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should be any ways obstructed or hindered for Booth. No, my lord, I came down but now, want of discipline and conduct, or any evil- Shepherd. My lord, we desire a list of their minded persons under pretence of raising forces names, that we might know who is here, and for the service of this Association, should at- who is not. tempt or commit disorders; we will follow Mr. Godfrey. This man hath been here all such orders as we shall from time to time re- this wbile, and all the others may be here for ceive from this present parliament, whilst it aught that I know, shall be sitting, or the major part of the mem- Šir F. Withens. In the first place gire an acbers of both Houses subscribing this Association count what discourse you have had with my when it shall be prorogued or dissolved; and lord Shaftesbury, obey such officers as shall by them be set over L. C: J. Speak out, that the jury may hear us in the several counties, cities, and boroughs you. until the next meeting of this or another par- Booth. I will speak as loud as I can. In liament; and will then shew the same obedience the month of January, about the middle of Jaand submission unto it, and those wbo shall be nuary last, I was introduced into my lord of it.

Shaftesbury's acquaintance by one captain “ « Neither will we for any respect of persons Henry Wilkinson. I say, I was introduced or causes, or for fear, or reward, separate our into my lord Shaftesbury's acquaintance by one selves from this Association, or fail in the prose- captain Henry Wilkinson. This captain Wicution thereofduring our lives, upon pain of being kinson is a Yorkshire gentleman, he has known by the rest of us prosecuted, and suppressed as me above twenty years, and he and I have had perjured persons, and public enemies to God, familiar conversation a long while ; so waiting the king, and our native country.

upon my lord Shaftesbury, our first business ""To which pains and punishments we do vo- that we went about was, captain Wilkinson did luntarily submit ourselves, and every one of us pretend to receive a commission from my lord without benefit of any colour or pretence to ex- Shaftesbury, and some others of the lords procuse us.'

prietors of ihe palatinate of Carolina to be their “ In Witness of all which premisses to be in that journey was like to be very hopeful, and

deputy governor; and he told me the prospect of violably kept, we do to this writing put our that his interest was good, and that he could hands and seals, and shall be most ready to accept and admit any other hereafter into this So- procure me a commission, and such a number

of acres for quality and quantity as I did desire: ciety and Association."

and he said he did not design to go over im. Sir F. Withens. This paper is very plausibly mediately in his own person, but he would send penned'in the beginning, and goes a great way bis eldest son, and his youngest son, and if be so, but in the last clause but one, there they went, he would return again as occasion should come to perfect levying war; for they do posi serve. I consented to him in all this, and we tively say, they will obey such officers as either discoursed it divers times together, and we were the parliament or the major part of them, or to my lord Shaftesbury on purpose to receive after the parliament is dissolved, the major commissions in order to this purpose. The part of those that shall subscribe this paper shall tirst time I went there was the earl of Craven, appoint; they will obey all such oficers. sir Peter Colleton, and one Archdell, a quaker ;

Foreman. Pray, what date is this paper of? I thought bjin a quaker because he kept bus

Sir F. Withens. It was after the bill for the hat on, when the rest of the Lords stood bare exclusion of the duke of York, for it says, that in civility to him. We discoursed the thing way failing, they would do it by force. about Carolina. After this, and before, captaia

Foreman. There is no hand to it at all ? Wilkinson and I had several discourses about Sir F. Withens. No, nene at all. One thing the juncture of affairs in these times, though I had forgot, that they would join to destroy I knew bim to be an old royalist, and the mercenary forces about London, which is that served his majesty and his late father downright levying war against the king and very much in the wars ; yet being u. his guards.

der great disappointments of preferments at Mr. Saunders. The design of it is pretended couri, and missing the reward he expecie

! to oppose popery and arbitrary power, and des from the king, his heart was turned another troy the papists; but that doih not seem so way, and he had repented himself of those seemuch in it's self: but when you have heard vices he had done for the king, and was becunia the evidence you will hear who were the pa- a man of another opinion; and there was solte pists that were to be destroyed by this army. inducements upon me that I was inclined John Booth.

