NOW
this
Plot
for
Deposing
the
King
,
and
altering
the
Government
,
whereof
Protestants
were
to
be
Accused
and
Impeached
,
was
not
only
so
contrived
as
that
it
might
reach
most
English
Peers
and
Gentlemen
,
who
stood
in
the
way
of
Popery
and
Arbitrariness
;
but
the
Protestants
in
Ireland
were
to
be
brought
under
the
charge
and
accusation
of
it
.
For
the
Popish
Conspiracy
having
been
carried
on
with
the
same
vigour
against
the
Lives
of
Protestants
and
the
established
Religion
in
that
Kingdom
,
as
it
was
in
this
;
and
the
Parliament
here
being
so
far
satisfied
and
convinced
of
the
reality
of
it
there
,
as
well
as
in
England
,
as
to
declare
and
testifie
the
belief
of
it
by
the
unanimous
Votes
of
both
Houses
;
accordingly
the
Papists
in
both
Kingdoms
were
equally
and
by
the
same
Artifices
to
be
relieved
from
the
imputation
which
lay
upon
them
,
and
to
be
rescued
from
the
punishments
which
the
Laws
Adjudged
and
Condemned
them
unto
.
Therefore
the
Protestants
in
both
Nations
were
to
be
accused
of
having
forged
the
Popish
Plot
,
and
that
having
thereby
amused
His
Majesty
and
the
people
,
they
have
in
the
mean
time
been
fomenting
and
promoting
a
real
one
of
their
own
.
This
was
that
which
St.
Laurence
the
Priest
would
See
No
Protestant
Plot
,
First
part
,
p
,
33
,
34
,
35.
have
Hired
and
Suborned
Mr.
William
Smith
to
Swear
and
Depose
,
and
whereof
the
Evidence
was
so
strong
against
St.
Laurence
at
his
Trial
,
that
tho'
he
was
acquitted
,
yet
he
is
still
believed
by
all
impartial
men
that
heard
it
,
to
have
been
really
guilty
.
For
it
is
not
only
reported
from
thence
by
persons
who
deserve
to
be
credited
,
that
such
especially
were
returned
upon
the
Jury
,
who
were
known
before-hand
to
have
reflected
upon
Mr.
Smith
;
but
it
is
most
certain
,
that
whereas
the
Prisoner
was
allowed
five
Councel
to
plead
for
him
,
there
was
none
of
the
King's
Councel
,
nor
any
one
man
of
the
Gown
besides
,
that
appeared
in
behalf
of
the
Evidence
.
Whether
they
forbore
,
from
an
opinion
that
the
Evidence
was
so
plain
,
that
it
required
no
Plea
to
enforce
or
apply
it
;
or
whether
they
did
it
out
of
deference
to
some
great
men
,
whom
they
would
not
offend
,
by
being
concerned
in
any
thing
that
may
prejudice
the
honour
and
integrity
of
the
Papists
;
or
whether
it
was
in
obedience
to
the
commands
of
such
,
who
would
not
have
an
Intrigue
detected
,
upon
the
discovery
whereof
the
Protestants
may
come
to
be
thought
peaceable
and
loyal
again
,
as
I
cannot
certainly
tell
,
so
I
shall
not
take
upon
me
to
conjecture
and
divine
.
But
besides
that
which
was
sworn
against
St.
Laurence
by
Mr.
Smith
,
which
to
any
who
read
it
,
will
appear
either
the
copy
,
transcript
,
or
counterpart
of
what
they
have
been
doing
here
,
we
have
other
evidence
of
the
Papists
labouring
in
Ireland
to
sham
off
their
own
Plot
,
by
representing
it
as
a
Forgery
falsely
laid
upon
them
by
the
Pratestants
;
and
their
endeavouring
to
possess
the
Government
with
a
belief
,
that
during
the
noise
and
buz
which
the
Protestants
had
raised
concerning
a
Popish
Plot
,
they
were
themselves
embarkt
in
a
Conspiracy
against
the
King
and
the
Monarchy
.
Thus
whereas
one
Captain
Morley
had
appeared
before
the
Committees
of
Lords
and
Commons
here
,
and
swore
two
Consults
which
the
Papists
had
in
Ireland
,
in
reference
to
the
extirpating
the
Protestant
Religion
in
that
Kingdom
;
they
have
procured
no
fewer
than
six
or
seven
Irish
Witnesses
,
not
only
to
Depose
against
the
said
Morley
,
That
he
was
Suborned
by
the
Earl
of
Essex
,
the
Earl
of
Shaftsbury
,
Sir
Robert
Cleyton
and
others
,
to
Swear
Treason
against
the
Duke
of
Ormond
,
the
Lord
Chancellor
Boyle
,
and
Sir
John
Davies
;
but
that
he
himself
had
said
,
the
King
was
on
enemy
to
all
Protestants
,
and
deserved
to
have
his
Head
cut
off
,
as
his
Father
had
.
Here
we
have
an
Epitome
and
Abridgment
of
what
the
whole
Popish
Party
is
laying
out
their
Money
,
improving
their
Wit
,
and
employing
the
Power
and
Interest
of
their
Friends
for
and
about
.
But
why
the
Papists
should
in
all
their
Depositions
introduce
the
Protestants
affirming
the
King
to
be
a
Papist
,
and
an
enemy
to
those
of
the
same
Religion
which
he
not
only
professeth
,
but
which
he
hath
sacredly
and
solemnly
Vow'd
for
ever
to
protect
and
defend
,
I
think
no
wise
man
is
able
to
tell
;
unless
it
be
that
they
have
a
mind
to
recriminate
upon
us
,
what
they
have
been
proved
guilty
of
themselves
.
It
is
not
yet
seasonable
to
declare
by
whose
means
and
by
what
Arts
the
foresaid
Deposition
was
obtained
,
nor
how
Handland
and
Murphey
,
two
fellows
that
came
over
hither
to
Swear
the
Popish
Plot
,
were
since
their
return
transformed
into
Witnesses
to
prove
a
Protestant
Conspiracy
;
but
all
these
things
must
be
foreborn
till
his
Majesty
in
his
Princely
Wisdom
,
and
from
that
Justice
which
he
hath
hitherto
governed
his
people
by
,
and
in
the
discharge
of
his
promise
which
his
Loyal
addressing
Subjects
,
as
well
as
others
,
do
rely
upon
,
be
pleased
to
call
a
Parliament
,
and
then
both
all
these
and
many
other
things
will
be
more
fully
disclosed
and
set
in
a
brighter
light
.
In
the
mean
time
this
must
be
acknowledged
to
the
Honour
of
His
Majesty
,
and
the
Justice
of
the
Council-Board
,
that
tho
the
foresaid
Deposition
was
received
by
some
in
Ireland
with
great
fondness
,
and
transmitted
hither
not
only
with
all
expedition
and
speed
,
but
accompanied
with
an
earnest
desire
,
that
the
Gentleman
might
be
sent
thither
;
yet
the
King
and
Council
would
neither
do
so
illegal
and
arbitrary
a
thing
,
as
to
send
a
person
from
hence
to
Ireland
without
his
own
consent
,
both
born
and
bred
here
,
and
who
actually
possesseth
an
estate
in
England
.
Nor
could
it
be
done
without
great
Injustice
,
seeing
the
words
wherein
alone
the
Treason
must
lye
,
were
owned
to
have
been
spoken
above
two
year
ago
.
And
for
his
being
suborned
by
the
Earl
of
Essex
,
and
the
Earl
of
Shaftsbury
,
to
Swear
Treason
against
the
Duke
of
Ormond
,
my
Lord
Chancellor
of
Ireland
,
and
Sir
John
Davies
,
it
is
remarkable
,
that
he
never
testified
any
thing
of
that
nature
against
them
;
and
what
he
did
declare
in
relation
to
them
or
any
others
,
he
referred
himself
for
the
truth
of
it
to
the
Council-Books
of
that
Kingdom
,
or
to
such
Depositions
which
had
been
either
taken
by
the
Council
there
,
or
had
been
transmitted
to
them
by
others
.
And
as
no
man
that
is
Master
of
sense
,
and
hath
any
knowledg
of
those
two
Honourable
Persons
,
will
ever
submit
his
Faith
to
receive
so
incredible
a
thing
,
as
that
they
should
Suborn
any
man
to
swear
falsly
;
so
Mr.
Morley
,
whose
credit
infinitely
surpasseth
that
of
the
Witnesses
who
swore
against
him
,
absolutely
denies
that
they
ever
did
,
or
that
he
ever
spake
any
such
thing
concerning
them
.
But
they
that
can
first
invent
,
and
then
get
so
absurd
and
impossible
a
thing
as
Transubstantiation
received
and
believed
,
may
be
pardoned
both
in
forging
and
in
hoping
to
win
credit
to
things
ridiculously
foolish
,
as
well
as
abominably
false
.
Nor
could
so
dull
a
Fable
proceed
from
any
but
people
of
an
Irish
understanding
;
neither
will
it
obtain
with
any
men
,
but
such
as
have
renounced
Reason
as
well
as
Honesty
.
But
there
is
yet
a
third
,
and
that
a
more
signal
Instance
of
the
Papists
endeavouring
to
involve
the
Protestants
in
Ireland
under
the
guilt
of
a
Plot
against
his
Majesty
,
and
this
displays
and
unfolds
it self
in
the
Accusation
sworn
against
Mr.
Hawkins
.
The
person
charged
is
known
to
be
an
ingenious
Gentleman
,
and
one
who
hath
always
acquitted
himself
as
became
Honour
,
Discretion
and
Loyalty
;
only
it
is
his
fortune
to
be
a
Protestant
,
and
was
his
unhappiness
to
be
made
acquainted
with
some
of
the
Popish
Designs
against
the
Government
,
which
instead
of
furthering
or
concealing
,
he
communicated
to
My
Lord
Lieutenant
.
That
wherewith
he
was
charged
,
doth
in
all
things
so
quadrate
with
what
we
have
heard
Sworn
against
Protestants
in
England
,
that
we
may
boldly
say
,
they
were
all
coined
in
the
same
Mint
.
For
one
Mac-Gennis
swears
,
That
Mr.
Hawkins
told
him
,
he
went
for
England
to
establish
a
Correspondency
with
my
Lord
of
Shaftsbury
,
and
that
be
received
a
Commission
from
the
said
Earl
for
a
Troop
of
Horse
;
and
one
Mackoghlin
deposeth
,
That
he
was
to
be
a
Trooper
under
Mr.
Hawkins
,
and
that
he
had
three
pounds
from
him
towards
the
buying
a
Horse
.
The
very
counterpart
and
direct
parallel
of
what
Booth
informed
against
Capt.
Wilkinson
,
and
which
he
and
Bains
would
have
suborned
the
Captain
to
swear
against
the
Earl
of
Shaftsbury
,
and
were
both
hammered
in
the
same
Forge
.
But
as
the
Devil
and
the
Priests
inspire
the
Papists
with
falshood
and
malice
,
so
God
to
over-rule
and
defeat
their
Rage
and
Treachery
,
deprives
them
of
common
Wit
and
Understanding
,
and
gives
them
up
to
all
prodigious
folly
and
madness
.
For
as
Mackoghlin
never
spake
with
Mr.
Hawkins
but
once
,
and
that
in
the
presence
of
another
person
,
and
then
he
only
endeavoured
to
have
insinuated
himself
into
his
Acquaintance
,
which
Mr.
Hawkins
refused
to
admit
him
into
;
so
it
is
most
certain
that
Mr.
Hawkins
never
conversed
with
the
Earl
of
Shaftsbury
,
nor
so
much
as
at
any
time
saw
him
.
And
whereas
it
was
sworn
by
Mackgennis
,
That
he
should
say
he
came
to
London
to
establish
a
correspondence
with
that
Nohle
Peer
;
and
that
he
received
a
Commission
from
him
for
a
Troop
of
Horse
;
The
whole
matter
deposed
is
not
only
false
;
but
the
condition
which
my
Lord
was
at
that
time
in
,
being
a
Prisoner
in
the
Tower
,
shows
the
impossibility
that
such
an
Affair
should
be
transacted
between
them
at
that
season
.
Neverthelss
,
that
Ingenious
and
Loya
!
Gentleman
was
committed
to
the
Castle
of
Dublin
upon
that
Forged
and
Ridiculous
Information
;
and
had
not
the
Protestant
Plot
been
so
far
detected
,
as
to
be
hissed
off
the
stage
by
several
Juries
,
it
might
not
only
have
cost
Mr.
Hawkins
his
Life
,
but
laid
a
foundation
for
superinstructing
a
Conspiracy
upon
,
wherein
most
Protestants
of
quality
and
zeal
in
that
Kingdom
would
have
been
included
,
and
first
or
last
charged
with
the
guilt
of
it
.
For
there
were
no
fewer
than
between
Twenty
or
Thirty
mustered
up
of
a
sudden
to
testisie
a
Protestant
Plot
;
persons
,
who
as
they
believe
implicitely
in
matters
of
Religion
,
they
would
likewise
swear
so
for
the
Interest
and
Advantage
of
St.
Patrick
,
and
the
Holy
Church
.
And
besides
what
they
may
reasonably
be
supposed
to
receive
out
of
the
Catholick
Treasury
for
so
seasonable
and
useful
a
Service
as
the
Swearing
innocent
Protestants
out
of
their
Lives
and
Estates
,
they
had
lately
the
confidence
to
petition
the
Council
in
Ireland
that
a
maintenance
might
be
allowed
them
from
the
State
.
And
it
seems
but
just
and
equal
,
that
they
should
be
afforded
the
same
encouragement
,
which
those
listed
and
employed
upon
the
like
Service
in
England
have
;
and
that
they
should
have
some
consideration
for
the
sale
of
their
Souls
,
tho
they
will
be
so
reasonable
as
not
to
keep
up
that
Commodity
to
the
price
which
it
goes
at
and
is
valued
here
.
And
whereas
fellows
not
only
of
a
meer
Irish
understanding
and
breed
,
but
such
as
had
conversed
all
their
days
in
Bogs
,
and
whose
most
refined
and
improved
knowledg
is
how
with
handsomeness
to
steal
Horses
and
Cows
,
might
be
found
deficient
in
art
and
cunning
to
manage
this
Meritorious
work
of
Swearing
with
some
consistency
to
themselves
and
one
another
;
there
are
some
lately
arrived
there
from
hence
,
who
having
been
trained
and
instructed
here
by
the
grand
Masters
of
the
Forgery
and
Affidavit-School
,
may
be
able
to
edifie
and
discipline
those
raw
blades
in
the
necessary
Virtues
of
Perjury
and
Impudence
,
and
acquaint
them
with
the
laudable
method
of
rehearsing
the
Depositions
which
had
been
given
them
to
con
,
without
administring
any
symptoms
of
their
speaking
by
rote
.
But
their
understandings
not
being
so
docile
and
flexible
as
their
Consciences
,
they
make
daily
some
unfortunate
and
fatal
misadventure
.
And
their
having
publickly
accosted
the
greatest
persons
with
rude
and
insolent
Menaces
,
and
their
having
threatned
to
accuse
every
one
whom
according
to
their
knowledg
of
the
measures
of
the
World
,
they
do
but
apprehend
to
have
offended
them
,
they
have
already
so
enfeebled
their
Credit
with
all
sorts
of
men
,
that
they
are
altogether
become
useless
and
unserviceable
.
It
is
far
from
my
intention
to
bring
all
the
natural
Irish
under
this
Character
;
for
tho
most
of
them
who
continue
Papists
,
would
esteem
it
not
only
venial
,
but
meritorious
to
cut
a
Protestants
throat
;
yet
there
are
thousands
of
them
who
from
some
principles
of
Mankind
and
Bravery
,
do
detest
the
destroying
Protestants
in
the
base
and
creeping
ways
of
Subornation
and
Perjury
.
And
we
desire
to
be
pardoned
for
this
severe
Censure
which
we
have
fastned
upon
the
Rascality
of
the
Irish
Nation
,
seeing
besides
the
impressions
we
retain
of
them
by
the
remembrance
of
the
Irish
Massacre
,
and
the
fresher
intelligence
we
have
received
of
their
regardlesness
of
Truth
and
Justice
,
from
the
manage
of
themselves
before
the
Court
of
Claims
,
we
have
been
lately
enabled
to
form
an
opinion
of
the
Herd
and
Hive
of
that
people
,
by
the
observations
we
have
made
of
those
few
that
have
flown
over
hither
,
and
especially
by
the
little
Colony
which
Justice
Warcup
is
Governour
and
Overseer
of
.
However
as
I
rejoyce
at
the
present
stemming
that
Deluge
of
Sin
and
Misery
which
was
there
so
nearly
threatning
innocent
and
loyal
Protestants
,
had
not
some
baffle
befallen
those
suborned
Affidavit
folk
,
and
did
not
a
notorious
infamy
attend
their
testimony
;
so
I
beseech
Almighty
God
to
prevent
the
consequences
and
effects
which
the
countenancing
such
a
course
,
should
it
again
revive
and
prosper
,
would
in
all
probability
be
followed
and
attended
with
.
For
as
the
English
Protestants
in
that
Kingdom
do
throughly
know
the
humour
,
principles
and
inclinations
of
the
Popish
Irish
,
and
how
absolutely
they
are
under
the
conduct
,
and
at
the
disposal
of
their
Priests
;
so
by
being
less
numerous
than
the
Papists
,
they
are
both
more
apprehensive
of
,
and
watchful
against
ruine
and
danger
,
and
cannot
but
construe
this
method
of
destroying
them
,
as
much
more
pernicious
than
a
new
War
or
Rebellion
in
that
Barbarous
and
Bloody
people
would
be
.
But
tho
the
late
Sham
pretended
Protestant
Plot
was
so
laid
and
contrived
by
the
Papists
,
as
to
comprehend
under
the
infamy
and
guilt
of
it
,
the
chiefest
persons
in
Ireland
who
profess
the
Protestant
Religion
,
or
have
any
regard
for
the
Liberties
and
Rights
of
Mankind
;
yet
the
primary
and
main
end
of
this
horrid
Papal
design
,
was
to
ruin
and
destroy
the
Principal
Patriots
of
the
Reformation
,
and
civil
Liberties
in
England
.
For
upon
the
Fate
of
the
Protestants
here
,
depends
the
safety
or
extirpation
of
all
in
these
Kingdoms
,
who
profess
separation
from
the
Communion
of
the
Church
of
Rome
.
For
the
Protestants
are
not
only
most
numerous
here
,
and
best
able
to
defend
themselves
,
in
case
a
Massacre
should
be
attempted
upon
them
by
the
Papists
,
but
it
was
a
Parliament
in
England
that
Voted
and
Published
the
reality
of
a
present
Popish
Conspiracy
,
that
did
proclaim
to
all
the
world
the
dangers
which
his
Majesty
and
Loyal
Subjects
are
in
,
from
men
of
Papal
Principles
,
that
caused
some
of
the
principal
Conspirators
to
be
arraigned
and
condemned
,
and
which
hath
been
endeavouring
to
hinder
a
Popish
Successor
from
coming
hereafter
to
ascend
the
Throne
.
And
therefore
,
tho'
few
elsewhere
,
that
are
either
of
any
note
for
zeal
to
their
Religion
,
or
worth
saving
for
their
ardour
and
courage
for
civil
Right
,
were
to
escape
being
entangled
in
the
dangers
,
and
loaded
with
the
reproach
which
they
hop'd
to
bring
upon
all
the
Protestants
of
these
Dominions
,
by
a
forged
pretence
and
charge
of
our
being
embark'd
in
a
Conspiracy
to
depose
the
King
,
and
alter
the
Government
;
yet
it
was
mainly
the
Peers
,
Gentlemen
,
and
others
in
England
,
who
are
resolved
,
not
only
to
live
and
die
in
the
Protestant
Faith
themselves
,
but
to
do
all
they
can
to
transmit
it
as
an
inheritance
to
their
posterity
,
that
this
Sham
was
calculated
to
retch
and
overthrow
.
And
albeit
there
have
been
but
few
hitherto
named
and
accused
,
yet
could
the
Witnesses
have
been
but
once
believed
,
they
would
have
soon
sworn
all
into
the
same
guilt
,
whom
either
out
of
malice
,
or
for
the
facilitating
the
Introduction
of
Popery
,
and
arbitrary
power
,
they
had
a
mind
to
get
destroyed
.
For
whatsoever
hath
been
either
published
in
allowed
Writings
,
or
affirmed
in
Courts
of
Judi●ature
,
concerning
the
narrowness
of
this
pretended
Conspiracy
,
and
that
they
know
of
no
Protestant
Plot
,
but
that
only
a
few
discontented
,
or
desperate
persons
,
had
been
designing
Treason
against
His
Majesty
;
yet
the
matter
is
in
reality
quite
otherwise
;
and
this
is
only
alledged
to
lessen
the
horror
of
people
at
first
,
and
to
prevent
the
effects
of
their
indignation
,
should
they
understand
the
unlimitedness
of
Papal
Rage
.
Nor
have
the
Contrivers
and
Managers
of
this
Sham
,
been
Masters
of
so
much
Wit
,
as
to
conceal
the
boundlesness
of
their
Wrath
,
and
how
extensive
they
purposed
to
render
this
Protestant
Plot.
For
by
making
Oxford
the
Scene
where
the
King
was
to
be
apprehended
,
and
that
at
a
time
when
he
was
surrounded
with
all
his
Guards
,
they
do
plainly
tell
all
the
world
,
that
had
they
obtained
the
Evidence
to
be
credited
and
allowed
in
relation
to
any
one
person
of
quality
,
they
would
have
soon
brought
the
Lives
and
Fortunes
of
thousands
to
lye
at
their
discretion
and
mercy
.
Admit
but
once
that
His
Majesty
was
to
be
seised
,
when
encompassed
with
so
great
and
well
disciplined
a
force
,
and
it
will
necessarily
follow
,
that
there
must
have
been
a
very
great
number
of
Protestants
engaged
for
the
accomplishing
of
it
.
Nay
,
the
very
Depositions
of
the
Witnesses
themselves
,
as
they
are
communicated
to
the
world
in
Print
,
in
the
Tryal
of
Mr
,
Stephen
Colledg
,
and
in
the
Proceedings
upon
the
Bill
against
the
Earl
of
Shaftsbury
,
do
sufficiently
proclaim
,
that
there
were
not
only
many
Protestants
of
an
inferior
Rank
,
but
many
of
the
principal
Peers
and
Gentlemen
in
England
,
that
were
designed
to
be
brought
within
the
circle
and
compass
of
this
Protestant
Plot.
Nor
is
it
likely
,
that
having
designed
to
bring
so
many
under
the
guilt
of
the
Sham
Meal-Tub
Conspiracy
,
they
would
now
abate
in
the
number
which
they
purposed
to
destroy
.
For
besides
the
advantages
which
they
enjoy
,
through
having
Counsellers
more
to
their
gust
,
they
have
either
wheedl'd
or
brib'd
many
of
our
high-flown
Church-men
,
if
not
with
a
satisfaction
to
glory
,
yet
with
an
abject
silence
to
connive
at
our
ruin
.
But
the
bounds
which
the
Papists
intended
to
set
to
their
own
malice
,
in
forging
&
shamming
upon
the
world
,
that
the
Protestants
had
combined
to
depose
the
King
,
may
be
best
and
most
easily
collected
from
the
Testimonies
of
the
Witnesses
in
the
fore-mentioned
Treatises
.
Accordingly
we
are
told
by
Dugdale
,
That
Colledg
not
only
advised
him
to
go
with
Horse
and
Arms
to
Oxford
,
because
he
expected
there
would
be
Stephen
Colledg
,
p.
19.
something
done
there
;
but
he
further
says
,
That
he
heard
several
Parliament-men
talking
before
that
Session
,
of
a
disturbance
that
was
likely
to
happen
at
Oxford
,
and
that
it
would
be
therefore
best
to
leave
some
Parliament-men
at
home
in
every
County
,
who
might
manage
the
people
.
And
Smith
not
only
affirms
,
that
Colledg
told
him
,
how
the
Parliament
was
agreed
to
seize
the
King
;
and
that
in
order
thereunto
,
all
the
Parliament-men
were
to
come
to
Oxford
well
armed
,
and
accompanied
with
Arms
and
Men
;
but
that
the
Earl
of
Shaftsbury
should
declare
unto
him
,
how
the
Parliament-men
,
who
came
out
of
the
Country
,
were
well
provided
with
Horse
,
Arms
and
Men
;
and
that
if
the
King
offered
any
violence
to
them
,
they
might
oppose
him
;
for
the
like
had
been
done
in
former
times
.
And
Haynes
deposeth
,
That
Colledg
should
tell
him
,
Vnless
the
King
should
suffer
the
Parliament
to
continue
to
sit
at
Oxford
,
they
would
seize
him
,
and
bring
him
to
the
Block
,
as
they
did
the
Logger-head
his
Father
;
yea
,
that
my
Lord
Shaftsbury
should
declare
,
Vnless
the
King
granted
the
Pardon
which
was
demanded
for
the
said
Haynes
,
they
would
raise
the
whole
Kingdom
against
him
Booth
likewise
swears
,
how
my
Lord
Shaftsbury
told
him
,
That
he
and
others
had
considered
with
themselves
,
that
it
was
fit
for
them
to
have
Guards
at
Oxford
;
and
that
to
this
purpose
he
had
establisht
a
matter
of
Fifty
men
,
persons
of
quality
,
and
that
he
had
entrusted
Capt.
Wilkinson
with
the
Command
of
them
;
and
in
case
any
violence
should
be
offered
by
the
King
,
they
would
repel
Force
with
greater
Force
.
Now
tho'
all
this
be
nothing
but
a
bundle
of
forged
lies
;
yet
it
plainly
declares
,
that
no
fewer
than
all
the
men
of
quality
in
England
,
who
are
zealous
for
the
Reformed
Religion
and
Civil
Rights
;
yea
,
the
whole
Body
of
sincere
Protestants
were
to
be
drawn
and
hook't
within
the
verge
of
this
Plot
,
and
all
their
Lives
and
Fortunes
brought
to
lye
at
the
favour
of
the
Government
upon
the
pretended
guilt
of
it
.
For
no
man
can
think
,
that
the
blood
of
the
Earl
of
Shaftsbury
and
my
Lord
Howard
,
would
have
attoned
for
so
general
and
universal
a
Conspiracy
,
could
they
but
once
have
enjoyed
the
good
fortune
to
have
had
credit
given
to
these
fellows
Testimonies
.
The
designs
which
the
Papists
proposed
unto
themselves
,
in
their
forging
of
this
Conspiracy
,
were
greater
than
to
be
compassed
and
accomplished
by
the
murder
of
Three
or
Four
men
in
the
way
of
legal
proofs
.
