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
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
these Objections First as to that that you do say that you are bound to Conceal your Councels and the Kings secrets that is very true as to your Councels that is your Debates you are bound to conceal them As to the Kings secrets so long as he will have them kept secret you are bound to keep them so too but it doth not deprive the King of the benefit of having it publick if he have a desire for it you don't break your Oath if the King will make it publick you don't make it publick 't is the King does it Then as to that that you do say that you apprehend the common usage of the Kingdom to be a Law that is true Mr. Papillon in some sence a constant and uninterrupted usage goes for a Law among us but I thought I had told you before that both of ancient and later times there have been Examinations of the Witnesses in Court in Cases of this nature and we are not without presidents of it every Year every Term continually from time to time Evidence is heard in Court by the Grand-Jury it is as usual a thing with us as any thing if it be desired nothing more frequent or more common I never heard it deny'd or stood upon by any Grand-Jury in my life till of late here you may be instructed with a thousand presidents for I am sure it is a common and ordinary case upon such occasions if desired to hear the Evidence in Court Look ye Gentlemen as to that care that you have of the Kings affairs the King has reason to take it well that you are so careful for them and that you are so mindful of his concerns he hath a great deal of reason to think well of you for it And Gentlemen consider this that His Majesties Council have certainly considered of this Evidence before they brought this to a publick Enquiry or else it would be a hard thing if they should come raw and not know what the Witnesses can say for though you are the Jury to hear the Witnesses yet you must consider that the Kings Council have Examined whether he hath cause to accuse these persons or not and Gentlemen they understand very well that it will be no prejudice to the King to have the Evidence heard openly in Court or else the King would ne're desire it Foreman My Lord the Gentlemen of the Jury desire that it may be Recorded that we insisted upon it as our Right but if the Court o're rule we must submit to it L. C. J. Here are enough persons to take notice of it to make Records of such things is not usual it is not our business here to record every thing that every man will desire to be Recorded We can Record nothing but what is in Order to the Proceedings but notice enough is taken of it you need not fear but that there will be Witnesses enough L. C. J. North. Gentlemen I must say something to fortifie what my Lord Chief Justice has said If any of us had been of a different opinion we would have spoken it the same thing was stood upon and discoursed on the last Sessions and then all the Judges were of this opinion and in what all the Judges agree to you should acquiesce I must tell you from my own experience where the King will he ought to have it kept secret I have not known it done publiâ—kly in the orderly course of business but I have often known wherâ—… hath been desir'd by those which Prosecute for the King that Evidence hath been given openly and I never knew it deny'd If any of my Brothers think otherwise I desire they would speak but I tell you as to my experience this is the case Mr. Sheriff P. I desire the Witnesses may be kept out of the Court and called one by one L. C. J. It is a thing certainly that the King's Council will not be afraid of doing but Sheriffs do not use to move any thing of this nature in Court and therefore 't is not your Duty Mr. Sheriff to meddle with it Sheriff P. It was my Duty last time my Lord and appointed Mr. Att. Gen. You were acquainted 't was not your Duty last time and you appear against the King Then the Indictment was Read London ss THE Jurors for our Soveraign Lord the King upon their Oaths present that Anthony Earl of Shaftsbury late of the Parish of St. Martins in the Fields in the County of Middlesex as a false Traytor against the most Illustrious and most Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his Natural Lord the fear of God in his heart not having nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and natural Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and with all his strength intending the Peace and common Tranquillity in this Kingdom of England to disturb and War and Rebellion against our said Soveraign Lord the King to stir up and move and the Government of our said Soveraign Lord the King within this Kingdom of England to subvert and him our said Soveraign Lord the King from the Title Honour and Regal Name of the Imperial Crown of his Kingdom of England to Depose and Deprive and Him our said Soveraign Lord the King to death and final destruction to bring and put the 18th day of March in the Three and thirtieth