Gentry a learned Clergy and an understanding worthy People but yet we cannot think of England as we ought without reflecting on the condition thereof They are under the same Prince and the influence of the same Favâ—…urites and Councils When they are hardly dealt with can we that are Richer expect better usage For 't is certain that in all absolute Governments the poorest Countries are always most favourably dealt with When the ancient Nobility there cannot enjoy their Royalties their Shrievaldoms and their Stewardies which they and their Ancestors have possessed for several hundreds of years but that now they are enjoin'd by the Lords of the Council to make deputations of their Authorities to such as are their known Enemies can we expect to enjoy our Magna Charta long under the same persons and Administration of Affairs If the Council-Table there can imprison any Nobleman or Gentleman for several years without bringing him to Trial or giving the beast Reason for what they do can we expect the same Men will preserve the Liberty of the Subject here My Lords I will confess that I am not very well vers'd in the particular Laws of Scotland but this I do know that all the Northern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath out-done all the Eastern and Southern Countries in having their Lives Liberties and Estates subjected to the Arbitrary Will and Pleasure of those that govern They have lately plundered and harased the richest and wealthiest Countries of that Kingdom and brought down the barbarous Highlanders to devour them and all this almost without a colourable pretence to do it Nor can there be found a Reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any rate which as they managed was only prevented by the miraculous hand of God or otherwise all the Papists in England would have been armed and the fairest opportunity given in the just time for the execution of that wicked and bloody design the Papists had and it is not possible for any man that duly considers it to think other but that those Ministers that acted that were as guilty of the Plot as any of the Lords that are now in question for it My Lords I am forced to speak this the plainer because till the pressure be fully and clearly taken off from Scotland 't is not possible for me or any thinking man to believe that good is meant us here We must still be upon our guard apprehending that the Principle is not changed at Court that those men that are still in place and Authority have that influence upon the mind of our excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect cure to it until that be done the Scottish Weed is like death in the pot Mors in Olla But there is somthing too now I consider that most immediately concerns us their Act of Twenty two thousand men to be ready to invade us upon all occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a standing Army of Six Thousand Men. I am sure we have Reason and Right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there but if a French NobleMan should come to dwell in my House and Family I should think it concerned me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live elsewhere and I hope your Lordships will do the same thing for the Nation if you find Cause My Lords Give me leave to speak two or three words concerning our other Sister Ireland Thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restor'd and the Protestants are not many of them yet recovered from being the suspected Party The Sea-Towns as well as the In-land are full of Papists That Kingdom cannot long continue in the English hands if some better care be not taken of it This is in your Power and there is nothing there but is under your Laws Therefore I beg that this Kingdom at least may be taken into consideration together with the State of England for I am sure there can be no safety here if these Doors are not shut up and made sure Some few daies after this Speech the King was pleased to make a great Alteration in his Council and to appoint the Right Honourable Anthony Earl of Shaftesbury President thereof About the 18th of April 1679. His Majesty was pleased to declare the Dissolution of the Late Privy Council and for Constituting a New one The Lords of the Council not to exceed Thirty besides the Princes of the Blood which His Majesty may at any time call to the Board being at Court and the President and Secretary of Scotland which are uncertain The Names of that most Honourable Council were His Highness Prince Rupert William Lord A. B. of Canterbury Heneage Lord Finch L. Chancellor Anthony Earl of Shaftesbury Lord President of the Council Arthur Earl of Anglesey Lord Privy Seal Christopher Duke of Albermarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Principal Secretary of Scotland James Duke of Ormond L. Steward of the Houshold Charles Lord Marquess of Winchester Henry Earl of Arlington L. Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgwater Robert Earl of Sunderland one of His Majesties Principal Secretaries of State Arthur Earl of Essex first L. Commissioner of the Treasury James Earl of Bath Groom of the Stable Thomas Lord Viscount Falconberg George Lord Viscount Hallifax John Lord Bishop of London Daniel Lord Roberts Henry Lord Hollis William Lord Russel William Lord Cavendish Henry Coventry Esq one of His Majesties Principal Secretaries of State Sir Francis North Knight L. Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernby Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire This great Change put men upon various Discourses and Apprehensions suitable to their respective Dispositions and Inclinations but the most sober both of the Parliament and others hoped now to see the Popish Plot wholly Eradicated especially considering the daily fresh Discoveries that were brought before the Council and Parliament the last of which was of no long continuance for about June 1679.
