King then and there Trayterously assembled met and consulted and the same wicked Treasons and Trayterous compasses imaginations and purposes aforesaid then and there to the said John Booth and other persons to the Jury unknown in the hearing of divers Liege Subjects of our Soveraign Lord the King then and there present openly publickly maliciously trayterously and advisedly did say and declare and to perswade and induce the said John Booth to be aiding and assisting in his said Treasons Compasses Imaginations and Purposes he the said Anthony Earl of Shaftsbury as a false Traytor maliciously advisedly and trayterously the said 18th day of March in the Three and thirtieth year of the Reign of our said Soveraign Lord the King at the Parish and Ward aforesaid within the City of London aforesaid falsly advisedly subtilly maliciously and trayterously said asserted and declared That in a short time the Parliament was to sit at Oxford and that he the said Anthony Earl of Shaftsbury had inspected the Elections and considered the inclinations and dispositions of the generality of the Members of Parliament Elected and that he the said Anthony Earl of Shaftsbury was satisfied that the Parliament would insist upon three Matters to wit The Bill of Exclusion against the Duke of York the Abolishing the Act of Parliament of the 35th of Queen Elizabeth and the passing of a New Bill for Vniting Protestant Dissenters with divers other good and wholesome Bills To which he the said Anthony Earl of Shaftsbury was certain that the Kings Majesty would refuse to give his Royal Assent and therefore he the said Anthony Earl of Shaftsbury did expect that there would be a Division between the Kings Majesty and the Parliament and that many Noble Lords and Worthy Members of the lower House did concur in the same Opinion and they were resolved to insist upon the Passing of those Bills And if the Kings Majesty refused that they meaning him the said Anthony Earl of Shaftsbury and the said Noble Lords and Worthy Members had provided strength to compel the Kings Majesty to Grant thereunto And that for his part he the said Anthony Earl of Shaftsbury had provided stout men to be Commanded by Captain Wilkinson meaning one Henry Wilkinson one of the Subjects of our said now Soveraign Lord the King of which he the said Anthony Earl of Shaftsbury had agreed that the said John Booth should be one And further The Jurors aforesaid upon their Oath do say That the aforesaid Anthony Earl of Shaftsbury his said wicked Treasons and Trayterous Imaginations to fulfill perfect and bring to effect afterwards to wit the said Eighteenth day of March in the Thirty-third year of his said now Majesties Reign in the Parish and Ward aforesaid within the City of London aforesaid as a false Traytor in the presence and hearing of divers Liege People of our said Soveraign Lord the King then and there present openly and publickly falsly maliciously advisedly and traiterously said asserted published and with a loud voice declared That our said now Lord the King was a Man of no Faith and that there was no trust in him and that our said Lord the King deserved to be deposed as well as Richard the Second late King of England deserved And further The Jurors aforesaid upon their Oath do say That the said Anthony Earl of Shaftsbury his said wicked Treasons and traiterous Imaginations aforesaid to be fulfilled and perfected and brought to effect the said 18th day of March in the Three and thirtieth year of his said now Majesty's Reign in the Parish and Ward aforesaid in the City of London aforesaid as a false Traytor in the presence and hearing of divers Liege Subjects of our said Lord the King then and there present openly and publickly falsly maliciously advisedly and traiterously said asserted published and with a loud voice declared That he the said Anthony Earl of Shaftsbury would never desist until he had brought this Kingdom of England into a Commonwealth without a King and that the said Anthony Earl of Shaftsbury and all those that him the said Anthony Earl of Shaftsbury would assist and he knew many that would assist him the said Anthony Earl of Shaftsbury would make England a Commonwealth as Holland was And that he the said Anthony Earl of Shaftsbury and other Traytors unknown would live as in Holland and that he our said Lord the King and all his Family should be rooted out And further The Jurors aforesaid do say That the said Anthony Earl of Shaftsbury his said wicked Treasons and traiterous Imaginations aforesaid to be fulfilled perfected and brought to effect afterwards the said 18th day of March in the Three and