year of the Reign of our Soveraign Lord Charles the Second now King of England and divers other days and times as well before as afterward in the Parish of St. Mary Le-Bow in the Ward of Cheap London Trayterously compassed imagined and intended the Death and Final Destruction of our said Soveraign Lord the King and the ancient Government of his Kingdom of England to change alter and wholly to Subvert and Him our said Soveraign Lord the King from the Title Honour and Kingly Name of his Imperial Crown of this Kingdom of England to Depose and Deprive and War and Rebellion against our said Soveraign Lord the King to move and levy within this Kingdom of England and his said most wicked Treasons and Trayterous compasses imaginations and purposes aforesaid to fulfill and perfect he the said Anthony Earl of Shaftsbury as a false Traytor with divers Armed men Subjects of our said Soveraign Lord the King then being maliciously trayterously and advisedly did provide and prepare to be aiding to him the said Earl of Shaftsbury to fulfill and perfect his Treasons aforesaid And his said wicked Treasons Trayterous compasses imaginations and purposes the sooner to fulfill and perfect he the said Anthony Earl of Shaftsbury as a false Traytor with one John Booth and other Subjects of our said Lord the
Gentlemen that came out of the Country were well provided with Horse Arms and Men to oppose him and that they might lawfully do it if the King offered any Violence to them whilst they sat and that the Nation stood by them and that they did represent the Nation and that for his part he and all his Friends would do it to the utmost of their Power and as Old as he was he would be one that would oppose it to his power My Lord said I we can expect nothing but Confusion from this Parliament in this Nature for then we shall be involved in another Civil-War nothing else can put an end to our Miseries or make this Nation a settled Nation but a Civil-War Then my Lord said I by this means wee shall make an end of Monarchy or else inslave the Nation to Popery for ever No doubt of one say's he but we are sure of one for the Nation is of our side and the City you know how they are and where ever they Strike I am sure the Nation will and this I 'le stand and dye by This is the substance of what I have to say against my Lord Shaftsbury and upon the Oath I have taken I am sure I have not added a Word One Word more I have to say 'T is reported I have been hired and Suborn'd I do admire why this City of London where there are as worthy men and as great Lovers of the King and Government as any in the World should say any such thing I was never Suborn'd by them nor never took a farthing of their money nor never took a farthing of the King in my life L. C. J. Who supposes it Mr. Smith 'T is in print my Lord 't was in the Book that came out last night it is suppos'd my Lord for it is in print L. C. J. I had reason to expect that there was no such objection Brian Haines Mr. Sanders Give your knowledge of what discourse you have heard concerning my Lord Shaftsbury Mr. Haines Sir I have heard him Villifie the King very often and he told me about the Narrative that I made about Sir Edmond-Bury Godfrey's death Mr. Ivey and I went to him one day and he spoke to me of it and I desired him not to expose my person to the King's Anger for I was sure he would never grant a pardon to any man that impeached the Earl of Danby Say's he Do not fear if he doth not grant you a pardon he makes himself the Author of the Plot and say's he the Earl of Essex my Lord Maxfield and I wee do all resolve if you put in writing we will go to the King and beg a pardon of his Majesty for you and if he doth not grant it we will raise the whole Kingdom against him for say's he he must not expect to live peaceably in his Throne if he doth not grant it For he makes himself author of the Plot. My Lord said I he hath dissolved so many Parliaments for the sake of the Earl of Danby and prorogued so many Parliaments therefore he will never grant me this Pardon Say's he doe not fear 't is the best pretence we can have in the world and if you will but put in writing and let me read it that I may give my opinion of it the work is done and if he doth not do it we are prepar'd to raise Arms against him I was with him another time after I made this Narrative and he told me the two Mr. Godfrey's were with the King at Windsor and begged a pardon of his Majesty for me but the King would not grant it but if he be an honest man let him lye at my mercy let him come in and declare what he knows Said I I would not have your Lordship expose my cause in these day's This is the best time for it in the world say's he if he doth not do it he can't expect to be long King of England Pray my Lord said I what shall I do in the mean time I will go beyond Sea said I. No sayes he don't leave the Kingdom he dares as well be hang'd as meddle with you I desir'd him a second time not to expose me to the King's fury and I prayed him to help me to a little