the same opinion : So he expressed himself to

my lord, and so from one thing to another #2 Jury. He has stood in the face of the court went on in discourse, and related the several all this while. L. C. J. When did Mr. Booth come down ? | the disappointments of the people, and tbe

parliaments, and the proroguing them, and Jury. He was here before we went up, my fear of popery and arbitrary power: And this lord, and hath been here ever since.

was not done once, nor twice, nor ten tiines : L. C. J. Look ye, gentlemen, they tell you for I cannot enumerate them, for we kept : ke was carried away and came down but now. continual club, and conversed together factio Jiarly near three quarters a year. After this, safety, and that they judged it dangerous to tirst acquaintance with my lord Shaftesbury at go to Oxford, where they were sure the guards, his house, I did frequently go with captain the retinue of the court, and the assistance Wilkinson, and between Christmas and March of the scholars (which usually incline to the four or five times : And I observed this, that crown) might so over-awe the parliament, when we came to my lord Shaftesbury's they that they might not so freely proceed in a way were cautious in our accession: In the first for the public good as they intended; and place it was to be known by some of the ser- therefore he and others had considered with vants, who he was in company with: And in themselves, that it were fit for them to have the second place the names were sent up, who guards, and send them thither ; and to this they were that were to speak with him: Some- purpose he had established a matter of fifty times we had an alehouse at the Bell in the men, persons of quality, that he believed same street : (I forget the name of the street) would have men along with them ; and he inwe staid at the alehouse till we had a fit time, trusted captain Henry Wilkinson with the captain Wilkinson had acquaintance with his command of these men, and they were to come porter and his gentleman of his chamber: And to Oxford at such a time, and if there were any so we often discoursed. And from the concerns breach between the king and the parliament, of Carolina we fell to matters more public or any violence offered to any of these memconcerning the state. I remember he would bers by the guards, or retinue of the court, use to inveigh sharply against the times, and that then these men, with others that other look

upon himself as not so valued nor so res- | lords had provided, should repel his force, by pected, nor in those places and dignities as he greater force, and should purge the guards of expected he should be, and seemed to be dis- all the papists and tories, and such as were contented, and he did fear popery would be in- against the Protestant religion, and the estatroduced, and arbitrary power: And when blished laws of the land; and likewise these parliament-men were to be elected, there came men should be ready to assist himself, and every week news, bringing particulars of such those other persons in his confederacy, to boroughs and counties, as had made particular piurge from the king those evil counsellors elections for members for parliament; whe- which were about him; particularly there ther knights, citizens, or burgesses : And he were named, the earl of Worcester, my lord would often consider that parliament that was Clarendon, my lord Hallifax, my lord Feverto sit at Oxford, what they were as to their in- sham, and Mr. Hide, now lord viscount Hide: clination and dispositions: And he said, they And ithese persons were looked upon to be would insist upon the same things the other dangerous, and gave the king evil advice, and parliaments before had done. Particularly he made him continue so very deaf to what the said the parliament would never grant the king parliament urged him to ; and therefore they aby assistance of money nor satisfy him in said they would not only purge the guards, those things that he desired, unless he gave the and repel that force by a greater force, but also people first satisfaction in those things that take those Lords by violence from the king, they insisted on before, and he believed and bring the king to London, to the chief mewould insist upon after ; and particularly tropolitan city, where those things should be esthe bill of excluding the duke of York tablished, which they'designed for their safety from the crown : Another was the abo- in these two respects, for the preserving the lishing the statute of the 35th of Eliza- protestant religion, and likewise for the keepbeth: And the third was giving his royal as- ing and defending us safe from arbitrary power sent for the passing a new bill, whereby all and government. Upon this captain Wilkinson dissenting protestants, nonconformists, or what did desire me that I would be one of those you will term them, should be freed from those under his command: This I did consent to. penalties and ecclesiastic punishments that And he requested me further, that I would they are subject to by the present established provide for myself horse and arms; and likelaw: And he said, 'if these and some other wise arms for my man, and he would provide wholesome laws and bills were passed by the me a horse for my man. I did accordingly royal assent of the king, he believed that when provide arms for myself

