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Lord Howard. These were to acquaint us how they found Scotland tempered, and what opportunities or advantages there were or might be of putting them into a commotion, and how men might be raised, and how they would fall under Argyll, and also to keep time and place with us. After this, I was with Colonel Sydney when he was going to London, and he did take out several guineas, I can't tell how much it was, I suppose they might be about sixty, and put them into his pocket (and set me down at his lodg ing) which he said were to give Aaron Smith; whether he gave it or no, I don't know; and after that he

was sent.

Mr. Att. Gen. Who told you so ?

Lord Howard. Colonel Sydney, for I was inquiring of him; and he said, he had not heard of him in three weeks, or but once, when he was about Newcastle. After this, I had occasions that called me into the country, and there I was. Some time after that, I went to the Bath: and this is all the account I can give.

Mr. Sol. Gen. Do you know that Aaron Smith did go?

Lord Howard. I know nothing but by hearsay. Colonel Sydney told me he was gone, and was upon the road, and he heard from him about Newcastle.

L. C. J. Did you understand by the discourse

after he was gone, that he went in pursuance of that debate?

Lord Howard. Yes, my lord, that was the whole end of his going.

that gentle.

Mr. Just. Wythins. I think you say, man (speaking of Col. Sydney) undertook to send him?

Lord Howard. Yes, he did.

L. C. J. Will you ask him any questions?

Col. Sydney. I have no questions to ask him.

Mr. Att. Gen. Silence.... You know the proverb. The next step is to shew you, my lord, that these persons came up immediately after Aaron Smith went down thither; and, according to that which was said to be the shadow and pretence of their coming hither, they pretended they came about Carolina business. Sir Andrew Foster and Mr. Blathwaite. [Sir Andrew Foster sworn.]

Mr. Att. Gen. Pray, sir, give an account what Scotch gentlemen came up lately.

Sir A. Foster. My lord, about the end of the spring, or beginning of summer, as I remember, these gentlemen, Sir John Cockram, and commissary Monro, and the two Campbells, father and son, came

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up hither. I did not see the father at all, but I saw the son the day of the lord Russel's trial; but the other two I think I saw a little before the discovery of the plot.

Mr. Att. Gen. What did they pretend they came about?

Sir A. Foster.

They pretended they came to make a purchase in Carolina, and I saw their commission from the persons said to be concerned in that design.

L. C. J. Who do you speak of?

Sir A. Foster. Sir John Cockram and commissary Monro.

Mr. Att. Gen. As soon as the rumour came of the plot, what became of those gentlemen?

Sir A. Foster. Sir John Cockram absconded, but commissary Monro never absconded, and the Campbells I heard were seized changing their lodging from place to place. [Mr. Atterbury sworn.]

Mr. Att. Gen. Mr. Atterbury, will you give my lord and the jury an account what you know of these Scotchmen, their absconding and lying hid.

Mr. Atterbury. My lord, upon the latter end of June, or beginning of July; the beginning of July it

was; I was sent for into London upon a discovery of some Scotch gentlemen that lay about Black-Friars; and when I came down there, there was the common sergeant, and some others, had been before me, and found them making an escape into a boat.

Mr. Att. Gen. Who were they?

Mr. Atterbury.

Sir Hugh Campbell, and Sir

John Cockram, and one that was committed to the Gate-house by the council, as soon as brought thither.

Mr. Att. Gen. We shall end here, my lord. How long had they been in town?

Mr. Atterbury. They had been in town some little time.

Mr. Att. Gen. We have done with this piece of our evidence. Now to shew that while this emissary was in Scotland, at the same time the Colonel (which will be another overt act of the treason) was writing a treasonable pamphlet, I will call you the witnesses. It is all of his own writing. [Sir Philip Lloyd sworn.]

Mr. Att. Gen. Sir Philip Lloyd, pray will you look upon those papers, and give my lord and the jury an account where you found them?

Sir Philip Lloyd. I had a warrant, my lord, from the secretary by the king and council, to seize Mr.

Algernon Sydney's papers; and, pursuant to it, I did go to his house, and such as I found there I put up. I found a great many upon the table, amongst which were these: I suppose it is where he usually writes. I put them in a pillow-bier I borrowed in the house, and that in a trunk. I desired Colonel Sydney would put his seal upon them, that there should be no mistake. He refused: so I took my seal and sealed up the trunk, and it was carried before me to Mr. Secretary Jenkins' office. When the committee sat, I was commanded to undo the trunk, and I did so, and found my own seal upon it. And I took the papers out of the bag I put them into before.

L. C. J. Was Colonel Sydney present when you seized these papers?

Sir P. Lloyd. Yes.

Mr. Att. Gen. Are these some of those papers ?

Sir P. Lloyd. Yes, I verily believe it.

Mr. Att. Gen. In the next place, I think we have some papers of his particular affairs which will prove his hand. Call Mr. Sheppard, Mr. Cooke, and Mr. Cary.

Mr. North. Sir Philip Lloyd, when were they seized?

Sir P. Lloyd. Towards the latter end of June, my lord.

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