Shaftesbury answered to this Effect My Lords I have presumed to present two Petitions to this Honourable House the first your Lordship mentions I do again here personally renew humbly desiring that I may be admitted to make that Submission and Acknowledgement your Lordships were pleased to Order And that after a Twelve-months close Imprisonment to a man of my Age and Infirmities your Lordships would pardon the folly or unadvisedness of any of my words or actions And as to my second Petition I most humbly thank your Lordships for acquainting me with the Resolution and Declaration in that point and though Liberty be in it self very desirable and as my Physician a very Learned man thought absolutely necessary to the preservation of my Life Yet I do profess to your Lordships upon my Honour that I would have perisht rather than have brought my Habeas Corpus had I then apprehended or been informed that it had been a breach of the Priviledge of this Honourable House It is my Duty it is my Interest to support your Priviledges I shall never oppose them My Lords I do fully acquiesce in the Resolution and Declaration of this honourable House I go not about to justifie my self but cast my self at your Lordships Feet acknowledg my Errour and humbly beg your pardon not only for having brought my Habeas Corpus but for all other my VVords and Actions that vvere in pursuance thereof and proceeding from the same Errour and Mistake One Blany was then called into the House who had delivered a paper to the Lord Treasurer Danby pretending to give a relation of some words spoken by the E. of Shaftesbury in the Court of Kings-Bench at the time when he moved for his Habeas Corpus but though this whole Transaction were no longer since than the last Trinity Term yet the said Mr. Blany could not affirm that what was written in the said paper was in part or whole really spoken by the Earl of Shaftesbury so that the Lord Treasurer being able to make nothing of Mr. Blany's paper which was a hard case the House of Lords proceeded to a Resolution in what form the Earl of Shaftesbury should make his submission and acknowledgment which being drawn up in words importing much the same with what the Earl had before declared which being read to him by the Lord Chancellor the Earl of Shaftesbury repeated the same at the Bar of the House and then his Lordship withdrew The House then ordered that the Lords with white staves should wait upon His Majesty to give His Majesty Account that the House had received satisfaction from the Earl of Shaftesbury in the matter of the Habeas Corpus and the other contempt for which he stood committed and are humble Suitors to his Majesty that he would be pleased to discharge him from his Imprisonment And that their Lordships do acquaint the House to morrow what they have done in this matter Die Martis 26 Feb. 1677. The Lord Treasurer reported to the House That the Lords with white slaves had waited on his Majesty according to the Order of this House To which His Majesty was pleased to give this answer That he will give Order for the Earl of Shaftesburys discharge Thus was this great heat whereby some of this worthy Peers Enemies thought then to blast his Loyalty and Integrity and endeavoured to foment the disgusts of the House against him at last extinguished and the Earl a little after saw this Parliament first prorogued and soon after dissolved Now was that Diabolical Plot of the Jesuits and Papists discovered by the great care and fidelity of Dr. Titus Oats which convinced both the King Lords and Commons and all the Nation in General of a damnable treasonable popish design to murther our Protestant King with the chiefest of the Nobility and Gentry and to reduce a Protestant Church to Romish Idolatry and the State to a Catholick slavery The seventh of March 1678. A Parliament met at Westminster and chose the Honourable Edward Seymour Esq their Speaker who had been Speaker of the last long Parliament This Parliament did like noble English Patriots endeavour to give check to the bloody popish Designs on foot and passed many excellent Votes for that purpose many Members acquitting themselves in their Speeches like Men of high sense of the Miserie 's the Nation was like to be involved in This House carried up the Impeachment to the House of Lords against William Earl of Powis William Viscount Stafford Henry Lord Arundel of Wandour William Lord Peters and John Lord Bellasis for High Treason and other high crimes and misdemeanours But this having been at large published to the World in divers other prints with divers Instances how this Noble Peer was personally struck at in that hellish Design I shall refer the Reader for more full satisfaction to the several Narratives and Discoveries of the popish Plot printed by Authority And shall now come to give you an Account of a