, and a good stonethe people had received this security and satis- borse for myself, and arms for my man before faction, that they would be very willing to the parliament did sit at Oxford. I think the grant the king such accommodations of money 23d of March, I do not punctually remember by way of assessment, or so, as his necessary the day, and when the parliament was set, we occasions should also require: but without this enquired and heard how things went on, and he believed, there would be a breach between the found that it was as my lord Shaftesbury had king and the parliament, and that they had or- predicted, that the parliament did insist upon dered the parliament should meet at Oxford, those very things that be told they would do, and not at this metropolis at London, where but never believed or imagined they would be they might go on without fear of being over- soon dissolved. Upon Thursday before the awed : That this was an intention to awe the parliament was dissolved, captain Wilkinson parliament.

But he said, bimself and divers told me, he expected that very week to have a doble lords, and members of the House of Com- summons to go up to Oxford with those men Inons had considered themselves and their own that were listed with him; but then Saturday's


news came of the dissolution of the parlia- | and when I did discover it, I do here in ment, and therefore it took no further effect. the presence of God declare, that no morta! The whole matter, the main design was this, did know any thing of what I had to say, that

my lord Shaftesbury should have so many in reference to the king ; nor did I make men to attend him there for the security of his any more applications in the world, but person, and likewise to repel the force of the took pen, ink, and paper, and writ it down, king's guards, or any other persons that fol- and sealed it under a cover, and sent it to the lowed the king ; and also to remove from him council. those five Lords, and bring the king back to Sir Fr. Withens. Gentlemen of the jury, London, to establish those laws that I have would you ask him any questions ? mentioned.

Papillon. The jury told your lordship beSir Fr. Withens. Pray what time did you fore, that after all had been examined they discover this?

would consider what questions. Booth. About six weeks ago.

L. C. J. Where would you have these witSir Fr. Withens. Had you any discourse nesses that have been examined to stand ? with the earl of Shaftesbury after captain Wil- Pupillon. We leave to the sheriffs to apkinson spoke with you, or before the sitting of point a place for them. the parliament ?

L. C. J. To keep them a-part it is utterly Bovth. I said before, that the first motion impossible, for we must have as many rooms of these fifty men that were to be mylord then as there are witnesses. Shaftesbury's guard came from captain Wil- Jury. Let one man keep with them. kinson ; but after this, when I went with L. C. J. Empty that place where they were captain Wilkinson to my lord Shaftesbury, the the last time, and let them stand there. saine thing was discoursed there. The last

Eduard Turbervile. time I was with my lord Shaftesbury, was about a week before he went to Oxford, about Sir Fr. Withens. Mr. Turbervile, have you ten days before the parliament sat, or a week, had any discourse with my lord Shaftesbury? and then I heard the same discourse from my Turbervile. Yes, several times. In Fe. ‘lord Shaftesbury's own mouth.

bruary last I am not positive in the time, but Sir Fr. Withens. Had you any other dis about the beginning of the month, I waited course with my lord Shaftesbury?

upon my lord Shaftesbury about some monies. Bwth. I say, I made three or four visits I waited upon him to bave his advice how I between Christmas and March, and we had might come by it, and to gain my lord Shaftesdiscourse every time particularly about the bury's letter in my behalf to the president of king's person, and if the king did refuse these the council to stand my friend, and he said, motions, that then these men were to be taken there was little good to be had from the king, from him, and he repelled with a greater force, as long as his guards were about him ; for, and be brought to it by force,

were it not for his guards, we would quickly Sir Fr. Withens. Did you ever make any go down to Whiteball, and obtain what terms solicitation to any to make this discovery? we thought fit. Said I, my lord, I suppose