money to go beyond Sea for I was sure I could not be safe in England Sayes he Have a care of your self but sayes he he dares as well be hang'd as meddle with you Then I was in close conference with him one day and I gave him so exact an account of all Transactions from King Charles the First 's Reign the commencement or coming to the Crown to this very day that he was mightily satisfied finding by me that I was a Traveller he was mightily pleased and free with me Pray my Lord what Model do you take or intend to do Sayes he Do you not think but there are Families in England that have as great pretences to the Crown as the King Sayes he there is the Duke of Bucks in the right of his Mother she was descended from Edward one of the Edwards and in her Right he claimes the Barony of Ross he hath as great a Right to the Crown of England as ever any Stewart of them all Jury Speak that again Mr. Haines I was in Conference with my Lord Shaftsbury one day and I gave him an exact account of all Transactions and I asked what they did intend to do with the Government if they pull'd the King down Sayes he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts I know none my Lord sayes he there is the Duke of Bucks that is descended of the Family of the Plantagenets he named some of the Edwards and in her right he should have the Barony of Ross and in her Right he has as good a Title to the Crown of England as ever any Stewart had John Macnamarra Sworn Sir Francis Withins Pray give an account to the Jury of what discourse you have had with my Lord Shaftsbury John Macnamarra My Lord I was with my Lord Shaftsbury a little before he went to Oxford before the Parliament sat there and my Lord told me at that time that he would take care together with those that were with him at Oxford for the Witnesses that were concerned in the Popish Plot. Mr. Harrison Speak out pray Sir John Macnamarra My Lord told me he would take care with those that were with him for the Witnesses that were concern'd in the Popish Plot after my Lord went to Oxford I writ him a Letter giving his Lordship to understand That whereas his Lordship was pleased to promise that he would take care of the Witnesses that he would be pleased to take care of me as well as the rest of the Witnesses after my Lord came home from Oxford I went to him to see what was done His Lordship was pleased
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
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
Mr. Smith I believe not above Three Months ago as the Rector of Bow-Church will inform you I have it under the Church-wardens hands in other places in London Mr. Papilion Have you been desired to be a Witness or did you do it voluntarily Mr. Smith Never desired I declare it I did it voluntarily of my self Mr. Papilion When did you give in your Evidence first Mr. Smith Truly I cannot exactly tell when I gave it in I did not keep an account of it Mr. Papilion What Month Mr. Smith I cannot tell Mr. Papilion Was it before my Lord was Committed or after Mr. Smith I believe it might be a little after Whether it was before or after I cannot exactly tell Mr. Papilion To whom did you give your Information Mr. Smith My Lord they commanded the people to stone us to death L. C. J. Who did Mr. Smith Several persons and when we were at the Tavern Dr. Oates's man came out and gave the Rabble a Bottle of Wine and bid them knock us down L. C. J. Do you know what the mans name is Dr. Oates I know nothing of it my Lord. L. C. J. What is your mans name Dr. Oates I keep half a dozen men my Lord. L. C. J. I hope you keep no men to affront the King's Witnesses Dr. Oates No my Lord it is a mistake I know nothing of it we went thither to refresh our selves M. Papilion Mr. Smith who did you give your Information to Mr. Smith What Information Mr. Papilion The first Information Mr. Smith My Lord am I to answer to these questions L. C. J. Ay Answer them tell them Mr. Smith My Lord the Information I gave in to Secretary Jenkins but I gave notice long before of what I intended to do to other persons Mr. Papilion When did you hear these words speak to the time exactly Mr. Smith Which words do you ask Mr. Papilion Those you mentioned even now Mr. Smith Sir if you please I know you take all in short hand if you ask me what words I will tell you for if I do not express my self in the same words as before you will take hold of me L. J. C. I will tell you this this may be an ill question for he told you he had discoursed my Lord Shaftsbury at a great many times and that at sometimes he said these words at other times other words and for you to catch him upon a question it doth not shew a fair inclination Mr. Papilion My Lord under your Lordships favour we only desire to discover the truth we are not for catches L. C. J. Ask him then which of the words you would have him declare the time of and he will tell you Mr. Papilion Let him speak his own words it was about the time when Hetherington went thither Mr. Smith Truly I will answer that as punctually