Speech said to be delivered by this Honourable person in the House of Lords on the 25th of the Instant March Anno 1679. You are appointing of the consideration of the State of England to be taken up in a Committee of the whole House some day the next vveek I do not know how well what I have to say may be received for I never study either to make my Court vvell or to be popular I always speak what I am commanded by the dictates of the Spirit vvithin me There are some other considerations that concern England so nearly that vvithout them you vvill come far short of Safety and Quiet at home VVe have a little Sister and she hath no Breasts vvhat shall vve do for our Sister in the day vvhen she shall be spoken for If she be a VVall vve vvill build on her a Palace of Silver if she be a Door vve vvill inclose her vvith Boards of Cedar VVe have several little Sisters vvithout Breasts the French Protestant Churches the tvvo Kingdoms of Ireland and Scotland the foreign Protestants are a VVall the only VVall and Defence to England upon it you may build Pallaces of Silver glorious Pallaces The protection of the Protestants abroad is the greatest povver and security the Crovvn of England can attain to and vvhich can only help us to give check to the grovving Greatness of France Scotland and Ireland are two doors either to let in good or mischief upon us they are much weakned by the Artifice of our cunning Enemies and we ought to enclose them with Boards of Cedar Popery and Slavery like two Sisters goe hand in hand somtimes the one goes first somtimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an Illustrious Nobility a Gallant
and detestable practices of those evil minded persons against his Life and in how dreadful a condition would the Nation have been if through the means of these or such like Witnesses the guilt of shedding Innocent Blood should have been drawn upon us where would the rage of the Papists have ended had they succeeded in this their horrid attempt Aboâ—…t the 29th of July 1681. the Right Honourable Anthony Earl of Shaftesbury was apprehended at his own House by a Serjeant at Arms and carried before the King and Council and after some Examination he was committed to the Tower upon a charge of High Treason the Right Honourable the Lord Howard having been committed before upon an Information that he had assisted in contriving Mr. Fitz-Harris's Libel and Stephen Colledg and Mr. Rouse having likewise been committed about the 25th of the same Month. It is said that some days after his Lordships commitment that as he was taking the Air in the Tower meeting accidentally with one of the popish Lords he was asked by him what his Lordship did there and that they little thought to have had his good companâ—… to which the E. of Shaftesbury replied that he had lately been very ill of an Aguâ—… and was come there to take some Jesuits Powder It was said thaâ—… during the whole time of his Lordships consinement in the Tower he appeared to be very chearful and that many times he assumed a Courage and Vivacity beyond what could have been expected from a person labouring under such violent pains and diseases as is well known his Lordship is frequently troubled withal And now that we may not omit to you with what other Methods and Designs they endeavoured to fasten the black Hellish figure of a Traitor on this loyal Peer it will not be improper to take notice of a passage in the Trial of Mr. Fitz Harris where Mr. Everard upon Oath affirms that Mr. Fitz-Harris had told him that horrid Libel was to have been fathered upon the Protestant Nonconformists and when Collonel Mansel had deposed that Sir William Waller had said the design of Fitz Harris's Libel was against the Protestant Party Mr. Attorney General replied we believe it The Protestant Party And how far this Peer was to have been concerned in that will further appear if we take in what Sir William Waller affirmed at the said Trial that Mr. Fitz-Harris had told him there were two Parliament Men which frequented my Lord Shaftesbury's whom his Lordship did not suspect that came and sounded him and then returned to the French Ambassadour and acquainted him with all they could discover On Thursday the 24th of Novem. 1681. the great Affair for which the Lord Shaftesbury was committed to the Tower was tried at the Sessions House at the Old Bayly It may be excusable if we be the more particular and large in this matter and insert so much of the said Trial as may be needful to satisfie the World of the fairness and equity of the Proceedings of the Kings Court in that Affair and we shall be somwhat the larger because all persons into whose hands this Book may come may not have seen what was printed of that Trial. The Grand Jury that were to make enquiry both in behalf of the King and the Earl were persons of unstained Loyalty and Integrity and persons so considerable for their Estates and â—…ortunes that such a Jury hath seldom been empanelled upon the like occasion The Names of the Grand Jury were as followeth Sir Samuel Barnardiston John Morden Thomas Papillion John Dubois Charles Hearle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepheard John Flavâ—…l Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall The Oath You shall diligently enquire and true presentment make of all such Matters Articles and Things as shall be given you in charge