Booth. Thus far I did, and I will tell you his guards cannot defend him from the whole the whole matter in that point ; there was one kingdom. His lordship said, that the rabble Walter Banes, an acquaintance of mine, and I were all of that side, especially the people found that he had, at Wilkinson's request, en- about Wapping and Aldersgate-Street; and gaged himself in some business that one the rich men of the city would vote for elecBrownrig, an attorney in Yorkshire, had writ tions ; but they could not expect they should to him about, concerning some men that were stand by them in case there should be any to swear against my lord Shaftesbury. I asked disturbance, for they valued their riches more Ar. Banes what men these were ? He said, he than their cause. And at Oxford I heard my thought they were Irishmen. I said, I do lord say again, he wondered the people of not know what conversation in that nature my England should stickle so much about religion, lord Shaftesbury might have with Irishmen, and that if he were to choose a religion, he for I know none of them; but I am satisfied would have one that should comply with what that he haul conversation tending to these ends was apt to carry on their cause. that you speak of with some Englishmen, Mr. Saunders. Had you any other discourse anil that I know. This Mr. Banes did take with him at any other time? particular notice of, and and be was very fre- Mr. Turbervile. I told you all that is maquen:ly upon me to tell him what the matter terial that I can say to it. was, and I gave him some intimation of it. Truly it was very much upon my spirit, and I

John Smith. could not tell whether I was able to carry it Smith. My lord, I only beg a word or two through or not, or had better to let it alone as from your lordship, of some reflections cast. it was in silence: but discoursing still more upon me. with him, and at the result of that discourse L. C. J. Go to your evidence. we had hy degrees, I did give him some inti- Smith. My lord, this is something to my mation of it. And after that, upon second evidence. thoughts, I took a resolution to discover it, L.C.J. You may take another time for that.

Smith. My lord, it hath been reported about allowance for them; for they complain much in coffee-houses and taverns, that I should of poverty. Says he, master Hetherington swear there was a general design against his has the charge of them, and hath a special majesty; and that I swore it before the king care of them, and I believe they do not want. and secretary of state; and that I also swore My lord, says I, I know nothing of that, he it at the trial of Mr. Colledge and Mr. Rowse : knows what provision he hath made for them. I take it upon my oath I never swore any such This is the thing, said my lord, that I would thing, neither can I swear there was a general have you do ; they stand in great awe of you, design by the city, or the parliament against and you must persuade them from going nigh the king

that rogue Fitz-gerald, that great villain, that L. C. J. Speak what discourse you have is pampered up, and maintained by the king had with my ford Shaftesbury.