as I can the month or day I cannot well tell but the person that came for me was major Manly and he came to Bethels Club what time that was I cannot say but if you please to inform your selves of those Gentlemen that I name I believe they will tell you Mr. Bethel was there present and knew very well I went to my Lord Shaftsbury that night and returned to the Club again Mr. Godfrey Was it in the Evening or the morning Mr Smith Mr. Godfrey Clubs are usually at night I suppose you know that was Mr. Papilion Where did you see my Lord Shaftsbury Mr. Smith It was in his Dining Room Mr. Papilion Did you hear these words in any other place or at any other time or any Treasonable words against the King L. C. J. Look you Gentlemen he told you of several other words at several other times Mr. Papilion But he said all at his house my Lord. L. C. J. Ay but at several times Mr. Smith I know Mr. Attorny what the Gentlemen would be at very well L. C. J. Answer them whether you did hear him speak any words that you conceive Treasonable at any other time Mr. Smith I did not indeed Mr. Papilion In another place Mr. Smith I do say I did not Mr. Papilion Did you petition to the Common Councel M. Smith No Sir I never did Mr. Papilion Are you an English-man or an Irish man Mr. Smith That 's no matter no more than if I were a French-man or a Dutch-man L. C. J. Give them an account whether you are an Englishman or an Irish-man Mr. Smith My Lord I beg your Lordships pardon for that if I were an Irishman whether thereupon my Evidence would be prejudiced L. C. J. Look you Mr. Smith I do hope the Gentlemen of the Jury have more discretion among them all than to think that an Irish-man is not a good witness I hope they are not such persons Mr. Smith My Lord if you please whilst I was in the City amongst them I never petitioned to the City I never had a farthing from them nor ever spake to any for it I never had any occasion for it but if I had it is probable I have enough in England and other places without being beholden to your Common Council L. C. J. Will you ask him any more questions Jury No no. Mr. Papilion Is Mr. Smith gone I would ask him one word we would fain know what allowance you have or what you receive if you have any allowance from any body Mr. Smith From whom Mr. Papilion Nay I know not from whom I ask whether you have any from any body L. C. J. Look ye Gentlemen is that a question that is pertinent I wonder you will go to such questions we allowed you to ask questions your selves because we look upon you as men of reason Mr. Papilion My Lord I do not know but it may be a proper question to ask him if he have any allowance from any man upon this account L. C. J. Upon what account Mr. Papilion Upon this account if he says he has none 't is an answer L. C. J. Do you intend your question whether he is bribed to give Evidence if you mean so speak plain Mr. Papilion We ask if he have any allowance Mr. Smith You don't ask me how the 6 or 700 l. was made up L. C. J. You that are upon your Oaths should have a care what you do Bryan Haynes Mr. Papilion Mr. Haynes when did you give in your Information upon this matter Mr. Haynes Against the Earl of Shaftsbury Sir Mr. Papilion Ay. Mr. Haynes The day that I was taken by the Messenger Mr. Papilion That was before my Lord was committed was it not Mr. Haynes Yes Sir it was before my Lord was committed Mr. Papilion Did you ever make any other Information to a Justice of the Peace Mr. Haynes Not of my Lord of Shaftsbury Mr. Papilion Nor touching this matter Mr. Haynes No not any Information upon Oath I may have discoursed with a Justice of the peace Mr. Papilion Did not you give in an Information of a
Design against the Earl of Shaftsbury Mr. Haynes To none but to Secretary Jenkins Mr. Papilion You understand the question whether you did give no Information of a Design against my L. Shaftsbury to some Justice of the peace Mr. Haynes No no to none but Mr. Secretary Jenkins L. C. J. You do not observe his question did you ever give to any Justice any Information of a Design against my Lord Shaftsbury Mr. Haynes Yes my Lord I did to Sir George Treby I made Affidavit before him Mr. Papil When was that Mr. Haynes I think it was in March last Mr. Papilion What was that design against my Lord Shaftsbury Mr. Haynes The design was what Mr. Fitz-Gerrald told me he told me he gave under his hand to the King that the Earl of Shaftsbury did resolve to set the Crown upon his own head or otherwise to turn the Kingdom into a Common-wealth Mr. Papilion Fitz-Gerrald told you this and so you made Affidavit of it Mr. Haynes Yes before Sir George Treby Mr. Papilion What time Mr. Haynes It was before the Parliament met at Oxford Mr. Papilion So you say the words were when were the words spoken that you mentioned Mr. Haynes The words against my Lord Mr. Papilion Ay. Mr. Haynes He spake them to me a little before I made Affidavit I cannot tell positively the time Mr. Papilion That was before his Commitment Mr. Haynes Yes yes my Lord was committed