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Foremun. Did you never hear my lord speak Booth. My lord, I cannot go in safety here treason in aný house but his own?

for the tumult. Booth. I never had occasion to hear this L. C. J. Let officers secure him: Mr. discourse from my lord, but in his own house : Sheriff, look to him, that the man be secure I never waited upon him in any other house. and sate; I will require him at your hands

Foremun. Was you never desired to be a else. witness against my lord Shaftesbury ?

Sheriff Pilkinton. What should I do? Pooth. Not till I intimated something of it. L. C. J. Send your officers to protect him, Foreman. Who was that to?

as becomes you, that he may be secured from Booth. That was to Mr. Banes; I told you the rabble here. Foreman. And what then ?

Mr. Turbervile. Booth. When he told me of this business Foreman. Mr. Turbervile, when you had with the Yorkshire attorney, Brownrig, I did this discourse with my lord Shaftesbury, who say again, I did not know what my lord had was present with you? done, as to any thing of Irishmen, but I was Turbervile. One of his servants; truly I şure there was something as to Englishmen, cannot tell his name. as to that purpose.

Foreman. Nobody else? Foremun. Did he propose any reward, or

Turb. I know the name of none of his serany thing of that nature !

vants, but Mr. Sheppard; I cannot remember Booth. Not a farthing; for I think he had any body else. no commission to do it.

Foreman. Did he carry you up to my lord? Foremun. Are you acquainted with one Cal- Turb. It was he, I think, told me I might go laghan and Downing, two Irishmen?

in: I was in the dining-room. Booth. No.

Foremun. What time was this? Mr. Godfrey. Were you never in their com- Turb. In the morning. pany ?- Booth. Not that I know of.

Foreman. What time was it when you had Mr. Godfrey. Did you ever hear their names? this discousse with my lord Shaftesbury? Booth. I do not know that I have. Foreman. Were you in their company lately?

Foreman. "What time in February ? Booth. Not as I know of. I do not remem- Turb. About the beginning ; I cannot tell ber either their names, or their persons, nor do exactly to a day. I know them from other men:

Foreman. How long was this before you Foreman. Do you know one Mr. Shelden ? | communicated this to any body? Booth. No.

Turb. It was about the 4th of July. For emun. Do you know one Mr. Marriot ? Foreman. Then you concealed it from

Booth. No, Sir: I bave heard of one Mar- February to July: Who did you communiriot that did belong to my lord duke of Nor- cate it to first of all ? folk.

Turb. The first deposition I gave was to Forernan. When were you in his company? Mr. Secretary. Booth. Never that I know of.

Foreman. Which Secretary? Foreman. Has nobody discoursed you from Turb. Secretary Jenkins. him? - Booth. No, pobody,

Foreman. Pray, what room was it you had Foreman, Did you never hear of any wit

this discourse in ? nesses be sent to his tenants ?

Turb. Sir, it was the room at the upper end Booth. I have heard from Banes about of the dining-room; I think tbey call it Brownrig, about Irish witnesses.

the dining room; at the upper end of the Mr. Godfrey. Did you never hear of any room, and turns on the left-hand, where he Irish witnesses sent down by Mr. Marriot to lay: the isle of Ely?.

Foremun. Did you meet with no body about L. C J. We gave you all the liberty in the the beginning of July, after my lord's comworld, hoping you would ask pertinent ques- mitment, and tell them, when you were chaltions, but these are trilles. I did not expect lenged and told you were to be a witness that any w se men would have asked these against him, as you were alive you knew no questions. Mr. Godfrey, was it to the purpose, such thing? whether Mr. Marriot sent any Irish witnesses Att. Gen. My lord, this is not to be allowed: to his tenant, or no? What is ihat to this busi- This is private instructions which the jury are

not to take. Foreman. My lord, I have it under the liand Foreman. No, Sir, it is not private instructhe clerk of the council.

tions. Did you not speak such words to WalBooth. Pray, Sir, did any inform you that liam Herberi? I had any correspondence with this man? L. C. J. Have you had any information

L. C. I. Nay, Sir, you most ask no ques- concerning this to Mr. Herbert ? tions.

Forcmun. My lord, I have, a long time ago. Mr. Godfrey. Mr. Booth, do you go under My lord, such a person did tell me so and so, no other name but Booth ?

and set down the day; and he then said he Booth, No, nor never did in my life. was very angry with him for it,



you against him?