as of all other Matters and Things as shall come to your own Knowledge touching this present service The Kings Council your Fellows Council and your own you shall keep secret you shall present no person for Hatred or Malice neither shall you leave any one unpresented for Fear Favour or Affection for Lucre or Gain or any hopes thereof but in all things You shall present the Truth the whole Truth and nothing but the Truth to the best of your knowledg So help you God My Lord Chief-Justice gave a large and learned charge to the Jury wherein he first opened to them the Nature of their Commission and the extent of it which reached to all Offences whatsoever against the Law of the Land as Treasons Misprisions of Treasons c. He told them he would at present acquaint them with the nature of those Bills they were then like to be troubled with and their Duty concerning that Enquiry He told them they were matters of High-Treason a crime of the greatest and highest nature that could be committed against man other crimes as Fellonies Riots 〈◊〉 and 〈◊〉 of that nature 〈◊〉 〈◊〉 â—…ders and troubles in a State oâ—… 〈◊〉 dom but he told them 〈◊〉 struck at the Root and Life of 〈◊〉 It tended to destroy the very Government King and Subjects and the Lives Interest and Liberties of all and therefore haâ—…â—…een always looked upon as a crime of the mâ—…st notorious nature that caâ—… be whatsoever and accordingly Puâ—…shments have been appointed â—…or it of the highest and severest extremity He told them our Ancestors thought it Wisdom to enact and declare what should be accounted Treason and enumerated several Acts of that nature at length he came to an Act made the 13. of this present King That if any one should câ—…pass imagine or intend the Death of the King or his Destruction or any bodily harm that should tend to his Death or Destruction or any maiming or wounding his Person any Restraint of his Liberty or any Imprisonment of him or if any should design or intend to Levy any War against him either within the Kingdom or without or should design intend endeavour or procure any Forein Prince to Invade these hâ—…s Dominions or any other of the King's Dominions and should sâ—…gnifie or declare this by any Writing or by any Preaching or Printing or by any advised malicious speaking or words this shall be High Treason He told them the Intention of Levying War was not Treason before this Act unless it had taken Effect and War had been actually Levyed and then as to the Designing and Compassing the King's Death that was not Treason unless it was declared by an Overt Act As to the Imprisoning or Restraining the Liberty of the King they of themselves were not High Treason but now by this Law they were made so during His Majesties Life and the very designing of them whether it take Effect or no though it be prevented before any Overt Act by the timely Prudence of the King and his Officers though it should be
timely prevented that there is no hurt done yet the very Design if it be but uttered and spoken and any waies signified by any Discourse that this was made Treason by this Act. Formerly it was said and said truly That words alone were not Treason but that since this Act words that import any Malicious Design against the King's Life or Government any Traiterous Intention in the Party such words are Treason now within this Act. Then as to the Indictments that were to be brought before them he advised them to consider 1. Whether the matter contained in them and which were to be given in Evidence were matter of Treason within the former or the latter Act of Parliament and if they doubted they were to enquire of the Court and they should be directed as to matter of Law And they were to examine whether the matters Evidenced to them were Testified by two Witnesses for without two Witnesses no man could be Impeached within those Laws If one man should swear to words that importâ—… 〈◊〉 〈◊〉 〈◊〉 Dâ—…sign or Intention 〈◊〉 〈◊〉 〈◊〉 time and in one place and another Testifie to Traiterous words spoken at another time and another place that these were two good Witnesses which had been solemnly resolved by all the Judges of England upon a solemn occasion 2. That they were to enquire whether upon what Evidence should be given them there should be any reason or ground for the King to call the persons to account if there were probable ground it was as much as they were to enquire into He urged pretty much to this purpose and then told them Compassion or Pity was neither their Province nor his that there was no room for that in Enquiries of such a nature that it was reserved to a Higher and Superiour Power from whence theirs was derived Therefore he required them to consider such Evidence 〈◊〉 should be given them and prayed God to direct them in their Enquiry that Justice might take place Then a Bill of High â—…son reason was offer'd against the E. of â—…esbury and Sir Francis Withcâ—… moved that the Evidence might be heard in Court Then the Lord Chief Justice told the Jury that the King's Council desired and they could not deny it that the Evidence might be publickly given and prayed them to take their places and hear the Evidence that should be given The Jury desired a Copy of their Oath which the Court granted and then withdrew after some time they returned and then the Clerk called them by their Names Then the Foreman gave the