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
came to my Lord Shaftsbury's they were cautious in our accession In the first place it was to be known by some of the Servants who he was in company with And in the second place the names were sent up who they were that were to speak with him Sometimes we had an Alehouse at the Bell in the same Street I forget the name of the Street we staid at the Alehouse till we had a sit time Captain Wilkinson had acquaintance with his Porter and his Gentleman of his Chamber and so we often discours'd And from the concerns of Carolina we fell to matters more publick concerning the State I remember he would use to inveigh sharply against the times and look upon himself as not so valued nor so respected nor in those places and dignities as he expected he should be and seem'd to be discontented and he did fear that Popery would be introduced and Arbitrary Power and when Parliament-men were to be Elected there came every week news bringing particulars of such Boroughs and Counties as had made particular Elections for Members for Parliament whether Knights Citizens or Burgesses And he would often consider that Parliament that was to sit at Oxford what they were as to their Inclinations and Dispositions and he said they would iusist upon the same things the other Parliaments before had done Particularly he said the Parliament would never grant the King any assistance of Money nor satisfie him in those things that he desired unless he gave the people first satisfaction in those things that they insisted on before and he believed would insist upon after and particularly the Bill of Excluding the Duke of York from the Crown another was the abolishing the Statute of the 35th of Elizabeth and the third was giving his Royal Assent for the Passing a new Bill whereby all Dissenting Protestants Nonconformists or what you will term them should be freed from those Penalties and Ecclesiastick Punishments that they are subject to by the present Establisht Law and he said if these and some other wholesome Laws and Bills were past by the Royal Assent of the King he believed that when the people had received this Security and Satisfaction that they would be very willing to grant the King such accommodations of Money by way of Assessment or so as his necessary occasions should also require but without this he believed there would be a breach between the King and the Parliament and that they had order'd the Parliament should meet at Oxford and not at this Metropolis at London where they might go on without fear of being over-awed that this was an intention to awe the Parliament But he said himself and divers Noble Lords and Members of the House of Commons had considered themselves and their own safety and that they judg'd it dangerous to go to Oxford where they were sure the Guards the Retinue of the Court and the Assistance of the Scholars which usually incline to the Crown might so over-awe the Parliament that they might not so freely proceed in a way for the publick Good as they intended and therefore he and others had consider'd with themselves that it were fit for them to have Guards and send them thither and to this purpose he had establisht a matter of fifty men persons of Quality that he believed would have men along with them and he intrusted Captain Henry Wilkinson with the Command of these men and they were to come to Oxford at such a time and if there were any breach between the King and the Parliament or any Violence offer'd to any of these Members by the Guards or Retinue of the Court that then these men with others that other Lords had provided should repel his Force by greater Force and should purge the Guards of all the Papists and Tories and such as were against the Protestant Religion and the Establisht Laws of the Land and likewise these men should be ready to assist himself and those other persons in his Confederacy to purge from the King those Evil Counsellors which were about him particularly there were named the Earl of Worcester my Lord Clarendon my Lord Hallifax my Lord Feversham and Mr. Hide now Lord Viscount Hide and these persons were look'd upon to be dangerous and gave the King evil Advice and made him continue so very deaf to what the Parliament urg'd him to and therefore they said they would not only purge the Guards and repel that Force by a greater Force but also take those Lords by Violence from the King and bring the King to London to the chief Metropolitan City where those things should be establisht which they design'd for their safety in these two respects for the preserving the Protestant Religion and likewise for the keeping and defending us safe from Arbitrary Power and Government Upon this Captain Wilkinson did desire me that I would be one of those under his Command this I did consent to And he requested me further that I would provide for my self Horse and Arms and likewise Arms for my man and he would provide me a Horse for my Man I did accordingly provide Arms for my self and a good Stone-Horse for my self and Arms for my Man before the Parliament did sit at Oxford I think the 23d of March I do not punctually remember the day and when the Parliament was set we enquir'd and heard how things went on and found that it was as my Lord Shaftsbury had predicted that the Parliament did insist upon those very things that he told they would do but never