L. C. J. Look ye, gentlemen, what dis- | to speak the truth of what I knew, I did it course you

take at random in every coffee- voluntarily, "house, is that fit to be brought in when treason Mr. Papillon. You did it voluntarily? is in question against the king's life? Are Turb. I did, I will assure you. these coffee-house discourses, do you think, Mr. Papillon. Do you know any thing more ground enough for you to caval at persons, be than what you have said here? cause you have heard this discourse in a coffee- Turb. No, not one tittle. bouse?

Mr. Papillon. Mr. Turbervile, I desire to be Foreman. My lord, I never was in a coffee- satisfied in one thing, whether my

lord Shafteshouse in my life with Mr. Herbert; but he bury was committed before or after your infordeclared this to me some months ago.

mation ? L. C. J. And you think this is ground Tærb. Truly, Sir, I cannot tell positively, as enough for

to that point, but I believe it was before ; I Mr. Papillon. My lord, we only ask this cannot tell. question, Whether he hath not contradicted Mr. Papillon. Did you hear my lord speak this, or said the contrary to any body else? these words in any other room or place ?

Turb. I do not remember that ever I spake Turb. No, indeed, I did not. one word to Mr. Herbert in my life ; and I can Mr. Papillon. It was about the 4th of July, give you one reason : For I was discarded by you say, your depositions were taken ? all people of my lord's interest at that time? Turb. About that time; I suppose the 4th And if I had given under my hand that I had of July-1 hope your lordship will take care known nothing against him, I believe I might that we be not knocked on the head. have been in their

favour as much as before. L. C. J. That we give in charge to Mr. Mr. Papillon. Were not you one that pe- Sheriff ; and see you do take care of the king's titioned to the common-council in London ?

witnesses at your peril. It is a reflection, not Turb. I did, Sir.

only upon the government of the city to suffer Mr. Papillon. And did not you declare then, these disorders, but upon the whole kingdom ;

you were tempted to witness against your therefore, Mr. Sheriff, look the witnesses come conscience ?

by no hurt. Turb. I believe I never read the petition :

Mr. John Smith. It was drawn by the order of Mr. Colledge, by a man that lives about Guildhall ; by a scri-' Mr. Papillon.. Mr. Smith, the jury ask you Fener about Guildhall; and I signed that pe- a question, whether or no you did not use to go tition, but never read it, nor kuew what was by the name of Barry ? in it.

Smith. Sir, what names I have gone by is L. C. J. Mr. Richardson, any you officers; not pertinent to this purpose; I tell you I have watch by those men that make a noise, and gone by several names, as all popish priests do. bring me in one to make an example.

Mr. Papillon. Did you never go by the Turb. My lord, I go in danger of my life, name of Barry ? for the people threaten to stone me to death, Smith. It may be I might; I have gone by and I cannot go safe to my lodging.

several names, as all popish priests do. Mr. Pupillon. What was your design in L. C. J. Did you ever go by the name of signing that petition ? What did you look for? Barry ? Turb. The design was, that the city should Smith. I did, my lord; it is usual for popish

priests so to do. Mr. Papillon. Were you in a poor condi- Mr. Papillon. What religion are you of, tion?

Mr. Smith ? Turb. Truly I was not very poor, though I Smith. I am a Protestant, Sir. was not over full of money.

Mr. Papillon. How long have you been a Mr. Papillon. It is a strange thing that you Protestant ?-Smith. Many years. should petition for relief, if you were not in Mr. Papillon. When were you first con

verted ?-Smith. First converted ? Turb. We were told by some members of Mr. Pupillon. Ay, to the Protestant relithe House of Commons, that there was a vote gion: you say you have been one many years ? in the House of Cominons ready to pass,

Smith. I have been a Protestant, and was that the city should advance money for the perverted to the popish religion, and afterwards support of ibe witness's, and if we would became a Protestant again. petition that they would answer the design of L. C. J. Bring in one of those men that make

the noise. Cannot you bring in one of them ? Mr. Papillon. What members were they? Mr. Papillon. When did you receive the

Turb. 'It was a member of the House of Sacrament ?
Commons that told me so, I will assure you ; Smith. I believe not above three months ago,

as the rector of Bow Church will inform you: Mr. Papillon. Did never any body move I have it ander the church-wardens bands in you or desirè you to be a witness in this case other places in London. against my lord Shaftesbury ?

Mr. Papillon. Have you been desired to be Turb. Nobody in my life. When I came a witness, or did you do it voluntarily?

take care of us.


the parliament.

two of them.

my lord.