For
as
nothing
less
was
aim'd
at
by
means
of
this
Sham
Plot
,
than
the
destroying
all
who
withstand
the
Introduction
of
Popery
,
and
the
establishment
of
a
Popish
Successor
;
so
,
many
hundreds
were
to
be
taken
out
of
the
way
,
besides
those
apprehended
and
accused
,
ere
ever
the
people
of
this
Kingdom
could
be
expected
quietly
to
submit
to
be
Papists
&
slaves
.
But
because
the
foregoing
Depositions
do
only
speak
in
general
of
a
Conspiracy
wherein
the
Parliament
and
Nobles
were
engaged
,
in
conjunction
with
my
Lord
Shaftsbury
,
to
apprehend
and
cut
off
the
King
,
we
shall
therefore
give
an
account
,
from
the
Attestations
of
others
,
of
some
few
more
,
who
besides
those
publickly
named
,
were
to
have
been
charged
with
,
and
perished
under
the
pretended
guilt
of
this
forged
Plot.
And
as
we
are
assured
from
the
mouth
of
a
Gentleman
of
great
Reputation
and
good
Quality
,
that
John
Smith
said
to
him
,
he
could
swear
Treason
against
a
hundred
Protestants
;
so
Thomas
Samson
hath
deposed
upon
Oath
,
That
John
Macknamarra
told
him
,
that
Edward
Ivie
,
Bryan
Haynes
,
John
Smith
,
and
Edward
Turbervile
,
did
intend
to
swear
Treason
against
Sir
Patience
Ward
,
Sir
Robert
Clayton
,
Sir
Thomas
Player
,
Mr.
Bethel
,
who
was
then
Sheriff
(
of
London
)
,
Coll.
Mildmay
,
&
others
.
Yea
,
to
that
confidence
were
the
mercinary
perjured
Rogues
arrived
of
their
being
able
to
destroy
men
upon
the
suborn'd
Testimonies
that
had
been
dictated
unto
them
,
that
one
Mr.
Shewin
informs
upon
Oath
,
his
having
heard
John
Macknamarra
and
Edward
Turbervil
,
offer
on
the
11th
of
August
last
,
to
lay
a
wager
,
That
Mr.
Sheriff
Bethel
,
Mr.
Best
,
and
divers
of
the
London
▪
Jury
,
which
had
brought
in
an
Ignoramus
upon
the
Bill
against
Stephen
Colledg
,
would
be
hang'd
before
Christmas
last
.
And
that
the
world
may
be
fully
convinced
,
how
the
Papists
,
and
the
Tools
of
one
quality
and
another
,
which
they
work
by
,
designed
to
extend
the
guilt
of
this
pretended
Protestant
Plot
,
we
shall
subjoyn
the
Deposition
of
one
Ashlock
,
who
said
,
That
Edward
Ivie
immediately
after
Colledg
'
s
Tryal
told
him
,
That
as
they
had
gotten
the
said
Colledg
to
be
cast
and
condemned
,
so
they
were
resolved
to
have
the
Duke
of
Monmouth
,
and
other
Lords
,
to
drink
of
the
same
cup
,
and
to
taste
Colledg
'
s
fate
.
So
that
no
man
who
is
a
Protestant
ought
after
the
knowledg
of
this
,
to
believe
himself
safe
,
or
that
he
is
exempted
out
of
the
number
of
those
upon
whom
the
Papists
under
the
pretence
of
a
Protestant
Plot
,
hoped
to
have
wreck'd
their
Malice
and
Rage
.
For
they
that
dare
entertain
thoughts
of
destroying
a
Prince
,
whom
his
greatest
Enemies
can
charge
with
no
fault
,
save
that
he
is
a
Protestant
,
and
zealous
for
the
King's
preservation
and
glory
,
are
not
to
be
supposed
to
harbour
any
thoughts
of
Compassion
and
Mercy
towards
Protestants
of
an
inferior
rank
.
Shall
neither
the
Honour
which
the
D.
of
M.
hath
brought
to
His
Majesty
and
the
Nation
by
his
foreign
Atchievements
,
nor
the
peace
and
establishment
which
he
restored
to
the
King
and
Throne
by
his
prudent
and
valorous
subduing
Insurrections
at
home
,
be
sufficient
to
protect
him
from
the
danger
and
infamy
of
a
Scaffold
,
no
more
than
they
were
able
to
secure
him
from
being
excluded
his
Father
and
Prince's
presence
,
and
deprived
of
those
Offices
which
his
Merit
rendered
him
worthy
of
,
had
he
not
any
nearness
by
Nature
and
blood
to
His
Majesty
to
plead
for
him
?
Will
nothing
satisfie
the
Romish
Crew
,
unless
they
can
bring
the
King
to
forget
the
Affections
of
Father
,
as
well
as
the
Justice
of
a
Monarch
,
and
make
him
abandon
a
person
to
their
treachery
and
implacable
wrath
,
whom
he
is
obliged
by
the
Laws
of
nature
to
protect
as
his
son
,
&
whom
he
is
bound
by
the
Laws
of
England
to
defend
him
as
his
Subject
?
And
as
all
men
discern
,
whose
Interest
hath
been
served
,
and
whose
revenge
gratified
in
all
the
mortifications
of
this
Loyal
and
Innocent
Duke
;
so
we
can
easily
guess
,
in
whose
behalf
,
and
for
the
promoting
of
whose
concernments
this
whole
Protestant
Conspiracy
was
invented
and
forged
.
And
having
succeeded
so
well
already
,
as
by
their
meer
importunities
to
alienate
his
Majesty
from
a
person
whom
he
once
seemed
to
value
and
love
,
they
are
encouraged
to
hope
the
King
will
be
prevailed
with
,
by
suggestions
of
Treasonable
Crimes
,
to
sacrifice
him
to
their
indignation
and
ire
.
Having
now
traced
and
pursued
this
forged
Plot
so
far
,
as
to
see
that
it
was
calculated
for
no
less
than
the
whole
Meridian
of
Great
Brittain
,
and
that
all
the
Patriots
of
Religion
and
Laws
in
both
Nations
were
to
be
destroyed
under
a
pretence
of
being
combin'd
in
it
;
we
are
in
the
next
place
to
view
it
in
the
complexion
and
figure
wherein
it
opened
and
unfolded
it self
against
the
Right
Honorable
the
Earl
of
Shaftsbury
,
and
those
other
persons
who
have
been
either
Indicted
,
or
only
Committed
for
an
alledged
accession
to
it
.
And
as
the
Papists
very
well
know
,
that
none
had
more
opposed
and
disappointed
them
in
all
their
Idolatrous
and
Arbitrary
Designs
,
and
consequently
deserved
more
to
feel
the
first
and
early
effects
of
their
wrath
,
than
that
wise
and
great
Peer
;
so
they
prudently
foresaw
,
that
should
they
adjourn
their
Revenge
against
him
,
till
they
had
made
an
experience
of
the
credit
of
their
Witnesses
upon
some
other
considerable
persons
,
he
would
by
his
Abilities
and
Industry
not
only
have
easily
detected
and
exposed
the
whole
Intrigue
,
but
have
broken
the
Machine
by
which
they
had
projected
both
to
overturn
Religion
and
Property
,
and
extirpate
Protestants
in
these
Nations
.
Accordingly
they
thought
it
their
best
course
to
assault
him
by
way
of
surprize
,
and
to
hurry
him
to
Prison
upon
an
Accusation
of
a
Conspiracy
,
which
people
would
be
astonished
at
the
noise
of
,
but
had
not
enjoy'd
time
to
inspect
and
unravel
.
And
we
may
rationally
conceive
the
Papists
believed
,
that
the
Convicting
My
Lord
Shaftsbury
upon
a
charge
of
Levying
War
,
and
Conspiring
to
seize
the
Person
of
the
King
,
would
be
a
kind
of
Moral
Proof
against
every
other
person
whom
they
should
think
fit
to
have
afterwards
accused
of
the
same
Crime
.
For
how
easily
would
they
have
perswaded
the
world
,
that
a
person
of
his
great
Sagacity
and
exact
Conduct
,
would
never
embark
in
so
vast
an
attempt
,
without
a
proportionate
number
of
persons
engaged
with
him
,
who
for
their
Power
,
Quality
and
Interest
might
be
supposed
capable
to
effect
and
carry
it
.
And
they
would
have
pleaded
,
that
such
whom
his
artificial
Glosses
and
plausible
Reasonings
had
not
inveigled
into
Treason
,
the
esteem
which
he
universally
hath
among
all
sorts
of
men
,
that
are
not
weary
of
their
Religion
and
Liberties
,
had
sway'd
and
biassed
them
to
an
implicite
concurrence
in
a
Design
,
which
they
took
not
time
to
consider
,
and
had
not
Abilities
to
comprehend
neither
the
dangers
,
nor
consequences
and
issue
of
.
And
how
would
every
man
have
been
exposed
and
ridicul'd
,
that
should
offer
to
bring
the
reputation
of
the
Witnesses
into
suspicion
,
after
they
had
been
allowed
for
good
and
credible
Evidence
against
a
Peer
of
the
Earl
of
Shaftsbury's
bulk
and
figure
?
Besides
,
the
Papists
thought
that
the
destroying
this
one
Nobleman
,
would
have
either
frighted
others
to
a
compliance
with
them
in
their
Designs
,
or
at
least
discouraged
them
from
offering
to
withstand
or
control
the
Councels
and
Projections
which
they
are
upon
of
enslaving
these
Nations
,
and
extirpating
our
Religion
.
These
were
the
Motives
and
Inducements
upon
which
they
singled
out
this
great
person
,
to
have
him
the
first
man
of
Quality
that
should
be
Indicted
of
this
pretended
Protestant
Conspiracy
.
For
having
through
the
influence
which
they
have
over
our
Ministers
,
and
the
power
which
some
of
that
party
have
upon
His
Majesty
,
proceeded
so
far
as
to
prevail
with
the
King
to
turn
him
out
of
his
Councels
,
and
from
the
administration
of
his
Affairs
,
for
no
other
reason
that
the
world
can
take
notice
of
,
but
because
he
would
not
concur
with
them
in
their
Designs
against
the
Protestant
Religion
,
and
the
Establish'd
Laws
;
they
hop'd
that
by
attacquing
him
at
last
upon
an
Accusation
of
Treason
,
he
might
fall
a
Sacrifice
to
their
Malice
and
Revenge
.
And
as
his
loss
of
the
Chancellorship
,
with
all
the
aspersions
and
obloquy
that
for
divers
years
fell
upon
him
,
are
to
be
ascribed
to
his
Zeal
and
Activity
in
promoting
the
Bill
for
disabling
Papists
from
holding
any
Publick
Employment
,
which
past
in
the
Session
of
Parliament
that
begun
Feb.
4.
1672.
so
all
the
Perseutions
he
hath
lain
under
of
late
,
and
all
the
dangers
which
his
Life
hath
been
exposed
unto
,
either
by
secret
Assassinations
,
or
Legal
Forms
,
are
to
be
entirely
attributed
to
his
inspection
into
the
Popish
Plot
,
and
the
endeavours
which
he
hath
laid
himself
out
in
,
for
preventing
the
Subversion
of
our
Religion
and
Laws
,
and
the
ruin
of
these
Nations
by
the
Romish
Conspirators
,
and
his
studying
to
defeat
the
hopes
they
have
of
compassing
all
at
last
by
means
of
a
Popish
Successor
.
Nor
can
there
be
a
more
indubitable
and
convincing
Argument
,
that
this
whole
Protestant
Plot
under
the
pretended
guilt
whereof
this
incomparable
person
and
great
Peer
was
to
have
been
destroyed
,
came
out
of
a
Popish
Forge
,
and
was
formed
and
invented
by
the
Romish
Priests
,
than
that
those
of
the
Papal
Religin
abroad
,
and
especially
the
Ecclesiasticks
,
had
both
the
knowledg
of
it
,
and
discoursed
it
to
others
,
before
the
most
inquisitive
Protestants
in
England
could
arrive
at
any
intelligence
concerning
it
.
In
confirmation
of
the
truth
whereof
,
and
for
the
ampler
satisfaction
of
all
mankind
,
that
the
Papists
were
the
Authors
and
Contrivers
of
this
Conspiracy
,
which
they
labour
to
sham
upon
Protestants
:
I
shall
subjoin
the
two
following
Depositions
,
which
were
made
upon
Oath
before
a
Magistrate
of
London
.
Edward
Dover
of
Stepney
in
the
County
of
Middlesex
,
Mariner
,
aged
thirty
years
,
or
thereabouts
,
freely
and
upon
his
own
motion
maketh
Oath
,
That
he
the
said
Deponent
being
in
the
Port
of
Bruges
in
Flanders
with
his
Ship
,
and
in
the
managing
of
his
business
there
,
being
in
a
publick
house
,
on
or
about
the
eighteenth
of
June
last
New
Stile
,
he
met
with
one
James
Morgan
,
which
said
Morgan
is
a
reputed
Popish
Priest
,
And
being
his
Countryman
,
and
having
had
formerly
knowledg
one
of
another
,
they
entred
into
the
more
free
discourse
;
and
among
other
this
Deponent
asked
the
said
Morgan
,
What
News
from
England
,
Is
there
an
end
of
the
Popish
Plot
yet
?
To
which
the
said
Morgan
answered
,
What
Plot
?
There
is
no
Plot
but
a
Presbyterian
Plot
,
and
that
now
the
Lord
Howard
one
of
the
greatest
of
them
is
clapt
up
for
it
;
and
by
that
time
you
get
home
,
Shaftsbury
will
be
also
secured
.
And
further
the
said
Morgan
added
,
that
he
hop'd
ere
long
to
Preach
in
a
publick
Pulpit
in
London
,
or
words
to
that
effect
.
Jurat
.
Aug.
23.
1681.
John
Coleuart
of
the
Parish
of
St.
Katherines
,
in
the
County
of
Middlesex
,
Mariner
,
aged
fifty
years
or
thereabout
,
freely
and
of
his
own
motion
maketh
Oath
,
that
being
in
Bruges
in
Flanders
with
his
Ship
,
in
following
his
business
there
,
was
in
a
publick
house
on
or
about
the
eighteenth
of
June
last
,
New
Style
,
where
he
met
amongst
others
with
a
Popish
Priest
as
he
is
reputed
,
called
James
Morgan
;
and
discoursing
with
him
of
the
several
affairs
of
England
,
and
of
the
Popish
Plot
;
he
the
said
D●po●ent
heard
the
said
Morgan
among
other
things
say
,
〈…〉
but
a
Presbyterian
Plot
;
and
that
the
Lord
Howard
was
already
secured
for
it
;
and
that
it
would
not
belong
before
the
Earl
of
Shaftsbury
would
be
also
secured
,
or
words
to
that
effect
.
Jurat
.
Aug.
3.
1681.
And
as
the
Papists
were
the
Authors
and
Framers
of
this
Sham
Plot
,
so
they
have
chosen
Tools
every
way
adapted
for
the
worst
of
Villanies
,
to
m●●ge
and
conduct
it
.
For
Justice
Warcup
the
principal
Broker
for
Witnesses
,
and
one
of
the
chief
Directors
of
this
grand
aff●●r
is
known
both
at
the
Council
Board
,
&
in
the
High-Court
of
Chancery
,
to
be
a
false
and
infamous
person
.
Nor
is
it
to
be
wondered
at
,
that
he
should
become
subservient
in
all
base
ways
to
the
Malice
and
Indignation
of
men
,
upon
the
promise
and
hopes
of
a
valuable
Reward
,
who
that
he
might
obtain
preferment
to
places
of
Trust
and
Profit
,
is
said
to
have
turn'd
Pander
to
his
own
Daughter
,
and
have
exposed
her
to
mens
Lust
.
But
it
is
long
since
this
Justice
was
ambitious
of
being
instrumental
in
the
ruin
of
My
Lord
Shaftsbury
,
seing
it
was
he
that
introduced
Marchiamont
Needham
to
the
Earl
of
Danby
,
in
order
to
assist
in
the
great
Designs
which
were
then
in
agitation
against
this
Lord's
Honour
and
Life
.
And
as
Needham
in
pursuance
of
this
malicious
contrivance
,
wrote
both
the
Advices
to
the
men
of
Shaftsbury
,
wherein
according
to
his
wonted
method
of
treating
all
he
wrote
against
,
he
loads
this
Honourable
Person
with
all
the
Aspersions
his
Wit
,
influenced
by
the
Malice
and
Revenge
of
others
,
could
invent
and
suggest
;
so
I
have
seen
the
Instructions
that
were
given
about
the
Arraigning
this
Peer
,
upon
pretence
of
his
being
Guilty
of
very
Criminal
matters
.
But
as
it
is
argued
,
that
our
Ministers
then
were
at
a
wonderful
loss
for
Men
of
Wit
and
Conduct
to
promote
their
Designs
,
while
they
had
so
many
admirably
qualified
in
the
want
of
Honesty
,
seing
they
were
forced
by
Money
and
Flattery
,
as
well
as
by
Promises
,
which
were
never
perform'd
,
to
bribe
over
a
fellow
to
defame
this
Noble
Peer
,
who
had
not
only
always
scribbled
on
the
other
side
,
but
reviled
the
late
King
,
his
present
Majesty
and
Monarchical
Government
,
with
the
like
freedom
and
equal
bitterness
,
And
so
ambitious
was
Warcup
of
being
instrumental
in
the
ruin
of
My
Lord
Shaftsbury
at
that
time
of
day
,
that
not
being
trusted
nor
employ'd
in
the
Design
,
proportionably
to
his
desires
and
inclinations
,
he
bespake
Needham
in
a
Letter
to
him
,
which
I
have
seen
,
to
recommend
him
to
the
Earl
of
Dunby
,
as
a
person
that
would
be
zealous
in
agitating
and
promoting
what
they
were
upon
.
And
besides
the
Evidence
that
hath
been
given
elsewhere
,
of
Justice
Warcup's
suborning
Witnesses
to
Swear
the
forged
Conspiracy
,
whereof
the
Earl
of
That
Justice
Warcup
often
solicited
him
with
promises
of
Reward
,
to
be
a
Witness
against
the
Earl
of
Shaftsbury
and
others
of
the
City
.
There
are
also
other
two
,
whose
Depositions
I
shall
forbear
at
the
present
to
reherse
,
that
directly
restifie
his
endeavouring
to
have
Suborn'd
them
upon
the
same
Design
.
So
deplorable
is
the
case
of
innocent
Protestants
,
that
if
persons
accused
do
conceal
the
Witnesses
who
can
discover
the
Accusations
against
them
,
they
abandon
themselves
and
their
own
Innocency
;
and
if
they
publish
them
,
they
do
become
thereby
exposed
to
the
Rage
of
the
common
Enemy
,
and
are
brought
into
danger
of
being
suborned
against
themselves
.
And
therefore
the
world
ought
to
pardon
us
,
if
we
reveal
no
more
than
what
is
necessary
for
the
vindication
of
the
Innocency
of
those
that
have
been
accused
,
and
the
justification
of
the
Integrity
of
the
Juries
that
had
the
cognizance
of
the
Bills
which
were
presented
.
The
late
Proceedings
at
the
Court
of
the
Verge
against
Mr.
Everard
,
do
declare
in
the
face
of
all
the
world
,
what
kind
of
entertainment
they
are
to
expect
,
who
have
refused
to
be
Witnesses
against
innocent
men
,
or
who
have
the
courage
to
detect
the
subornations
of
such
as
traffick
and
barter
for
Evidence
against
guiltless
Protestants
.
But
it
is
no
ways
strange
,
that
the
Justice
who
can
muster
a
Troop
of
Mercinary
Rascals
to
perjure
themselves
for
the
service
of
the
Papists
,
should
procure
some
of
them
to
venture
their
Souls
upon
so
necessary
a
duty
,
as
the
preserving
themselves
and
him
from
the
Gibbet
,
or
at
the
least
,
the
Pillory
.
Yet
even
most
of
these
,
whom
he
then
produced
,
are
so
publickly
infamous
,
that
their
Testimony
will
never
support
an
Indictment
against
any
man
,
before
a
good
and
impartial
Jury
;
nor
yet
impeach
the
Credit
of
the
person
against
whom
they
swear
.
I
know
when
and
where
one
of
them
wrote
a
Letter
to
the
Justice
,
desiring
him
to
draw
up
what
he
pleased
,
assuring
him
,
that
upon
easie
considerations
he
would
be
ready
to
make
Oath
of
it
.
Yet
after
all
the
pains
he
hath
been
at
,
to
protect
himself
from
the
punishment
of
one
Crime
,
by
perpretrating
another
,
he
will
not
only
find
,
that
Mr.
Everard
is
able
to
prove
that
whereof
he
hath
accused
him
,
by
undeniable
Circumstances
,
but
he
will
also
find
,
there
are
several
others
,
whose
Reputation
he
can
no
ways
detract
from
,
that
will
be
forth
coming
in
due
time
and
place
,
to
lay
open
,
and
prove
the
Villany
whereof
he
hath
been
guilty
,
in
suborning
Witnesses
against
the
Earl
of
Shaftsbury
.
However
,
it
is
no
ways
fair
nor
equal
,
that
when
Indictments
could
not
be
received
,
neither
at
the
Old
Baily
nor
Hicks's-Hall
,
against
the
Justice
and
his
Complices
,
for
conspiring
to
take
away
the
Lives
of
innocent
persons
,
yet
a
Bill
can
be
immediately
admitted
in
another
Court
,
if
the
matter
and
design
of
it
be
to
stiflle
the
detection
,
or
asperse
the
Discoverers
of
this
Conspiracy
.
Nor
is
Warcup
the
only
person
that
hath
been
employ'd
and
intrusted
in
hiring
and
suborning
Witnesses
to
swear
a
Protestant
Plot
,
but
there
are
many
others
,
and
even
some
of
the
Gown
,
who
to
gratifie
the
Papists
,
and
either
to
make
way
for
their
own
preferment
,
in
case
of
a
Popish
Successor
,
or
to
testifie
their
gratitude
to
such
as
recommended
them
to
the
Places
which
they
do
now
possess
,
have
shamefully
,
and
to
the
dishonour
of
their
Profession
,
co-operated
with
the
Justice
in
the
same
villanous
design
.
For
besides
their
secret
correspondence
,
and
mysterious
traffick
with
Haynes
before
his
being
apprehended
,
which
alone
is
enough
to
demonstrate
their
concernment
in
the
whole
forgery
and
intrigue
of
this
Protestant
Plot
:
There
is
a
person
,
who
will
appear
upon
occasion
,
that
will
testifie
how
much
a
certain
Gentleman
,
retaining
to
the
Law
,
did
endeavour
by
flattery
and
promises
,
to
obtain
him
to
become
a
Witness
against
the
Earl
of
Shaftsbury
.
It
will
not
at
length
be
found
,
to
have
been
much
to
any
mans
Reputation
,
to
have
the
glossing
,
managing
,
or
setting
of
the
Depositions
which
were
brought
them
by
the
Masters
of
the
Forgery
Mint
,
but
it
will
for
ever
subject
those
to
a
character
of
Infamy
,
who
contrary
to
the
Justice
,
Equity
and
Honour
of
the
Law
,
wherein
they
are
eminent
practicers
,
have
prostituted
themselves
to
be
Factors
for
Perjury
.
And
if
men
will
not
be
brib'd
and
wheedled
to
forswear
themselves
upon
so
useful
and
sacred
a
design
,
as
the
destroying
loyal
and
harmless
Protestants
,
who
are
guilty
of
no
other
Crime
,
but
their
withstanding
the
establishment
of
Popery
and
Arbitrary
Power
,
they
are
then
hector'd
and
menaced
,
and
in
the
Phrase
of
our
English
Cicero
,
threatned
with
a
new
sort
of
advancement
.
Their
method
is
,
when
they
accost
a
person
,
to
insinuate
into
,
and
perswade
him
,
that
he
must
needs
know
something
of
the
Earl
of
Shaftsbury's
designs
against
His
Majesty
;
and
that
if
he
will
be
so
ingenuous
as
to
confess
,
he
hath
an
opportunity
presented
him
,
both
of
enriching
himself
,
and
obtaining
the
favour
of
the
Government
:
But
then
in
case
the
party
assaulted
,
prove
so
just
to
himself
,
and
the
person
whom
they
would
decoy
and
Wire-draw
him
to
accuse
,
as
to
tell
them
,
he
is
altogether
ignorant
of
any
ill
design
projected
or
promoted
by
that
Noble
Peer
,
he
is
in
the
next
place
told
,
that
they
have
an
Information
of
a
dangerous
Nature
against
him
;
and
that
seeing
by
declining
to
inform
against
my
Lord
Shaftsbury
,
he
makes
himself
unworthy
of
the
Favour
and
Pardon
of
his
Prince
,
he
must
therefore
expect
to
feel
the
rigor
and
severity
of
the
Law
.
This
was
the
course
that
was
steered
towards
Captain
Wilkinson
;
and
this
was
the
way
wherein
Sir
Richard
Graham
,
late
High
Sheriff
of
Yorkshire
,
and
Sir
Jonathan
Jennings
,
a
Justice
of
the
Peace
in
Rippon
,
used
towards
William
Brownrigg
.
And
as
all
the
Nation
is
sufficiently
made
acquainted
with
,
and
is
fully
sensible
of
what
Captain
Wilkinson
,
for
declining
to
be
a
false
Witnes
,
became
exposed
unto
,
so
I
shall
here
subjoin
the
Mittimus
,
by
which
Brownrigg
,
upon
his
refusing
to
come
in
as
an
Evidence
against
the
Earl
of
Shaftsbury
,
was
sent
Prisoner
by
Sir
Jonathan
,
to
York
Castle
,
upon
a
pretence
,
that
there
was
an
Information
of
Treason
against
him
,
and
that
it
was
no
more
but
a
pretence
,
or
what
is
equivalent
,
a
false
Information
,
appears
from
their
discharging
him
sometime
after
without
any
prosecution
.
West
Rid.
Comit.
Ebor.
Whereas
an
Information
upon
Oath
of
a
Treasonable
nature
hath
been
made
against
Mr.
William
Brownrigg
of
Knares
brough
,
Atturney
at
Law
:
These
are
therefore
in
His
Majesties
Name
streightly
to
charge
and
command
you
,
or
some
of
you
,
to
take
into
your
custody
the
said
Will
,
Brownrigg
,
whom
I
herewith
send
you
,
and
him
safely
keep
,
till
he
shall
be
delivered
by
due
course
of
Law
.
Given
under
my
Hand
and
Seal
the
30th
day
os
August
,
1681.
Jonath
.
Jenning
.
All
men
who
have
any
knowledg
of
the
Law
of
England
will
say
,
this
is
a
strange
and
unusual
Warrant
,
and
for
which
Sir
Jonathan
deserves
to
be
called
to
an
account
;
but
the
true
reason
why
Brownrigg
was
Committed
upon
a
general
charge
,
was
because
really
there
was
nothing
against
him
,
save
that
Baynes
had
given
Information
to
some
here
,
who
transmitted
it
to
Yorkshire
,
that
Brownrigg
had
acquainted
Mr.