thirtieth year of his said now Majesty's Reign in the Parish and Ward aforesaid in the City of London aforesaid as a false Traytor in the presence and hearing of divers Liege Subjects of our said Soveraign Lord the King then and there present openly publickly falsly maliciously advisedly and traiterously said asserted published and with a loud voice declared That our now Soveraign Lord the King was a Man of an unfaithful Heart and not worthy to be trusted and not fit to Rule and Govern being false unjust and cruel to his People and if he would not be governed by his People that they meaning him the said Anthony Earl of Shaftsbury and other Traytors to the Jurors unknown our said Soveraign Lord the King would depose against his Allegiance and Duty and against the Peace of our said Soveraign Lord the King his Crown and Dignity c. and against the form of the Statute in such case made and provided c. Sir Fr. Withens Gentlemen of the Jury This is an Indictment against the Earl of Shaftsbury I shall not trouble you to open the Indictment because the Evidence will be somewhat long I shall only tell you which way we shall go L. C. J. North. I do not know whether you desire the Witnesses should be Examin'd apart do you desire that Gentlemen L. C. J. If you do desire it Gentlemen they shall for Mr. Sheriff hath nothing to do with it but if you do desire it you shall have the Witnesses call'd one at a time and all the rest shall be put out of the Court. Jury My Lord It is our desire L. C. J. We did deny it to Mr. Sheriff because we are to keep Men within their Duty Here it is not his Duty to meddle with any thing of this nature Foreman My Lord We desire we may have a List of their Names and that they may be put apart that they may not hear what one another say Sir Fr. Withens My Lord There is one part I would open L. C. J. There is no need for it at all You shall have their Names told you as they are call'd Mr. Harrison My Lord We pray we may have a List of their Names L. C. J. If you desire it you may have it but it will be no advantage for you
of these Witnesses stand indicted or no. L. C. J. Look ye Gentlemen don't talk of this but consider with your selves an Examination or Proofs concerning the Credibility of the Witnesses is not properly before you at this time for I must tell you and inform you as to that you are not to Examine properly here concerning the Credibility of the Witnesses that is not to be proved or controverted here before you that is Matter upon a Trial by the Petty Jury for there the King will be heard for to defend the Credit of his Witnesses if there be any thing that can be objected against them it is proper for the Prisoner to do that you are only to see whether the Statute be satisfied in having Matter that is Treasonable and having it witnessed by two Men by two Witnesses who are intended prima facie Credible unless you of your own knowledge know the contrary for otherwise you must consider what a disadvantage this would be in all such Cases if the Credibility of the Witnesses should be examined before the Grand Jury where the King is not present nor in a possibility of defending the Credit of his Witnesses the Prisoner or the Party Indicted is not here that is a proper Objection when he comes upon his Trial for all men are intended Credible till there are Objections against them and till their Credits come to be examined on one side and the other Mr. Papillon My Lord if your Lordship thinks good I will beg this I desire your Lordships pardon whether your Lordship doth not think that we are within the compass of our own Understanding and Consciences to give our Judgment L. C. J. Your own Understandings and Consciences yes but look ye Gentlemen Mr. Papillon If we are not left to consider the Credibility of the Witnesses we cannot satisfie our Consciences L. C. J. Look ye Gentlemen you are to go according to the Evidence of the Witnesses you are to consider of the Case according to the things alledged and proved unless you know any thing your selves But if any of you know any thing of your own knowledge that you ought to take into Consideration no doubt of it Jury Very well my Lord. L. C. J. The Grand Jury are to hear nothing but the Evidence against the Prisoner therefore for you to enter into proofs or expect any here concerning the Credit of the Witnesses it is impossible for you to do Justice at that rate The Jury withdrew and the Court adjourn'd till 3 a Clock L. C. J. Let the Witnesses be brought in one by one Foreman We will first ask a Question of Mr. Gwynn Mr. Gwynn Foreman Who put up the Papers Mr. Gwynn I put up the Papers my self