Smith. Never desired, I declare it ; I did it it was about the time when Hetherington west voluntarily myself.

thither. Mr. Papillon. When did you give in your Smith. Truly, I will answer that as puncevidence first ?

tually as I can; the month or day I cannot Smith. Truly I cannot exactly tell when I well tell, but the person that came from me gave it in ; I did not keep an account of it. was major Manly ; and he came to Bethel's Mr. Papillon. What month ?

club; what time that was, I cannot say; but Smith. I cannot tell.

if you please to inform yourselves of those Mr. Papillon. Was it before my lord was gentlemen that I name, I believe they will tell committed, or after ?

you Mr. Bethel was there present, and knew Smith. I believe it might be a little after. very well I went to my lord Shaftesbury that Whether it was before or after, I cannnot ex- night, and returned to the club again. actly tell.

Mr. Godfrey. Was it in the evening or the Mr. Papillon. To whom did you give your worning ? information ?

Smith. Mr. Godfrey, clubs are usually at Smith. My lord, they commanded the people night, I suppose ; you know that was. to stone us to death.

Mr. Papillon. Where did you see my lord L. C. J. Who did ?

Shaftesbury ? Smith. Several persons: and when we were Smith. It was in his dining-room. at the tavern, Dr. Oates's man came out and Mr. Papillon. Did you hear these words in gave the rabble a bottle of wine, and bid them any other place, or at any other time, or any knock us down.

treasonable words against the king ? L. C. J. Do you know what the man's L. C. J. Look you, gentlemen, he told you "name is ?

of several other words at several other times, Dr. Qutes. I know nothing of it, my lord. Mr. Papillon. But he said all at his house, L. C. J. What is your man's name? Oates. I keep half a dozen men, my lord. L. C. J. Ay, but at several times.

L. C. J. I hope you keep no men to affront Smith. I know, Mr. Attorney, what the the king's witnesses ?

gentlemen would be at very well. Oates. No, my lord, it is a mistake, I know L. C. J. Answer them whether you did hear nothing of it; we went thither to refresh our- him speak any words that you conceive tree selves.

sonable at any other time? Mr. Papillon. Mr. Smith, who did you give Smith. I did not, indeed. your information to ?

Mr. Papillon. In another place? Smith. What information ?

Smith. I do say I did not. Mr. Papillon. The first information.

Mr. Papillon. Did you petition to the comSmith. My lord, am I to answer to these mon council?- Smith. No, Sir, I never did. questions ?

Mr. Papillon. Are you an Englishman er L. C. J. Aye, answer them ; tell them. an Irishman ?

Smith. My lord, the information I gave in to Smith. That is no matter, no more than if I secretary Jenkins ; but I gave notice long were a Frenchman or a Dutchman, before of what I intended to do to other per- L. C. J. Give them an account whether you

are an Englishman or an Irishman ? Mr. Papillon. When did you hear these Smith. My lord, I beg your lordships words ; speak to the time exactly?

pardon for that; if I were an Irishman, wheSmith. Which words do you ask ?

ther thereupon my evidence would be preMr. Papillon. Those you mentioned even judiced.

L. C. J. Look you, Mr. Smith, I do hope the Smith. Sir, if you please, I know you take gentlemen of the jury have more discretion all in short-hand ; if you ask me what words, among them all, than to think that an Irishman I will tell you ; for if I do not express myself is not a good witness, I hope they are not in the same words as before, you will take hold of me.

Smith. My lord, if you please ; whilst I L. C. J. I will tell you this ; this may be was in the city amongst them, I never petian ill question, for he told you, he had dis- titioned to thie city : I never had a farthing coursed my lord Shaftesbury at great many from them, nor ever spake to any for it: times, and that at some times he said these never had any occasion for it; but if I had, it words, at other times other words, and for you is probable I have enough in England, and to catch him upon a question, it doth not shew other places, without being beholden to your a fair inclination.

common-council. Mr. Papillon. My lord, under your lord- L. C. J. Will you ask him any more quesship’s favour, we only desire to discover the tions ?--Jury. No, no. truth, we are not for catches.

Mr. Papillon. Is Mr. Smith gone? I would L. C. J. Ask him then, which of the words ask him one word : we would fain know what you would have him declare the time of, and allowance you have, or what you receive

, i he will tell you?

you have any allowance from any body? Mr. Papillon. Let him speak his own words, Smith, From whom ?



such persons.

Mr. Papillon. Nay, I know not from whom: or otherwise to turn the kingdom into a comI ask whether you have any from any body? monwealth.