Stringer
,
Servant
to
the
Earl
of
Shaftsbury
,
that
there
was
a
Design
carrying
on
against
the
Life
of
his
Lord
.
Upon
the
whole
it
plainly
appears
,
that
this
pretended
Protestant
Plot
,
which
the
Nation
hath
been
so
alarm'd
with
,
and
filled
with
the
noise
of
,
is
nothing
but
a
mere
Invention
of
the
Papists
,
and
of
some
ill
men
,
who
under
the
disguise
of
being
for
the
Crown
and
the
Church
,
serve
and
promote
their
treacherous
and
wicked
Designs
;
and
that
the
combination
against
our
Religion
,
Laws
,
Lives
and
Liberties
,
is
as
strongly
and
effectually
carried
on
under
a
false
Accusation
of
Treason
,
as
it
was
heretofore
pursued
upon
the
score
and
account
of
Heresie
.
And
besides
several
Informations
which
are
to
be
met
with
elsewhere
,
relating
to
the
concernment
of
And
therefore
without
any
further
displaying
or
prosecution
of
this
,
we
shall
in
the
next
place
address
our selves
to
the
consideration
of
the
Credit
of
those
Witnesses
,
upon
whose
Testimony
the
whole
Fabrick
and
Structure
of
a
Protestant
Plot
is
founded
and
built
.
And
tho'
we
are
told
by
the
Reverend
Judges
,
That
the
Credibility
of
the
Witnesses
lies
not
before
a
Grand
Jury
,
but
that
they
are
to
remain
satisfied
in
having
matter
that
is
treasonable
,
sworn
before
them
by
Two
Witnesses
that
are
prima
facie
credibil
(
where
by
the
way
,
albeit
prima
facie
credibil
,
be
in
the
Print
,
yet
it
is
not
in
the
Manuscripts
which
we
have
had
the
fortune
and
opportunity
to
consult
.
)
I
say
notwithstanding
that
we
are
told
thus
by
the
Judges
,
yet
we
apprehend
our selves
justified
both
by
the
Law
of
the
Land
,
and
the
common
Reason
os
Mankind
,
in
taking
upon
us
to
affirm
,
that
no
man
is
to
have
his
Name
,
Reputation
and
Honour
upon
a
Presentment
detracted
from
,
much
less
his
Loyalty
to
his
Prince
Impeached
upon
an
Indictment
,
and
thereby
his
Life
and
Estate
brought
into
danger
,
save
upon
the
Evidence
of
persons
of
good
Credit
and
moral
Fame
.
The
very
words
of
the
Statute
of
the
13
Car.
2.
upon
which
my
Lord
Chief-Justice
That
the
Indictment
against
the
Earl
of
Shaftsbury
was
principally
founded
,
because
it
not
only
contains
the
Treasons
declared
in
the
Statutes
of
the
25th
of
Edw.
3.
but
enlargeth
them
in
many
particulars
;
I
say
that
very
Statute
requires
,
that
the
Witnesses
be
lawful
and
credible
.
Besides
it
is
a
plain
contradiction
,
that
a
person
should
be
supposed
credible
,
who
either
never
had
or
hath
forfeited
his
credit
.
No
man
is
capable
of
proving
a
Crime
Legally
,
but
he
that
is
reputed
Morally
honest
.
All
Histories
,
as
well
Sacred
as
Prophane
,
tell
us
,
How
men
of
depraved
Principles
,
being
influenced
by
those
in
Power
,
or
bribed
and
hired
by
Rewards
,
have
conspired
to
Swear
against
the
Innocent
.
Thus
was
Naboth
murdered
at
the
instigation
of
the
Court
,
upon
the
Testimony
of
perjured
and
suborned
Witnesses
.
And
as
his
Crime
was
his
standing
for
his
Legal
Right
,
and
not
surrendring
his
Property
and
Inheritance
to
the
Despotical
pleasure
of
the
Prince
;
so
he
was
both
Tried
and
Condemned
in
the
way
of
a
Legal
Form
.
Nor
ought
it
to
appear
strange
,
to
find
a
guiltless
person
Accused
by
false
Witnesses
of
Treason
,
seing
the
Holy
and
Innocent
Jesus
was
Indicted
and
Murdered
for
no
less
Crime
,
and
that
by
the
mouths
of
two
Witnesses
,
of
the
very
complexion
and
stamp
with
ours
,
and
procured
in
the
same
way
.
Whoever
hath
read
Tacitus
or
Suetonius
,
will
be
supplied
with
Instances
enough
,
of
the
slaughter
of
the
chiefest
Patriots
of
the
Roman
Liberty
,
who
were
destroyed
by
the
Depositions
of
false
Witnesses
,
set
on
and
authorised
by
the
commands
of
Soveraigns
,
and
encouraged
by
Rewards
from
the
State
.
Yea
,
so
prevalent
are
Malice
and
Revenge
in
some
,
Pride
,
Envy
and
Emulation
in
others
,
and
the
love
of
Profit
and
Gain
in
many
,
that
neither
the
most
provident
and
severe
Laws
to
the
contrary
,
nor
the
Wisdom
and
Circumspection
of
the
best
and
most
prudent
Administrators
of
publick
Justice
,
have
been
able
at
all
times
to
prevent
the
ruin
of
the
most
useful
,
eminent
and
innocent
persons
,
but
they
have
perished
under
the
false
Accusations
and
groundless
Calumnies
of
perjured
and
wicked
Rascals
.
Thus
Anthonio
Foscarini
,
a
Cavalier
and
Senator
of
Venice
,
was
Anno
1622.
seen
hanged
upon
a
Gallows
upon
the
Testimony
of
infamous
persons
,
whereof
some
turning
Accusers
,
and
others
Witnesses
,
they
destroyed
a
Patrician
of
great
Merit
and
Vertue
,
and
brought
an
aspersion
upon
the
Justice
of
the
Venetian
Senate
.
But
this
Hist.
lib.
5.
p.
180.
ought
to
be
added
for
the
Honour
of
that
Republick
,
that
assoon
as
they
had
discovered
the
Conspiracy
,
under
the
fraud
and
villany
whereof
he
fell
,
they
not
only
inflicted
a
most
remarkable
punishment
upon
the
principal
Authors
and
Instruments
of
his
Murder
;
but
by
a
publick
Declaration
they
both
restored
unto
him
an
honourable
Name
,
and
to
his
Posterity
the
antient
lustre
of
his
Family
,
with
an
advancement
to
further
degrees
of
Honour
in
the
Commonwealth
.
And
tho'
we
hope
that
God
will
preserve
all
the
Patriots
of
our
Religion
and
Liberties
from
perishing
through
the
Combination
of
suborned
and
profligate
Wretches
,
as
this
unfortunate
Patrician
did
;
yet
we
expect
from
the
Justice
of
His
Majesty
and
the
Government
,
that
having
a
more
wicked
,
large
and
destructive
Conspiracy
against
innocent
persons
detected
unto
them
,
they
will
not
think
it
unbecoming
the
Glory
of
a
Monarchy
,
to
imitate
a
Republick
in
all
the
measures
of
Equity
and
Righteousness
,
as
well
towards
the
unjustly
accused
,
as
the
infamous
Accusers
.
But
to
proceed
,
No
mans
life
were
secure
,
provided
the
Witnesses
would
but
swear
things
heinous
,
and
with
consistency
and
boldness
,
if
a
Jury
were
not
to
judg
of
their
Credibility
and
Fame
.
Not
only
our
Laws
,
but
the
Laws
of
all
Nations
declare
some
sort
of
men
infamous
;
and
Principles
of
Natural
Light
,
and
Converse
among
men
,
instruct
us
to
suspend
giving
credit
to
divers
,
whom
the
Laws
have
not
branded
with
that
ignominious
character
.
And
a
persons
being
Morally
flagitious
,
tho'
he
be
not
in
a
Legal
sense
infamous
,
may
render
his
Testimony
justly
suspected
;
because
he
hath
abandoned
all
Principles
which
may
restrain
him
from
speaking
falsely
.
What
a
ridiculous
thing
were
it
to
require
Grand
Juries
to
use
all
possible
means
of
discovering
whether
Indictments
and
Presentments
be
true
or
false
,
if
they
are
not
to
judg
of
the
Credibility
of
the
Witnesses
,
upon
whose
Testimony
they
are
to
give
their
Judgment
and
Opinion
?
Were
it
not
an
unjust
as
well
as
incongruous
thing
,
to
make
all
Grand
Jury-men
swear
,
They
shall
present
nothing
but
the
Truth
,
and
the
whole
Truth
,
if
they
be
not
to
enquire
how
far
the
Oaths
of
the
Witnesses
,
upon
which
their
Verdict
depends
,
ought
to
be
believed
,
seing
there
are
some
,
that
Ne
jurantibus
creditur
.
Now
as
to
the
Witnesses
that
Swear
a
Protestant
Plot
,
there
are
in
general
these
Three
Things
to
Impeach
the
Credibility
of
their
Testimony
.
First
,
They
are
remarkably
Profane
and
Flagitious
;
and
we
usually
say
,
that
Justitia
cum
scelerato
non
potest
habere
comercium
,
Truth
and
Righteousness
have
no
place
,
where
Ungodliness
and
Villany
bear
sway
and
reign
.
They
perjure
themselves
every
day
over
and
over
out
of
Wantonness
;
and
is
it
not
then
probable
,
that
they
will
forswear
themselves
for
profit
,
especially
if
they
may
be
protected
from
the
punishment
which
they
become
liable
unto
,
upon
the
account
of
it
.
Nor
do
I
know
any
thing
that
should
check
or
restrain
them
;
for
as
they
live
dreadless
of
God
and
Hell
,
so
they
imagine
that
the
Interest
and
Power
of
the
party
,
whose
Designs
they
promote
in
swearing
a
Protestant
Plot
,
will
be
able
to
defend
them
from
the
Gallows
and
Halter
.
Their
Debaucheries
are
so
signal
,
beyond
those
of
other
men
,
that
wheresoever
they
come
,
they
are
known
without
enquiry
to
be
the
New
Evidence
by
their
excessive
Debaucheries
.
Their
declining
to
answer
Questions
put
unto
them
by
the
Jury
,
as
supposing
that
by
their
reply
,
they
may
bring
themselves
under
a
Subjection
to
punishment
,
is
demonstrative
to
all
the
World
how
infamous
Rascals
they
are
,
and
how
little
they
ought
to
be
credited
.
In
the
second
place
,
They
are
all
of
them
of
a
narrow
fortune
,
and
most
of
them
miserably
indigent
.
It
was
their
daily
complaint
a
little
before
they
became
Evidence
to
prove
a
Protestant
Plot
,
that
they
were
ready
to
starve
,
and
wanted
bread
.
The
Civil
Law
tells
us
,
that
vili
personae
non
facile
creditur
;
We
are
not
easily
to
give
credit
to
a
penurious
person
.
And
as
all
Nations
take
notice
,
that
the
Testimony
of
necessitous
persons
,
ought
not
to
bear
much
sway
with
any
man
;
so
some
Governments
have
taken
care
,
that
such
who
have
not
a
competency
to
raise
them
above
the
Temptations
of
Hunger
and
Want
,
shall
not
in
any
Case
that
is
Criminal
,
be
allowed
to
be
Witnesses
.
The
Poet
tells
us
,
that
Quantum
nummorum
quisque
habet
in
arca
,
tantum
habet
&
fidei
;
that
is
,
he
who
cannot
live
without
being
beholding
to
others
,
ought
not
to
be
admitted
to
have
a
Reputation
to
support
what
he
says
in
a
Case
that
is
Important
,
and
where
he
may
reap
considerable
advantage
by
his
Testimony
.
Agur
knew
what
Temptations
there
were
in
Penury
,
and
therefore
prayed
,
That
he
might
not
be
poor
,
lest
he
should
take
the
Name
of
the
Lord
in
vain
.
And
the
raking
of
Goals
for
Witnesses
,
is
an
undeniable
Argument
,
that
there
is
little
Reality
or
Trust
in
that
which
they
are
produced
for
.
Nor
is
it
improbable
,
but
that
these
Rascals
finding
themselves
disappointed
both
of
Pensions
from
the
Parliament
,
and
Contributions
from
the
City
,
and
having
nothing
of
their
own
whereby
to
purchase
food
and
raiment
,
they
thereupon
bethought
themselves
of
setting
their
souls
to
Merchandise
making
a
Subsistance
by
the
sale
of
their
Consciencies
.
When
they
perceived
,
that
by
all
their
Importunities
and
Petitions
,
they
could
not
squeez
Mony
out
of
our
Pockets
,
they
took
up
a
Resolution
in
anger
and
revenge
to
drink
our
Blood
.
Men
that
are
necessitous
,
and
withal
Popish
Plot
,
must
in
all
mens
apprehensions
,
much
more
influence
them
to
reveal
a
Protestant
one
.
Is
it
not
enough
,
that
the
Authors
and
Managers
of
this
Intrigue
,
would
have
us
believed
to
be
Traytors
,
but
they
must
proclaim
us
arrant
Fools
?
Instead
of
endeavouring
to
hang
us
,
as
Conspirators
against
the
King
,
they
ought
to
beg
us
as
Naturals
;
and
instead
of
sending
us
to
the
Tower
and
Newgate
,
they
should
send
us
to
Bedlam
,
as
the
most
proper
place
.
If
we
be
so
silly
as
they
represent
us
,
we
ought
not
to
be
indicted
,
but
to
have
Physick
prescribed
unto
us
.
And
this
Affair
is
not
so
fit
for
the
Council
Table
,
and
a
Bench
of
Judges
,
as
for
a
Colledge
of
Physicians
,
and
a
Company
of
Apothecaries
.
Whosoever
considers
these
fellows
either
with
respect
to
their
Morals
,
or
their
Politicks
;
or
takes
a
view
either
of
their
Natural
or
their
Civil
Capacity
,
will
easily
conclude
,
that
none
but
men
wholly
bereft
of
their
Wits
would
entrust
them
with
the
knowledge
of
a
Design
which
they
were
in
no
Condition
to
further
;
and
which
rationally
they
must
be
conceived
inclinable
to
betray
.
And
if
we
should
believe
that
persons
who
are
neither
acquainted
with
the
Histories
of
former
times
,
nor
have
themselves
been
conversant
in
any
weighty
Counsels
,
crimportant
Affairs
,
should
be
guilty
of
such
a
folly
and
madness
;
yet
no
man
can
believe
such
a
thing
of
the
Earl
of
Shaftsbury
,
whom
whatsoever
his
Enemies
think
,
or
say
otherwise
of
him
,
yet
they
do
all
acknowledge
him
to
be
a
person
of
great
Wisdom
,
Circumspection
and
Conduct
.
When
persons
of
a
low
Condition
,
and
of
such
proffigate
Lives
,
as
the
witnesses
are
known
to
be
,
will
pretend
not
only
familiar
access
at
all
times
to
a
person
of
high
quality
,
but
their
being
upon
the
most
weighty
and
hazareous
Secrets
of
one
of
the
wisest
of
men
,
it
is
an
Argument
that
all
they
say
,
is
Romance
and
Fiction
.
Surely
if
there
had
been
any
Protestant
Plot
for
the
apprehending
and
deposing
of
the
King
,
either
those
of
the
Church
of
England
,
or
the
Fanaticks
would
have
known
of
it
;
but
as
the
latter
do
absolutely
deny
,
that
ever
they
either
had
the
least
access
to
such
a
design
,
or
were
any
ways
made
acquainted
with
,
so
even
those
of
the
Church
of
England
,
who
seem
most
forward
,
out
of
hatred
to
Dissenters
,
to
believe
a
Protestant
Conspiracy
,
yet
they
are
not
able
,
after
all
part
1.
p.
10.
their
enquiries
concerning
it
,
and
the
great
noise
and
clamour
they
have
made
about
it
,
to
arrive
at
any
prints
or
foot-steps
of
it
.
There
is
this
to
evidence
the
truth
and
reality
of
a
Popish
Plot
,
That
it
was
detected
both
by
Laicks
and
Priests
of
their
own
Communion
;
whereas
the
first
and
principal
Discoverers
of
this
pretended
Protestant
Combination
against
His
Majesty
and
the
Monarchy
,
lately
were
,
and
may
still
be
suspected
to
be
Members
of
the
Papal
Church
.
But
what
we
have
said
against
the
Credibility
of
the
Witnesses
in
general
,
is
nothing
in
comparison
of
what
we
have
to
alledg
against
every
one
of
them
in
particular
.
And
we
shall
take
them
in
the
same
order
,
in
our
exposing
of
them
,
as
they
were
rank'd
and
brought
forth
by
the
Heranlds
,
who
best
knew
their
Quality
,
at
the
Old
Baily
.
And
forasmuch
as
Mr.
Booth
was
produced
first
,
we
shall
accordingly
begin
with
him
.
Tho'
indeed
to
produce
him
at
all
,
and
especially
in
the
first
place
,
was
no
less
than
to
discredit
the
Testimony
of
all
the
rest
,
had
they
been
persons
of
much
better
Reputation
than
they
were
.
And
after
the
many
Reflections
which
I
have
often
made
upon
the
Proceedings
of
that
day
,
and
the
manage
of
them
,
I
cannot
but
think
,
that
either
the
Council
,
for
opening
,
disposing
and
applying
of
the
Evidence
,
were
strangely
infatuated
,
or
that
they
never
intended
the
Jury
should
believe
one
word
that
was
deposed
and
sworn
before
them
;
otherwise
they
would
never
have
begun
with
the
Testimony
of
so
infamous
a
fellow
.
This
Booth
hath
been
guilty
of
,
and
publickly
branded
with
all
sort
of
Crimes
and
Villanies
.
Having
of
a
Serving
man
or
Steward
,
commenced
Parson
,
he
was
justly
suspended
from
the
exercise
of
the
Ministry
,
and
withal
turned
out
of
his
living
,
not
only
for
Symony
,
but
for
Debauchery
.
He
hath
been
also
Indicted
and
Convicted
for
Clipping
and
Coining
;
and
had
not
His
Majesty
,
upon
the
importunity
of
some
persons
about
him
,
vouchsafed
him
a
Pardon
,
the
Papists
would
have
been
prevented
of
this
Witness
against
Protestants
;
for
the
Rogue
had
been
hang'd
long
ago
.
Can
any
man
think
,
that
he
is
a
credible
Witness
,
to
prove
the
best
Protestants
,
and
chiefest
men
of
Quality
of
England
,
guilty
of
Treason
,
who
had
been
condemned
himself
,
as
a
Traitor
for
a
crime
of
the
basest
and
most
ignominious
kind
.
I
know
that
a
Pardon
may
restore
a
person
to
be
a
Witness
in
Law
;
but
after
one
hath
been
Convicted
for
Crimes
so
prejudicial
to
States
and
Societies
,
as
Coining
and
Clipping
are
,
and
which
none
are
found
guilty
of
,
or
liable
unto
,
but
Villains
of
the
basest
Principles
and
most
degenerate
Natures
,
it
cannot
be
supposed
,
that
a
Pardon
will
ever
give
them
a
fair
Reputation
in
the
World
,
or
restore
them
to
any
considerable
Credit
amongst
men
;
but
that
notwithstanding
their
being
pardon'd
,
they
will
be
always
lookt
upon
as
fellows
inclinable
to
be
easily
corrupted
,
and
ready
to
embark
in
any
ill
design
.
Yea
,
besides
his
being
Convicted
and
Condemned
for
Treason
,
he
hath
been
also
Indicted
for
Murder
;
and
tho'
he
came
off
,
yet
all
who
were
present
at
the
Tryal
say
,
The
presumption
was
great
,
and
accordingly
preserve
in
their
minds
a
suspicion
of
his
guilt
.
For
the
matter
,
as
it
appeared
against
him
,
lay
thus
;
namely
,
That
a
certain
boy
having
had
occasion
to
know
divers
of
his
wicked
and
criminal
practices
,
Booth
thereupon
became
apprehensive
,
that
the
lad
by
discovering
them
,
might
bring
him
to
the
punishments
which
he
knew
he
deserved
;
and
therefore
having
set
the
youth
upon
a
Horse
,
he
drove
him
into
a
River
,
and
pursu'd
him
to
and
fro
,
till
he
was
overthrown
and
drowned
.
The
positive
swearing
of
a
Varlet
,
upon
whom
the
presumption
of
so
horrid
a
guilt
does
lye
,
cannot
in
the
judgment
of
all
impartial
men
,
so
much
as
fasten
a
Reproach
,
much
less
support
an
Accusation
of
Treason
against
any
person
.
Nor
will
it
in
the
issue
turn
to
the
honour
of
any
,
that
they
have
endeavoured
to
destroy
the
Life
of
a
great
Peer
,
upon
the
Testimony
of
this
profligate
wretch
.
I
might
add
to
those
Crimes
whereof
he
hath
been
Charged
and
Arraigned
at
Bars
,
his
having
passed
under
a
suspicion
,
and
undergone
Accusations
of
poysoning
not
only
a
Gentleman's
Horse
,
whose
Company
upon
the
Road
,
the
designs
which
he
had
then
in
hand
,
made
him
desirous
to
escape
and
avoid
,
but
of
poysoning
a
young
Maid
or
Girl
,
from
whose
death
he
expected
an
advantage
.
But
there
needs
no
more
to
blast
the
Credit
of
this
wretch
,
with
all
that
are
either
wise
or
honest
,
save
his
endeavouring
first
to
suborn
Capt.
Wilkinson
to
swear
falsely
against
the
Earl
of
Shaftsbury
,
and
then
deposing
Treason
against
the
Captain
,
for
not
complying
in
so
wicked
a
design
.
And
for
a
Jury
to
believe
such
a
profligate
Rascal's
Affidavit
,
were
both
to
bring
upon
themselves
the
guilt
of
innocent
blood
,
and
betray
their
own
and
other
mens
Lives
into
his
hands
,
whensoever
it
may
be
profitable
to
him
to
swear
Treason
against
them
.
Upon
the
whole
,
As
my
Lord
Chief
Justice
had
some
weighty
Reasons
,
why
he
would
not
allow
the
Jury
to
ask
Mr.
Booth
,
Whether
ever
he
had
been
Indicted
for
Fellony
,
so
the
Jury
had
sufficient
Reasons
from
common
Fame
,
and
the
Informations
of
others
,
as
well
as
just
grounds
of
suspicion
from
my
Lord's
Inhibition
,
and
the
Fellow
's
avoiding
to
answer
,
to
believe
that
he
had
,
and
consequently
to
judg
,
what
little
Credit
was
to
be
given
to
his
Testimony
.
The
next
person
who
appeared
upon
the
Stage
at
the
Old
Baily
,
upon
the
preferment
of
the
Bill
against
the
Earl
of
Shaftsbury
,
was
Mr.
Turberville
;
and
accordingly
we
shall
endeavour
to
satisfie
the
world
,
that
his
Depositions
against
this
Noble
Peer
ought
to
be
no
ways
believed
or
regarded
.
I
love
to
tread
softly
upon
the
grave
of
the
dead
,
and
therefore
shall
not
discover
the
gross
immoralities
of
his
Life
;
I
mean
,
such
as
detract
from
the
Reputation
of
a
man's
Word
and
Oath
.
For
being
delivered
from
his
malice
,
I
shall
not
load
his
Memory
,
more
than
the
being
just
to
our selves
,
and
the
whole
Protestant
party
in
this
Kingdom
,
makes
indispensably
necessary
.
Mr.
Sampson
deposeth
upon
Oath
,
That
he
and
Mr.
Turberville
being
together
,
at
the
Sign
of
the
Cock
,
by
the
Pall
Mall
,
Two
or
Three
days
before
Colledg's
Tryal
,
Mr.
Turberville
told
him
of
a
design
that
was
on
foot
against
Protestants
;
but
swore
,
That
he
knew
nothing
against
the
Earl
of
Shaftsbury
,
the
Lord
Howard
,
or
any
other
Protestants
,
save
only
of
Colledg
'
s
idle
words
,
and
Rous
'
s
keeping
back
the
charity
of
the
City
from
the
Evidence
.
William
Clerk
,
Esq
;
informeth
likewise
upon
Oath
,
That
upon
the
5th
of
July
he
went
to
see
Mr.
Turberville
;
and
having
found
him
in
a
house
in
Lincolns-Inn-Fields
,
in
bed
,
he
told
him
;
That
he
had
heard
by
Sir
Allen
Apsley
,
how
he
,
the
said
Turberville
,
had
given
Evidence
against
my
Lord
of
Shaftsbury
;
and
that
Turberville
replied
to
this
,
He
would
meet
Sir
Allen
any
where
but
at
his
own
house
,
and
would
justifie
,
that
he
was
never
in
Town
since
my
Lord
Stafford'
s
Tryal
;
and
that
he
never
gave
Evidence
against
the
Earl
of
Shaftsbury
,
neither
did
he
know
any
thing
against
him
.
Nay
,
there
are
many
other
persons
of
Quality
,
such
as
Sir
Francis
Rolls
,
William
Herbert
,
Esquire
,
—
Hobbs
,
Esquire
,
John
Trenchard
,
Esquire
,
Gentlemen
of
great
Honour
and
Truth
,
who
do
all
testifie
,
That
after
the
Commitment
of
the
Earl
of
Shaftsbury
,
Mr.
Turberville
declared
the
same
to
them
with
many
solemn
protestations
,
That
he
neither
was
,
nor
could
be
a
Witness
against
this
Noble
Peer
.
So
that
the
Grand
Jury
,
before
whom
the
Bill
against
the
Earl
of
Shaftsbury
was
preferred
,
had
just
ground
for
the
question
which
they
put
to
the
said
Turberville
;
viz.
Whether
,
having
been
challenged
by
some
,
after
my
Lord's
Commitment
,
concerning
his
being
a
Witness
against
him
,
he
had
not
protested
before
God
,
and
sworn
deeply
,
that
he
knew
nothing
against
my
Lord
.
And
all
men
of
Judgment
and
Sense
,
are
wonderfully
surprised
,
both
at
the
Attorney
General
's
objecting
,
That
they
were
not
to
be
allowed
to
ask
such
a
question
,
and
at
my
L.
C.
J.
insinuating
,
That
this
was
no
ground
to
cavil
with
the
Witnesses
upon
:
(
for
so
,
according
to
our
Manuscript
,
tho'
it
be
in
gentler
terms
in
the
Print
,
he
was
pleased
to
express
it
)
.
For
as
a
Jury
are
to
take
equal
care
to
defend
the
Lives
and
Reputations
of
the
innocent
,
as
to
convict
such
as
are
criminal
and
guilty
;
so
they
are
obliged
to
take
notice
of
every
thing
which
lies
in
a
subserviency
to
the
discovery
of
the
Truth
,
which
way
soever
it
arrives
with
them
,
whether
it
be
upon
publick
fame
,
or
by
the
information
of
particular
persons
.