believ'd or imagin'd they would be so soon dissolv'd Upon Thursday before the Parliament was dissolv'd Captain Wilkinson told me he expected that very Week to have a Summons to go up to Oxford with those men that were listed with him but then Saturdays news came of the Dissolution of the Parliament and therefore it took no further effect The whole matter the main design was this That my Lord Shaftsbury should have so many men to attend him there for the security of his person and likewise to repel the force of the Kings Guards or any other persons that followed the King and also to remove from him those five Lords and bring the King back to London to Establish those Laws that I have mention'd Sir Francis Withins Pray what time did you discover this Booth About six weeks ago Sir Francis Withins Had you any discourse with the Earl of Shaftsbury after Captain Wilkinson spoke with you or before the sitting of the Parliament Booth I said before that the first motion of these fifty men that were to be my Lord Shaftsbury's Guard came from Captain Wilkinson but after this when I went with Captain Wilkinson to my Lord Shaftsbury the same thing was discoursed there The last time I was with my Lord Shaftsbury was about a week before he went to Oxford about ten days before the Parliament set or a week and then I heard the same discourse from my
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
an Oath upon you for to find those Bills Gentlemen Compassion or Pity is not your Province nor ours in this case there is no room for that in Enquiries of this nature that is reserv'd to an higher and superiour Power from which ours is deriv'd Therefore Gentlemen I must require you to consider such Evidence as shall be given you and to be impartial according to what you shall hear from the Witnesses if you have ground upon what Evidence you shall have given to you to believe that there is any reason or cause for the King to call the persons named in such Indictments as shall be tender'd to you to answer for what is objected against them therein you are to find those Bills that is all that I shall say to you only pray God to direct you in your Enquiry that Justice may take place Then a Bill of High-Treason was offer'd against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court L. C. J. Gentlemen of the Jury You hear it is desired by the King's Council and that we cannot deny that the Evidence may be publickly given that it may not be hereafter in the Mouths of any ill-minded persons abroad to scatter any Mistakes or Untruths up and down or to slander the King's Evidence or to say any thing concerning them that is not true Therefore we cannot deny this motion of the King's Council but desire that you will take your places and hear the Evidence that shall be given you The Jury then desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and then the Clerk called them by their Names Foreman My Lord Chief Justice it is the opinion of the Jury that they ought to Examine the Witnesses in private and it hath been the constant practice of our Ancestors and Predecestors to do it and they insist upon it as our Right to Examine in private because they are bound to keep the King 's Secrets which they cannot do if it be done in Court L. C. J. Look ye Gentlemen of the Jury it may very probably be that some late usage has brought you into this Error That it is your Right but it is not your Right in truth For I will tell you I take the reason of that use for Grand Juries to Examine the Witnesses privately and out of Court to comply with the Conveniencies of the Court for generally upon such Commissions as these are the business is much and at Gaol-Deliveries there are a great many persons to be Indicted and Tried and much other Work besides of other natures to be done And if at such times we should examine all Businesses publickly in the Court it would make the business of these Commissions of a wonderful great length and cumbrance Therefore the Judges for the conveniency of the matter have allow'd That Witnesses should go to the Jury and they to Examine them not that there is any matter of Right in it for without question Originally all Evidences were given in Court the Jury are Officers and Ministers of the Court by which they enquire and Evidence sure was all given in Court formerly and the Witnesses still are always sworn in Court and never otherwise And Gentlemen I must tell you 'T is for your Advantage as well as for the King 's that it may be sure that you comply with your Evidence that you do nothing clandestinely therefore 't is for your advantage that this is done and the King likewise desires it Now I must tell you That if the King require it of us and it is a thing that is in its Nature indifferent we ought to comply with the King's desire to have it examin'd in Court you shall have all the liberty that you can have in private what Question soever you will have ask'd your selves shall ask it if you please and we will not cramp you in Time nor any thing of that Nature Therefore Gentlemen there can be no kind of reason why this Evidence should not be given in Court What you say concerning your keeping your Councels that is quite of another Nature that is your Debates and those things there you shall be in private for to consider of what you hear publickly But certainly it is the best way both for the King and for you that there