Foreman Who went in with you Mr. Gwynn None but my Lords Servants I think were there But I put up the Papers my self Foreman Pray Sir whose hand writing is that Paper of Mr. Gwynn Indeed Sir I can't tell Foreman How did it come into my Lord Shaftbury's Closet Mr. Gwynn My Lord this is a strange Question Indeed Sir I can't tell all the Papers that I found in that Closet I put into that Bag. L. C. J. To satisfie the Jury was the Paper in the Closet before you came there Mr. Gwynn My Lord it was certainly â—â—â—re for there I found it I don't know the particular Paper but all the Papers in that Bag were there L. C. J. From whom had you the Key Mr. Gwynn From my Lord Shaftsbury Foreman Don't you know Sir there was a Discourse in the Parliament of an Association Mr. Gwynn Sir I was not of the last Parliament Sir I know nothing of it Foreman You have not heard then that there was such a thing in Parliament concerning an Association Mr. Gwynn I have heard of an Association talked of Foreman Mr. Secretary I would ask you some questions if you did not know of a Debate in Parliament of an Association Mr. Secretary I was not present at the Debate but there was a talk in Town of an Association Foreman Did not you hear of it in Parliament Mr. Secretary Indeed there was an Answer to a Message from the House of Commons that had some thing in it that did strongly imply an Association but this particular Association I do not remember to have heard propos'd Foreman Don't you remember in the House of Commons Sir it was read upon occasion of that Bill Mr. Secretary I heard such a thing spoke of but at the Reading of it I was not present to the best of my remembrance Foreman What Date Sir was the Warrant for my Lord Shaftbury's Commitment Mr. Secretary I refer my self to the Warrant for that I do'nt know the Date L. C. J. Mr. Secretary you must speak about the time that it was Mr. Secretary Sir I was the man that had the honour to Sign that Warrant by which the Serjeant at Arms did Apprehend my Lord Shaftsbury but what day of the Month I do not remember and therefore I refer my self if you please to the Warrant and to the Serjeant at Arms. Foreman What Month was it Mr. Secretary Sir Foreman About what Month Mr. Secretary July Foreman The beginning of July Mr. Secretary Sir I do not remember the day precisely for I did not foresee that Question would be asked me but I refer my self to the Warrant and that is beyond all doubt Foreman I suppose all these Witnesses that are examin'd were examin'd before the Committee Mr. Secretary Sir They were examin'd and I was present at the Examination Foreman All of them Mr. Secretary I don't know whether all of them but I am sure I was at the Examination of several of them Foreman How many Sir Mr. Secretary I can't tell truly how many Foreman Call Mr. Booth Officer He is not here the Tipstaff has him some where Foreman Is that Witness a Prisoner L. C. J. Booth is a Prisoner Foreman Then call Mr. Turbervile Mr. Papilion Is Mr. Turbervile there Officer Here is Mr. Booth come now Mr. Godfrey Put Turbervile out again Foreman Mr. Booth you told me of a Discourse that past between the Lord Shaftsbury and your self we desire to know where it was and when Mr. Booth It was in Thanet-house Sir where he lived about a week or Ten days before the Parliament sat at Oxford Foreman The precise time Mr. Booth I cannot be more precise Foreman Who introduced you Mr. Booth I think one Mr. Wilson led me into the Chamber Foreman Who was present when the Discourse was Mr. Booth None but He and I Sir L. C. J. If we have these Noyses we will have every one of you put out of Court Mr. Att. General Richardson Richardson Pray turn them all out they are brought in on purpose Mr. Booth It was not the first second nor third time that I had waited upon the Lord of Shaftsbury Foreman In what Room was it that my Lord spake those words to you Mr. Booth It was in
it to Mr. Secretary Jenkins therefore if you please Mr. Secretary Jenkins you shall be Sworn whether that Paper was delivered to you by Mr. Blaithwait because we would clear it as we go whether that be the Paper was delivered to Mr. Secretary Jenkins by Mr. Blaithwait I pray Sir was that the Paper that Mr. Blathwait did deliver into your hands Mr. Sec. Jenkins My Lord this is the Paper this Paper was delivered into my hands by Mr. Blathwait in the Council-Chamber I cannot say that this numerical Paper was taken out of the Velvet Bag but there were a great many Papers taken out of it and I having the honor to be at the Examination of the Papers this was ordered to be put and was put into my hands with nine Papers more