Seing
therefore
it
plainly
appears
,
that
what
Turberville
said
in
the
Court
,
was
contradictory
to
what
he
had
declared
to
divers
persons
elsewhere
;
and
that
his
Oath
at
the
Bar
,
was
directly
repugnant
to
what
he
had
sworn
before
divers
Gentlemen
in
other
places
,
we
may
very
reasonably
conclude
,
that
his
whole
Depositions
against
my
Lord
,
were
either
the
invention
of
this
perjur'd
fellow
,
or
that
they
were
dictated
unto
him
by
such
who
had
hired
and
suborned
him
to
come
in
as
an
Evidence
,
in
order
to
destroy
this
honourable
Peer
.
But
this
is
not
all
that
we
have
to
offer
against
the
credibility
of
this
Witness
;
for
besides
this
,
we
have
the
Testimonies
of
several
honest
and
reputable
persons
,
of
his
acknowledging
,
that
he
had
been
often
tempted
to
go
off
from
his
Evidence
against
the
Papists
,
and
to
come
in
,
and
depose
against
Protestants
.
For
not
only
Mr.
Broadgate
swears
,
That
Mr.
Turberville
told
him
,
that
he
had
great
proffers
of
preferment
and
rewards
from
the
Court
,
if
he
would
go
off
from
what
he
had
said
,
and
come
upon
the
contrary
,
but
Dr.
Oats
affirms
,
That
the
said
Turberville
declared
unto
him
,
how
Mr.
Warcup
had
offered
him
any
thing
No
Protestant
Plot
,
part
1.
p.
26.
he
would
desire
,
provided
he
would
swear
against
the
Earl
of
Shaftsbury
,
my
Lord
Howard
,
Mr.
Rous
and
Mr.
Whitaker
.
Yea
,
his
being
one
of
those
that
subscribed
the
Petition
to
my
Lord
Mayor
,
the
Aldermen
,
and
the
Commons
of
London
,
in
Common-Council
assembled
,
wherein
they
declare
,
That
the
Papists
had
not
only
so
far
wrought
upon
the
necessities
of
some
,
as
that
for
a
present
supply
,
they
had
Ship-wrack'd
their
consciences
,
but
that
they
were
tampering
with
,
and
labouring
to
corrupt
others
of
the
most
considerable
Witnesses
;
I
say
his
being
one
that
subscribed
that
Petition
,
is
enough
to
assure
all
unbiassed
persons
,
how
and
upon
what
Motives
and
Terms
he
came
to
be
an
Evidence
concerning
a
Protestant
Plot.
And
whereas
he
had
the
Impudence
to
affirm
in
Court
,
That
tho
he
signed
that
Petition
,
yet
he
never
read
it
,
nor
knew
what
was
in
it
;
I
shall
here
subjoin
an
Information
of
Mr.
Bellamy
,
the
Scrivener
who
drew
it
,
which
being
directly
to
the
contrary
,
may
serve
both
to
overthrow
this
shameless
evasion
,
and
convince
the
world
what
a
lying
infamous
Rascal
this
Turberville
was
.
Now
the
Information
which
Mr.
Beliamy
hath
both
given
under
his
hand
,
and
declares
himself
ready
to
Depose
upon
Oath
,
whensoever
he
shall
be
called
thereunto
,
is
in
the
words
following
;
namely
,
That
Mr.
Turberville
,
Macknamarra
,
Haynes
and
others
came
to
his
house
(
being
near
Guild-hal
)
the
Night
before
the
Common-Council
sate
,
to
desire
him
to
draw
a
Petition
to
the
Lord
Mayor
,
Court
of
Aldermen
and
Common
Council
,
for
their
present
support
and
maintenance
.
And
that
when
they
had
given
him
Instructions
,
he
drew
a
foul
draught
thereof
,
which
he
read
to
them
the
next
Morning
,
as
audibly
and
distinctly
as
he
could
;
and
that
they
all
seemed
very
well
satisfied
with
it
,
desiring
only
that
he
would
add
to
the
last
clause
of
the
body
of
the
Petition
these
words
,
viz.
That
they
could
not
be
supplied
out
of
His
Majesties
Exchequer
.
And
that
when
he
had
thus
perfected
the
foul
draught
to
their
satisfaction
,
and
ingrossed
it
,
he
read
it
to
them
again
with
the
same
plainness
and
distinctness
as
before
;
and
that
all
of
them
did
very
well
approve
of
it
,
especially
Mr.
Turberville
,
who
was
pleased
to
give
it
a
particular
Character
.
Now
whether
we
ought
to
believe
Mr.
Turberville
,
who
swears
That
he
never
read
that
Petition
,
nor
knew
what
was
in
it
;
but
that
it
was
drawn
by
the
order
of
Mr.
Colledg
,
or
believe
Mr
Bellamy
,
who
affirms
and
is
ready
to
depose
upon
Oath
,
That
Turberville
and
the
rest
gave
Instructions
for
the
drawing
of
it
,
ordered
the
foul
draught
to
be
corrected
by
the
addition
of
several
important
words
,
had
it
read
to
them
distinctly
and
audibly
,
and
gave
their
approbation
of
it
;
I
shall
refer
it
to
the
judgment
of
all
sober
,
discreet
and
unbiassed
men
.
Nor
is
it
unworthy
of
our
observation
,
that
when
the
same
Petition
was
objected
against
him
at
Oxford
,
towards
the
invalidating
his
Testimony
against
Mr.
Colledg
,
he
was
provided
with
no
such
answer
as
this
,
which
he
retreated
to
at
the
Old-Baily
;
which
forced
My
Lord
Chief-Justice
North
to
endeavour
to
relieve
him
,
by
saying
,
There
was
nothing
in
that
Petition
,
that
is
a
Contradiction
to
what
he
then
Swore
.
But
I
humbly
conceive
all
men
will
not
be
of
this
Reverend
Judges
mind
,
especially
when
they
consider
that
Turbervile
and
the
rest
whose
hands
are
to
that
Petition
,
do
not
only
therein
declare
how
restless
the
Papists
were
in
tampering
with
the
Witnesses
to
corrupt
them
to
stifle
and
discredit
the
belief
of
the
Popish
Plot
,
but
that
they
were
labouring
to
obtain
them
to
impute
the
same
unto
,
and
devolve
it
upon
Protestants
.
And
for
the
shift
which
Turberville
hath
since
betaken
himself
unto
,
it
is
nothing
but
an
evasion
,
either
lately
invented
by
himself
,
or
suggested
unto
him
by
those
that
Suborned
him
.
And
yet
the
Silliness
of
it
is
as
conspicuous
as
the
Falshood
.
For
as
it
is
incredible
that
any
man
should
set
his
hand
to
a
Paper
,
which
he
had
neither
read
,
nor
knew
what
was
in
it
;
so
no
man
that
should
draw
such
a
Petition
,
provided
he
were
wise
,
would
admit
it
,
seing
it
might
give
those
very
persons
,
at
whose
desire
he
had
done
it
,
an
advantage
of
turning
upon
him
,
to
his
prejudice
.
The
whole
ground
and
foundation
upon
which
Turbervile
came
to
Swear
a
Protestant
Plot
,
are
laid
open
Because
the
Citizens
had
deserted
him
,
and
God
damn
him
he
would
not
starve
.
Alas
!
We
poor
Protestants
thought
our selves
safe
in
our
Innocency
,
but
behold
a
company
of
indigent
and
mercinary
Rascals
have
resolved
to
Swear
us
into
Guilt
,
that
they
might
obtain
Bread
.
Upon
the
whole
it
doth
appear
,
that
the
Testimony
of
Turberville
ought
to
be
esteemed
of
no
validity
:
And
that
the
Jury
could
not
in
the
case
of
my
Lord
of
Shaftsbury
do
otherwise
than
they
did
,
notwithstanding
the
Testimony
of
this
Fellow
,
without
becoming
themselves
unrighteous
and
unjust
.
The
next
person
that
mounted
as
an
Affidavit-man
against
the
Earl
of
Shaftsbury
,
was
Mr.
John
Smith
,
a
person
every
way
adapted
to
compensate
the
deficiency
of
truth
in
what
he
says
,
with
impudence
in
the
manner
of
declaring
it
.
And
because
some
who
do
not
throughly
know
the
man
,
seek
more
especially
to
countenance
the
belief
of
a
Protestant
Plot
from
his
Testimony
,
we
shall
be
the
more
careful
to
unmask
him
,
and
give
the
world
a
representation
of
him
in
his
just
features
,
complexion
and
colours
.
What
truely
his
Christian
Name
is
,
or
whether
he
have
any
or
no
,
I
cannot
certainly
tell
;
but
I
have
made
a
shift
of
late
to
learn
both
his
Sirname
and
his
Country
;
namely
that
the
one
is
Ireland
,
and
the
other
Barry
.
And
seeing
that
See
procedings
against
the
Earl
of
Shaftsbury
,
p.
69.
he
was
not
brought
to
acknowledg
the
name
of
Barry
,
but
after
some
tergiversation
;
I
do
affirm
,
that
that
is
the
only
name
he
ought
to
go
by
,
if
it
were
not
the
temper
,
humour
and
interest
of
the
man
to
walk
always
in
a
disguise
.
And
forasmuch
as
he
hath
been
ambitious
to
seek
a
Reputation
by
pretending
himself
an
English-man
,
I
do
proclaim
to
all
the
world
,
that
he
was
born
in
Connaught
▪
in
the
Kingdom
of
Ireland
.
'T
is
so
habitual
for
some
to
lie
,
that
no
ties
nor
obligations
can
make
them
speak
truth
.
However
,
he
hath
not
so
much
dishonoured
England
,
by
pretending
himself
a
Native
here
,
as
he
hath
our
Lord
Jesus
Christ
,
by
giving
himself
out
for
a
Christian
.
For
whereas
England
owns
many
Villains
and
flagitious
persons
for
Natural
Subjects
and
free
Denisons
,
Christ
will
acknowledg
none
for
Christians
that
only
make
mention
of
his
Name
,
when
they
blaspheme
it
.
But
if
the
world
will
account
him
for
a
Christian
that
swears
as
often
as
he
speaks
,
I
say
,
that
in
all
probability
,
notwithstanding
whatsoever
he
pretends
to
the
contrary
,
he
is
truly
and
really
a
Papist
.
For
Mr.
Sampson
hath
deposed
upon
Oath
,
That
John
Smith
,
Stephen
Dugdale
and
Edward
Turberville
,
having
sent
for
him
to
the
One
Tun
Tavern
in
Hungerford
Market
,
on
the
23d
of
September
last
,
Smith
begun
the
Duke
of
York
'
s
Health
,
swearing
,
God
damn
him
,
that
he
therefore
both
loved
him
,
and
drunk
his
Health
because
he
was
a
Papist
.
I
am
so
far
from
being
angry
at
his
drinking
the
Duke
of
York's
Health
,
that
out
of
sincere
love
to
His
Majesty
,
as
well
as
the
Protestant
Religion
,
I
wish
no
man
may
ever
have
occasion
to
drink
it
under
a
higher
Title
.
All
that
I
would
observe
is
,
upon
what
motive
and
inducement
Barry's
love
to
his
Royal
Highness
is
grounded
and
built
.
To
this
I
shall
only
subjoin
one
proof
more
,
of
what
Religion
,
whatsoever
he
pretends
,
we
ought
to
esteem
him
to
be
;
namely
,
that
he
said
at
Newark
,
He
would
sooner
hang
Ten
Protestants
than
One
Papist
.
And
his
Reason
was
as
considerable
as
his
Assertion
,
viz.
because
the
Popish
principles
led
them
to
Treason
,
which
the
Protestant
principles
did
not
.
It
would
seem
,
the
fellow
begun
to
apprehend
,
that
the
Court
would
grow
weary
of
his
confidence
and
importunity
,
and
therefore
he
begins
to
commend
principles
which
may
justifie
his
being
another
Jaques
Clement
,
or
a
new
Ravilliack
.
And
if
he
answer
the
Character
I
have
received
of
him
,
there
is
not
a
person
alive
,
who
is
more
likely
to
supply
the
place
,
and
undertake
the
Province
of
the
Four
Ruffians
,
who
were
disappointed
and
prevented
in
their
design
against
his
Majesty
,
Anno
1678.
than
this
lean
,
long
chapp'd
Cassius
featured
fellow
is
;
and
the
rather
,
to
expiate
the
Crimes
against
the
Papists
and
the
D.
of
Y.
which
he
contracted
,
by
pretending
to
be
the
Author
of
a
Narrative
,
which
,
save
the
Deposition
,
was
none
of
his
own
.
But
to
make
a
nearer
approach
to
the
Credibility
(
and
that
I
may
usurp
a
modern
Phrase
)
,
the
Veracity
of
this
Gentleman
,
there
are
no
fewer
than
an
hundred
Witnesses
,
who
can
testifie
,
how
he
usually
reproached
the
Irish
Evidence
,
alledging
,
that
their
Credit
was
so
mean
,
that
it
would
not
sustain
the
Depositions
which
they
had
given
concerning
a
Popish
Plot
;
and
that
all
of
them
were
such
Mercinary
Rascals
,
as
would
be
induced
,
and
were
in
a
fair
way
of
being
prevailed
upon
to
swear
,
that
there
was
a
Conspiracy
wherein
Protestants
were
engag'd
against
the
Government
.
And
s
Trial
,
p.
91.
the
morning
when
Haynes
was
apprehended
,
and
was
said
to
have
made
a
great
discovery
to
this
purpose
,
Smith
protested
to
Mr.
Blake
,
a
Linnen-Draper
in
Cornhill
,
that
it
was
all
but
Sham
,
and
an
acting
over
the
Meal-Tub
design
.
Nay
,
the
very
day
that
Everard
and
he
were
called
as
Witnesses
upon
the
Bill
against
my
Lord
Howard
,
he
told
Mr.
Wilmore
,
calling
God
to
witness
to
the
truth
of
what
he
said
,
That
he
knew
no
harm
by
my
Lord
Howard
,
nor
by
any
Protestant
in
England
;
and
that
he
knew
no
Reason
,
why
he
and
Mr.
Everard
should
be
subpoena'd
,
unless
it
were
to
gloss
the
business
,
and
make
Mrs.
Fitz
Harris
'
s
and
her
Maid's
Testimony
go
down
the
better
with
the
Jury
.
The
same
he
told
that
very
day
to
Dr.
Oats
,
with
this
addition
,
That
he
should
be
a
great
Rogue
,
if
he
swore
against
any
Protestant
,
whether
Lord
or
other
.
And
the
Evening
after
Mr.
Fitz-Harris
was
Executed
,
Smith
being
in
company
with
Mr.
Blake
,
Mr.
Kelsey
and
Mr.
Hamlin
,
Three
persons
of
unspotted
Integrity
and
good
Credit
,
and
being
discoursing
concerning
the
Plot
which
Haynes
was
reported
to
have
sworn
,
he
ridicul'd
it
as
meer
Sham
,
and
perfect
forgery
.
And
not
only
so
,
but
some
days
after
Colledg's
Tryal
,
he
affirmed
to
Mr.
Gardiner
,
a
Common
Council-man
,
and
to
one
Mr.
Smith
,
an
Apothecary
,
That
he
knew
of
no
Protestant
Plot
,
neither
did
he
know
of
any
Protestant
concerned
in
a
Plot
,
only
that
Colledg
had
spoken
such
and
such
words
,
which
for
his
part
he
did
not
believe
to
be
true
.
Nay
,
the
Monday
before
the
Earl
of
Shaftsbury
was
Committed
,
he
sent
for
a
Gentleman
,
who
when
there
is
a
just
occasion
,
will
be
ready
to
testifie
it
upon
Oath
;
and
the
Gentleman
having
met
him
according
to
his
desire
,
he
not
only
told
him
,
there
was
Treason
sworn
against
that
Noble
Peer
,
and
by
whom
,
but
that
a
certain
Lord
in
the
other
end
of
the
Town
,
had
been
dealing
with
him
to
swear
likewise
against
him
.
Withal
,
he
further
added
,
that
he
replied
to
that
Lord
,
and
said
,
He
thought
he
knew
the
Earl
of
Shaftsbuoy
as
well
,
and
had
as
much
Credit
with
him
,
as
those
whom
his
Lordship
had
named
for
Witnesses
against
him
,
and
yet
he
had
never
heard
him
say
any
thing
that
was
Treasonable
,
nor
what
had
a
tendency
that
way
.
And
this
he
desired
to
have
communicated
to
my
Lord
Shaftsbury
that
night
,
saying
,
it
was
his
interest
to
know
it
as
soon
as
might
be
,
seeing
there
was
a
great
design
against
his
Life
.
And
yet
after
all
these
Declarations
,
made
at
several
times
,
and
to
different
persons
,
this
impudent
and
frontless
fellow
,
hath
not
been
ashamed
to
appear
on
the
publick
Stage
,
and
accuse
this
Honourable
Peer
of
most
horrid
Treasons
.
Nor
is
it
difficult
to
conceive
,
how
this
came
about
:
for
being
a
man
of
no
Conscience
,
and
ambitious
of
Preferment
,
he
was
easily
perswaded
by
Justice
Warcup
,
upon
the
promise
of
a
Deanry
,
to
undertake
the
accusing
Protestants
of
a
Conspiracy
against
his
Majesties
Person
and
the
established
Government
.
He
had
been
often
complaining
,
that
he
was
neither
so
much
regarded
at
Court
,
nor
rewarded
by
the
Parliament
and
Kingdom
,
as
he
thought
he
deserved
,
and
had
impatiently
expected
,
for
the
discovery
which
he
gave
of
the
Popish
Plot.
And
therefore
being
accosted
by
Warcup
,
with
promises
of
preferment
,
beyond
what
he
could
hope
for
by
adhering
to
his
Evidence
against
the
Papists
,
he
readily
complied
with
the
Justice's
importunity
,
and
comenceth
a
Witness
on
the
gainful
side
.
This
plainly
appears
by
the
information
which
Dr.
Oats
hath
given
;
namely
,
That
the
Dr.
having
askt
Smith
,
what
he
had
been
at
Windsor
about
?
Smith
,
by
way
of
reply
,
told
him
,
he
had
been
there
about
a
design
which
he
supposed
the
Dr.
would
be
glad
to
come
into
;
and
that
he
might
not
only
learn
it
of
Warcup
,
but
be
happy
,
if
he
followed
his
advice
therein
.
Accordingly
,
the
Dr.
being
curious
to
know
what
this
great
project
,
which
would
render
a
man
happy
,
should
be
,
he
addressed
himself
to
the
Justice
,
who
told
him
,
That
there
was
a
design
to
take
off
my
Lord
of
Shaftsbury
,
and
that
he
had
brought
over
Smith
,
and
several
others
to
accuse
him
,
and
swear
a
Protestant
Plot.
And
if
the
design
against
the
Lives
of
Protestants
,
were
to
be
carried
by
positive
Swearing
,
there
is
not
a
Knight
of
the
Post
in
England
that
can
parallel
Smith
in
a
bold
and
daring
Affidavit
.
For
he
that
hath
so
far
abandoned
all
Modesty
,
and
renounced
all
Fear
,
as
not
to
forbear
to
say
,
That
if
he
pleased
,
he
could
prove
God
Almighty
a
fool
;
will
never
be
startled
at
Swearing
an
Innocent
and
Loyal
person
,
a
Rebel
and
Traitor
.
And
he
that
that
is
so
dreadless
of
the
Tribunal
of
Christ
,
as
to
bid
God
damn
the
Gospel
,
will
easily
dispense
with
murdering
the
guiltless
.
It
is
not
improbable
,
but
that
the
fellow
being
originally
an
Irish
papist
,
was
nursed
with
the
Blood
of
Protestants
;
and
that
therefore
he
still
thirsts
after
it
,
as
his
natural
and
genial
drink
.
He
knows
how
to
compensate
the
want
of
truth
in
the
matter
he
is
to
swear
about
,
by
impudence
in
the
manner
of
declaring
what
he
swears
unto
.
And
could
he
have
been
but
once
believed
by
a
Jury
,
there
would
no
man
have
been
safe
,
whom
he
either
hated
,
or
whom
his
supreme
Directors
were
desirous
to
have
taken
out
of
the
way
.
For
there
is
one
Mr.
Shewin
Deposeth
that
he
heard
him
say
,
That
had
he
but
the
knowledg
of
Mr.
Jenks
and
several
others
who
had
traduced
him
,
he
would
make
examples
of
them
,
and
not
fail
to
Swear
that
against
them
,
that
should
take
them
off
.
And
there
is
a
Gentleman
of
unquestionable
reputation
,
who
affirms
he
heard
Smith
say
,
He
could
swear
Treason
against
an
hundred
.
Protestants
,
had
he
but
other
Witnesses
to
join
with
him
.
Nor
did
Smith
think
it
enough
to
engage
to
perjure
himself
in
order
to
destroy
Protestants
,
but
he
hath
turned
Suborner
of
others
to
do
the
same
.
And
I
suppose
I
may
lawfully
and
fairly
mention
Balron's
Deposition
to
that
purpose
.
For
tho'
he
be
a
profligate
Villain
himself
,
yet
he
may
be
a
good
Witness
against
his
Complices
,
and
especially
such
as
debauched
him
into
Perjury
.
That
which
he
Deposeth
is
briefly
this
,
namely
,
That
Smith
perswaded
p.
57
,
58.
him
to
Swear
,
that
Sir
John
Brooks
and
others
held
a
Consult
at
Grantham
,
and
that
it
was
there
resolved
it
was
better
to
seize
the
King
at
Oxford
,
than
to
let
him
go
;
and
that
if
Balron
would
manage
it
rightly
against
my
Lord
Shaftsbury
and
Colledge
,
he
would
makehim
for
ever
.
And
seing
Mowbray
hath
been
lately
produced
by
Just
.
Warcup
at
the
Court
of
the
Verge
as
a
good
Evidence
,
I
suppose
we
may
likewise
produce
his
Testimony
,
in
proof
of
Smith's
being
a
Suborner
.
Now
he
Deposeth
,
That
Smith
importuned
him
to
Swear
,
That
Sir
John
Brooks
had
said
there
would
be
cutting
of
throats
at
Oxford
,
and
that
the
King
would
be
seized
there
.
And
he
says
Smith
added
,
That
the
Parliaments
denying
the
King
Money
,
p.
59
,
60.
and
standing
upon
the
Bill
of
Exclusion
,
was
pretence
enough
sor
any
man
to
Swear
,
that
there
was
a
Design
against
the
King
,
and
that
the
King
was
to
he
apprehended
.
And
as
these
Witnesses
ought
not
to
be
disallowed
by
the
managers
of
this
Protestant
Plot
,
seing
they
are
made
use
of
by
themselves
,
so
they
not
only
prove
Smith
to
be
an
infamous
and
suborning
Rascal
.
But
besides
the
Depositions
unfold
and
declare
the
whole
Mystery
of
this
pretended
protestant
Conspiracy
.
For
whosoever
are
either
against
a
Popish
Successor
,
or
unwilling
to
give
Money
till
they
know
how
it
shall
be
employed
and
applied
,
are
to
be
Sworn
against
as
Guilty
of
a
Design
to
Depose
the
King
and
alter
the
Government
.
So
that
there
is
no
mean
,
if
these
men
have
their
Will
,
but
we
must
either
submit
to
be
Papists
and
Slaves
,
or
else
we
must
be
content
to
be
destroyed
as
Rebels
and
Traitors
,
in
the
way
of
a
Legal
Process
.
I
think
we
may
say
now
upon
the
whole
of
what
hath
been
declared
concerning
Smith
,
that
that
man
is
not
careful
of
his
own
Credit
,
who
will
give
credit
to
this
fellows
Testimony
.
And
whatsoever
Jury
should
find
a
Bill
upon
this
Wretches
Evidence
,
may
be
justly
esteemed
to
put
their
Neighbours
Life
in
jeopardy
,
upon
the
Oath
of
a
suborned
and
perjured
Rogue
.
Nor
can
they
who
shall
hereafter
bring
in
a
Verdict
against
Protestants
upon
Smith's
Deposition
,
be
thought
to
have
duly
regarded
or
considered
the
quality
of
the
Witness
,
or
the
credibility
of
the
Evidence
;
but
rather
be
judged
by
all
to
have
pursued
either
their
own
Animosities
,
or
the
unjust
Quarrels
of
other
men
.
The
next
Witness
who
at
the
proceeding
at
the
Old-Baily
swore
against
that
Honourable
Peer
the
Earl
of
Shaftsbury
,
was
Brian
Haynes
,
a
fellow
stigmatized
and
branded
with
the
infamy
of
so
many
Crimes
,
that
he
disgraceth
any
Cause
which
he
is
produced
in
the
favour
of
For
seeming
Angels
are
not
to
be
believed
,
when
they
are
in
fellowship
,
and
speak
in
consort
with
Hellish
Fiends
.
It
were
endless
to
recount
the
Enormities
of
his
Life
,
all
his
days
having
been
spent
in
wickedness
and
profligacy
.
For
besides
the
Thefts
and
Robberies
whereof
he
was
guilty
when
at
liberty
:
This
is
remarkable
,
that
when
his
Debaucheries
and
Immoralities
had
lodged
him
about
six
years
ago
in
the
Kings-Bench
,
so
prevalent
was
the
habit
of
Villany
which
he
had
acquired
,
that
among
other
Rogueries
Deposition
in
Colledge
'
s
Trial
,
p.
44.
which
he
practised
there
,
he
stole
a
Tankard
belonging
to
the
Drawer
.
And
what
is
this
less
than
committing
a
Robbery
in
the
sight
of
the
Gallows
,
which
we
say
'
is
the
highest
Token
of
irreclaimabless
and
obstinacy
in
Wickedness
.
Yea
Perjury
it self
,
which
is
the
most
fatal
and
destructive
sin
to
the
Safety
and
Peace
of
Mankind
,
is
a
Trade
which
he
hath
been
long
accustomed
unto
.
For
in
a
Case
between
Mr.
Bill
and
my
Lady
Windham
,
divers
years
since
,
he
gave
a
false
Testimony
upon
Oath
,
as
he
not
only
afterwards
acknowledged
to
my
Lord
Chief-Justice
Rainsford
,
but
for
which
he
craved
her
Ladiships
Pardon
.
Nor
is
there
any
thing
more
obvious
,
than
that
he
swore
falsly
at
Oxford
upon
Colledge's
Trial.
For
whereas
he
there
Deposeth
upon
Oath
,
That
Colledge
s
Trial
,
p.
31
,
31.
should
speak
opprobriously
of
My
Lord
Chief-Justice
Pemberton
,
in
the
Month
of
March
,
before
the
Parliament
sate
at
Oxford
,
it
is
most
certain
and
falls
under
the
knowledg
of
all
English-men
,
That
that
worthy
Gentleman
of
the
Coif
was
not
made
Chief-Justice
till
about
the
middle
of
April
following
.
