State Trials, Political and Social. Volume 2 (of 2)
History
State Trials, Political and Social. Volume 2 (of 2)
Trials -- Great Britain
My lord excepts to these witnesses, because they are concerned,
by their own shewing, in this design. If there were any, I did
direct (some of you might hear me) yesterday, that that was no
sufficient exception against a man's being an evidence in the
case of treason, that he himself was concerned in it; they are
the most proper persons to be evidence, none being able to
detect such counsels but them. You have heard my lord Russell's
witnesses that he hath brought concerning them, and concerning
his own integrity and course of life, how it has been sober and
civil, with a great respect to religion, as these gentlemen do
all testify. Now the question before you will be, Whether upon
this whole matter you do believe my lord Russell had any design
upon the king's life, to destroy the king, or take away his
life, for that is the material part here. It is used and given
you (by the king's counsel) as an evidence of this, that he did
conspire to raise an insurrection, and to cause a rising of the
people, to make as it were a rebellion within the nation, and
to surprise the king's guards, which, say they, can have no
other end, but to seize and destroy the king; and 'tis a great
evidence (if my lord Russell did design to seize the king's
guards, and make an insurrection in the kingdom) of a design to
surprise the king's person. It must be left to you upon the
whole matter: you have not evidence in this case as there was
in the other matter that was tried in the morning or
yesterday,[29] against the conspirators to kill the king at the
Rye. There was a direct evidence of a consult to kill the king,
that is not given you in this case: This is an act of
contriving rebellion, and an insurrection within the kingdom,
and to seize his guards, which is urged an evidence, and surely
is in itself an evidence, to seize and destroy the king.
Upon this whole matter, this is left to you. If you believe the
prisoner at the bar to have conspired the death of the king
and in order to that, to have had these consults, that these
witnesses speak of, then you must find him guilty of this
treason that is laid to his charge.
Then the Court adjourned till four o'clock in the afternoon,
when the Jury brought the said Lord Russell in guilty of the
said High Treason.
On July 14th Lord Russell was brought up before the Recorder for
sentence, and, demanding to have the indictment read, pleaded that no
intention to kill the King had been proved. The Recorder, however,
pointed out that the point had already been taken, and that he was bound
by the verdict of the jury. He then condemned the prisoner in the usual
way to be drawn, hanged, and quartered. This sentence was commuted to
beheading, and was carried out on 21st July.
Public-domain text, read in full here on John Shaqi.
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