L. C. J. Was it out of your hands Mr. Sec. Jenkins It was out of my hands for upon Monday last I took out the nine Papers intrusted with me and this tenth out of my Desk and caused my Servant to mark them by numbers Then I Sealed up these Papers and sent them to Mr. Graham Mr. Graham brought them back again to me without any alteration whatsoever then I put this tenth Paper into the hands of Mr. Blathwait again All the while it was in my hands it was under Lock and Key and none of my Servants saw it but the time it was Numbred and no manner of alteration was made in this or any other of the nine Papers Lord Chief-Justice Now it appears this was the Paper taken in my Lord Shaftsbury's Closet Then this Paper was Read as followeth WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuits with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the True Protestant Religion as a pestilent Heresie to take away the Life of our Gracious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly encouraged by the Countenance and Protection given and procured for them by J. D. of Y. and by their Expectations of his Succeeding to the Crown and that through crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependents upon him by his bestowing Offices and Preferments both in Church and State It appearing also to us That by his Influence Mercenary Forces have been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the danger had not been timely foreseen by several Parliaments and part of those Forces with great difficulty caused by them to be disbanded at the Kingdoms great Expence And it being evident that notwithstanding all the continual endeavours of the Parliament to deliver his Majesty from the Councils and out of the Power of the said D. yet his Interest in the Ministry of State and others have been so prevalent that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies and ill Ministers of State their Assistants And that the said D. in order to reduce all into his own power hath procured the Garrisons the Army and Ammunition and all the power of the Seas and Soldiery and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents even in opposition to the Advice and Order of the last Parliament And as we considering with heavy Hearts how greatly the Strength Reputation and Treasure of the Kingdom both at Sea and Land is Wasted and Consumed and lost by the intricate expensive management of these wicked destructive Designs and finding the same Councils after exemplary Justice upon some of the Conspirators to be still pursued with the utmost devilish Malice and desire of Revenge whereby his Majesty is in continual hazard of being Murdered to make way for the said D.'s Advancement to the Crown and the whole Kingdom in such case is destitute of all Security of their Religion Laws Estates and Liberty sad experience in the Case Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince We have therefore endeavoured in a Parliamentary way by a Bill for the purpose to Bar and Exclude the said Duke from the Succession to the Crown and to Banish him for ever out of these Kingdoms of England and Ireland But the first means of the King and Kingdoms Safety being utterly rejected and we left almost in Despair of obtaining any real and effectual security and knowing our selves to be intrusted to Advise and Act for the preservation of His Majesty and the Kingdom and being persuaded in our Consciences that the dangers aforesaid are so eminent and pressing that there ought to be no delay of the best means that are in our power to secure the Kingdom against them We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn aad sacred promise of mutual Defence and Assistance in the preservation of the true Protestant Religion His Majesties Person and Royal State and our Laws Liberties and Properties and we hold it our bounden Duty to joyn our selves for the same intent in a Declaration of our Vnited Affections and Resolutions in the Form insuing I A. B. Do in the presence of God solemnly Promise Uow and Protest to maintain and defend to the utmost of my Power with my Person and Estate the true Protestant Religion against Popery and all Popish Superstition Idolatry or Innovation and all those who do or shall endeavour to spread or advance it within this Kingdom I will also as far as in me lies Maintain and Defend His Majesties Royal Person and Estate as also the Power and Priviledg of Parliaments the lawful Rights and Liberties of the Subject against all Incroachments and Usurpation of Arbitrary power whatsoever and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were Raised to Advance