L. C. J. Look ye, gentlemen, is that a ques- Mr. Papillon. Fitz-gerald told you this, and tion that is pertinent ? I wonder you will go so you made aftidavit of it ? to such questions: we allowed you to ask Haynes. Yes, before sir George Treby. questions yourselves, because we look upon Mr. Papillon. What time ? you as men of reason.

Haynes. It was before the parliament met at Mr. Pupillon. My lord, I do not know but Oxford, it may be a proper question to ask himn, if he Mr. Papillon. So you say the words were: have any allowance from any man upon this when were the words spoken that you men. account?

tioned ? L. C. J. Upon what account ?

Haynes. The words against my lord ? Mr. Papillon. Upon this account: If he says Mr. Papillon. Ay. he has none, it is an answer.

Haynes. He spake them to me a little before L. C. J. Do you intend your question, whe- I made affidavit: I cannot tell positively the ther he is bribed to give evidence? If you mean time? so, speak plain.

Mr. Pupillon. That was before his commitMr. Papillon. We ask if he have any allow- ment. ance ?

Haynes. Yes, yes, my lord was committed Smith. You do not ask me how the 6 or 7001. in June last; this affidavit was ade in March was made up.

last, before the Recorder of London. L. C. J." You that are upon your oaths L.C. J. North. When you ask him about should have a care what you do.


information of the design against my lord Bryan Haynes.

Shaftesbury, he that was in March last;


and when you ask him about the evidence he Mr. Papillon. Mr. Haynes, when did you gives now, that was the same day he was apgive in your information upon this matter ? prehended by the messenger. Haynes. Against the earl of Shaftesbury, Mr. Papillon. About June you say it was,

that you say you gave in the information Mr. Papillon. Ay.

against my lord Shaftesbury ? Haynes. The day that I was taken by the Huynes. The information I made against messenger.

the lord Shaftesbury was in June last, the 28th, Mr. Papillon. That was before my

as I take it, of June last. committed, was it not ?

Mr. Papillon. Where was it you had this dis. Haynes. Yes, Sir, it was before my lord was course ? committed.

Haynes. I had several conferences with my Mr. Papillon. Did you ever make any other lord. information to a justice of the peace?

Mr. Papillon. Did he every time say the Haynes. Not of my lord of Shaftesbury.

same? Mr. Papillon. Nor touching this matter ? Haynes. The last time I spake with him was Huynes

. No, not any information upon oath : in Ironmonger-Lane: For Whitaker told me 1

may have discoursed with a justice of the he would speak with me, and he would fain have peace.

me explain myself what I did mean by the tall Mr. Papillon. Did not you give in an infor- man I mentioned in the Narrative ; and I went mation of a design against the earl of Shaftes to the house, and they told me he was there,

and I sent up a note, and he desired me to come Haynes. To none but Secretary Jenkins. up; but I sent word I did not care to come up Mr. Papillon, You understand the question ;) because I would not be known; and so he sent whether you did give no information of a design me word to meet bim after dinner ; and when against my lord Shaftesbury to some justice I came, my name is Haynes, my lord, said I ;

and I led bis lordship by the hand and went in Haynes . No, no, to none but Mr. Secretary there. I had, I believe, a whole hour's dis

course with him : and pray, my lord, said I L.C. J. You do not observe his question : among other questions, what religion is the did you ever give to any justice any infor- king of? Truly, says he, Mr. Haynes, he hath mation of a design against my lord Shaftes- no more religion than an horse; for, saith he,

they say, Sir, he was inclined to popery when Haynes. Yes, my lord, I did, to sir George be came first to England

; says he, he had a Treby ; I made affidavit before him.

tincture of Popery, and was much inclined Mr. Papillon. When was that ?

that way ; but since he was degenerated from Huynes. I think it was in March last. all the principles of christianity, for he is just Mr. Papillon.

What was that design against like a perfect beast. by lord Shaftesbury?

Mr. Papillon. This, you say, was in IronHaynes. The design was what Mr. Fit - monger-Lane. gerald told me ; he told me he gave under his Haynes. Ay, Sir, at a pastry-cook's shop. hand to the king,

that the earl of Shaftesbury Mr. Pupillon. What time was it ? did resolve to set the crown upon his own head,

Haynes. After dinner in the afternoon,

lord was


of the peace?




Mr. Papillon. In June, or when ?

Mac. In April. Haynes. I cannot tell what time positively; Mr. Papillon. When did you give the inforit was about the time of the Trial of Fitz- mation of this? barris.