should in a case of this nature be an open and plain Examination of the Witnesses that all the World may see what they say Foreman My Lord if your Lordship pleases I must beg your Lordship's pardon if I mistake in any thing it is contrary to the sence of what the Jury apprehend First They apprehend that the very words of the Oath doth bind them it says That they shall keep the Council's and their own Secrets Now my Lord there can be no Secret in publick the very intimation of that doth imply that the Examination should be secret besides my Lord I beg your Lordship's pardon if we mistake we do not understand any thing of Law Mr. Papillon Your Lordship is pleased to say That it hath been the common usage and practice sometimes my Lord we have heard that that hath been the Law of England that hath been the Custom of England If it be the ancient usage and custom of England that hath never been alter'd from time to time and hath continued so we desire your Lordship's Opinion upon that as we would not do any thing that may be prejudicial to the King so we would not do the least that should be prejudicial to the Liberties of the People if it be the ancient Custom of the Kingdom to Examine in private then there is something may be very prejudicial to the King in this publick Examination for sometimes in Examining Witnesses in private there come to be discover'd some persons Guilty of Treason and Misprision of Treason that were not known nor thought on before Then the Jury sends down to the Court and gives them intimation and these men are presently secur'd whereas my Lord in case they be Examined in open Court publickly then presently there is intimation given and these men are gone away Another thing that may be prejudicial to the King is that all the Evidences here will be foreknown before they come to the main Tryal upon issue by the Petty-Jury then if there be not a very great deal of care these Witnesses may be confronted by raising up Witnesses to prejudice them as in some cases it has been Then besides the Jury do apprehend that in private they are more free to Examine things in particular for the satisfying their own Consciences and that without favour or affection and we hope we shall do our duty L. C. J. Look ye Mr. Papillon it is reasonable that we should give you our advice in this case I must tell you if you had consider'd of what I had said before I thought I had obviated
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
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
to express himself and say That the King was Popishly affected and did adhere to Popery and that he took the same methods that his Father before him took which brought his Father's Head to the block and we will also bring his thither and told me also That he told some Persons of Quality that this would fall out Five years before at the same time my Lord told me That there was a Collection of Money made and that the meeting was at the Sun Tavern and that there came a Tory Lord in to hinder their proceedings but sayes he we do remove to Iron-monger-Lane and sayes he you shall hear further in a fortnight I came to my Lord a fortnight afterwards and his Lordship was pleased to tell me that there was provision made for the Witnesses and that it was in the hand of one Mr. Rowse that was Servant to Sir Thomas Player there was one Mr. Ivey and I think my Brother was by too when his Lordship spake these words he said that the King was a Faithlessman that there was no Credit to be given to him and that the Dutchess of Mazarine was his Cabinet Council who was the worst of Woman-kind This is all that I have to say my Lord. Sir Francis Withins Do you remember nothing at any other time John Macnamarra No. Sir Francis Withins Did you hear any thing about deposing the King John Macnamarra Yes he did at the same time say the King deserved to be deposed as much as ever King Richard the Second did Dennis Macnamarra Mr. Sanders Tell these Gentlemen whether you have had any discourse with the Earl of Shaftsbury Dennis Macnamarra He said my Lord that the King was a man that ought not to be believed and there was no belief in him and that he ought to be deposed as well as King Richard the Second and that the Dutchess of Mazarine was one of his Cabinet Council and that he did nothing but by her Advice Sir Francis Withins Begin again L. C. J. Raise your voice a little for the Jury don't hear you Dennis Macnamarra That the King is a man that ought not to be believed that there was no belief in him and that he ought to be deposed as well as King Richard the 2d and that the Dutchess of Mazarine was his Cabinet Council and that he did nothing but by her consent L. C. J. Who was with you at that time Dennis Macnamarra There was Mr. Ivey and my Brother at his own House L. C. J. When was this Dennis Macnamarra 'T was at the latter end of March or the beginning of April Sir Francis Withins You say Mr. Ivey was by at the same time Dennis Macnamarra Yes Sir Francis Withins Call Mr. Ivey Jury What place was it in D. Macnamarra In his own house Edward Ivey sworn Mr. Ivey My Lord soon after the Parliament was dissolv'd at Oxford I was at my Lord Shaftsbury's house where he was speaking against the King and said that he was an unjust man and unfit to Reign and that he was a Papist in his heart and would introduce Popery Jury Say that again Mr. Ivey I tell you I