it and are still kept up in and about the City of London to the great Amazement and Terror of all the good People of the Land Moreover J. D. of Y. having publickly professed and owned the Popish Religion and notoriously given Life and Birth to the Damnable and Hellish Plots of the Papists against his Majesties Person the Protestant Religion and the Government of this Kingdom I will never consent that the said J. D. of Y. or any other who is or hath been a Papist or any ways adher'd to the Papists in their wicked Designs be admitted to the Succession of the Crown of England But by all lawful means and by force of Arms if need so require according to my Abilities will oppose him and endeavour to Subdue Expel and
Lord Shaftsbury's own mouth Sir Fr. Withins Had you any other discourse with my Lord Shaftsbury Booth I say I made three or four Visits between Christmass and March and we had discourse every time particularly about the Kings person and if the King did refuse these motions that then these men were to be taken from him and he repell'd with a greater force and be brought to it by force Sir Fr. Withins Did you ever make any solicitation to any to make this Discovery Booth Thus far I did and I will tell you the whole matter in that point there was one Walter Banes an acquaintance of mine and I found that he had at Wilkinson's request engaged himself in some business that one Brownrig an Attorney in Yorkshire had writ to him about concerning some men that were to Swear against my Lord Shaftsbury I asked Mr. Banes what men these were he said he thought they were Irish-men I said I don't know what Conversation in that nature my Lord Shaftsbury might have with Irish-men for I know none of them but I am satisfied that he had Conversation tending to these ends that you speak of with some English-men and that I know This Mr. Banes did take particular notice of and he was very frequently upon me to tell him what the matter was and I gave him some intimation of it Truly 't was very much upon my spirit and I could not tell whether I was able to carry it through or not or had better to let it alone as it was in silence but discoursing still more with him and at the result of that discourse we had by degrees I did give him some intimation of it And after that upon second thoughts I took a resolution to discover it and when I did discover it I do here in the presence of God declare that no mortal did know any thing of what I had to say in reference to the King nor did I make any more applications in the world but took Pen Ink and Paper and writ it down and sealed it under a Cover and sent it to the Council Sir Fr. Withins Gentlemen of the Jury would you ask him any Questions Mr. Papillon The Jury told your Lordship before that after all had been examin'd they would consider what Questions L. C. J. Where would you have these Witnesses that have been examined to stand Mr. Papillon We leave it to the Sheriffs to appoint a place for them Lord Chief Justice To keep them apart it 's utterly impossible for we must have as many Rooms then as there are Witnesses Jury Let one man keep with them L. C. J. Empty that place where they were the last time and let them stand there Edward Turberville Sir Francis Withins Mr. Turberville have you had any discourse with my Lord Shaftsbury Turberville Yes several times In February last I am not positive in the time but about the beginning of the Month I waited upon my Lord Shaftsbury about some moneys I waited upon him to have his Advice how I might come by 't and to gain my Lord Shaftsbury's Letter in my behalf to the President of the Council to stand my friend and he said there was little good to be had from the King as long as his Guards were about him for were it not for his Guards we would quickly go down to Whitehal and obtain what terms we thought fit Said I my Lord I suppose his Guards can't defend him from the whole Kingdom His Lordship said That the Rabble were all of that side especially the People about Wapping and Aldersgate-street and the Rich men of the City would Vote for Elections but they could not expect they should stand by them in case there should be any Disturbance for they valued their Riches more than their Cause And at Oxford I heard my Lord say again He wonder'd the people of England should stickle so much about Religion and that if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. Sanders Had you any other discourse with him at any other time Master Turberville I told you all that is material that I can say to it John Smith Mr. Smith My Lord I only beg a word or two from your Lordship of some reflections