Mac. I cannot exactly tell Sir. Mr. Papillon. Was it the same time he spake Mr. Papillon. Repeat what you said. about the duke of Buckingham ?

Muc. That the king deserved to be deposed Haynes. No, no.

as much as king Richard the second, and that be Mr. Papillon. When was that?

took the dutchess of Mazarine's advice in every Haynes. That was when I was with him at particular, which was the worst of womankind. bis own house, and desired him not to expose Mr. Papillon. What time in April was this?

Muc. It was in the beginning of April. Mr. Papillon. What time?

Mr. Papilion. Where? Haynes. I cannot tell, Sir, for I never thought

Mac. In his own house. I should be called to an account for it, and I Mr. Papillor. Who was present? cannot keep an almanack in my head; and I Mac. There was Mr. Ivy by. desired them not to expose me to the king'sfiry, Mr. Papillon. When did you make informafør I heard the king was displeased with me.

tion of this? No, says he, you are mistaken, this is the best Mac. I cannot tell, it was a good while ago. opportunity we can have; and if he will not Mr. Papillon. Was it before bis cotomit. give you a pardon, we will raise the whole ment? kingdom against him in arms ; and then he Mac. Yes, Sir, it was. makes himself the master and author of the Mr. Papillon. To whom did you give infor Plot, and consequently he must expect to be mation ? ruined, unless he grant you a pardon.

Muc. To the secretary of state, Sir: Mr. Papillon. Did you ever hear any other Mr. Papillon. Which of them ? words that what you have now testified ? Muc. Mr. Secretary Jenkins, Sir.

Haynes. Yes, Šir, for I discoursed with him Mr. Papillon. Did not you petition the conin Ironmonger-lane a great while, and told him mon-council, Sir, for relief ? that our only and best way to have our ends Muc. Yes, Sir, I signed a petition that was of the king, was to raise a rebellion in Ireland, drawn up, but I did not see it till it was and that I had relations and friends, and could brought me to sign. get discontented persons enough, and his lord- Mr. Papillon. Did you read it ? ship would do the work here.

Mac. No, I never read it neither." Mr. Papillon. What, did you propound a Mr. Pupillon. Nor don't know what is in it! tebellion in Ireland ?

Muc. No, nor don't know the contents of it

. Haynes. I offered to go beyond sea, and that Mr. Papillon. My lord, in that petition they now was the best time to raise a rebellion in say, they were tempted to swear against their Ireland ; and he said that was not the best cousciences, and, that some of the witnesses way, for they had other means to take, and so had made shipwreck of their consciences ; we the discourse was waved.

ask them now, and they say, they do not know Mr. Papillon. And is that all ?

what was in the petition: If we should ask Haynes. That is all I remember now. them who tempted them, and who those wil.

Mr. Papillon. Do you know of any other nesses were, that made shipwreck of their conplace or time?

sciences ; it would signity nothing ; for since Haynes. I was with him at his house. they do not know what was in the petition, it

Mr. Papillon. Were you ever a witness for is in vain to ask them any more. my lady Wyndham or against her,

Muc. For my part, my lord, I never saw it "Haynes. No, sir ; but she arrested me, be- till it was brought to me to be signed, and do cause I said I lay with her.

not know the contents of it: But I heard Mr.

College, that was executed at O ford, was John Macnamarra.

concerned in promoting the petition, by muy Mr. Papillon. Mr. Macnamarra, when was lord Shaftesbury's advice. it you had this discourse with my lord Shaftes

Dennis Mucnamarra. bury, what is the time, as near as you remember?

Mr. Papillon. Dennis Macnamarra, tell us Mac. In March and April last, Sir.',

you were introduced to my lord Shaftes. Mr. Papillon. Twice then, you do speak of? bury hen you had this discourse ? Mac. Yes, Sir.

D. Níuc. By my brother, Sir. Mr. Papillon. Which is that that was in Mr. Fapıllon. Ñ hat, he that was here last? April ?

D. Mui. Yes, Sir.
Mac. That was the last; the last discourse Mr. Pupition. Ile introduced you ?
was in April.

D. Muc. Yes, Sır.
Mr. Papillon. To what purpose was that ? Mr. Papillon. When was it?

Muc. My lord said the king deserved to be D. Muc. It was in March last; the latter deposed as inuch as king Richard the second end of March or the beginning of April

. did.

Mr. Pupillon. Cannot you' tell which of the Mr. Papillon. In April you say




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