So
doth
God
infatuate
men
when
they
engage
themselves
in
a
wicked
Design
,
that
he
over-rules
them
in
some
thing
or
other
to
betray
themselves
,
and
beyond
their
intention
to
detect
the
Villany
wherein
they
are
concerned
.
To
that
prodigious
Impudency
was
that
Wretch
arrived
,
that
he
hath
openly
professed
Swearing
and
Perjury
to
be
his
Trade
.
For
Mr.
Hickman
Deposeth
,
That
he
heard
Haynes
say
to
one
Mr.
God
damn
him
,
he
cared
not
what
he
swore
,
nor
whom
he
swore
against
,
because
it
was
his
Trade
to
get
his
Money
by
Swearing
.
This
brazen-faced
Varlet
that
swears
now
so
positively
a
Protestant
Plot
,
did
not
only
Depose
upon
Oath
before
Sir
George
Treby
,
March
6.
1681.
That
David
Fitzgerald
was
pursuing
a
Design
of
shamming
the
Popish
Plot
,
and
f●rging
a
Protestant
one
;
but
he
presented
the
same
in
a
Paper
which
remains
at
the
Council-Board
,
a
Copy
whereof
as
it
was
extrcted
by
William
Blathwayt
the
5th
of
Octob.
1681.
I
shall
here
annex
.
Brian
Haynes
,
of
London
,
Gentleman
,
Aged
Thirty
years
,
and
upwards
,
maketh
Oath
,
That
Mr.
David
Fitz-Gerald
,
one
of
the
Kings
Evidence
,
told
this
Deponent
,
about
the
latter
end
of
February
last
,
that
he
the
said
Fitz-Gerald
possessed
His
Majesty
,
and
also
gave
it
under
his
Hand
and
Seal
,
that
the
late
Plot
was
a
Presbyterian
Plot
,
and
invented
by
the
Right
Honourable
the
Earl
of
Shaftsbury
,
of
purpose
to
extirpate
the
Family
of
the
Steward
'
s
,
and
dethrone
his
present
Majesty
,
and
turn
England
into
a
Common-wealth
,
or
else
set
the
Crown
upon
the
said
Earl's
head
,
which
the
said
Earl
told
the
said
Fitz
Gerald
,
did
more
appertain
to
the
said
Earl
,
than
to
his
present
Majesty
.
And
this
Deponent
further
saith
,
That
one
Robert
Power
,
agent
for
the
Earl
of
Tyrone
;
and
likewise
the
said
Fitz
Gerald
did
divers
times
tamper
with
the
Deponent
,
to
speak
with
Mr.
John
Macknamarra
,
to
the
end
the
said
Macknamarra
would
retract
his
Depositions
concerning
the
Popish
Plot
,
against
the
said
Earl
of
Tyrone
.
And
that
in
case
the
said
Macknarra
would
deny
what
he
deposed
against
the
said
Earl
of
Tyrone
,
the
said
Robert
Power
and
David
Fitz
Gerald
,
did
to
this
Deponent
promise
,
the
said
Macknamarra
should
be
provided
for
all
the
days
of
his
Life
.
And
this
Deponent
further
saith
,
That
the
said
Fitz
Gerald
told
this
Deponent
,
he
wanted
but
Mr.
John
Macknamarra
to
come
in
and
joyn
with
him
,
and
he
would
have
the
Earl
of
Shaftsbury'
s
head
cut
off
,
and
sham
the
whole
Popish
Plot.
By
this
Deposition
we
are
plainly
led
into
this
whole
devili●h
Intrigue
,
of
charging
Protestants
with
a
Conspiracy
against
the
Person
of
the
King
,
and
the
established
Monarchy
.
For
Fitz
Gerald
being
corrupted
by
the
Papists
,
and
s●ch
as
manage
their
designs
,
to
sham
off
the
Popish
Plot
,
and
swear
one
upon
Protestants
,
he
accordinly
applies
himself
to
every
person
,
whom
he
conceived
,
with
any
probality
,
entertain
thoughts
of
prevailing
upon
.
And
by
dealing
with
men
of
no
Principles
,
and
of
most
profligate
Lives
,
to
whom
were
proposed
great
Offices
and
ample
Rewards
,
they
have
by
degrees
been
able
to
muster
up
Nine
or
Ten
Rascals
,
most
of
which
were
before
notoriously
infamous
;
and
having
clothed
them
with
the
stile
of
the
King's
Evidence
,
they
grow
angry
that
their
Testimony
is
not
admitted
to
the
reproach
of
our
Religion
,
and
the
destruction
of
many
innocent
persons
.
Yea
,
this
wretch
Hayn's
confessed
to
one
Mrs.
Hall
,
That
he
had
been
dealt
with
to
form
a
Presbyterian
and
that
he
was
desired
to
corrupt
and
suborn
one
Everard
and
others
to
come
over
and
promote
the
same
Design
.
And
upon
the
Overtures
which
had
been
made
him
,
he
not
only
told
one
Mr.
Titon
,
That
he
could
frame
a
Presbyterian
Plot
,
and
that
there
was
Money
to
be
gotten
by
doing
it
;
but
he
acknowledged
to
one
Mr.
Richards
,
That
he
was
employed
and
had
an
hand
in
putting
the
Plot
upon
Dissenting
Protestants
;
and
that
he
was
offered
a
Pardon
and
500
l
,
if
he
would
swear
such
and
such
base
things
,
That
is
,
if
he
would
accuse
the
Earl
of
Shaftsbary
and
other
Loyal
Patriots
of
Religion
and
English
Liberties
,
of
being
guilty
of
a
Conspiracy
against
his
Majesty
,
and
the
established
Government
.
And
the
Fellow
being
in
great
want
,
and
having
long
before
shipwrack't
his
Conscience
,
he
was
easily
brought
to
comply
with
this
wicked
and
abominable
Proposal
.
For
as
he
told
Mowbray
,
His
necessitous
Condition
made
him
take
desperate
Resolutions
,
and
that
to
make
his
Fortune
,
he
would
swear
a
Plot
against
the
Presbyterians
,
in
reference
to
whom
any
plausable
thing
would
be
believed
.
And
that
the
World
may
know
of
how
long
standing
this
forged
Conspiracy
has
been
,
I
shall
here
add
something
of
Sampson's
Deposition
upon
Oath
before
an
Alderman
of
London
,
which
may
serve
further
to
enlighten
this
Affair
.
He
swears
,
That
John
Macknamarra
told
him
,
that
Edward
Ivey
and
Bryan
Hayns
agreed
together
in
April
last
,
to
swear
Treason
against
the
Earl
of
Shaftsbury
,
and
that
the
Treason
which
they
resolved
to
swear
,
was
,
That
the
said
Earl
should
say
,
That
this
King
deserved
more
to
be
dethroned
than
Richard
the
second
;
and
that
he
the
said
Earl
would
dethrone
the
King
,
and
make
England
a
Common-Wealth
;
and
that
if
the
Bill
against
the
Earl
of
Shaftsbury
were
once
found
,
that
then
they
with
Smith
,
Turbervil
,
and
others
would
swear
Treason
against
many
more
.
And
as
we
may
be
sure
,
that
the
Villan's
being
a
Papist
,
disposed
him
the
more
readily
to
venture
upon
a
Design
which
was
judged
so
subservient
to
the
Romish
Interest
,
so
it
were
worth
the
while
to
inform
the
World
with
what
Court-Ministers
,
and
little
Officers
he
secretly
corresponded
all
the
time
he
pretended
to
abscond
.
But
as
those
persons
must
be
left
to
suffer
by
Justice
of
a
Parliament
,
so
all
the
Discoveries
relating
to
a
close
Converse
between
those
Gentlemen
and
Hayns
,
must
be
deferred
till
this
whole
matter
fall
under
the
Inspection
of
the
Two
Houses
.
But
so
zealous
of
a
sudden
did
the
Rascal
become
in
ruining
Protestants
upon
this
forged
Plot
,
That
he
not
only
called
the
Parliament
at
Oxford
a
company
of
Rogues
,
because
they
would
give
the
King
no
Money
;
but
that
by
doing
Shaftsbury
and
other
Protestants
business
,
they
would
help
him
to
Money
out
of
the
Phanatiks
estates
;
for
they
would
rather
damn
their
Souls
to
the
Devil
,
than
that
the
Catholick
Cause
should
sink
.
If
men
did
not
chuse
the
being
imposed
upon
,
and
were
not
obstinate
against
conviction
,
they
might
have
been
satisfied
long
ago
,
that
there
was
no
Truth
nor
Reality
in
all
the
talk
and
noise
which
we
have
had
concerning
a
Protestant
Plot
;
but
that
it
is
only
the
invention
of
ill
men
,
instructed
and
acted
by
the
Papists
,
for
the
retrieving
the
sinking
Cause
and
Interest
of
the
Catholick
Church
in
these
Nations
.
And
they
have
pitched
upon
Tools
who
are
either
wholly
fearless
of
Damnation
,
or
such
who
upon
a
promise
of
Happiness
in
this
world
,
are
resolved
to
venture
it
.
So
that
upon
what
hath
been
here
with
all
Truth
as
well
as
Brevity
represented
concerning
this
Fellow
Haynes
,
I
hope
that
at
least
all
the
sober
part
of
Mankind
will
see
cause
for
justifying
the
late
Jury
in
their
not
believing
his
Testimony
.
Nor
have
I
insisted
upon
half
the
Crimes
and
gross
Immoralities
of
his
Life
,
such
as
his
forging
a
Letter
to
one
Mr.
Harbottle
of
Lincoln
,
in
order
to
cozen
a
Gentleman
of
Goods
,
to
the
value
of
200
l.
And
his
marrying
one
Mrs.
Mansfield
,
and
then
turning
her
away
,
after
he
had
lived
divers
years
with
her
,
and
spent
500
l.
which
she
brought
him
,
pretending
she
was
but
his
Whore
,
because
they
were
not
married
according
to
the
Form
of
the
Church
of
England
,
but
after
the
Romish
Fashion
;
tho'
he
that
is
guilty
of
such
things
ought
not
to
be
believed
,
unless
the
matter
he
swears
carry
a
probability
in
it
,
or
be
rendred
morally
certain
by
Circumstances
which
are
either
notorious
,
or
otherwise
confirmed
.
No
instead
of
recounting
such
Wickednesses
and
Immoralities
,
I
have
rather
chosen
to
make
him
appear
an
infamous
Rascal
,
and
one
to
whose
Affidavit
concerning
a
Protestant
Plot
no
credit
is
to
be
given
,
by
declaring
his
own
acknowledgments
of
the
whole
Forgery
,
and
upon
what
Motives
and
through
whose
Instigation
he
listed
himself
for
a
Witness
,
and
what
was
the
end
which
the
Managers
of
this
Design
proposed
ultimately
unto
themselves
,
&
with
respect
to
which
they
reckon'd
the
murdering
of
innocent
men
would
be
esteem'd
a
holy
and
meritorious
service
.
And
I
shall
only
add
to
what
hath
been
said
,
That
the
wretch
plainly
contradicted
himself
in
the
face
of
the
Court.
For
being
asked
by
the
Jury
,
Whether
he
had
not
given
an
Information
to
a
Justice
of
Peace
,
concerning
some
design
against
the
Earl
of
Shaftsbury
,
he
twice
denied
his
having
given
such
an
Information
to
any
,
save
Secretary
Jenkins
;
yet
upon
my
Lord
Chief
Justice's
telling
him
,
that
he
did
not
observe
the
question
,
and
proposing
it
again
to
him
,
he
Old
Baily
,
p.
44
,
45.
at
last
accknowledged
,
that
he
had
given
an
Information
to
Sir
George
Treby
,
how
Mr.
Fitz-Gerald
had
both
told
the
King
,
and
given
it
under
his
hand
,
That
the
Earl
of
Shaftsbury
was
resolved
to
set
the
Crown
upon
his
own
head
,
or
otherwise
,
to
turn
the
Kingdom
into
a
Common
wealth
.
I
wonder
how
their
Lordships
,
and
more
especially
,
how
the
Kings
Council
,
who
seemed
to
lay
great
weight
upon
his
Testimony
,
could
forbear
blushing
,
to
hear
a
fellow
say
,
not
only
once
,
That
he
had
given
such
an
Information
to
none
,
save
to
Secretary
Jenkins
,
but
to
add
a
second
time
,
No
,
no
;
to
none
except
Secretary
Jenkins
,
and
yet
upon
the
hint
which
my
Lord
That
he
had
given
such
an
Information
to
Sir
George
Treby
.
And
tho'
the
Court
might
take
no
notice
of
this
shameful
contradiction
,
yet
we
may
be
sure
,
that
the
Jury
,
as
well
as
a
great
many
Gentlemen
besides
,
did
.
The
next
person
whom
His
Majesties
Learned
Council
at
Law
produced
as
a
Witness
of
my
Lord
Shaftsbury's
being
guilty
of
Treason
against
the
King
and
his
Government
,
and
upon
whose
Testimony
they
not
only
stak'd
the
belief
of
a
Protestant
Plot
,
but
ventur'd
both
the
Honour
of
the
Government
,
and
their
own
Wisdom
and
Discretion
,
was
John
Macknamarra
,
a
fellow
of
the
same
stamp
with
the
rest
and
fashioned
in
the
same
mould
for
the
present
Design
.
His
early
immoralities
,
as
well
as
the
straitness
and
penury
of
his
condition
,
gave
not
only
the
managers
of
this
Sham
against
English
Protestants
,
encouragement
to
assault
him
,
but
rendred
him
disposed
for
,
and
capable
of
their
impressions
.
For
both
John
Row
and
Francis
Foulk
,
Gentlemen
of
good
Quality
,
and
Justices
of
the
Peace
in
the
Kingdom
of
Ireland
,
do
testifie
,
That
he
was
not
only
an
idle
,
lying
and
pilfering
boy
,
but
that
being
put
upon
his
Oath
,
concerning
some
goods
which
he
was
suspected
to
have
stollen
from
one
of
his
Masters
Daughters
,
he
denied
to
have
taken
them
,
when
nevertheless
,
upon
search
they
were
taken
about
him
.
And
his
progress
in
Roguery
,
encreased
answerably
to
his
growth
in
years
.
For
the
same
Gentlemen
do
not
only
declare
,
That
he
and
his
brother
Dennis
,
used
frequently
to
bring
Horses
to
graze
on
Camphaire
Bogg
,
which
afterwards
,
upon
enquiry
,
were
found
to
be
stollen
from
some
remote
places
,
but
that
his
bouse
was
known
to
be
the
greatest
receptacle
in
the
County
of
Clare
for
Rogues
and
Thieves
.
And
now
finding
himself
in
a
Kingdom
where
he
could
not
subsist
by
Horse-stealing
,
nor
take
sanctuary
in
Boggs
when
pursued
,
as
he
did
in
Ireland
,
he
was
glad
to
find
such
a
Trade
set
up
,
as
a
man
might
get
both
Money
and
Countenance
,
meerly
for
forswearing
himself
,
to
relieve
and
advance
the
Catholick
Cause
.
For
that
his
condition
was
become
extreamly
necessitous
,
appears
not
only
from
the
Petition
which
he
and
others
presented
to
the
City
for
a
maintenance
,
but
is
attested
by
divers
,
to
whom
in
converse
,
he
every
day
complained
of
it
.
And
whereas
he
(
as
well
as
the
rest
)
doth
pretend
,
That
that
Petition
spake
neither
his
Language
nor
Case
,
but
was
framed
for
them
by
others
;
particularly
,
That
Colledg
was
concerned
in
promoting
that
Petition
,
by
my
Lord
Shaftsbury'
s
advice
;
and
that
he
neither
read
it
,
nor
knew
what
was
in
it
.
Mr.
Samson
not
only
swears
,
That
he
saw
them
dictate
Old
Baily
,
p.
45.
it
to
the
Scrivener
who
drew
it
,
but
that
John
Macknamarra
told
him
,
how
they
intended
to
evade
the
stress
laid
upon
it
,
for
weakening
the
credit
of
their
Testimony
,
by
affirming
,
that
it
was
made
for
them
by
the
City
.
And
forasmuch
as
this
fellow
being
questioned
by
the
Grand
Jury
at
Rous's
Tryal
,
how
he
was
maintained
,
had
the
impudence
to
answer
,
That
he
did
then
rent
a
hundred
pound
per
annum
in
Ireland
.
That
thing
is
altogether
false
,
as
is
both
attested
by
Mr.
Samson
upon
Oath
,
and
confirmed
by
Letters
and
Informations
from
persons
in
that
Kingdom
,
who
very
well
knew
the
Rascal
,
and
are
themselves
of
unquestionable
Honour
and
Reputation
.
Such
a
stranger
was
John
Macknamarra
to
the
reality
of
a
Protestant
Plot
,
or
the
time
when
he
pretends
the
Treasonable
words
were
spoken
by
that
Noble
Peer
,
that
there
are
several
persons
,
whom
all
sober
men
will
give
entire
belief
unto
,
who
not
only
depose
,
That
he
used
about
that
time
to
aver
there
was
no
such
thing
,
but
that
he
also
used
to
fasten
very
severe
Characters
upon
such
as
took
upon
them
to
say
there
was
.
For
whereas
he
swears
,
That
he
heard
the
Earl
of
Shaftsbury
speak
such
and
such
Traiterous
words
in
March
and
April
last
,
Mr.
That
being
in
discourse
with
Macknamarra
,
about
the
time
that
the
Indictment
was
exhibited
against
my
Lord
Howard
,
the
said
Macknamarra
did
affirm
,
that
he
knew
nothing
against
any
Protestant
in
England
,
and
that
none
would
swear
any
Treasonable
Design
against
them
but
David
Fitzgerald
and
his
crew
of
damn'd
shamming
Rascals
,
who
would
swear
any
thing
.
And
Sampson
informs
upon
Oath
,
That
about
two
days
before
Macnamarra
went
to
Oxford
to
Colledge
'
s
Trial
,
the
said
Macnamarra
told
him
,
that
he
knew
the
Design
against
Protestants
;
but
swore
God
damn
him
,
if
he
knew
of
any
Treason
by
any
Protestants
,
or
knew
of
any
Plot
but
the
Popish
Plot
,
or
if
he
would
swear
to
any
such
thing
.
And
as
we
have
all
that
is
needful
to
convince
every
man
,
who
is
not
either
a
Fool
,
and
not
capable
of
being
instructed
and
undeceived
;
or
else
a
Knave
,
who
from
corrupt
Princiciples
and
Motives
,
and
in
order
to
Villanous
ends
,
is
willing
to
be
imposed
upon
;
that
as
Macknamarra
,
by
his
own
manifold
Confessions
sealed
with
Execrations
and
Oaths
,
knew
of
no
Traiterous
Design
wherein
either
the
Earl
of
Shaftsbury
or
any
other
Protestant
was
engaged
or
concerned
;
so
we
are
fully
acquainted
with
the
methods
and
ways
,
and
by
what
means
he
came
to
be
seduced
to
appear
as
an
Evidence
against
that
Noble
Peer
,
or
to
charge
a
Plot
upon
His
Majesty's
Protestant
Subjects
.
For
he
not
only
acknowledged
to
Mr.
Samuel
Harris
,
shortly
after
the
said
Macnamarra
was
bail'd
out
of
Newgate
,
and
also
at
divers
times
afterwards
to
Mr.
John
Wilmer
,
That
Coll.
Warcup
had
been
with
him
,
and
earnestly
solicited
him
to
come
to
Whitehal
,
telling
him
that
he
might
have
great
advantages
by
so
doing
;
and
that
the
Justice
spake
this
in
such
a
manner
and
way
,
as
gave
him
reason
to
suspect
a
Design
of
frustrating
his
Evidence
against
the
Papists
,
and
employing
him
in
some
very
ill
Design
:
But
he
likewise
confessed
to
Dr.
Oates
,
Mr.
Thomas
Pain
,
Mr.
Samuel
Bull
,
and
several
others
,
That
Warcup
had
offered
him
several
hundred
pounds
,
if
he
would
recant
his
Evidence
against
the
Papists
,
fall
in
with
Fitzgerald
,
and
swear
Treason
against
the
Earl
of
Shaftsbury
,
and
other
Protestant
Lords
and
Gentlemen
.
And
so
gainful
did
the
Justice
and
these
Gentlemen
whose
Purses
,
and
Treasure
,
this
grand
Broker
for
,
and
principal
director
of
the
Witnesses
,
hath
the
use
and
disposal
of
for
the
service
of
so
good
and
necessary
a
service
,
make
the
Trade
of
Perjury
to
this
mercinary
and
suborn'd
Rascal
,
that
he
hath
since
not
only
lived
at
a
high
and
extravagant
rate
,
spending
commonly
as
Mr.
Shewen
Deposeth
,
Eighteen
shillings
for
his
own
share
at
an
Ordinary
,
but
he
hath
laugh'd
and
derided
Mr.
Bourk
,
calling
him
in
the
hearing
of
Mr.
Samuel
Chaffin
,
a
Fool
,
that
he
did
not
put
himself
into
a
condition
of
having
Money
enough
,
by
closing
with
him
and
doing
as
others
did
.
And
besides
that
,
Mr.
Brownrigg
Deposeth
,
How
he
saw
two
of
the
Witnesses
receive
Money
from
Christopher
Williams
,
servant
to
Mr.
Marriot
,
both
for
themselves
and
other
two
of
the
Evidence
▪
Tribe
that
were
not
there
;
Mr.
Shewen
informeth
upon
Oath
,
that
having
met
John
Macknamarra
at
the
Golden
Posts
by
Charing
Cross
on
the
Tenth
of
August
last
,
and
having
asked
him
why
he
went
so
often
to
Sir
L.
J.
house
,
the
said
Macknamarra
to
intimate
his
business
with
that
Gentleman
,
put
his
hand
in
his
pocket
and
shook
his
money
.
And
as
we
have
all
the
assurance
imaginable
,
that
this
Rascal
Macknamarra
and
the
rest
of
the
Witnesses
against
Protestants
were
suborned
by
Warcup
,
so
we
have
great
reason
to
believe
that
they
were
not
only
countenanced
,
but
from
time
to
time
taught
and
instructed
by
persons
of
higher
Quality
than
the
Justice
is
.
For
Mr.
Shewen
swears
,
That
being
on
the
11th
of
August
in
company
with
Smith
and
Macknamarra
,
the
said
Macknamarra
told
Smith
,
That
the
reason
why
he
could
not
sooner
wait
upon
him
that
Morning
,
was
because
he
had
been
with
Sir
L.
J.
who
had
given
him
a
long
Lesson
,
which
nevertheless
he
had
learned
,
tho'
it
was
very
long
.
To
that
height
of
Impudence
and
Villany
was
this
Varlet
arrived
,
through
the
encouragement
and
protection
which
he
received
from
some
great
persons
,
whom
it
would
have
better
become
to
have
employed
their
Authority
and
Power
according
to
the
Rules
of
Justice
and
Honour
,
that
as
if
it
had
not
been
wicked
and
immodest
enough
to
owne
his
being
suborned
himself
,
he
made
it
his
business
to
suborn
others
.
For
so
much
doth
Mowbray
Depose
against
him
,
who
tho'
he
is
become
himself
one
of
the
Swearing
Gang
,
yet
his
Testimony
is
not
thereby
weakned
,
but
is
rather
the
stronger
,
being
against
one
of
his
Complices
.
To
that
Immodesty
and
Insolence
was
this
mercinary
audacious
Wretch
grown
,
that
if
a
person
did
but
decline
the
gratifying
his
covetous
and
insatiable
desires
,
he
was
prepared
immediately
to
Swear
Treason
against
him
.
For
Mr.
Chaffin
Deposeth
,
That
he
heard
John
Macnamarra
say
,
He
would
Swear
Treason
against
a
Merchant
in
the
City
,
if
he
would
not
give
him
such
a
Sum
of
Money
as
he
demanded
of
him
.
Whether
upon
the
whole
,
the
original
Authors
and
supreme
Managers
of
this
Sham
expected
to
reap
any
honour
to
themselves
,
or
credit
to
the
Conspiracy
which
they
would
have
father'd
upon
Protestants
,
from
the
reputation
of
this
Witness
,
I
cannot
tell
;
but
I
think
it
is
evident
,
from
what
hath
been
said
in
relation
to
him
,
that
no
unbiassed
persons
,
nor
wise
and
honest
Juries
,
could
have
peace
in
themselves
,
nor
approve
their
actings
to
God
and
the
world
,
should
they
in
the
case
before
us
give
faith
to
this
Fellow's
Testimony
.
Nor
would
I
have
the
Conductors
of
this
malicious
and
forged
Design
against
the
Lives
of
innocent
persons
think
,
but
that
as
we
Protestants
are
very
sensible
,
how
unjustly
and
industriously
they
have
been
pursuing
our
ruin
,
so
we
are
not
ignorant
of
their
treacherous
and
wicked
carriage
,
from
first
to
last
,
in
this
Affair
.
For
let
me
tell
them
,
That
while
they
conceive
they
act
behind
a
Curtain
,
they
do
but
dance
in
a
net
.
And
while
they
imagine
,
that
they
remain
safe
through
their
standing
in
the
dark
,
they
are
both
as
well
known
,
and
their
methods
as
fully
understood
,
as
if
they
had
appeared
and
acted
in
a
meridian
light
.
And
whensoever
it
is
a
convenient
time
,
there
are
those
in
the
world
,
that
know
how
to
represent
them
stript
of
the
mask
and
disguise
under
which
they
have
gone
.
The
next
Witness
that
stept
up
to
give
Evidence
against
the
Earl
of
Shaftsbury
,
was
Dennis
Macknamarra
,
John's
true
Brother
in
all
Wickedness
and
Perjuries
,
as
well
as
in
Blood
.
For
having
acted
in
co-partnership
so
long
in
the
Horse-stealing
▪
Trade
,
they
were
not
to
be
separated
in
this
new
course
of
Livelihood
which
was
proposed
unto
them
,
provided
they
would
perjure
themselves
,
and
swear
Protestants
guilty
of
a
Plot.
Nor
is
this
a
groundless
surmise
of
mine
;
but
Mr.
Samson
hath
deposed
upon
Oath
,
That
both
he
and
others
heard
Dennis
Macknamarra
say
,
That
he
would
swear
any
thing
that
his
Brother
John
would
have
him
to
swear
.
And
whosoever
acts
implicitely
upon
the
advice
and
command
of
such
a
guide
,
ought
to
be
esteemed
and
judged
of
,
according
to
the
Principles
and
Practices
of
his
Conducter
.
But
besides
,
the
fellow
was
himself
immediately
tempted
with
promises
both
of
a
present
Reward
and
a
standing
Salary
,
if
he
would
swear
Treason
against
the
Earl
of
Shaftsbury
,
and
such
others
as
should
be
named
unto
him
;
and
the
silly
Rascal
wanting
Wit
,
as
well
as
Honesty
and
Conscience
,
became
easily
conquered
by
so
suitable
as
well
as
great
temptations
.