L. C. J. an account that it was the Opinion of the Jury that they ought to Examine the Witnesses in private and it hath been the constant practice of our Predecessors to do it and they insisted upon it as their Right to Examine in private because they were bound to keep the K's Secrets which could not be done if the Examination were in Court Whereupon the L. C. J. told 'em that perhaps some late usage had brought them into that Errour that it was their Right that the Witnesses were alwaies sworn in Court and surely he said Evidence was alwaies given in Court formerly That it was for their advantage as well as the King 's that nothing might be done clandestinly that by their keeping Counsel was meant keeping secret their own private Debates To which the Foreman replied That he begg'd his Lordships pardon if he were in a mistake The Jury apprehend they were bound by the very words of their Oath to Examine in private for it says They shall keep the King 's Secrets and their own Counsels That there could be no Secret in publick Then Mr. Papillion spoke to this purpose That they had heard that what had been the Custom of England had been the Law of England and if it had been the Antient Usage and Custom of England that had never been altered from time to time Divers other Arguments were used on both sides but at last the Court denied a private Examination then the Foreman told the Court that the Jury desired it might be Recorded that they had insisted upon it as their Right but if the Court over-ruled it they must submit This was likewise refused by the Court. Then Sheriff Pilkington desired that the Witnesses might be put out of Court and called in one by one but he was refused it and told it was not his Duty And Mr. Attorney General said he appeared against the King However it was afterward granted to the Jury Then was Read the Indictment against Anthony Earl of Shaftesbury for High Treason against His Majesty which being too long here to insert we are forced to omit The Jury desired a â—…ist of the Witnesses Names but they were told they would have them Endorsed on the back of the Indictment when that was delivered to them Then the Foreman acquainted the Court that the Jury desired a Copy of the Warrant by which the Earl of Shaftesbury was Committed because there might several Questions depend upon it But my Lord Chief Justice answered That was not in the power of the Court to grant for that it was in the hands of the Lieutenant of the Tower which he kept for his Indemnity and they could not demand it of him upon any terms Then Mr. Papillion moved that they might hear what the Witnesses had to give in Evidence one by one and that after the Jury might withdraw to consider what proper Questions to ask them and after might come down again which the Court granted Then all the Witnesses were ordered to go out of the Court and to be called in one by one This done Will. Blithâ—… Esq was produced and a Paper delivered in Mr. Blithwayt gave account that that Paper was put into his hands by Mr. Gwin Clerk of the Council who had seized it amongst others in my Lord Shaftesbury's house and that he had took that and others out of a Velvet Bagg which Mr. Gwin had lockt up in the great Trunk Then Mr. Gwin testified that he had the great Hair Trunk in my Lord Shaftesbury's house when he was sent there to search for Papers by Order of the Council the second of July my Lord as soon as he came there delivered him the Keys and said He would seal them up with his own Seal but afterwards sent Mr. Gwin word if he pleased he might put his own Seal that he had taken a note how he had parted several parcels of Papers that there were several sorts of them in the great Hair Trunk and there was a Velvet Bag into which he had put some Papers that were loose in my Lord's Closet above Stairs that he had put his Seal upon the Trunk and being sent another way had put it into the Custody of Mr. Blithwait The Lord Chief Justice asked Mr. Gwin whether all the Papers in the Velvet Bag were in my L. Shaftesbury's Closet and whether there was nothing in that Bag but what he had taken in
my Lord Shaftesbury's Closet to which Mr. Gwin replied that there was nothing Mr. Secretary Jenkins witnessed that that was the Paper he had of Mr. Blithwayt Some things I am forced for brevity to omit My Lord Chief Justice said Now it appears this was the Paper taken in my Lord Shaftesbury's Closet And the Paper was Read which contained the words of that commonly called The Form of an Association When it had been Read Sir Fâ—…n Withins said This Paper was very plausibly penn'd in the 〈◊〉 and runs a great way so but in the last clause but one there they come to perfect Levying of War for they do positively say They will obey such Officers as either the Parliament or the major part of them or after the Parliament is Dissolved the major part of them that shall subscribe this Paper shall appoint The Foreman of the Jury enquired what Date that Paper was of and whether there were any hand to it to which Sir Francis answered that it was after the Bill for Exclusion of the Duke of York for it says that way failing they would do it by force as to the having a name to it Sir Francis said there was none at all The rest of the Evidence were John Booth John Macknamara Edward Turbervill Dennis Macknamara John Smith Edward Joye Bryan Haynes Bernard Dennis Booth