cast upon me L. C. J. Go to your Evidence Mr. Smith My Lord this is something to my Evidence L. C. J. You may take another time for that Mr. Smith My Lord it hath been reported about in Coffee-houses and Taverns that I should Swear there was a general Design against his Majesty and that I Swore it before the King and Secretary of State and that I also Swore it at the Tryal of Mr. College and Mr. Rowse I take it upon my Oath I never Swore any such thing neither can I Swear there was a General Design by the City or the Parliament against the King Lord Chief Justice Speak what discourse you have had with my Lord Shaftsbury Mr. Smith My Lord I suppose it is past all doubt that I have been very often with my Lord Shaftsbury and I have often in his discourse observed that he spake very irreverently and slightly of the King sometimes saying he was a Weak man and sometimes saying he was an Inconstant man a Man of no firm or settled Resolution and a Man that was easily led by the Nose as his Father was before him by a Popish Queen which was the Ruine of his Father This was both in publick and in private I have also observed sometimes in his discourse something that he mention'd of the Earl of Essex and that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill man himself but got over the Earl of Essex too This the Earl of Shaftsbury declar'd publickly in his own house Another story was of the Rebellion of Scotland That the King should say that the Earl of Shaftsbury was the chief Promoter of that Rebellion and when this was told my Lord Shaftsbury that he should send word back again to the King I am glad says he that the King sees not his own Danger nor what he runs himself into and pray tell him that if I were to raise a Rebellion I could raise anotherguess Rebellion than the Rebellion was in Scotland But now as to the particular points I am to charge him with I remember my Lord that my Lord Shaftsbury sent for me one time and that by one Manly sometimes they call him Major Manly sometimes Captain Manly and this man found me at Mr. Bethel's Club in Newgate-street at the Queens Arms and there he told me my Lord Shaftsbury would speak with me that night I immediately left the Club and went to my Lord Shaftsbury's and I was introduc'd into the Dining Room where there were two Gentlemen in discourse with my Lord and as soon as he saw me he askt me how I did I told him I was very
Before Mr. Papilion VVho did you make it to Mr. Dennis I made my information to the Secretary of State Mr. Papilion VVhich of them Mr. Dennis Secretary Jenkins Mr. Papil VVhy did you conceal it so long Mr. Den. Because I was in the City so long Mr. Papil Did you ever go about to muster your 400. men you had in Ireland I ask you whether you did or no Mr. Den. Upon my word I did advise some of them to be ready Mr. Papil And did you provide them with Arms Mr. Den. Not I Sir I was not able to do it Mr. Papil VVhat Religion are you of Mr. Den. I am a Protestant Mr. Papil How long have you been a Protestant Mr. Den. I have been a Protestant since Febr. last And this I must confess that when I was in Spain and France my resolution was to be a Protestant Mr. Godfrey Mr. Dennis pray who was in the Room when you were there Mr. Den. The Earl of Shaftsbury Sir Mr. Godfrey VVho else Mr. Den. Mr. Sheppard Mr. Godfrey VVho else Mr. Den. I cannot name them L. C. J. Mr. Godfrey when another man asks a question you should consider what is said and not ask the same question over and over again Mr. Papil In what place in his house Mr. Den. In his own Chamber in the great Chamber I do not know whether you call it the Hall or the Parlour Mr. Papil VVas it above stairs Mr. Den. Yes it was above stairs my Lord does not use to speak with any below stairs Mr. Papil Is this all that you know have you heard my Lord say any treasonable words in any other place or at any other time Mr. Den. In the long Gallery in his own house at another time Mr. Papil VVhy did not you say so before Mr. Den. I did say so before in the long Gallery he told me he would have a Common-wealth in England and extirpate the Crown of England and the King of England Mr. Papil Is that all speak all your knowledge Mr. Den. He said we should all Irish-men conform our selves to a Common-wealth and by that we should get our Estates again Mr. Papil I ask you if this is all you have to say L. C. J. Do you remember any more Mr. Papil More than you said in the Morning Mr. Den. He said he would extirpate the King and make England a Common-wealth and that we were fools and silly folks that did not comply our selves to their factious party and that we should