in June last this Affidavit was made in March last before the Recorder of London L. C. J. North When you ask him about the Information of the design against my Lord Shaftsbury he says that was in March last and when you ask him about the evidence he gives now that was the same day he was apprehended by the Messenger Mr. Papilion About June you say it was that you say you gave in the Information against my Lord Shaftsbury Mr. Haynes The Information I made against my Lord Shaftsbury was in June last the 28th as I take it of June last Mr. Papilion Where was it you had this discourse Mr. Haynes I had several Conferences with my Lord. Mr. Papilion Did he every time say the same Mr. Haynes The last time I spake with him was in Iron-monger-Lane for Mr. Whitaker told me he would speak with me and he would fain have me explain my self what I did mean by the tall man I mentioned in the Narrative and I went to the house and they told me he was there and I sent up a Note and he desired me to come up but I sent word I did not care to come up because I would not be known and so he sent me word to meet him after Dinner and when I came my name is Haynes my Lord said I and I led his Lordship by the hand and went in there I had I believe a whole hours discourse with him and pray my Lord said I among other questions what Religion is the King of truly says he Mr. Haynes he hath no more Religion than an horse for saith he they say Sir he was inclined to Popery when he came first to England says he he had a tincture of Popery and was much inclined that way but since he was degenerated from all the Principles of Christianity for he is just like a perfect Beast Mr. Papilion This you say was in Iron-monger-Lane Mr. Haynes Ay Sir at a Pastery Cooks Shop Mr. Papilion What time was it Mr. Haynes After Dinner in the after-noon Mr. Papilion In June or when Mr. Haynes I cannot tell what time positively it was about the time of the Trial of Fitz-Harris Mr. Papilion Was it the same time he spake about the D. of Buckingham Mr. Haynes No no. Mr. Papilion When was that Mr. Haynes That was when I was with him at his own house and desired him not to expose me Mr. Papilion What time Mr. Haynes I cannot tell Sir for I never thought I should be called to an account for it and I cannot keep an Almanack in my head and I desired them not to expose me to the King's fury for I heard the King was displeased with me no says he you are mistaken this is the best opportunity we can have and if he will not give you a Pardon we will raise the whole Kingdom against him in Arms and then he makes himself the Master and Author of the Plot and consequently he must expect to be ruined unless he grant you a pardon Mr. Papilion Did you ever hear any other words than what you have now testified Mr. Haynes Yes Sir for I discoursed with him in Iron-monger-Lane a great while and told him that our only and best way to have our ends of the King was to raise a Rebellion in Ireland and that I had relations and friends and could get discontented Persons enough and his Lordship would do the work here Mr. Papilion What did you propound a Rebellion in Ireland Mr. Haynes I offered to go beyond Sea and that now was the best time to raise a Rebellion in Ireland and he said that was not the best way for they had other means to take and so the discourse was waved Mr. Papilion And is that all Mr. Haynes That is all I remember now Mr. Papilion Do you know of any other place or time Mr. Haynes I was with him at his house Mr. Papil Were you ever a witness for my Lady Windham or against her Mr. Haynes No Sir but she arrested me because I said I lay with her John Macnamara Mr. Papilion Mr. Macnamara when was it you had this discourse with my L. Shaftsbury what is the time as near as you remember Mr. Mac. In March and April last Sir Mr. Papilion Twice then do you speak of Mr. Mac. Yes Sir Mr. Papilion Which is that that was in April Mr. Mac. That was the last the last discourse was in April Mr. Papilion To what purpose was that Mr. Mac. My Lord said that the King deserved to be deposed as much as King Richard the second did Mr. Papilion In April you say Mr. Mac. In April Mr. Papilion When did you give Information of this Mr. Mac. I cannot exactly tell Sir Mr. Papilion Repeat what you said Mr. Mac. That the King deserved to be deposed as much as King Richard the Second and that he took the Dutchess of Mazarines advice in every particular which was the worst of Woman kind Mr. Papilion What time in April was this Mr. Mac. It was in the beginning of April Mr. Papilion Where Mr. Mac. In his own house Mr. Papilion Who was present Mr. Mac. There was Mr. Ivey by Mr. Papilion When did you make information of this Mr. Mac. I cannot tell it was a good while ago Mr. Papilion Was it before his Commitment Mr. Mac. Yes Sir it was Mr. Papilion To whom did you give information Mr. Mac. To the Secretary of State Sir Mr. Papilion Which of them Mr. Mac. Mr. Secretary Jenkins Sir Mr. Papilion Did
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