was at my Lord Shaftsbury's house where he was then speaking against the King saying that he was altogether unjust and not fit to Reign and he wonder'd he did not take example by his Father before him and did really believe that he was a Papist in his heart and intended to introduce Popery I was sometime after with him and I told him one Haines had told me he had something to discover about the death of Sir Edmond-bury Godfrey and several other things and my Lord desired to see him and I brought Mr. Haines to his house and he desired him that what he had to say he would put in Writing and he should have a Pardon and that if the King did deny it as he dares not deny it but if he does we will rise upon him and force him Sir Francis Withins Had you any other discourse at other times Mr Ivey Yes I had other discourse but not to this purpose Sir Francis Withins Was you frequently with him Mr. Ivey I was frequently with him he desir'd at the time I was with him to bid Colledge to come to him and I went and came again to Haines with instructions how to proceed and I took his examination of him and carry'd it to my Lord and he desired it might be explain'd what he meant by the Tall Black-Man and says he if he does mean the King he must explain himself and speak of the King or the Duke of York or the rest and if he does we will take care of him as long as he lives but unless he does we will do nothing for him and I was with him with my Lord Shaftsbury and my Lord Shaftsbury did exclaim against the King Sir Francis Withins What words did he speak Mr. Ivey He said he was altogether an unjustMan and not fit to Reign and that he believed he was a Papist in his heart and design'd to Introduce Popery and therefore they design'd to depose him and set up another in his stead Sir Francis Withins Do you remember any discourse of Richard the Second at that time Mr. Ivey No Sir I do not remember any thing of it Bernard Dennis Sworn Sir Francis Withins Pray tell the Jury what discourse you had with the Earl of Shaftsbury at any time and what it was B. Dennis My Lord I came upon a design to make cleer the Plot in General as far as I have travell'd as in Ireland France Spain Maryland Virginia and England and upon that account I was brought before a Justice of the Peace in Westminster in November last this time 12 month and Examin'd before Justice Walcup a Justice of the Peace and from thence to the Committee of the House of Commons of whom Collonel Birch I believe he is here was Chair-man and gave in my Evidence and being called upon at the Tryal of the Earl of Stafford I was commended as I suppose to the Earl of Shaftsbury and upon the Account he sent me word of it by William Hetherington who was then very intimate with the Earl of Shaftsbury to my knowledge and William Hetherington came to me several times and he precisely was my maintainer at that time that is to find me what ever I wanted and provide me my Lodging and carry me to some place where accommodation might be more better for me Upon this account one time the Earl of Shaftsbury sent to me desiring that I would wait upon him at his own house I came to him and there in the Gallery of his own house walking very slowly he told me what I gave in of the Plot in general was very good and sufficient but as to the Queen and the Duke of York that I should speak more home and positive against them at least that I might be a corroboration to others in what they Swore against them
This was all at that present time that the Earl of Shaftsbury spake to me and he desired me to go home to his Lodgings With that I went home and within a Month it may be or thereabouts he sent for me again by the same William Hetherington and William Hetherington told me that the Earl of Shaftsbury would speak with me So I came and Waited upon his Lordship at his own House and say's he Mr. Dennis I understand that you are a Clergy man Yes my Lord said I. And say's he I would advise you to take a black gown and I will preferr you to a Benefice till such time as this business is over and says he at the end of this business I will not fail to preferr you to a better and in the mean time I would advise you to take a black gown and this was a little as I remember after the Parliament was Dissolv'd at Oxford and he sent a Gentleman out of his own House along with me to a Doctor of Divinity living hard by Lincolns-Inn Fields Dr. Burnet by Name as I remember and the Gentleman acquainted the Doctor what I was and about what occasion I came there so the Doctor indeed discoursed with me very familiarly and rend'red thanks to the Earl for me into his conversation rather then another's What discourse we had then was nothing to the matter it was about matters of Conscience and Religion But Mr. Colledge that was the Joyner here in Town and Executed afterwards being familiar with me brought me to one Mr. Ferguson a Minister as I suppose of the Presbyterian form for he goes in their garb as near as I can tell and Mr. Ferguson at our first meeting was in Richard's Coffee-House in an upper room one pair of stairs and in some company and Colledge going to him brought him aside and spake to him concerning me and he came to me apart and discours'd with me from whence he brought me to a Bookseller's Shop and bought for me the Articles of the Church of England and in all these discourses there was a hand as Colledge told me of the