For
the
wretch
knows
no
Law
but
that
of
his
belly
,
nor
understands
any
more
Sense
or
Reason
,
that
what
is
declared
in
the
offers
of
food
and
money
.
And
we
are
assured
by
persons
,
whose
integrity
was
never
suspected
,
That
Dennis
Macknamarra
told
them
,
he
was
profer'd
great
sums
of
money
,
to
go
off
from
his
Evidence
against
the
Papists
,
and
to
swear
against
Protestants
.
This
is
directly
and
positively
deposed
against
him
by
Dr.
Oats
and
Mr.
Thomas
Payne
,
with
this
addition
,
That
Justice
Warcup
was
the
man
who
endeavoured
to
corrupt
and
suborn
him
.
And
withal
,
he
laid
open
to
the
Dr.
the
methods
and
steps
in
which
the
Justice
did
this
base
and
villanous
thing
.
And
tho'
the
success
of
Warcup's
application
to
suborn
him
,
be
now
evident
in
the
effects
of
it
,
yet
I
shall
give
an
account
of
it
from
Dennis
Macknamarra's
own
acknowledgment
to
Mr.
Peter
Norris
.
For
Mr.
Norris
being
in
company
with
him
,
and
representing
that
he
wanted
money
,
Dennis
Macknamarra
thereupon
replied
,
We
are
all
Fools
,
for
David
Fitz
Gerald
lives
like
a
Prince
,
wanting
neither
Money
nor
Gold
,
while
in
the
mean
time
,
said
he
,
we
can
hardly
have
bread
;
and
damn
me
,
said
he
,
if
we
had
done
as
he
did
at
first
,
we
had
been
better
than
we
are
;
but
damn
me
,
we
will
do
it
yet
;
and
with
that
,
the
said
Dennis
Macknamarra
pulled
a
paper
out
of
his
pocket
,
and
said
,
If
Mr.
Norris
would
set
his
Hand
to
that
paper
,
he
the
said
Macknamarra
would
warrant
him
they
should
do
better
.
But
I
shall
not
deduce
,
nor
pursue
what
we
have
against
him
to
any
further
length
;
for
seeing
this
little
fellow
is
no
otherwise
to
be
considered
,
than
as
an
Appendix
of
his
Brother
,
we
may
reasonably
therefore
hope
,
that
the
Credit
of
the
one
,
as
to
the
supporting
the
belief
of
a
Protestant
Plot
,
being
blasted
and
overthrown
,
the
Credit
of
the
other
runs
the
same
destiny
.
The
Reputation
of
the
Accessary
falls
with
that
of
the
Principal
.
Yet
what
we
have
here
offered
from
his
own
acknowledgments
,
concerning
his
being
suborned
,
is
enough
,
should
he
be
weighed
,
as
abstracted
from
any
dependance
upon
his
Brother
John
,
to
render
him
,
and
make
him
appear
to
be
no
less
in
this
whole
matter
,
than
a
perjured
and
infamous
Rascal
.
And
we
pity
our
Adversaries
,
as
driven
to
very
low
shifts
,
in
that
they
had
no
other
to
produce
,
to
prove
the
chiefest
men
of
England
guilty
of
Treason
,
but
such
foolish
wretches
as
could
neither
conceal
their
own
Mercinariness
and
Perjuries
,
nor
the
Villanies
of
those
who
had
suborn'd
and
corrupted
them
.
The
next
person
whom
the
Managers
of
the
Bill
against
the
Earl
of
Shaftsbury
thought
fit
to
venture
the
Truth
and
Proof
of
the
Charge
against
him
upon
,
is
Edward
Ivey
,
one
that
is
infamous
to
a
very
Proverb
,
and
who
disgraceth
the
Name
of
a
Gentleman
,
by
pretending
to
the
Title
and
Appellation
.
That
he
hath
been
Convicted
and
Condemned
for
Robbery
,
appears
from
the
Certificate
which
I
shall
here
subjoin
.
Somerset
ss
.
Ad
Assisas
&
General
.
Goal
.
Delibar
.
Dom.
Regis
de
prisonet
.
in
ea
existent
.
tent
.
apud
Civit
.
Wellen.
in
&
pro
eadem
Com.
Die
Sabbat.
scil.
Nono
die
Augusti
.
Anno
Regni
Dom.
nost.
Caroli
Secund.
Dei
Grat.
Angl.
Scot.
Franc.
Hibern
.
Regis
,
Fidei
Defensor
.
Decimo
quarto
,
coram
Roberto
Foster
,
Mil.
Capital
.
Justic
.
Dict.
Dom.
Regis
ad
placita
,
coram
ipso
Regetenend
.
assign
.
&
Johan
.
Archer
Servie
.
ad
Legem
Justic
.
&c.
Whereas
at
this
present
Assizes
,
one
Edward
Ivey
was
Indicted
for
robbing
himself
and
his
Sister
Joan
Plympton
;
This
is
therefore
to
certifie
,
that
the
said
Edward
Ivey
was
Convicted
for
the
same
Fact
,
and
had
Sentence
of
Death
passed
upon
him
;
but
afterwards
had
His
Majesties
Pardon
.
Vera
Copia
,
ex
.
per
Fra.
Stevens
.
He
that
could
be
guilty
in
Robbing
his
own
Sister
,
will
decline
nothing
that
is
Criminal
,
if
the
committing
it
be
but
subservient
to
his
Ambition
or
Covetousness
.
For
having
violated
the
Obligations
of
Nature
,
he
can
be
under
no
confinement
from
subordinate
Laws
.
It
were
endless
to
recount
the
Enormities
of
his
Life
,
whereof
almost
every
Action
hath
been
a
Scandal
:
I
shall
therefore
only
detect
those
Villanies
which
he
hath
perpetrated
,
to
the
rendring
him
infamous
,
as
well
as
the
proclaiming
him
prodigiously
wicked
.
He
was
no
sooner
pardoned
for
one
Felony
,
but
he
committed
another
.
For
having
listed
himself
for
a
Trooper
and
gone
to
Portsmouth
,
he
there
married
a
second
Wife
,
tho'
his
first
was
still
living
.
And
finding
it
was
discovered
,
and
that
there
was
a
Prosecution
commencing
against
him
,
he
thereupon
fled
to
Ireland
,
being
never
heard
of
again
in
his
own
Country
,
till
he
appeared
as
one
of
the
King's
Evidence
concerning
a
Popish
Plot.
For
His
Majesty
having
promised
in
his
Royal
Proclamations
,
that
whosoever
came
in
by
such
a
time
to
detect
the
Conspiracy
of
the
Papists
against
His
Person
and
the
Government
,
should
thereupon
be
pardoned
;
this
cunning
Rascal
thought
with
himself
he
might
safely
venture
hither
,
as
reckoning
that
his
Felonies
would
be
included
in
his
Pardon
as
well
as
his
Treasons
.
To
this
I
might
add
his
having
lived
some
time
this
last
Summer
with
a
Woman
,
whom
he
swore
God
damn
him
he
was
Married
unto
,
which
Woman
proved
in
the
end
to
be
another
mans
Wife
,
and
was
accordingly
taken
out
of
Bed
from
him
by
her
Husband
on
the
second
of
October
at
Night
.
But
whereas
He
said
upon
Oath
at
Mr.
Rouse's
Trial
,
that
he
came
not
over
to
England
to
discover
the
Popish
Plot
;
it
is
not
only
known
to
all
who
understand
any
thing
of
the
late
Transactions
,
that
this
was
his
pretence
,
and
that
accordingly
he
made
a
large
Discovery
;
but
withal
Mr.
Samson
also
swears
,
There
was
twenty
Pound
allowed
the
said
Ivey
by
my
Lord
Lieutenant
of
Ireland
,
to
defray
his
passage
hither
,
in
order
to
his
revealing
the
Popish
Plot.
Who
can
blame
a
fellow
of
his
Principles
,
that
hath
a
latitude
to
swear
and
forswear
as
he
finds
it
for
his
interest
,
if
he
disclaim
the
having
come
hither
upon
an
errand
which
he
is
so
little
thank'd
for
,
and
which
is
not
likely
to
conduce
so
much
to
his
profit
as
he
imagined
it
would
.
The
forming
a
Protestant
Plot
,
and
suborning
others
as
well
as
coming
in
himself
to
swear
Treason
against
the
Earl
of
Shaftsbury
and
other
Patriots
of
our
Religion
and
Civil
Liberties
,
is
a
design
that
will
turn
to
better
account
and
give
him
an
esteem
with
some
men
,
beyond
what
ever
the
former
dull
Trade
would
have
done
.
And
therefore
it
is
a
fi●ter
end
,
for
one
of
his
genius
and
stamp
to
bear
himself
upon
as
the
grand
motive
of
his
Journey
hither
.
But
whereas
he
Swore
likewise
the
time
when
the
Bill
was
preferred
against
Rous
,
that
the
Earl
of
Shaftsbury
did
usually
dictate
to
him
the
Information
he
drew
up
and
Deposed
concerning
the
Popish
Plot
;
There
are
divers
persons
,
and
amongst
others
Mr.
Sampson
,
who
do
testifie
they
saw
those
Informations
in
his
hand
,
before
ever
he
knew
the
Earl
of
Shaftsbury
.
And
seeing
he
further
declared
at
the
same
time
,
that
some
Informations
which
he
had
given
in
here
against
the
Papists
were
wholy
false
;
and
that
he
made
Oath
of
them
only
,
because
Mr.
Rouse
would
not
otherwise
give
any
Money
,
ought
not
all
Mankind
therefore
to
esteem
him
as
a
Villain
,
and
as
one
that
is
perjur'd
upon
Record
.
Nor
could
any
thing
more
amaze
the
thinking
part
of
Mankind
,
than
that
when
this
miscreant
had
declared
himself
perjured
in
open
Court
,
he
should
yet
be
produced
again
the
next
Sessions
;
and
that
against
no
less
considerable
person
,
than
the
right
Honourable
the
Earl
of
Shaftsbury
is
.
But
whether
we
are
to
ascribe
it
to
excess
of
rage
in
some
men
against
that
Noble
Peer
,
or
whether
we
are
to
attribute
it
to
a
Divine
infatuation
,
upon
the
Managers
of
the
Bill
of
Indictment
,
I
cannot
tell
;
but
I
dare
boldly
say
,
That
both
the
Jury
,
and
hundreds
in
the
Court
besides
,
were
able
to
guess
at
the
maliciousness
of
that
Prosecution
,
and
to
conclude
within
themselves
,
That
whatsoever
was
alleadged
to
render
that
excellent
Patriot
guilty
of
Treason
,
was
all
forgery
and
groundless
invention
.
But
that
we
may
yet
further
expose
this
fellow
Ivey
,
and
that
at
the
same
time
unveil
this
whole
Combination
,
wherein
some
ill
men
have
been
engaged
,
in
order
to
the
Subversion
of
our
Liberties
and
Religion
,
or
against
the
lives
of
the
greatest
,
and
most
innocent
protestants
;
I
shall
in
the
next
place
observe
,
that
he
both
spake
of
such
a
Design
while
it
was
in
agitation
and
forming
,
and
embark'd
in
it
upon
promises
of
Reward
himself
,
but
endeavoured
to
corrupt
and
suborn
others
to
joyn
in
the
same
Villany
.
Accordingly
Captain
Yarrington
informs
,
That
being
one
morning
in
bed
at
Mr.
Stephen
Colledges
,
he
there
heard
Mr.
Ivey
acquaint
Mr.
Colledg
with
a
Desing
that
was
then
on
foot
,
for
framing
of
a
Plot
against
Protestants
;
and
that
they
were
to
be
accused
of
a
Conspiracy
against
the
Monarchy
,
and
for
deposing
the
King
.
And
Mr.
John
Jenks
deposeth
,
That
Mr.
Ivey
confessed
to
him
,
how
he
had
great
offers
made
him
,
provided
he
would
swear
against
Protestants
.
And
Mr.
Ashlock
says
,
that
Ivy
one
day
told
him
,
He
had
been
with
the
said
Lord
,
and
that
my
Lord
Hyde
had
order'd
him
to
send
at
any
time
to
him
,
and
he
should
have
money
.
And
the
said
Ashlock
further
adds
,
That
he
saw
a
Letter
directed
to
my
Lord
Hyde
from
Ivey
,
which
Ivey
said
was
for
money
.
Now
that
Ivey
was
necessitous
,
and
the
more
likely
to
be
suborned
for
money
,
to
swear
any
thing
that
was
false
,
appears
not
only
by
the
Petition
presented
to
my
Lord
Major
,
the
Court
of
Aldermen
,
and
the
Common
Council
,
which
he
among
others
subscribed
;
but
more
especially
from
his
own
Testimony
in
Court
,
at
the
time
when
Mr.
Rowse
was
indicted
;
seeing
he
then
owned
,
That
he
had
falsly
sworn
such
things
meerly
,
because
he
could
not
otherwise
get
mony
.
And
that
this
Protestant
Plot
was
hatched
by
this
hired
suborned
Rascal
and
others
,
who
in
order
to
promote
the
Interest
and
designs
of
the
Papists
,
had
combined
to
asperse
Loyal
Persons
with
the
imputation
of
Treason
,
and
to
make
the
chief
Protectors
under
his
Majesty
of
our
Religion
and
Liberties
,
perish
in
the
form
and
course
of
Justice
,
does
appears
by
what
Mr.
Sampson
hath
deposed
upon
Oath
,
namely
,
That
John
Macknamarra
told
him
how
he
and
Ivey
,
having
been
with
the
Earl
of
Shaftsbury
,
his
Lordship
had
refused
to
discourse
with
them
alone
,
saying
,
He
never
discoursed
with
any
but
in
the
presence
of
his
Servants
;
and
that
I
being
thereupon
very
greatly
disgusted
,
contrived
by
way
of
Revenge
,
to
swear
High
Treason
against
him
.
Not
but
that
the
Design
of
accusing
my
Lord
Shaftsbury
of
Treason
,
was
laid
by
others
,
but
Ivey
being
suborned
to
be
a
Witness
against
him
,
he
therefore
sought
an
opportunity
of
speaking
with
his
Lordship
alone
,
the
better
to
obtain
what
he
should
afterwards
say
against
him
,
to
be
believed
.
However
having
upon
some
instigation
or
other
entertain'd
a
Resolution
of
swearing
Treason
against
this
Loyal
and
Noble
Lord
;
his
next
business
was
to
procure
others
to
fortifie
his
Testimony
,
and
second
him
in
whatsoever
he
should
say
.
Accordingly
he
applies
to
Haynes
;
assuring
him
in
the
names
of
several
Lords
,
That
he
should
not
only
have
his
pardon
,
but
five
hundred
pounds
,
provided
(
as
Mrs.
Wingfield
Haynes's
Mother-in-Law
,
told
Mrs.
Hall
,
and
Mary
Richards
)
he
would
fasten
a
Plot
upon
Protestants
,
and
swear
against
several
Lords
.
Nay
,
Mr.
Zell
one
of
Justice
Warcups
present
Darlings
,
and
whose
Testimony
he
ought
not
to
decline
against
Ivey
,
having
so
lately
made
use
of
it
in
the
Court
of
Verge
,
to
vindicate
himself
;
I
say
,
this
Zell
hath
deposed
upon
Oath
,
That
Ivey
would
have
perswaded
him
to
swear
High
Treason
against
the
Earl
of
Shaftsbury
,
and
by
way
of
Argument
to
influence
him
to
a
compliance
,
told
him
,
That
the
E.
of
H.
my
L.
H.
my
L.
C.
and
Mr.
S.
were
a
Commitee
to
give
assurances
of
Pardons
,
and
to
allow
Gratuites
to
all
that
would
swear
against
that
Lord
,
and
that
there
is
a
Presbyterian
Plot.
And
tho'
I
am
not
willing
to
believe
those
great
Ministers
guilty
of
this
which
Zell
says
Ivey
reported
of
them
,
yet
it
is
something
strange
,
that
knowing
it
from
Prints
as
well
as
otherwise
,
they
have
not
endeavoured
to
get
that
Rogue
punished
for
defaming
of
them
.
And
I
do
verily
think
it
would
be
as
much
for
the
Honour
of
the
Government
,
and
for
the
Reputation
of
these
States-men
,
to
have
this
fellow
,
and
the
rest
,
who
have
used
the
like
Language
concerning
them
,
either
prosecuted
by
way
of
Action
or
Information
;
as
it
will
prove
in
the
issue
that
the
Attorney
General
is
prosecuting
one
Baldwin
for
having
published
a
Book
called
No
Protestant
Plot
;
wherein
so
far
as
very
good
and
wise
men
can
see
,
there
is
not
any
thing
criminal
,
unless
it
be
a
Crime
to
detect
the
Designs
of
the
Papists
against
Protestants
,
and
to
vindicate
the
innocency
of
those
,
who
(
as
it
hath
appeared
by
the
verdicts
of
Juries
)
were
falsly
and
unrighteously
accused
.
But
to
return
,
I
suppose
from
what
hath
been
here
declared
,
and
laid
open
concerning
Ivey
,
there
will
not
many
be
found
who
are
credible
persons
themselves
,
that
will
look
upon
him
hereafter
,
as
a
credible
Witness
in
reference
to
a
Protestant
Plot.
Nor
is
the
bringing
the
Lives
of
Innocents
into
hazard
,
upon
the
Testimony
of
a
wretch
branded
with
so
many
capital
Offences
,
and
who
besides
hath
been
so
evidently
tamper'd
with
,
to
be
any
other
way
expiated
or
attoned
for
,
but
by
bringing
both
him
and
his
Abettors
to
condign
punishment
.
The
last
Witness
made
use
towards
the
proving
the
Bill
against
the
Earl
of
Shaftsbury
,
was
Bernard
Dennis
,
a
fellow
as
lewd
in
his
Morals
as
any
of
the
rest
,
and
drawn
and
procured
to
be
an
Evidence
against
Protestants
,
by
the
same
means
and
arts
that
they
were
.
Nor
is
he
only
an
Irish
man
,
but
of
one
of
the
most
sottish
bigotted
bloody
Clans's
of
all
that
Kingdom
.
See
proceedings
upon
the
Bill
against
the
Earl
of
Shaft
.
p.
48.
And
upon
the
best
enquiry
I
can
make
,
there
is
not
one
Irish
man
of
his
Name
in
that
whole
Nation
,
who
is
known
to
be
a
Protestant
.
I
should
not
have
mentioned
this
,
if
the
fellow
upon
being
ask'd
whether
all
his
Kindred
were
not
Papists
,
had
not
answered
,
he
could
not
say
so
.
And
yet
were
he
put
to
it
,
he
will
not
be
able
to
name
one
Person
neither
in
the
County
where
he
was
born
,
where
there
are
so
many
of
them
,
nor
in
the
whole
Country
besides
,
that
is
not
a
Papist
,
if
withal
they
be
not
of
the
most
violent
and
bloodily
disposed
sort
.
And
whereas
he
once
told
Mr.
Wilmore
(
they
two
being
discoursing
together
about
the
principles
of
the
Papists
)
,
that
the
Papists
valued
no
more
the
life
of
a
Heretick
,
than
they
did
that
of
a
Dog
,
it
is
most
probable
,
that
he
therein
spake
the
Sense
of
his
Kindred
,
and
published
what
they
had
of
old
infused
into
him
.
I
will
not
enquire
what
Religion
he
is
of
at
present
,
seeing
no
form
nor
kind
of
Religion
can
give
him
a
Reputation
,
but
he
reflects
dishonour
upon
whatsoever
Religion
he
doth
profess
.
Only
I
wish
,
that
the
Papists
have
not
Sham'd
him
upon
the
Church
of
England
,
that
he
may
the
better
,
and
under
the
fairer
name
,
Sham
a
Plot
upon
Protestants
.
And
who
knows
,
but
finding
a
respect
paid
to
his
Testimony
at
the
Tryal
of
my
Lord
Stafford
,
because
he
there
professed
himself
a
Papist
,
he
might
thereupon
hope
it
would
advantage
him
in
being
believed
against
a
Protestant
,
by
listing
himself
in
the
Communion
of
the
Protestant
Church
.
The
forgery
of
this
Plot
would
have
been
too
obvious
,
should
Romish
Priests
have
come
forth
,
as
the
principal
Witnesses
,
to
prove
the
best
Protestants
in
England
,
concerned
in
a
Conspiracy
against
His
Majesty
and
the
Government
;
but
the
producing
none
for
Evidence
,
but
Members
of
our
own
Church
,
does
help
to
hide
and
conceal
the
Villany
.
And
I
beg
the
rather
pardon
for
my
jealousie
in
this
matter
,
because
tho'
he
told
the
Jury
,
that
he
had
been
a
Protestant
since
February
last
,
yet
he
never
sought
to
be
received
into
the
bosom
of
the
English
Church
,
till
about
the
month
of
June
,
which
was
near
the
time
that
the
Mine
which
had
been
long
before
laid
against
Protestants
,
was
just
ready
to
spring
.
Nor
were
things
so
much
better
for
the
Protestant
Interest
,
and
worse
for
the
Popish
for
felony
,
in
stealing
a
Watch
,
but
for
Sacriledg
,
in
breaking
into
a
Church
and
carrying
away
the
Communion
Plate
.
But
being
I
grow
weary
in
raking
so
long
in
Sinks
and
Kennels
,
I
shall
therefore
wave
the
insisting
upon
these
things
,
or
the
deducing
them
to
any
further
length
.
Since
he
came
hither
,
he
hath
been
always
extreamly
necessitous
,
but
never
in
greater
penury
,
than
immediately
before
he
started
up
a
Witness
in
this
new
Plot.
For
as
he
wanted
bread
,
otherwise
than
as
he
was
from
day
to
day
relieved
by
the
Charity
of
such
compassionate
persons
,
to
whom
he
bewailed
the
miserableness
of
his
condition
,
so
I
have
heard
from
a
good
hand
,
that
being
arrested
for
Fifteen
or
Seventeen
shillings
,
he
was
so
poor
,
that
he
must
have
gone
to
the
Counter
,
if
a
Gentleman
that
passed
by
had
not
out
of
meer
pity
sent
him
a
Guinee
to
discharge
the
Debt
and
the
Serjeants
Fees
.
And
how
easie
was
it
to
corrupt
and
suborn
such
a
fellow
,
who
as
he
had
no
Principles
of
Vertue
or
Honour
,
to
preserve
him
against
the
temptations
wherewith
he
was
assaulted
,
so
the
pinching
wants
,
under
which
he
laboured
,
rendred
him
a
prey
to
any
that
would
hire
him
with
ready
money
,
or
give
him
any
assurance
of
a
plentiful
subsistence
.
Now
it
not
only
appears
from
the
Testimony
of
Dr.
Oats
,
Mr.
Boulter
,
Mrs.
Mary
Cox
,
Mrs.
Norton
,
and
divers
others
,
that
by
his
own
acknowledgment
and
confession
to
them
,
both
Warcup
and
Fitz-Gerald
had
tempted
him
with
great
offers
of
Gold
and
Silver
,
if
he
would
depart
from
his
Evidence
against
the
Papists
,
and
swear
Treason
against
the
Earl
of
Shaftsbury
,
my
Lord
Howard
,
and
several
other
Protestants
,
but
it
is
likewise
deposed
by
Mr.
Samuel
Oats
,
that
Dennis
should
say
,
If
the
Protestants
did
not
help
him
to
money
,
it
would
cause
him
to
do
that
which
he
never
intended
.
But
what
need
I
insist
upon
the
Depositions
of
others
,
in
proof
,
that
he
had
frequently
confessed
his
being
tempted
with
tenders
of
great
matters
,
to
retract
what
he
had
sworn
against
the
Papists
,
and
swear
,
that
the
Protestants
were
embarkt
in
a
Conspiracy
against
the
King
,
seeing
he
himself
hath
deposed
all
this
upon
Oath
before
Sir
Patience
Ward
,
when
he
was
Lord
Mayor
.
And
as
this
may
fully
convince
all
that
are
not
in
the
Plot
themselves
,
for
the
destroying
such
as
are
the
chief
Bulwarks
,
under
His
Majesty
,
of
our
Religion
and
Liberties
,
that
whatsoever
this
fellow
hath
sworn
against
the
Earl
of
Shaftsbury
,
or
any
Protestant
else
,
is
all
meer
Fiction
,
Romance
,
and
abominable
Forgery
,
so
we
have
besides
all
this
,
the
Testimony
both
of
Dr.
Oats
and
Captain
Yarrington
,
That
this
wretch
did
protest
unto
them
,
at
the
very
time
when
he
told
them
of
his
being
tempted
,
that
before
God
,
he
knew
nothing
whereof
to
accuse
any
Protestant
in
the
world
;
and
that
if
he
should
do
any
such
thing
,
he
should
be
the
greatest
Rogue
under
Heaven
.
And
as
their
way
of
living
since
,
and
their
boasting
,
of
having
their
Pockets
full
of
money
,
does
plainly
proclaim
to
all
Mankind
,
upon
what
motives
they
have
perjured
themselves
,
and
how
well
they
have
been
rewarded
for
their
false
swearing
,
so
there
is
one
George
Dennis
,
a
Gardiner
,
who
deposeth
,
That
to
his
knowledg
,
the
Witnesses
who
swore
against
the
Earl
of
Shaftsbury
,
had
an
Hundred
,
or
an
Hundred
and
Fifty
Pound
a
man
for
so
doing
;
and
that
he
might
have
had
as
much
,
if
he
would
have
Sworn
against
the
said
Earl
.
Having
thus
truely
and
briefly
drawn
and
represented
the
Witnesses
according
to
their
just
and
true
Features
,
and
having
fully
discovered
the
Combination
which
they
and
others
are
engaged
in
against
our
Lives
and
Religion
,
and
having
particularly
detected
how
these
mercinary
Wretches
have
been
hired
and
suborned
to
swear
a
Plot
upon
Protestants
,
which
themselves
and
their
Abettors
have
out
of
hatred
to
the
Protestant
Religion
and
English
Liberties
invented
and
forged
against
innocent
persons
:
I
shall
now
leave
them
thus
shown
and
exposed
,
to
undergo
the
punishments
which
these
unparallel'd
Villainies
subject
them
unto
;
and
in
the
mean
time
till
the
Administrators
of
publick
Justice
shall
esteem
it
their
Duty
and
for
the
honour
of
the
Government
to
make
their
Punishment
as
exemplar
,
as
their
Crimes
have
been
;
I
do
here
set
them
up
as
proper
objects
of
the
abhorrency
and
detestation
of
mankind
,
and
persons
not
worthy
to
be
believed
by
any
honest
rational
Jury
or
Inquest
.
And
I
shall
only
add
,
that
the
late
Grand
Jury
,
instead
of
deserving
to
be
censured
for
returning
an
Ignoramus
upon
the
Bills
which
these
Miscreants
swore
unto
,
they
are
rather
to
be
blam'd
for
not
immediately
Indicting
them
of
a
Conspiracy
against
the
Lives
and
Honour
of
Noble
and
Guiltless
Persons
.