and the Court-party, to stifle the Plot in IreSmith. My lord, I suppose it is past all land. My lord, says I, do you think the king doubt, that I have been very often with my would be at such vast charges for to bring lord Shaftesbury; and I have often in his dis- over witnesses, and at last maintain men to course observed, that be spake very irreve- stifle this Plot, for that is the way to stifle the rently and slightly of the king ; sometimes Plot in England too, as well as that? Says he, saying he was a weak man, and sometimes what is this frequent dissolutions and prorogasaying he was an inconstant man; a man of tions of parliament for, þut to stifle the Plot no firm or settled resolution; and a man that here, and to hinder the lords in the Tower to was easily led by the nose, as his father was come to a trial ? This is a strange thing, my before him, by a popish queen, which was the lord, said I, when he gave Dr. Oates, Mr. ruin of his father: this was both in public and Bedloe, and Mr. Dugdale such large allowin private. I have also observed sometimes in ances to prosecute this plot. Says my lord, his discourse, something that he mentioned of this is nothing, that may hold for a year or two, the earl of Essex ; and that the king should he may take it off when he will, but the chief declare, that the earl of Shaftesbury was not means are put by, whereby we might find out satisfied to be an ill man himself, but got over the depth of this Plot; and if Mr. Dugdale and the earl of Essex too: this the earl of Shaftes- Dr. Oates be knocked on the head, then where bury declared publicly in his own house. is this Plot? then there will come an act of obliAnother story was of the rebellion of Scotland, vion for them, and all things will be well as they that the king should say, that the earl of were before. My lord, said I, this is very strange Shaftesbury was the chief promoter of that to me. I can give you instance of it, says he, rebellion ; and when this was told my lord when I was lately in the Tower, J told some i Shaftesbury, that he should send word back saw popery coming in, and that it was hard to again to the king, “ I am glad (says he) that prevent it. I am sorry to hear it, said I, but the king sees not his own danger, nor what he what would you have me do with these Irish runs bimself into : and pray tell him, that, if witnesses ? Says he, persuade them not to go I were to raise a rebellion, I could raise an near Whitehali, nor this Fitzgerald. And said otherguess rebellion than the rebellion was in he, one thing more I would have you mind, Scotland.” But now, as to the particular Mr. Smith, that if the king were not as well points I am to charge him with ; I remember, satisfied with the coming in of popery as ever my lord, that my lord Shaftesbury sent for me the duke of York was, do you think the duke one time, and that by one Manly"; sometimes of York would be so much concerned in the they call him major Manly, sometimes captain bring-in of popery as he is ? I am sorry for it, Manly; and this man found me at Mr. Bethel's my lord, if it be so. After this I parted with club in Newgate-Street, at the Queen's-Arms ; my lord Shaftesbury, with fullinstructions from and there he told me my lord Shaftesbury him to those Irish witnesses. I met Mr. would speak with me that night. I immedi- Etherington the next morning, and I'told him ately left the club, and went to my lord that I was with my lord Shaftesbury : says he, Shaftesbury's; and I was introduced into the I know your business, and would have you dining-room, where there were two gentlemen meet us at the Sun Tavern in the afternoon. in discourse with my lord ; and as soon as he My lord, I went according the time appointed, saw me, he asked me how I did: I told and met him at the Sun Tavern between six or him I was very well, and came in obedience to seven, or eight of the clock, as near as I can his lordship's command to wait upon him; remember. When I came to them I began to for major Manly told me your lordship had a open those great and horrid crimes that I mind to speak with me: he said he had. Soon heard Mr. Fitzgerald accused of, that he was afterward, these two gentlemen went away. a man come to discover a plot, and disowned Upon this my lord turns about, Mr. Smith, it here, and retracted all he had said. said he, Mr. Hetherington was with me this told them what a crime this was. In short, morning, and told me he was afraid that the my lord, they promised never to go near the Irish witnesses would go over to the Court man. I parted that night and came to my party, and retract what they had said for- lodging, and the next morning Mr. Hetheringmerly. My lord, says I, I now no person ton and one Mr. Bernard Dennis came to my can better and with more ease hinder that lodging and told me, that this Bernard Dennis than your lordship, by procuring some small was ready to give in information against Fitz