Earl of Shaftsbury who did procure him and sent to Dr. Burnet to bring me that way I do not deny neither that I had an inclination before I left Ireland and when I was in Spain and when I was in France for to become a Protestant according to the Laws and Rules of the Church of England The force of what I have to say is this The Earl of Shaftsbury one day after all these things were past and after the Parliament were dissolved at Oxford discoursing with me in his own House Major Manley being in the same Room then who lives beyond Tower-hill he asked me what was the present occasion I came to him there and it was pretty early in the Morning and the Earl had a Barber to trim him in his Room I told him my occasion was then That I was something low in Money that I did a little want money at that time and did not know to whom to speak for any thing but his Lordship and said I came to tell you so Well say'd he Mr. Dennis I have appointed Mr. Rouse John Rouse whom you know for to give you and maintain you in money go to him especially once a week and he will give you money And said he Mr. Dennis what is the Number of your name in the Country as near as you can tell how many are you My Lord said I to tell you exactly what number they be of I cannot at present but within a little time I may tell you I believe really there may be upon the matter 3 or 400 able men of my Name in the County where I was born Say's the Earl of Shaftsbury Mr. Dennis I would very willingly have you to advise those of your name and those of your Friends for to be in a readiness when ever occasion shall serve and to stand by if occasion should be for to assist the Commonwealth of England for we do really intend to have England under a Common-wealth and no Crown and say's he we intend to live as we see Holland does that is to have a Commonwealth and to have no Supream head particular man say's he or King nor owe Obedience to a Crown and say's he we will extirpate the King and all his Family as near as he can and Mr. Dennis say's he I do admire that your Nation should be such Fools as they are for it is very certain that King James Queen Elizabeth King Charles the First say's he and the King that now is does wrong you to very destruction and say's he if you had been under a Common-wealth the Common-wealth would take more pitty of your Nation and the Gentry of your Nation then any doe of them now in this time wherein the King Governs and upon this I doe count the Irish fools This is all that I can say L. C. J. The King's Council declare they will call no more Witnesses for they think they have called enough already and there are several of them that doe swear Words that are treasonable in themselves if you do desire to ask any of the Witnesses any thing you shall have them all call'd one by one Fore-man My Lord we will walk up again and Consider what Questions to ask and come again presently Mr. Papillon It seems they will call no more Witnesses then these L. C. J. Not against the Earl of Shaftsbury being you are charg'd only with that Mr. Papillon It is so my Lord but we pray we may be satisfyed upon the Statute the Indictment is grounded because we may hear it read before we go up because your Lordship speak's of two different Statutes the 25th of Edward and you mention the Statute of the 13th of this King your Lordship in your discourse to the Jury mentioned them both we pray your Lordship to acquaint us upon what Statute it is grounded whether upon both or one of them L. C. J. Look ye Gentlemen this is grounded upon the Statute of this King though there is enough to find an Indictment of Treason upon the Statute of the 25th of Edward the Third that which is Treason within the Statute of the 25th of Edward the Third is Treason within this Statute so this is the more Copious Statute for as I told you before this Statute has enlarged that of Edward the Third in a great many Particulars and therefore look ye Gentlemen always consider this when one Statute contains the Matter of another and inlarges it the Indictment is always upon the last Statute that being the more Copious Statute But you are to Consider both L. C. J. Nor. The Indictment is Contra formam Statut ' and it being Contra formam Statut ' it may be understood Statutorum or Statuti so that all Statutes that may be the Foundation of this Indictment you may go upon Jury We desire to know whether any
the Name of none of his Servants but Mr. Sheppard I cannot remember any body else Foreman Did he carry you up to my Lord Mr. Turbervile It was he I think told me I might go in I was in the Dining Room Foreman What time was this Mr. Turbervile In the Morning Foreman What time was it when you had this Discourse with my Lord Shaftsbury Mr. Turbervile It was in February Foreman What time in February Mr. Turbervile About the beginning I cannot tell exactly to a day Foreman How long was this before you communicated this to any body Mr. Turbervile It was about the Fourth of July Foreman Then you concealed it from February to July Who did you Communicate it to first of all Mr. Turbervile The first Deposition I gave was to Mr. Secretary Foreman Which Secretary Mr. Turbervile Secretary Jenkins Foreman Pray what Room was it you had this Discourse in Mr. Turbervile Sir It was the Room at the upper end of the Dining Room I think they call it the Dining Room at the upper end of the Room and turns on the