Nor
is
it
enough
for
a
Grand
Jury
merely
to
reject
a
Bill
,
which
they
find
promoted
from
Malice
,
and
upon
a
Combination
;
but
they
are
bound
,
both
by
the
Laws
of
God
and
the
Laws
of
the
Land
,
to
Indict
the
Conspirators
and
all
such
as
shall
appear
to
have
abetted
them
▪
And
whereas
we
have
not
only
heard
of
several
other
Witnesses
,
who
either
had
or
were
ready
to
Swear
Treason
against
the
Earl
of
Shaftsbury
,
but
have
been
told
,
that
several
of
their
Names
had
been
endorsed
on
the
back
of
the
Bill
which
was
preferred
against
his
Lordship
,
who
yet
upon
second
thoughts
were
blotted
out
and
expunged
.
We
shall
only
say
,
that
we
think
it
needless
to
attempt
the
exposing
of
those
,
whom
the
Managers
themselves
judged
so
infamous
,
that
they
were
ashamed
to
make
use
of
them
.
But
as
we
may
be
sure
that
they
produced
all
these
,
whose
Credit
they
could
in
any
degree
rely
upon
,
so
had
they
brought
an
hundred
more
,
whom
we
might
neither
have
known
,
nor
had
opportunity
to
enquire
after
,
yet
finding
them
in
conjunction
with
such
infamous
Villains
as
these
we
have
named
,
it
had
been
a
most
unreasonable
,
unjust
,
and
unwise
thing
to
believe
them
.
But
can
any
man
take
Mrs.
Teresia
Peacock
to
be
a
credible
Witness
,
who
besides
her
being
a
more
common
Prostitute
than
any
in
the
publick
Stews
,
was
found
to
be
a
false
and
perjured
hussey
in
the
Deposition
which
she
gave
against
My
Lord
Howard
,
before
the
Grand
Jury
at
Westminster
,
the
last
Midsummer
Term.
For
whereas
her
Mistress
and
she
had
Sworn
Treason
against
that
Noble
Lord
,
and
accorded
in
every
particular
whilst
they
were
together
;
they
plainly
contradicted
each
other
,
when
they
once
came
to
be
examined
apart
.
For
the
Mistriss
being
ask'd
how
her
Maid
came
to
hear
My
Lord
Howard
speak
the
Treasonable
words
which
were
Sworn
and
Deposed
,
replied
,
that
the
Wench
had
arrived
at
the
knowledg
of
them
,
by
standing
and
hearkning
behind
a
door
;
but
the
same
Question
being
proposed
to
Mis.
Teresia
,
she
affirmed
she
was
as
much
trusted
by
my
Lord
,
as
Mrs.
Fitz-Harris
her self
;
and
that
he
had
said
so
and
so
to
her
,
pursuant
of
the
intimacy
which
she
had
with
him
,
and
the
confidence
which
he
placed
in
her
.
Which
as
it
was
an
uncontroulable
Evidence
of
her
having
perjur'd
her self
,
so
it
was
a
happy
means
of
discovering
the
Conspiracy
against
the
Life
of
that
wise
and
generous
Lord
.
And
for
David
Fitz-Gerald
,
there
are
not
only
an
hundred
Testimonies
against
him
,
to
render
him
the
most
profligate
and
infamous
person
alive
;
but
the
very
Witnesses
which
were
produced
in
Court
against
the
Earl
of
Shaftsbury
,
have
testisied
to
several
of
His
Majesties
Justice
upon
Oath
,
how
he
had
tampered
with
them
,
and
what
pains
he
had
taken
to
suborn
them
.
So
that
I
may
boldly
say
,
the
Managers
of
this
Intrigue
are
liable
to
be
called
to
account
for
not
prosecuting
Fitz-Gerald
on
the
Depositions
of
those
,
upon
whose
Testimony
they
took
the
boldness
to
Indict
this
Great
and
Noble
Peer
.
And
whereas
there
is
one
Sir
James
Hayes
,
who
upon
his
swearing
against
Mr.
Wilson
,
had
been
represented
to
the
world
in
more
modest
terms
than
he
deserves
,
that
nevertheless
hath
had
the
confidence
to
vindicate
himself
in
a
No
Protestant
Plot
,
part
2.
p.
11
,
12.
publick
Intellegence
,
from
the
Crimes
which
had
been
charged
upon
him
.
I
do
therefore
affirm
,
that
he
was
not
only
guilty
of
all
the
Villanies
whereof
he
was
there
accused
,
but
that
there
are
many
more
Rogueries
chargeable
upon
him
,
than
were
there
mentioned
.
For
besides
his
having
been
heretofore
in
the
Kings
Bench
,
for
Knavery
and
Debt
,
and
his
being
necessitated
at
present
to
conceal
himself
from
his
Creditors
;
and
his
having
been
reduced
to
such
necessities
,
as
to
receive
two
pence
of
Mr.
Peter
the
Chyrurgeon
by
way
of
relief
;
I
say
besides
all
this
,
he
is
not
only
known
to
have
been
one
of
that
Fellowship
at
the
Mews
,
which
was
called
the
Black
guard
,
and
to
have
cheated
divers
Tradesmen
in
and
about
the
City
,
of
Goods
to
a
considerable
value
;
and
to
have
been
assistant
to
Norton
,
in
selling
the
Privy
Garden
at
Whitehall
,
by
a
false
Patent
,
to
a
Carpenter
to
build
upon
;
but
to
have
drawn
several
Bills
of
Exchange
,
to
the
value
of
Four
or
Five
hundred
pounds
,
on
Mr.
Roger
Moor
,
Merchant
in
Dublin
,
for
such
sums
of
money
,
received
of
Mr.
Henry
Crook
and
Mr.
James
Wale
,
here
in
London
,
which
Bills
were
all
returned
protested
.
In
the
mean
time
,
let
no
man
think
,
that
this
base
and
profligate
fellow
,
is
the
Sir
James
Hays
who
belonged
to
Prince
Rupert
,
and
who
hath
married
the
Lady
Falkland
,
seeing
this
worthy
Gentleman
is
a
person
of
more
Honour
and
Integrity
,
than
to
fall
under
a
suspicion
of
doing
any
thing
that
is
ill
.
And
as
they
,
whom
I
have
mentioned
,
are
the
Witnesses
whom
some
wise
men
thought
fit
to
have
concealed
,
when
the
rest
that
pretend
to
swear
a
Protestant
Plot
,
were
called
forth
,
and
produced
upon
the
publick
Stage
,
so
whether
the
Directors
and
Managers
of
this
Intrigue
,
do
only
reserve
them
till
the
much
desired
season
of
having
Juries
who
will
act
implicetly
,
or
such
at
least
,
as
will
prove
more
favourable
to
the
Design
;
or
whether
they
have
chosen
to
lay
them
wholly
aside
,
as
being
really
ashamed
of
them
,
I
cannot
tell
.
But
so
secure
are
we
of
our
own
Innocency
,
and
so
much
above
the
aspersions
of
such
vile
Miscreants
,
that
we
neither
envy
our
Enemies
the
having
a
thousand
of
them
,
nor
think
either
our
Lives
endangered
,
or
our
Reputations
lessened
,
through
being
sworn
against
by
persons
stigmatized
and
branded
as
they
are
.
And
whereas
there
are
some
,
either
so
silly
or
so
knavish
,
as
to
say
,
that
by
weakning
the
Credit
of
the
Evidence
,
concerning
a
Protestant
Plot
,
we
do
thereby
supplant
,
and
in
Sir
George
trip
up
the
heels
of
all
the
Evidence
and
Discovery
of
a
Popish
Plot
;
we
presume
to
say
,
that
they
are
greatly
mistaken
;
and
that
tho'
they
may
be
so
foolish
,
as
to
believe
such
a
thing
themselves
,
yet
they
will
find
it
difficult
to
impose
so
ridiculous
a
Deduction
and
Inference
upon
the
Thinking
and
Rational
part
of
Mankind
.
For
this
Sham
Conspiracy
,
contrived
and
carried
on
by
the
Papists
means
against
Protestants
,
is
both
a
most
convincing
Evidence
of
the
reality
of
a
Popish
Plot
,
and
that
there
are
some
people
interested
in
it
,
which
before
we
were
not
aware
of
.
Nor
was
this
Design
of
bringing
Protestants
under
the
suspicion
of
Treason
against
His
Majesty
and
the
Government
,
thought
of
,
or
undertaken
upon
any
other
or
lesser
account
,
but
in
order
to
protect
and
defend
themselves
from
the
punishments
which
they
know
they
were
justly
obnoxious
unto
,
for
their
own
Treasons
.
And
had
the
Papists
been
guilty
of
no
other
Plot
against
us
before
,
this
alone
is
enough
to
tell
us
,
how
implacably
they
pursue
our
ruine
.
Yea
,
we
could
sooner
pardon
thei●
attempting
to
cut
our
Throats
by
way
of
a
Massacre
,
than
their
endeavouring
to
destroy
us
in
a
course
of
Law
,
by
accusing
us
of
forged
and
suborned
Crimes
.
But
besides
,
the
Popish
Plot
remains
confirmed
many
other
ways
,
than
by
the
Oral
Testimony
and
Deposition
of
Witnesses
.
Do
not
Coleman's
Letters
effectually
prove
it
,
whereof
,
not
only
that
directed
to
the
Pope's
Nuncio
,
and
bearing
Date
,
Aug.
21.
1674.
says
,
That
they
had
great
Designs
in
agitation
,
and
worthy
the
consideration
of
the
Nuncio's
Friends
,
and
to
be
supported
with
all
their
power
;
wherein
says
Mr.
Coleman
,
we
doubt
not
but
to
succeed
,
and
it
may
be
,
to
the
utter
ruin
of
the
Protestant
party
,
if
you
joyn
with
us
in
good
earnest
,
and
cordially
second
our
enterprises
:
but
in
that
directed
to
Father
●e
Cheise
,
he
further
tells
us
,
That
they
had
undertaken
a
great
work
,
being
no
less
than
the
entire
subversion
of
that
Heresie
which
had
for
so
long
a
time
rul'd
over
this
Northern
part
of
the
world
.
And
is
not
the
murdering
of
Sir
Edmond-bury
Godfrey
,
both
an
indisputable
Evidence
,
that
there
was
a
Popish
Plot
,
and
that
their
destroying
him
,
was
meerly
to
prevent
the
discovery
of
their
design
for
destroying
us
?
Yea
,
what
any
pretended
to
discover
of
that
Plot
,
was
so
agreeable
to
Popish
Principles
,
and
did
so
correspond
with
the
preparations
that
we
had
observed
them
to
be
making
for
many
years
,
that
were
there
not
one
Witness
alive
,
we
could
demonstrate
the
truth
of
a
Popish
Conspiracy
,
from
Matters
,
Facts
,
and
such
Transactions
which
were
obvious
.
And
as
the
fellows
who
have
been
suborned
to
swear
against
Protestants
,
were
not
the
Original
Discoverers
of
the
Popish
Plot
,
so
Dr.
Oats
,
who
did
first
detect
and
reveal
that
Hellish
Conspiracy
,
is
both
forth-coming
,
and
remains
able
to
support
and
maintain
what
he
hath
deposed
.
And
without
doubt
,
his
Testimony
will
have
a
greater
Reputation
than
ever
,
by
his
withstanding
the
many
and
great
offers
whereby
he
was
tempted
to
swear
Treason
against
Protestants
.
For
his
scorning
to
be
brib'd
to
swear
against
us
,
is
a
most
convincing
Argument
,
that
what
he
swore
against
the
Papists
,
was
not
a
Fiction
of
his
own
,
invented
upon
Design
of
getting
money
and
preferment
.
Nor
is
it
to
be
thought
,
that
they
who
make
it
their
business
to
disparage
Dr.
Oats
,
and
to
lessen
his
Reputation
,
should
be
either
careful
about
the
maintaining
the
belief
of
a
Popish
Plot
,
or
of
sustaining
the
Credit
of
the
Witnesses
,
in
order
to
their
continuing
Good
Evidence
in
the
business
of
the
Popish
Conspiracy
.
And
whereas
there
are
others
,
and
some
of
them
not
only
men
of
Quality
,
but
Wit
,
who
say
,
That
the
Witnesses
having
been
believed
against
the
Papists
,
they
ought
also
to
be
believed
against
Protestants
;
seing
,
as
they
are
pleased
to
express
it
,
What
is
sawce
for
a
Goose
is
also
sawce
for
a
Gander
:
I
reply
,
that
if
Passion
,
Prejudice
and
Envy
would
give
these
men
leave
to
think
coherently
,
as
all
sober
men
use
to
do
,
they
would
soon
find
such
a
disparity
and
difference
in
these
two
cases
,
that
there
is
no
reason
they
should
be
credited
against
Protestants
,
because
Faith
was
given
to
their
Testimony
when
they
swore
against
the
Papists
.
For
it
is
one
thing
to
be
admitted
into
the
hidden
Machinations
and
Designs
of
Priests
,
who
were
their
Confessors
,
had
the
direction
of
their
Consciences
,
and
with
whom
they
had
been
long
and
familiarly
acquainted
,
and
another
thing
to
be
made
privy
to
the
most
important
and
hazardous
Secrets
of
persons
with
whom
they
they
never
had
any
intimacy
,
and
to
whom
they
never
spake
,
unless
it
were
either
concerning
what
they
pretended
to
know
of
the
Popish
Plot
,
or
in
reference
to
their
getting
bread
and
sustenance
allowed
them
.
Surely
there
is
a
great
disparity
betwixt
their
being
believed
about
matters
communicated
unto
them
,
before
they
were
known
to
have
deceived
those
that
had
put
confidence
in
them
;
and
their
being
believed
concerning
Designs
,
which
they
say
were
trusted
with
them
,
after
all
the
world
knew
how
they
had
discovered
and
betrayed
their
antient
Friends
who
did
rely
upon
them
▪
Nor
is
there
any
pari●y
betwixt
the
giving
credit
to
men
about
an
affair
where
both
the
Matter
that
is
sworn
,
and
the
Circumstances
by
which
it
is
enforced
,
do
demonstrate
the
truth
and
reality
of
what
is
Deposed
;
and
the
receiving
their
Testimony
concerning
a
business
that
is
full
of
Contradictions
and
moral
impossibilities
.
Nay
,
it
is
one
thing
to
believe
a
man
concerning
a
thing
,
the
doing
whereof
was
agreeable
to
the
Principles
which
he
professed
,
and
for
the
concealing
of
which
he
was
under
an
Oath
of
Secrecy
;
and
another
thing
to
believe
him
about
a
matter
that
was
forbidden
by
the
Religion
both
of
those
that
are
said
to
have
trusted
him
,
and
which
Religion
himself
had
espoused
,
because
it
did
prohibit
such
Villanies
,
and
for
the
concealing
whereof
he
was
never
brought
under
any
ties
and
obligations
.
No
person
that
hath
not
abjured
Honesty
and
common
sense
,
but
must
needs
acknowledg
that
there
is
a
great
difference
betwixt
admitting
the
Testimony
of
one
,
who
no
ways
appears
to
be
tampered
with
,
and
allowing
such
an
one's
Deposition
for
legal
and
true
,
who
is
known
to
have
been
hired
and
suborned
.
So
that
upon
the
whole
,
we
shall
finde
Sawce
for
their
Goose
,
but
in
the
mean
time
we
defie
them
to
find
sawce
for
their
Gander
▪
Nor
is
it
equal
,
that
because
these
Witnesses
have
been
believed
about
a
Popish
Plot
,
whereof
we
are
furnished
with
an
hundred
Evidences
besides
their
Testimony
;
that
they
should
therefore
be
believed
in
reference
to
a
Protestant
Conspiracy
against
His
Majesty
and
the
Monarchy
,
whereof
we
have
no
footstep
nor
symptome
,
but
must
take
it
upon
their
mere
Affidavit
.
Having
now
consider'd
the
quality
and
the
credibility
of
the
Witnesses
,
we
are
in
the
next
place
to
weigh
&
ponder
the
matter
which
they
Deposed
and
Swore
.
And
if
our
Understanding
and
Reason
do
not
deceive
us
,
we
shall
:
make
the
whole
Forgery
palpable
,
from
what
they
have
taken
upon
them
to
say
against
the
Earl
of
Shaftsbury
,
tho'
there
were
no
antecedent
Reasons
for
the
bringing
their
credit
as
to
this
affair
into
Suspicion
.
For
if
a
business
Deposed
be
either
contradictory
to
it self
,
or
morally
impossible
,
or
in
the
principal
strokes
and
lines
of
it
contrary
to
the
universal
knowledg
of
the
Nation
,
or
doth
interfore
with
the
indelible
Principles
of
the
party
that
is
accused
,
or
be
found
to
thwart
the
Passions
and
Resentments
which
he
is
supposed
to
be
swayed
by
,
the
Forgery
does
thereby
become
as
obvious
to
all
thinking
people
,
as
if
they
had
been
present
at
the
Consults
and
Cabals
where
the
things
to
be
Sworn
were
devised
,
invented
and
laid
.
Nor
is
it
unworthy
of
our
Observation
,
that
tho'
the
Treason
which
they
are
pleased
to
swear
and
declare
,
be
both
so
horrid
in
it self
,
and
importing
so
great
danger
to
His
Majesty's
person
,
yet
they
did
not
immediately
reveal
it
as
became
them
to
have
done
.
Bracton
says
,
That
he
who
doth
not
discover
Treason
with
all
the
expedition
imaginable
,
after
it
once
comes
to
his
knowledg
,
shall
not
be
heard
or
allowed
as
a
Witness
,
if
he
come
to
discover
it
afterwards
.
Si
ad
tempus
dissimulaverit
&
subticuerit
,
&c.
&
post
intervallum
accusare
velit
,
non
erit
de
jure
audiendus
,
nisi
docere
poterit
se
fuisse
justis
rationibus
impeditum
.
Now
all
the
Witnesses
against
the
Earl
of
Shaftsbury
acknowledg
their
concealing
the
Treason
for
several
Months
,
which
they
came
in
at
last
to
accuse
him
of
.
And
when
we
consider
how
much
the
King's
Life
,
Crown
and
Dignity
were
in
hazard
,
if
that
be
true
which
they
Depose
,
we
cannot
but
judg
of
the
Witnesses
as
a
company
of
Disloyal
Rascals
,
and
that
it
was
not
from
Principles
of
Loyalty
,
nor
from
a
sense
of
their
Duty
,
that
they
were
brought
at
last
to
make
this
Discovery
.
Nay
their
concealing
it
without
any
just
and
reasonable
cause
so
long
,
is
more
than
a
presumption
that
this
Conspiracy
,
wherewith
they
charge
this
Noble
Peer
and
other
great
and
worthy
Protestants
,
is
nothing
but
a
late
Forgery
of
their
own
,
and
that
they
take
upon
them
to
detect
what
never
really
was
,
upon
the
Subornation
of
others
,
and
for
the
accomplishing
some
base
,
mercinary
and
villanous
ends
.
Nor
can
there
be
a
clearer
proof
of
the
Folly
of
these
Fellows
and
the
Falshood
of
what
they
swear
,
than
that
some
of
them
represent
themselves
to
have
discoursed
all
the
while
with
the
greatest
Loyalty
,
when
in
the
mean
time
they
introduce
My
Lord
speaking
See
Proceedings
at
the
Old-Baily
,
p.
24
,
25.
Treason
at
every
word
.
We
must
suppose
that
man
distracted
,
who
should
continue
speaking
Treason
for
half
an
hour
together
,
when
in
the
Interim
all
the
Answers
and
Replies
of
the
person
with
whom
he
is
discoursing
,
do
manifest
a
firm
and
steddy
Allegiance
to
the
King
.
Smith's
pretending
to
have
spoken
with
so
much
Caution
and
Circumspection
,
while
as
he
swears
,
The
Earl
of
Shaftsbury
talk'd
nothing
but
Treason
,
betrays
not
only
the
folly
of
the
wretch
,
but
plainly
shews
,
that
whatsoever
he
swore
against
that
Noble
Peer
,
was
false
,
and
either
forged
by
himself
,
or
dictated
unto
him
by
such
as
had
hired
and
suborned
him
.
Yea
,
all
that
they
deposed
,
appears
plainly
to
be
False
and
Romance
,
in
that
the
persons
whom
they
pretend
to
have
been
present
when
the
Earl
of
Shaftsbury
spake
such
Traiterous
words
against
His
Majesty
and
the
Government
,
do
positively
aver
,
that
there
was
not
so
much
as
one
syllable
of
all
that
said
,
which
these
Miscreants
have
sworn
.
For
whereas
Dennis
affirms
,
that
Major
Manley
was
in
the
Room
,
when
my
Lord
told
the
said
Dennis
,
That
they
did
really
intend
to
have
England
under
a
Common-wealth
;
Old
Baily
,
p.
31
,
32.
and
that
his
Lordship
desired
Dennis
to
advise
those
of
his
Name
,
and
such
as
were
his
Friends
in
Ireland
,
to
be
in
a
readiness
to
assist
the
Common-wealth
of
England
:
Major
Manley
indeed
acknowledgeth
his
being
present
at
that
time
,
when
Dennis
was
with
the
Earl
of
Shaftsbury
,
but
withal
he
is
ready
to
swear
,
That
my
Lord
spake
not
one
word
to
him
,
except
the
asking
him
with
some
seeming
passion
and
heat
,
what
his
business
was
?
And
forasmuch
as
Booth
deposeth
upon
Oath
,
That
Captain
Wilkinson
was
several
times
by
,
when
my
Lord
Shaftsbury
discoursed
to
the
purpose
that
that
Miscreant
swore
;
and
particularly
,
that
the
business
about
the
Fifty
men
who
were
to
be
my
Lord
Shaftsbury'
s
Guard
,
was
transacted
before
the
Captain
,
this
Honest
and
Loyal
Gentleman
peremptorily
affirms
,
That
he
was
never
at
the
Earl
of
Shaftsbury's
with
Booth
but
once
,
and
that
in
the
hearing
and
presence
of
Sir
Peter
Colliton
,
and
that
the
whole
discourse
was
about
their
going
to
Carolina
.
The
falsehood
of
the
whole
matter
,
which
the
Witnesses
have
deposed
against
the
Earl
of
Shaftsbury
,
is
evidently
detected
and
discovered
by
this
,
that
whereas
one
of
the
Witnesses
pretends
to
have
communicated
the
Treasonable
design
which
my
Lord
had
acquainted
him
with
,
that
very
night
which
he
heard
it
,
to
a
Club
,
or
Society
of
Gentlemen
,
at
the
Queens
Arms
in
Newgate
street
;
all
these
Worthy
and
truly
Loyal
Gentlemen
,
do
positively
and
unanimously
affirm
,
that
there
was
no
such
thing
either
mentioned
at
that
time
,
or
at
any
other
season
discovered
unto
them
.
For
whereas
Smith
swears
,
That
my
Lord
Shaftsbury
having
told
him
,
the
King
did
walk
in
the
same
steps
which
his
Father
did
,
and
would
never
be
quiet
,
till
he
came
to
his
Fathers
end
:
and
that
thereupon
,
he
the
Old
Baily
,
p.
25.
said
Smith
,
came
immediately
and
acquainted
these
Gentlemen
with
it
,
who
were
met
at
the
Queens
Arms
,
they
do
all
solemnly
profess
,
there
was
no
such
thing
;
and
that
Smith
is
a
forsworn
and
perjur'd
Rascal
in
saying
so
.
However
,
here
was
a
Train
laid
for
the
Lives
of
all
those
Worthy
and
Loyal
persons
,
could
the
wretch
have
obtained
Credit
with
the
Jury
,
as
to
what
he
Deposed
against
My
Lord
.
And
whereas
Smith
furt
her
says
the
Earl
of
Shaftsbury
told
him
,
(
that
Evening
which
Major
Manley
brought
him
from
the
Club
at
the
Queens-Arms
to
Thanet-house
)
The
King
pamper'd
Fitz-Gerald
to
stifle
the
Plot
in
Ireland
,
and
that
he
was
as
well
satisfied
with
the
coming
in
of
Popery
as
the
Duke
of
York
;
and
that
the
Parliament
was
satisfied
he
was
as
much
for
it
as
his
Brother
;
(
for
so
the
Wretch
swore
in
Court
,
tho'
the
last
words
be
left
out
in
the
Print
)
all
this
,
I
say
,
is
feigned
and
invented
,
seeing
Major
Manley
,
who
was
present
and
by
all
that
time
(
albeit
Smith
concealed
that
upon
the
giving
his
Evidence
)
is
ready
to
Depose
upon
Oath
,
that
there
was
not
one
Syllable
spoken
by
my
Lord
to
the
purpose
which
this
Miscreant
swears
.
Let
us
add
to
this
,
Hayns's
Deposing
,
That
he
had
a
long
discourse
with
the
Earl
of
Shaftsbury
at
a
Cooks
in
Ironmonger-lane
,
in
a
little
Room
next
the
Kitchin
,
(
where
by
the
way
,
that
last
expression
is
left
out
in
the
Print
)
and
we
shall
find
this
whole
Forgery
still
more
obvious
and
palpable
.
For
as
My
Lord
was
never
there
,
except
when
he
dined
with
divers
Noble
and
Worthy
Persons
:
So
besides
the
improbability
of
his
leaving
the
company
and
society
of
men
of
the
best
Quality
in
England
,
to
come
and
talk
with
such
a
Fellow
as
Hayns
,
and
besides
the
absurdness
that
is
in
supposing
the
Earl
of
Shaftsbury
to
have
staid
an
hour
in
a
little
Room
by
a
Cook
's
Kitchin
;
not
only
the
Servants
of
the
house
do
positively
affirm
the
contrary
of
all
that
this
Rascal
swears
,
but
divers
Noble
Persons
are
ready
to
testifie
that
the
Earl
of
Shaftsbury
never
came
down
stairs
out
of
the
great
Room
,
till
he
was
going
away
,
and
that
he
took
Coach
immediately
,
without
withdrawing
into
any
Room
below
.
But
that
which
is
extravagant
beyond
all
imagination
and
which
proclaims
to
every
wise
man
the
falshood
of
all
they
have
sworn
,
is
Hayns's
deposing
,
That
the
Earl
of
Shaftsbury
should
not
only
say
,
There
are
Families
in
England
which
have
as
much
pretence
to
the
Crown
as
the
King
;
but
that
the
Duke
of
Buckingham
hath
in
Right
of
his
Mother
as
good
a
Title
to
the
Crown
,
as
ever
any
Steward
had
.
Is
it
not
enough
to
introduce
the
Earl
of
Shaftsbury
talking
Treasonably
,
but
he
must
be
likewise
exposed
as
talking
ridiculously
?
