Howard then withdrew to Essex to see after some private affairs; on returning to town he heard that Smith had returned with Sir John Cochram but did not see them. He then went to Bath and had nothing more to do with the conspiracy.
Lord Chief-Justice—My lord Russell, now if your lordship pleases, is the time for you to ask him any questions.
Lord Russell—The most he hath said of me, my lord, is only hearsay; the two times we met, it was upon no formed design, only to talk of news, and talk of things in general.
Lord Chief-Justice—But I will tell you what it is he testifies, that comes nearest your lordship, that so you may consider of it, if you will ask any questions. He says after my lord Shaftesbury went off (all before is but inducement, as to anything that concerns your lordship, and does not particularly touch you; after his going away he says) the party concerned with my lord Shaftesbury did think fit to make choice of six persons to carry on the design of an insurrection or rising, as he calls it, in the kingdom; and that to that purpose, choice was made of the Duke of Monmouth, my lord of Essex, your lordship, my lord Howard, colonel Sidney, and Mr. Hambden.
Lord Russell—Pray my lord, not to interrupt you, by what party (I know no party) were they chosen?
Lord Howard—It is very true, we were not chosen by community, but did erect ourselves by mutual agreement, one with another, into this society.
Lord Russell—We were people that did meet very often.
Lord Chief-Justice—Will your lordship please to have any other questions asked of my lord Howard?
Lord Russell—He says it was a formed design, when we met about no such thing.
Lord Chief-Justice—He says that you did consult among yourselves, about the raising of men, and where the rising should be first, whether in the city of London, or in more foreign parts, that you had several debates concerning it; he does make mention of some of the duke of Monmouth's arguments for its being formed in places from the city; he says you did all agree, not to do anything further in it, till you had considered how to raise money and arms: and to engage the kingdom of Scotland in this business with you, that it was agreed among you that a messenger should be sent into the kingdom of Scotland. Thus far he goes upon his own knowledge, as he saith; what he says after, of sending a messenger, is by report only.