can I doubt, but you will consider the witnesses as persons that hope to save their own lives, by their swearing to take away mine. "But to answer in short, what is laid to my charge, I do in the first place declare, that I have ever had a heart sincerely loyal and affectionate to the King and government, (which I look upon as the best of governments,) and have always as fervently wished and prayed for His Majesty's long life, as any man living. "And now to have it intimated, as if I were agreeing or abetting to his murder, (I must needs say,) is very hard; for I have ever looked upon the assassination of any private person as an abominable, barbarous, and inhuman thing, tending to the destruction of all society; how much more the assassination of a prince! which cannot enter into my thoughts without horror and detestation: especially considering him as my natural prince, and one upon whose death such dismal consequences are but too likely to ensue. An action so abominably wicked, rash, and inconsiderate, that none but desperate wretches, or mad men, could contrive. And can it be believed that, my circumstances, and the past actions of my life considered, I should be capable of being guilty of so horrid a design? Certainly it cannot. "As for going about to make or raise a rebellion; that, likewise, is a thing so wicked, and withal impracticable, that it never entered into my thoughts. Had I been disposed to it, I never found, by all my observation, that there was the least disposition or tendency to it in the people. And it is known, rebellion cannot be now made here, as in former times, by a few great men. "I have been always for preserving the go-vernment upon the due basis, and ancient foundation; and for having things redressed in a legal parliamentary way; always against all irregularities and innovations whatsoever; and so I shall be, I am sure, to my dying day, be it sooner or later." 1 have copied this speech from the original manuscript in Lord Russell's hand-writing; endorsed by Lady Russell, "My lord's own hand; concerns his trial." In the printed trial, the whole substance of the speech appears, but in two different places, p.p. 614. 625. Though evidently intended to be spoken altogether, he probably divided it for the sake of convenience at the time. In the printed speech there are also several omissions and mistakes. It begins with " mighty unfortunate," instead of " very unfortunate." "With what measure you mete, it shall be measured unto you," is left out, &c. And the just remark of Lord Russell, that a rebellion could not be then made as formerly by a few great men, is changed into "we have few great men." Dalrymple, always falling into blunders for the sake of effect, improves upon this. After mentioning how the audience received the The Solicitor-General then addressed the Court in favour of the prosecution. He was followed by Jeffries, who, alluding to Lord Essex, said, that had he not been conscious of his guilt, he would scarcely have brought himself to an untimely end to avoid the methods of public justice. The Lord Chief Justice, after summing up the evidence, told the jury, "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 it is a great evidence, (if my Lord Russell did design to seize the King's guards, and make an insurrection in introduction of Lady Russell to write for her lord, he says, “But when in his defence he said, 'There can be no rebellion now, as in former times, for there are now no great men left in England,' a pang of a different nature was felt by those who thought for the public." Had Lord Russell said such a thing, the pang felt must have been one of pity, for his want of judgment and propriety. a Dal. Mem. p. 90. 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, 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 as an evidence, and surely is in itself an evidence, to seize and destroy the King." The Court then adjourned till four o'clock; when the jury brought in their verdict of Guilty of the said High Treason. - CHAP. XVI. THE ILLEGAL CONSTRUCTION PUT ON THE 25 EDWARD III. PERJURY OF THE WITNESSES. LORD RUSSELL'S SENTENCE. ATTEMPTS MADE TO SAVE HIS LIFE.- - HIS PETITION TO THE KING, AND LETTER TO THE DUKE OF YORK. HIS REFUSAL TO ABJURE THE RIGHT OF RESISTANCE. Ir is by no means my intention to discuss at length the legal questions which are involved in the trial of Lord Russell. The first of these questions respects the competency of a jury not composed of freeholders: the second concerns the nature of his offence. By an Act of Henry V., no person is to serve on a jury, in capital cases, but freeholders to the amount of 40s. The crown lawyers argued, that this provision was repealed by the Act of the first of Queen Mary; but that Act merely repeals all laws creating treasons since the statute of Edward III., and does not at all interfere with the mode of trial. Lord Russell, therefore, was not legally tried. With respect to the second question, whoever will take the trouble to read the Act of the 25th Edward III., and look over the various prosecutions which have been brought under it, will |