gerald, that he had tampered with him to for- , whilst they sat, and that the nation stood by swear all he had swom before, I went pre- them, and that they did represent the nation, sently with Mr. Hetherington and Mr. Dennis and that for his part he and all bis friends would to my lord mayor, who was then sir Patiente | do it to the utmost of their power, and, as old Ward; after we had told the business to sir as he was, he would be one that would oppose Patience Ward, sir Patience asked this Dennis it to his power. My lord, said I, we can ex: if there were any other persons present. Yes, pect nothing but confusion from this parliament says he, there was. Says sir Patience, you are in this nature, for then we shall be involved in upon your oath, if you know not the nature of another civil war, nothing else can put an end an oath, I will tell you. The information was to our miseries, or make this nation a settled drawn up; the copy of this information I carried nation, but a civil war. Theo, my lord, said I, to my lord Shaftesbury and shewed it him, he by this means we shall make an end of moread it, and was very well pleased with it, and narchy, or else enslave the nation to popery said, Mr. Smith, don't you see the villainy of for ever. No doubt of one, says he, but we that man and that factious party, and that the are sure of one, for the nation is of our side, king runs the same steps as his father did before and the city you know how they are, and him, how can any thing of this nature be done where-ever they strike, I am sure the nation without the king and the court pampered him will, and this I'll stand and die by. This is up? My lord, said I, I think now the thing is the substance of what I have to say against my clear. "Ay, says he, these are the very same lord Shafiesbury, and upon the oath I have steps that his father followed when he was led taken, I am sure I have not added a word. by his popish queen, and the poor man doth One word more I have to say, it is reported I not see his danger. I parted from my lord, have been hired and suborned, I do admire why and came and gave an account of this very dis- this city of London, where there are as worthy course to the club in Newgate-street, and they men, and as great lovers of the king and gowere glad of it, and I told what my lord Shaftes- vernment as any in the world, should say any bury said, that the king would never be quiet such thing ; I was never suborned by then, till he came to his father's end, he followed the nor never took a farthing of their money, nor same steps. Another thing that I have ob- never took a farthing of the king in my life. served particularly before the parliament went L. C. J. Who supposes it? to Oxford; I went to see him, and we fell into Smith. It is in print, my lord, it was in the some discourse, and my lord said there was book that came out last night; it is supposed, great preparations made, and a great many ga- my lord, for it is in print. thered together upon the road between London L. C. J. I had reason to expect that there and Oxford. My lord, said I, what is the was no such objection. meaning of that ? Any body may see, says he,

Brian Haines. that is only to terrify the parliament to comply with the king's desire, which I am sure the Mr. Suunders. Give your knowledge of what parliament never will, for we are as resolute discourse you have heard concerning my lord now as ever ; and more resolute, for we see Shaftesbury. clearly what the king aims at, and that is to Huines. Sir, I have heard him vilify the king bring in popery : which I told several years very often, and he told me about the Narrative ago, and when I was last in the Tower; but that I made about sir Edmundbury Godfrey's says he, we have this advantage of him, if he death, Mr. Ivy and I went to him one day and offer any violence to us, (for we expect it) that he spoke to me of it, and I desired hiin not to we have the nation for us, and we may lawfully expose my person to the king's anger, for I was oppose him, and he will meet with a very strong sure he would never grant a pardon to any ban opposition ; for all that come out of the coun- that impeached the earl of Danby. Says le, try, shall be well horsed, and well armed, and do not fear, if he doth not grant you a pardon, so we shall be all ; and here is the city which he makes himself the author of the plot; and, now has a question in debate among them, says he, the earl of Essex, my lord Masfield whether they shall bear the charge of their and I, we do all resolve if you put it in writing, own members or no, but they are willing to do we will go to the king, and beg a pardon of his it, and send so many men to wait on them, and majesty for you, and if he doth not grant it, we if we oppose the king, as we may do, for it hath will raise the whole kingdom against him; for, been done in former times, the whole nation is says he, he must not expect to live peaceably to stand by us, and as I said when I was in the in his throne, if he doth not grant it. For be Tower, I would die, before I would ever bring makes himself author of the plot. in popery or any of that nature.

My lord, said I, he hath dissolved so many Jury. Repeat that again.

parliaments for the sake of the earl of Danby, Sinith. He said, that the king, if he offered and prorogued so many parliaments, therefore any violence at Oxford to the parliament, he he will never grant me this pardon.' Says be, would meet with a strong opposition, and that do not fear, it is the best pretence we can have the gentlemen that came out of the country in the world, and if you will but put it in wriwere well provided with horse, arms, and men, ting, and let me read it, that I may give my to oppose him, and that they might lawfully do opinion of it, the work is done ; and if he doth it if the king offered any violence to them not do it, we are prepared to raise arms against

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