolution of the short-lived Oxford Parliament in April 1681 left the Country party, who had just acquired the name of Whigs, in a temporarily hopeless position. On the 2nd of July in the same year Shaftesbury was arrested on a charge of suborning witnesses in the Popish Plot, but the bill presented against him was thrown out by the Grand Jury, which had been packed in his favour by a friendly sheriff, and he was liberated in November. An unscrupulous exercise of the power of the Court led to North (brother of the Chief-Justice of the Common Pleas, soon to become Lord Keeper) and Rich being sworn in as sheriffs in June 1682, and Shaftesbury, no longer being able to rely on his City friends, retired into hiding and entered on the illegal practices described in Russell's trial. The security afforded to the opponents of the Court was further diminished in 1683 by the suppression of the charter of the City by a writ of Quo Warranto, which, although it was too late to have any effect on Russell's conduct, may help to justify it. The position of the Country party thus appeared desperate. The King had contrived to overcome all constitutional means of opposition; Shaftesbury's unscrupulous policy had alienated most of his natural adherents; his violent disposition made it impossible for his remaining followers to take advantage of the difficulties which the King was preparing for himself and his successor; and by anticipating the crisis of 1688, Shaftesbury, Essex, and Russell brought down destruction on themselves. Lord Russell was tried at the Old Bailey on the 13th of July 1683 before the Lord Chief-Justice, Sir Francis Pemberton,[1] the Lord Chief-Baron, Mr. William Montague, and nine other judges. There appeared for the prosecution the Attorney-General, Sir Robert Sawyer[2], the Solicitor-General, Mr. Finch[3], Serjeant Jeffreys[4], Mr. North[5].