deposeth That in January last he was introduced into my Lord Shaftesbury's acquaintance by Captain Henry Wilkinson in order to get a Commission and Plantation in Carolina That the first time he went to my Lord there was my L. Craven and Sir Peter Colliton who are of the Proprietors of that Collony that after this acquaintance he had been there between Christmas and March four or five times and that he found great difficulty in his Accession to his Lordship who was cautious of what company were admitted to him that the said Earl used to inveigh sharply against the Times and look upon himself as not so valued nor respected nor in those Places and Dignities as he expected seemed discontented Particularly that the Earl of Shaftesbury should say that the Parliament would never grant the King Money nor satisfie him in those things that he desired unless he first gave the People satisfaction in those things that they insisted on before and particularly the Bill of Excluding the Duke of York from the Crown Another was the Abolishing the Statute of the 35th of Elizabeth The third was giving his Royal Assent for the passing a New Bill whereby all the Dissenting Protestants should be freed from those Penalties and Ecclesiastical Punishments that they are subject to by the present Establish'd Law That he had Established fifty Gentlemen persons of Quality that he believed would have men along with them that they were to come to Oxford at such a time that if there were any Violence offered to any of the Members by the King's Guards or the Retinue of the Court that then these men with others that other Lords had appointed should repel his force by greater force and should purge the Guards of all the Papists and Tories that Captain Wilkinson was Intrusted with the Command of these men and that these men should be ready to Assist himself and those of his Confederacy to purge from the King those Evil Councillors that were about him That particularly there were named the Earl of Worcester Lord Clarendon Lord Hallifax Lord Feversham Lord Hide which persons were lookt upon to be dangerous and gave the King Evil Advice That those Lords should by Violence be taken from the King and the King brought to London where those things should be Establisht which they designed for their Safety in those two Respects for the preserving the Protestant Religion and likewise for the defending and keeping us safe from Arbitrary Power and Government And likewise that the said Booth had provided Arms and a good Stone-Horse for himself and Arms for his Man before the Parliament Sate at Oxford That the Thursday before the Parliament was Dissolved Captain Wilkinson told him he expected that very week to be called up to Oxford with those men that were Listed with him but Saturday bringing News of the Dissolution of the Parliament it had no further Effects This was the most material of what Booth said for being straitned in Room I am forced to render it as short as I can Turbervil declared That about the beginning of February waiting on my Lord Shaftesbury to have his advice how he might come by some Monies and to gain his Lordships Letter in his behalf to the President of the Council the Earl should say there was little good to be expected from the King as long as his Guards were about him that his Lordship should say the Rabble about Wapping and Aldersgate were of that side that the rich men of the City would vote for Elections but it could hardly be expected they should stand by them in case of a disturbance for they valued their Riches more than their Cause and that at Oxford he had heard the Earl say he wondred the People of England should stickle so about Religion if he were to chuse a Religion he would have one should comply with what was apt to carry on their Cause Smith said that one time being sent for by my Lord Shaftesbury by one Captain Manly his Lordship should tell him that Mr. Hetherington had told him he was afraid the Irish Witnesses would go over to the Court Party and retract what they had said formerly that he advised him to persuade them not to go near that Rogue Fitz-Girald that great Villain that is pampered up and maintain'd by the King and the Court party to stifle the Plot in Ireland and that the Earl had further said That if the King were not as well satisfied with the coming in of Popery as ever the Duke of York was do you think the Duke of York would be so much concerned for the bringing in of Popery as he is That a little before my Lord went to Oxford he should tell the said Smith there were great preparations made and a great many gathered together upon the Rode be tween London and Oxford and Smith asking his Lordship what it might mean my Lord should answer that it was only to terrifie the Parliament to comply with the Kings desire which he was sure the Parliament would never do That they were now more resolute than ever That they clearly saw the Kings aim was to bring in Popery That they had the Nation for them and might lawfully oppose him and he would meet with very strong opposition for that all that came out of the Country should be well Hors'd and armed and so they should all be That the City had resolved to bear the charge of their Members and send so many men to wait on them and that he would be hang'd before he would ever bring in Popery or any thing of that nature Bryan Hains deposed that among