left hand where he lay Foreman Did you meet with no body about the beginning of July after my Lord's Commitment and tell them when you were challenged and told you were to be a Witness against him As you were alive you knew no such thing Mr. Attor General My Lord this is not to be allowed This is private Instructions which the Jury are not to take Foreman No Sir it is not private Instructions Did you not speak such words to William Herbert L. C. J. Have you had any Information concerning this to Mr. Herbert Foreman My Lord I have a long time ago My Lord such a person did tell me so and so and set down the day and he then said he was very angry with him for it L. C. J. Look ye Gentlemen what Discourse you take up at random in every Coffee-house Is that fit to be brought in when Treason is in question against the King's Life Are these Coffee-house Discourses do you think ground enough for you to cavel at Persons because you have heard this Discourse in a Coffee-house Foreman My Lord I never was in a Coffee-house in my life with Mr. Herbert but he declared this to me some Months ago L. C. J. And you think this is ground enough for you against him Mr. Papilion My Lord we only ask this Question whether he hath not contradicted this or said the contrary to any body else Mr. Turbervile I do not remember that ever I spake one word to Mr. Herbert in my life and I can give you one reason For I was discarded by all the People of my Lord's Interest at that time and if I had given under my hand that I had known nothing against him I believe I might have been in their favour as much as before Mr. Papilion Were not you one that Petitioned to the Common Council in London Mr. Turbervile I did Sir Mr. Papilion And did not you declare then that you were tempted to witness against your Conscience Mr. Turbervile I believe I never read the Petition It was drawn by the Order of Mr. Colledge by a Man that lives about Guildhall by a Scrivener about Guildhall and I signed that Petition but never read it nor knew what was in it L. C. J. Mr. Richardson any you Officers watch by those men that make a noise and bring me in one to make an Example Mr. Turbervile My Lord I go in danger of my life for the People threaten to stone me to death and I cannot go safe to my Lodging Mr. Papilion What was your design in signing that Petition what did you look for Mr. Turbervile The design was that the City should take care of us Mr. Papilion Were you in a poor Condition Mr. Turbervile Truly I was not very poor though I was not over full of Money Mr. Papilion It is a strange thing that you should Petition for Relief if you were not in want Mr. Turbervile We were told by some Members of the House of Commons that there was a Vote in the House of Commons ready to pass that the City should advance Money for the support of the Witnesses and that we would Petition that they would answer the Design of the Parliament Mr. Papilion What Members were they Mr. Turbervile It was a Member of the House of Commons that told me so I will assure you two of them Mr. Papilion Did never any body move you or desire you to be a Witness in this case against my Lord Shaftsbury Mr. Turbervile No body in my life When I came to speak the truth of what I knew I did it voluntarily Mr. Papilion You did it voluntarily Mr. Turbervile I did I will assure you Mr. Papilion Do you know any thing more than what you have said here Mr. Turbervile No not one tittle Mr. Papilion Mr. Turbervile I desire to be satisfied in one thing whether my Lord Shaftsbury was Committed before or after your Information Mr. Turbervile Truly Sir I cannot tell positively as to that point but I believe it was before I cannot tell Mr. Papilion Did you hear my Lord speak these words in any other Room or Place Mr. Turbervile No indeed I did not Mr. Papilion It was about the Fourth of July you say your Depositions were taken Mr. Turbervile About that time I suppose the Fourth of July I hope your Lordship will take care that we be not knock't on the head L. C. J. That we give in Charge to Mr. Sheriff and see you do take care of the King's Witnesses at your peril It is a reflection not only upon the Government of the City to suffer these Disorders but upon the whole Kingdom Therefore Mr. Sheriff look the Witnesses come by no hurt Mr. John Smith Mr. Papilion Mr. Smith the Jury ask you a Question whether or no you did not use to go by the name of Barry Mr. Smith Sir what names I have gone by is not pertinent to this purpose I tell you I have gone by several Names as all Popish Priests do Mr. Papilion Did you never go by the Name of Barry Mr. Smith It may be I might I have gone by several Names as all Popish Priests do L. C. J. Did you ever go by the Name of Barry Mr. Smith I did my Lord it is usual for Popish Priests so to do Mr. Papilion What Religion are you of Mr. Smith Mr. Smith I am a Protestant Sir Mr. Papilion How long have you been a Protestant Mr. Smith Many years Mr. Papilion When were you first Converted Mr. Smith First Converted Mr. Papilion Ay to the Protestant Religion You say you have been one many years Mr. Smith I have been a Protestant and was perverted to the Popish Religion and afterwards became a Protestant again L. C. J. Bring in one of those men that make the noise Cannot you bring in one of them Mr. Papilion When did you receive the Sacrament
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