get our Estates and that he would get me a black Gown and a Benefice in the mean time and when all things were done he would prefer me to a better and not only my self but all that were of my name and would stick to me Mr. Papil Is this all Mr. Den. This is all Mr. Papil Then you have nothing more Mr. Den. I never spake to him but in his own house Mr. Papil All your Kindred are Papists are not they Mr. Den. No Sir I cannot say so but most of them are L. C. J. North VVho can say that that question no body can answer L. C. J. Look ye Gentlemen now you have asked these questions you had best go and consider what evidence is delivered and weigh well all those things that have been said to you and you must consider your duty you are to enquire here whether it be fitting for the King to call my Lord Shaftsbury to question upon this account of treasonable words Mr. Papil My Lord we desire before we go that either the Law may be read or we may have the Statute-book up with us L. C. J. The Statute-book was never denyed but you shall have the Law read here First the Statute of the 25th of Edward the Third and then this last Statute L. C. J. North I would say one thing because I observe that some of you asked the question whether the Parliament did not debate about an Association whether it related to that Paper or no I am not certain I hope you will consider that Paper well for my part I must needs say for my self I heard of it but I never heard it read before and never heard the contents of it but it seems to me to show what those Officers were to do for the ends of this Association and one of those ends as I remember Gentlemen I refer you to the Paper and hope you will consider it you are men of understanding I thought that one of those ends was to destroy the mercenary forces in and about the Cities of London and Westminster and that the Government was to be by the major part of the Members of Parliament in the sitting of Parliament not with the King but the major part of the Members of Parliament Gentlemen I may mistake for I profess I speak only out of memory but it seems to me to be of great consequence and there is great matter to be presumed upon it it being found under Lock and Key in his Study but I suppose my Lord Shaftsbury may give an account of it but there is great presumption upon it it doth not import to be an Association by Act of Parliament Mr. At. Gen. VVhen the Parliament was prorogued or dissolved then the major part of the Members in each County engage themselves to follow their Command and obey their Order L. C. J. North Gentlemen I hope you will consider your Oaths and give all things their due weight L. C. J. VVill you have the Statute read Jury VVe will read it above The Jury withdrew to Consider the Evidence and returned the Bill Ignoramus upon which the People fell a hollowing and shouting Mr. At. Gen. My Lord let it be Recorded this hollowing and hooping in a Court of Justice THE END
the Room he usually sets in on the left hand as we come out of the long Gallery I think we pass'd through a Room before it Wainscotted about as I remember and hung I have been in that Room with him four or five times I am sure Foreman After this Discourse with you how long was it before you spake of it to any body else Mr. Booth Truly I think I did not publish this Discourse that my Lord and I had from the time it was till within this Seven or Eight weeks Foreman You were never examined before then as a Witness Mr. Booth No Sir I never was nor no body will pretend it I suppose Foreman To whom Sir did you give your first Information Mr. Booth Sir I sent my first Information in writing to the Lords in the Council Foreman By whose hand Mr. Booth By the hand of Walter Banes Foreman You had several Discourses with him Had you easie Admission or was it with difficulty you came into his Company Mr. Booth I was admitted by the influence of Captain Wilkinson at first and ever after went with him and had easie admittance and familiarity with him Foreman Was he with you every time Mr. Booth No not every time he was not this time with me Foreman Did he talk to this purpose every time Mr. Booth Something to this purpose he did talk every time but not so fully for I was first acquainted with this Business of Oxford by Captain Wilkinson and I had a great desire to understand it from my Lords own mouth because I would be satisfied in my Lord's Interest as well as his Conduct Foreman Pray Sir what Education have you had Mr. Booth I have had the Education of a Gentleman an Academical Education Foreman Were you ever in Orders Mr. Booth Yes Foreman Do you own your self to be in Orders still Mr. Booth How do you mean to be in Orders I tell you I was in Orders but I am not now Benificed Foreman Do you officiate as a Minister Mr. Booth No. Foreman Were you ever an Attorney's Clerk Mr. Booth Never Foreman Or a Justice's Clerk Mr. Booth Never nor to no Mortal Foreman Were you ever Indicted for any Felony L. C. J. That is a Question not to be asked by any Jury-man of any Witness whatsoever No man is bound to discover any thing of that Nature that is Criminal concerning himself Foreman If it be pardoned my Lord he may L. C. J. Pardoned or not pardoned he is not bound to accuse himself nor to fix a Scandal on himself Mr. Booth No my Lord Nemo tenetur seipsum prodere L. C. J. Sir we must not suffer such Questions I will tell you the reason It is proper for a Prisoner that stands upon his Justification to object it but then the Prisoner must prove it It lies upon him to prove it Mr. Papilion Mr. Booth you told us of Fifty men that were Listed under Captain Wilkinson Do you know any more of them Mr. Booth I never directly conversed with any other Mr. Papilion Did you know any more of them Mr. Booth No not directly I did not but only by Captain Wilkinson's Information Mr. Papilion How many Stories was that Room where you talked with my Lord Mr. Booth One pair of Stairs as I remember Mr. Godfrey Was it the right hand as you came in Mr. Booth I think so Mr. Godfrey Was it the right hand or the left Mr. Booth I went into the long Gallery first and stayed there about a quarter or half an hour and I remember very well I looked upon some Maps that were there to divert my self a while and when I was called in went out of the Gallery on the left hand and went through another Room before I came into my Lord's Room Foreman Did you never hear my Lord speak Treason in any House but his own Mr. Booth I never had occasion to hear this Discourse from my Lord but in his own House I never waited upon him in any other House Foreman Was you never desired to be a Witness against my Lord Shaftsbury Mr. Booth Not till I intimated some thing of it Foreman Who was that too Mr. Booth That was to Mr. Banes I told you before so Foreman And what then Mr. Booth When he told me of his Business with the Yorkshire Attorney Brownrigg I did say again I did not know what my Lord had done as to any thing of Irish-men but I was sure there was something as to English-men as to that purpose Foreman Did he propose any Reward or any thing of that Nature Mr. Booth Not a Farthing for I think he had no Commission to do it Foreman Are you acquainted with one Callaghan and Downing two Irish-men Mr. Booth No. Mr. Godfrey Were you never in their Company Mr. Booth Not that I know of Mr. Godfrey Did you ever hear their Names Mr. Booth I don't know that I have Foreman Were you in their Company lately Mr. Booth Not as I know of I do not remember either their Names or their Persons nor do I know them from other men Foreman Do you know one Mr. Shelden Mr. Booth No. Foreman Do you know one Mr. Marriott Mr. Booth No Sir I have heard of one Marriott that did belong to my Lord Duke of Norfolk Foreman When were you in his Company Mr. Booth Never that I know of Foreman Has no body discoursed you from him Mr. Booth No no body Foreman Did you never hear of any Witnesses he sent to his Tenants Mr. Booth I have heard from Banes about Brownrigg about Irish Witnesses Mr. Godfrey Did you never hear of any Irish Witnesses sent down by Mr. Marriott to the Isle of Ely L. C. J. We gave you all the liberty in the World hoping you would ask pertinent Questions but these are Trifles I did not expect that any wise men would have asked these Questions Mr. Godfrey was it to the purpose whether Mr. Marriott sent any Irish Witnesses to his Tenant or no What is that to this business Foreman My Lord I have it under the hand of the Clerk of the Council Mr. Booth Pray Sir Did any inform you that I had any Correspondence with this man L. C. J. Nay Sir you must ask no Questions Mr. Godfrey Mr. Booth do you go under no other name but Booth Mr. Booth No nor never did in my life Mr. Booth My Lord I cannot go in safety here for the Tumult L. C. J. Let the Officers secure him Mr. Sheriff look to him that the man be secure and safe I will require him at your hands else Mr. Sheriff Pilkington What should I do L. C. J. Send your Officers to protect him as becomes you that he may be secured from the Rabble here Mr. Turbervile Foreman Mr. Turbervile when you had this Discourse with my Lord Shaftsbury who was present with you Mr. Turbervile One of his Servants truly I cannot tell his Name Foreman No body else Mr. Turbervile I know