Surely
the
Superintenders
and
Managers
of
this
Plot
,
in
the
guilt
whereof
they
would
involve
Protestants
,
must
either
be
of
very
weak
Understandings
themselves
,
or
they
must
apprehend
the
generality
of
Mankind
to
be
so
,
otherwise
they
could
never
hope
to
impose
upon
the
world
by
such
nonsensical
stuff
as
this
is
.
For
besides
that
no
man
knows
of
any
Title
whereby
the
Duke
of
Buckingham
can
pretend
to
the
Crown
,
the
Right
of
claiming
by
his
Mother
,
as
sprung
from
the
Plantagenets
,
being
altogether
groundless
;
so
there
is
not
so
sublime
a
Friendship
between
my
Lord
Shaftsbury
and
the
Duke
of
Buckingham
,
as
that
for
advancing
the
Duke
to
the
Throne
my
Lord
should
not
only
venture
his
own
life
&
fortune
,
but
disoblige
the
best
Friends
he
hath
in
the
Nation
,
and
entangle
his
native
Country
in
Civil
War
.
This
misadventure
in
the
Testimony
of
one
of
the
most
considerable
Witnesses
,
betrays
not
only
their
Folly
,
but
that
the
whole
Plot
,
whereof
the
Earl
of
Shaftsbury
hath
been
accused
,
is
a
malicious
Forgery
,
in
order
to
take
away
the
Life
of
that
innocent
Peer
.
Nor
can
any
,
who
are
not
willing
to
sacrifice
the
Protestant
Religion
,
the
Liberties
of
their
Country
,
and
the
Lives
of
Guiltless
Persons
to
the
Hatred
and
Rage
of
the
Papists
,
give
any
Credit
to
Fellows
,
who
Swear
at
so
Wilde
and
Nonsensical
a
rate
.
Had
the
Mercinary
wretches
designed
to
publish
themselves
for
Liars
and
Impostors
to
all
the
world
,
they
could
not
have
taken
a
more
effectual
way
to
do
it
,
than
by
affirming
,
that
the
Earl
of
Shaftsbury
should
be
desirous
to
enter
into
a
Combination
and
Conspiracy
with
Irish
Papists
,
in
order
to
prevent
a
Popish
Successor
,
and
for
preserving
the
Protestant
Religion
.
For
at
the
same
time
that
Dennis
chargeth
this
Noble
Person
with
saying
,
That
he
would
extirpate
the
King
and
all
his
Family
,
he
swears
,
That
he
desired
him
to
write
to
his
Popish
Friends
,
to
be
ready
to
assist
.
And
tho'
I
do
not
much
wonder
to
find
a
Caitiff
of
the
size
of
Dennis's
Wit
and
Understanding
,
swear
a
business
which
disproveth
it self
before
all
Wise
and
Rational
persons
;
yet
I
cannot
forbear
marvelling
,
that
they
who
view'd
the
Depositions
,
and
were
to
gloss
and
enforce
the
Evidence
,
would
suffer
such
a
Deposition
to
appear
upon
the
publick
Stage
,
which
would
not
only
make
the
Forgery
notorious
,
but
infallibly
expose
themselves
,
as
well
as
the
perjur'd
Rogues
,
to
the
laughter
,
scorn
and
detestation
of
mankind
.
Nor
is
it
unworthy
of
remark
,
that
in
the
expressions
which
they
swear
my
Lord
Shaftsbury
used
,
they
make
him
not
only
forget
the
Loyalty
of
a
Subject
,
but
the
Civility
and
Breeding
of
a
Gentleman
.
For
the
Terms
wherein
they
represent
him
speaking
of
the
King
,
are
besides
their
being
Treasonable
,
too
rude
to
proceed
from
any
that
knows
the
measures
of
Civility
,
or
hath
been
occasioned
to
speak
with
any
kind
of
Decorum
.
For
not
only
Macknamarra
introduceth
him
calling
the
King
,
a
Faithless
Person
,
and
one
that
was
no
way
to
be
believed
:
But
Haynes
will
have
him
both
to
say
,
That
the
King
had
no
more
Religion
than
a
Horse
,
and
that
he
was
degenerated
into
a
perfect
Beast
,
and
that
he
durst
as
soon
be
hang'd
,
as
to
meddle
with
the
said
Haynes
,
if
he
stuck
to
his
Information
about
Sir
Edmond-bury
Godfrey'
s
Murder
.
This
is
a
Dialect
proper
for
such
Rascals
as
the
Witnesses
to
use
;
but
it
is
not
a
Stile
that
men
of
Quality
are
accustomed
unto
,
or
can
allow
themselves
to
speak
in
.
For
how
much
soever
they
may
be
offended
with
the
ways
and
methods
of
Princes
,
yet
they
constantly
speak
of
their
Persons
with
Respect
and
Deference
.
Whether
are
we
to
esteem
it
a
Subject
fit
for
our
mirth
and
laughter
,
or
for
our
disgust
and
indignation
,
to
see
a
Fellow
appear
at
a
Bar
,
against
a
Great
and
Wise
Peer
,
and
among
other
Treasonable
Expressions
,
whereof
he
accuseth
him
,
to
swear
,
That
the
said
Lord
put
a
greater
Respect
and
Valuation
upon
him
,
than
he
did
upon
the
King
himself
?
Haynes
having
sent
to
the
Earl
of
Shaftsbury
,
and
several
other
Noble
Persons
,
That
he
would
make
considerable
Discoveries
,
if
they
would
procure
him
a
Pardon
,
the
Rascal
swears
,
That
being
in
Discourse
with
my
Lord
Shaftsbury
about
that
matter
,
my
Lord
should
say
,
If
the
King
would
not
grant
the
Pardon
for
him
,
that
was
desired
,
they
would
raise
the
whole
Kingdom
against
him
;
and
that
he
must
not
expect
to
live
peaceably
in
his
Throne
,
if
he
did
not
grant
it
.
For
not
to
insist
on
this
,
That
the
Earl
of
Shaftsbury
never
spake
with
Haynes
,
nor
would
not
so
much
as
see
him
,
both
which
will
be
proved
as
far
as
Negatives
are
capable
,
can
any
man
that
hath
not
renounced
Sense
as
well
as
Conscience
,
believe
that
the
Earl
of
Shaftsbury
would
put
the
Life
of
the
King
,
and
the
Peace
of
the
Kingdom
in
competition
with
Haynes's
being
pardoned
or
not
pardoned
?
For
suppose
that
the
Fellow
undertook
to
make
very
useful
and
important
Discoveries
,
provided
he
might
have
a
Pardon
;
yet
we
must
be
Bruits
,
before
we
can
be
perswaded
,
that
a
person
of
Prudence
and
Conduct
should
,
in
case
a
pitiful
wretch
were
not
secured
against
the
danger
of
the
Gallows
to
which
he
stood
obnoxious
,
threaten
not
only
to
dethrone
a
Monarch
,
to
whom
he
lies
under
many
Obligations
,
besides
those
of
Fealty
,
but
to
hurl
a
quiet
and
peaceable
Nation
into
War
and
Blood
.
And
as
if
it
were
not
enough
for
these
silly
,
as
well
as
malicious
wretches
,
to
make
my
Lord
Shaftsbury
say
a
Thousand
things
which
are
equally
Ridiculous
and
absurd
as
they
are
Treasonable
,
they
will
have
him
to
have
talk'd
of
matters
ready
to
be
done
;
which
being
duly
weighed
,
will
be
found
to
have
been
morally
impossible
.
For
so
is
all
that
is
sworn
against
him
,
concerning
a
Design
to
seize
the
King
at
Oxford
,
where
he
was
not
only
surrounded
with
his
Guards
,
but
,
as
our
Enemies
must
acknowledg
,
environed
with
many
Loyal
Peers
and
Gentlemen
.
Nor
are
we
told
of
any
preparations
that
were
suitable
to
an
undertaking
which
was
so
difficult
in
it self
,
and
which
would
be
extreamly
fatal
to
the
Authors
,
if
it
miscarried
.
For
whereas
they
depose
,
That
my
Lord
told
them
,
the
Members
came
well
p.
26.
Horsed
and
well
Armed
,
the
whole
Kingdom
knows
the
contrary
.
Some
of
the
Members
went
so
ill
attended
,
as
that
they
were
not
in
a
condition
to
secure
themselves
from
being
Rob'd
by
the
way
.
And
divers
of
the
most
Martial
persons
in
the
Oxford
House
of
Commons
,
went
thither
in
Hackney
Coaches
,
with
scarce
a
Servant
a
peice
to
wait
upon
them
.
Yea
,
this
very
Earl
,
who
is
said
not
only
to
have
projected
the
seizing
the
King
at
Oxford
,
but
to
have
corresponded
with
others
,
in
order
to
their
coming
provided
thither
with
strength
and
force
,
for
the
accomplishing
of
it
,
had
neither
Coach
nor
Horse
there
himself
.
So
ignorant
was
this
Noble
Person
of
any
such
design
,
and
so
unprepared
for
the
execution
of
an
attempt
of
that
nature
,
that
he
went
down
in
an
hired
Coach
,
and
was
forc'd
to
stay
there
after
the
Dissolution
of
the
Parliament
,
till
he
sent
to
London
for
Horses
,
to
convey
and
accommodate
him
home
.
Was
not
the
Concourse
at
Oxford
much
smaller
than
was
reckoned
upon
,
considering
the
Greatness
and
Solemnity
of
the
Occasion
?
It
cannot
be
thought
,
that
the
Peers
of
England
,
and
the
principal
Gentry
of
the
Kingdom
,
should
go
to
to
so
August
and
Solemn
an
Assembly
,
without
some
Menial
Servants
to
attend
them
.
And
if
the
having
supernumeraries
in
a
Retinue
,
be
Foundation
to
raise
a
just
suspition
of
a
Plot
,
the
Lords
and
Commons
to
whom
some
give
the
Character
of
being
more
Loyal
than
the
rest
of
His
Majesties
Subjects
,
will
be
most
liable
to
suspicion
.
Our
Adversaries
would
greatly
oblige
us
,
if
they
would
tell
us
,
where
the
Forces
were
raised
that
were
to
be
employed
in
this
Traterous
Fact
,
and
how
they
remained
invisible
in
their
coming
together
,
and
parting
again
.
It
was
the
indispensable
duty
of
His
Majesties
Officers
,
to
have
diligently
enquired
after
these
things
:
And
surely
the
Ministers
have
had
opportunity
,
as
well
as
inclination
to
have
done
it
long
before
now
.
And
whereas
we
are
told
of
Fifty
men
,
and
those
persons
of
quality
,
who
had
others
to
attend
them
,
that
were
listed
for
a
Guard
to
the
Earl
of
Shaftsbury
;
and
that
Captain
Wilkinson
was
to
have
the
Command
of
them
;
the
Captain
,
whose
Word
is
more
valuable
than
Booth's
Oath
,
does
not
only
deny
it
,
but
hath
demonstrated
,
that
such
an
undertaking
was
inconsistent
with
the
State
of
his
affairs
.
Yea
,
the
Wretch
,
altho'
he
swears
,
That
himself
was
one
of
them
,
and
that
he
had
accordingly
provided
Arms
and
a
good
Stone-horse
;
That
he
knew
one
man
of
them
,
or
that
ever
he
conversed
with
any
of
them
.
Nor
is
the
perjur'd
Rogue
able
to
give
the
world
an
account
where
he
bought
the
Stone-horse
,
which
he
pretends
to
have
provided
in
order
to
the
Design
,
nor
in
what
Stable
he
kept
him
to
be
in
a
readiness
for
that
Service
.
Would
our
Enemies
have
the
world
believe
the
incredible
Crimes
wherewith
they
have
gotten
us
charged
?
Alas
,
all
men
who
have
either
a
grain
of
Wit
or
Honesty
left
,
will
sooner
look
upon
them
as
Malicious
and
Blood
thirsty
Impostors
.
It
would
require
a
Book
,
rather
than
a
Paragraph
,
throughly
to
inspect
and
discourse
the
matter
which
the
Witnesses
have
Sworn
,
and
from
thence
to
unveil
the
whole
Mystery
,
and
detect
the
Forgery
of
this
Protestant
Plot.
What
can
be
more
ridiculous
in
it self
,
or
more
discover
the
Villany
of
this
Intrigue
,
than
to
hear
a
company
of
Wretches
swear
,
that
a
prudent
and
wise
man
has
been
engaged
in
a
Conspiracy
to
destroy
the
Monarchy
,
and
to
establish
a
Commonwealth
,
when
the
doing
it
were
to
ruin
himself
and
all
the
Peerage
of
England
?
No
man
out
of
Bedlam
can
be
so
distracted
,
as
to
embark
in
a
Design
which
would
bring
himself
into
a
level
with
those
above
whom
he
is
raised
,
and
upon
whose
Resolves
those
of
his
Order
and
Rank
in
the
present
Government
,
have
by
the
Constitution
a
perfect
Negative
.
Ambition
is
that
which
usually
inspires
men
to
great
and
hazardous
Undertakings
;
and
he
must
be
supposed
a
Fool
,
that
would
engage
in
an
affair
that
would
lessen
and
degrade
both
himself
and
all
his
Posterity
,
as
well
as
the
Nobility
of
his
Country
.
Nor
could
he
expect
any
man
of
Greatness
and
Interest
to
join
with
him
in
a
Project
so
inconsistent
with
their
Honour
and
the
Figure
which
under
the
Established
Legal
Government
they
make
in
the
State
.
Nor
is
the
altering
the
Monarchy
into
a
Commonwealth
more
contrary
to
his
Allegiance
,
than
it
is
repugnant
to
his
Interest
and
those
indelible
Principles
of
Civil
Knowledg
and
Policy
which
he
is
imbu'd
with
,
and
hath
always
professed
.
What
can
be
imagined
more
absurd
,
than
that
the
Earl
of
Shaftsbury
and
the
Protestant
Peers
and
Gentlemen
of
England
should
combine
to
accelerate
their
own
ruin
in
Apprehending
and
Deposing
the
King
,
who
is
our
only
Security
and
Protection
against
Popery
,
Slavery
and
Arbitrariness
?
Tho'
Princes
have
been
sometimes
laid
aside
by
a
discontented
people
,
when
the
people
have
had
a
prospect
of
bettering
their
Condition
under
him
who
was
likely
to
succeed
;
yet
never
any
conspired
to
destroy
a
just
and
merciful
Prince
,
to
make
way
for
one
in
his
room
that
implacably
hated
both
them
and
their
Religion
,
and
who
had
resolved
and
determined
their
ruin
.
Nor
hath
it
been
ever
known
,
that
the
same
Folly
and
Madness
(
especially
when
the
consequences
have
been
fatal
and
destructive
to
the
first
Authors
)
hath
been
acted
twice
in
the
same
Age.
And
therefore
the
reviving
the
memory
of
the
late
War
,
instead
of
serving
to
raise
Fears
and
Jealousies
of
another
,
doth
to
all
thinking
people
demonstrate
there
can
be
none
,
unless
the
Papists
should
begin
a
Rebellion
and
Massacre
in
England
,
as
they
did
heretofore
in
Ireland
;
and
in
such
a
case
I
know
not
but
that
Protestants
may
both
endeavour
to
defend
their
Lives
against
the
Swords
of
their
Enemies
,
and
to
be
revenged
upon
those
bloody
men
.
And
were
not
some
people
forsaken
of
all
Modesty
,
as
they
have
abandoned
all
Truth
and
Justice
,
they
would
be
ashamed
of
filling
the
Nation
with
Jealousies
of
a
new
Civil
War
;
unless
they
know
of
such
who
are
resolved
either
to
extirpate
us
,
as
well
as
to
overthrow
all
our
Rights
and
Liberties
,
if
by
having
recourse
to
Arms
we
do
not
defend
both
our selves
and
them
.
To
all
that
hath
been
said
concerning
the
Infamy
of
the
Witnesses
,
and
from
the
absurdity
of
the
matter
which
they
have
Deposed
,
in
order
to
the
detection
of
this
forged
Conspiracy
against
Protestants
;
we
might
still
render
their
Testimony
more
palpably
false
,
by
observing
how
they
studiously
endeavour
to
put
an
estimate
and
value
upon
themselves
,
beyond
what
they
are
capable
of
having
,
and
all
this
in
order
and
subserviency
to
their
being
the
better
believed
concerning
the
Treasons
whereof
they
had
accused
us
.
For
knowing
that
there
was
no
reason
why
any
Faith
should
be
given
unto
them
,
and
being
apprehensive
they
would
not
be
believed
,
how
do
they
endeavour
by
Protestations
and
otherwise
to
support
and
fortifie
their
own
Credit
?
Accordingly
Smith
,
before
he
entred
upon
the
giving
his
Evidence
against
the
Earl
of
Shaftsbury
,
desired
leave
to
wipe
off
the
Aspersions
which
lay
upon
him
about
Colledge's
Trial
,
(
which
words
by
the
by
,
are
left
out
in
the
Print
)
namely
,
That
whereas
it
had
been
reported
that
he
Swore
a
Proceedings
at
the
Old-Bailey
,
p.
23.
general
Plot
against
the
Protestants
and
the
City
of
London
,
(
instead
whereof
there
is
only
in
the
Print
,
a
general
Design
against
his
Majesty
)
he
then
said
that
he
never
swore
any
such
thing
,
neither
could
he
swear
there
was
a
general
Design
of
the
City
.
For
not
to
insist
upon
this
,
that
he
swore
at
Colledges
Trial
,
That
Colledg
told
him
,
the
Parliament
was
agreed
to
seize
the
King
,
and
that
the
City
was
provided
;
which
is
in
effect
the
very
things
which
at
the
proceedings
upon
the
Bill
against
the
Earl
of
Shaftsbury
,
he
would
have
vindicated
himself
from
,
as
aspersions
only
east
upon
him
;
I
say
,
not
to
insist
upon
this
,
what
else
meant
that
Apology
,
p.
28.
27.
but
that
he
would
have
retrieved
a
credit
with
the
Jury
,
which
he
knew
he
had
forfeited
,
and
impose
an
opinion
of
his
Honesty
upon
them
,
being
jealous
that
they
might
think
he
had
lost
all
pretensions
to
any
such
thing
.
It
is
also
remarkable
,
and
serves
to
discover
their
Falshood
in
what
they
swore
against
the
Earl
of
Shaftsbury
,
that
they
endeavoured
to
make
themselves
valuable
and
worthy
to
be
trusted
by
great
and
wise
men
,
by
pretending
a
knowledg
of
the
Transactions
of
the
world
,
and
affairs
of
Kingdoms
,
which
as
they
were
never
capable
of
attaining
,
so
they
had
but
betrayed
their
Folly
and
Vanity
in
offering
to
discourse
concerning
such
things
to
that
knowing
and
sagacious
Peer
.
For
to
hear
Hayn's
depose
,
That
he
gave
my
Lord
Shaftsbury
Old-Bayly
,
p.
27.
an
account
of
all
Transactions
from
King
Charles
the
First
's
Reign
,
to
this
very
day
;
and
that
my
Lord
was
mightily
satisfied
,
pleased
and
free
with
him
,
finding
that
he
was
a
Traveller
;
Is
as
if
he
should
have
told
all
the
world
,
that
what
he
Deposed
against
that
great
man
was
all
Forgery
,
and
that
he
was
only
seeking
to
beget
a
credulity
in
the
Court
,
by
a
vain
ostentation
of
his
knowledg
in
Civil
Affairs
,
and
his
being
qualified
to
be
admitted
into
the
secret
and
hazardous
Counsels
of
the
greatest
Statesmen
.
Alas
!
an
acquaintance
with
the
Occurrences
of
Princes
Reigns
,
and
a
being
able
to
declare
the
affairs
of
two
Regencies
in
their
dependence
and
order
,
with
the
Causes
and
Reasons
of
a
War
which
few
can
penetrate
into
the
grounds
of
,
●re
not
things
agreeable
to
the
way
of
Hayns's
Education
,
nor
to
be
expected
from
one
that
is
not
wonderfully
conversant
in
the
Memoire
and
Registers
of
Civil
matters
,
and
who
hath
enjoyed
an
intimate
acquaintance
with
those
that
were
interested
in
the
management
both
of
Civil
and
Military
Concernments
.
Their
Malice
and
Perjury
in
this
whole
Affair
,
are
open
and
palpable
,
by
their
indirect
and
evasive
answers
to
plain
and
easie
questions
.
Such
was
Booth's
reply
to
Mr.
Papilion
,
who
having
ask'd
him
,
whether
he
knew
any
of
He
never
directly
knew
,
or
conversed
with
any
of
them
.
And
such
also
was
Haynes's
reply
to
the
question
which
was
put
to
him
,
concerning
his
having
given
an
Information
to
a
Justice
of
Peace
,
of
a
design
against
the
Treasonable
words
,
about
making
the
Duke
of
Buckingham
King
:
Nor
could
either
Smith
or
Turberville
tell
,
when
they
gave
in
their
Informations
against
my
Lord
,
nor
whether
it
was
before
or
after
his
Commitment
.
Nay
,
Smith
could
not
tell
in
what
month
he
did
it
.
In
a
word
,
the
Demeanor
of
the
Witnesses
carrying
things
so
,
as
if
they
would
hector
people
into
a
belief
of
what
they
swore
,
and
their
answering
the
questions
proposed
unto
them
,
either
with
great
difficulty
,
or
with
great
artifice
and
cunning
,
proclaim
to
all
impartial
men
,
that
the
Design
upon
which
they
appeared
,
was
very
ill
,
and
that
they
were
suborned
&
perjured
fellows
.
There
was
not
that
modesty
to
be
seen
in
their
Behaviour
,
nor
that
simplicity
in
their
Evidence
,
nor
that
plainness
,
easiness
and
directness
in
their
Answers
,
which
was
agreeable
to
Truth
;
but
their
whole
carriage
,
and
the
manner
of
their
delivering
themselves
,
was
starch't
huffing
,
artificial
,
and
full
of
trick
.
But
whereas
there
is
a
Paper
stiled
,
An
Association
,
pretended
to
be
found
,
among
other
Writings
,
in
the
Earl
of
Shaftsbury's
Closet
,
that
morning
he
was
apprehended
;
upon
which
,
great
stress
is
laid
towards
the
proving
a
Conspiracy
of
this
Lord
,
and
other
Protestants
,
against
His
Majesty
and
the
Government
,
I
shall
therefore
with
all
that
modesty
which
becomes
me
,
in
reference
to
persons
in
Authority
,
and
yet
with
all
that
freedom
which
the
Innocency
of
Peers
and
Gentlemen
,
unjustly
accused
,
doth
require
,
take
this
Paper
a
little
into
consideration
,
and
make
some
just
and
modest
Reflections
in
reference
unto
it
.
An
Association
for
the
preservation
of
the
King
and
the
Protestant
Religion
,
if
it
be
duly
drawn
,
and
contain
nothing
in
it
contrary
to
the
Rights
and
Prerogatives
of
His
Majesty
,
the
Priviledges
of
Parliament
,
and
the
Liberties
and
Property
of
the
People
,
will
neither
be
found
so
new
,
nor
so
surprising
a
thing
,
as
that
the
Grand
Juries
of
the
several
Counties
should
be
influenced
and
perswaded
to
abhor
it
.
For
our
Ancestors
in
Queen
Elizabeths
time
,
being
apprehensive
,
that
the
Queens
Life
,
the
Peace
of
the
Kingdom
,
and
the
Protestant
Religion
,
were
in
danger
from
the
Papists
,
upon
the
hope
they
had
of
a
Popish
Successor
,
in
case
of
the
Queens
Death
,
they
thereupon
entred
into
an
Association
,
for
the
preservation
of
her
Majesties
Life
,
and
the
revenging
her
Death
,
if
she
should
have
perished
by
violent
hands
;
which
instead
of
being
ridicul'd
and
declared
against
,
was
not
only
unanimously
subscribed
by
the
most
considerable
persons
in
the
Kingdom
,
but
both
approved
and
ratified
by
an
Act
of
the
Parliament
that
next
followed
.
But
whether
it
was
,
that
our
Forefathers
loved
the
Queen
,
and
were
more
zealous
for
their
Religion
,
than
we
love
his
present
Majesty
,
and
are
zealous
for
ours
;
or
whether
they
thought
there
was
more
danger
to
be
feared
from
Mary
,
Queen
of
Scots
,
who
was
then
the
apparent
Popish
Successor
,
than
we
think
there
is
from
a
Gentleman
of
the
same
Principles
with
her
,
that
hath
the
same
and
more
palpable
pretences
to
the
Crown
,
I
shall
not
take
upon
me
to
determine
.
However
,
it
is
not
unknown
,
that
Two
several
late
Parliaments
being
convinced
of
the
dangers
which
His
Majesties
Life
is
in
from
the
Papists
,
that
they
may
accelerate
the
ascent
of
one
of
their
own
Communion
to
the
Throne
,
did
after
mature
Debate
,
and
as
a
Testimony
of
the
greatest
Loyalty
they
could
pay
His
Majesty
,
come
to
this
Resolve
:
Resolved
,
That
in
defence
of
the
Kings
Person
and
Government
,
and
Protestant
Religion
,
the
House
doth
declare
,
That
they
will
stand
by
His
Majesty
with
their
Lives
and
Fortunes
;
and
that
if
His
Majesty
should
come
to
any
violent
Death
,
which
God
forbid
,
they
will
revenge
it
to
the
utmost
on
the
Papists
.
Yea
,
the
last
Westminster
Parliament
,
being
deeply
sensible
what
Plots
the
Papists
were
embark'd
in
for
the
Destruction
of
the
King
,
the
extirpation
of
the
reformed
Religion
in
these
Kingdoms
,
and
the
placing
the
Crown
upon
the
head
of
a
Popish
Prince
,
they
ordered
a
Bill
for
an
Association
to
be
brought
into
the
House
.
And
whereas
Secretary
Jenkins
deposeth
upon
Oath
,
That
tho
he
heard
of
such
a
thing
as
an
Association
spoken
of
about
the
Town
,
yet
he
was
not
present
at
the
debate
,
to
the
best
of
his
remembrance
;
I
shall
only
say
,
that
either
his
memory
is
very
slippery
,
or
there
are
a
great
many
Gentlemen
who
have
remembred
more
than
is
true
.
For
it
is
not
only
said
,
that
he
was
present
at
the
Debate
,
but
that
he
opposed
the
Bill
as
well
as
he
could
;
and
we
may
be
sure
no
man
could
do
it
better
,
seeing
as
he
said
upon
another
occasion
,
he
had
been
all
his
days
employ'd
not
only
in
the
study
of
the
Laws
of
his
Country
,
but
in
the
Laws
of
Nations
There
is
a
story
which
I
do
not
in
the
least
intend
to
apply
to
Sir
L.
for
it
may
be
applicable
to
others
for
misrepresenting
him
.
But
the
story
is
,
That
a
Priest
being
accused
after
the
Assassination
of
Henry
the
fourth
of
France
,
for
having
heard
in
Confession
from
Ravilliack
,
that
he
intended
to
murder
that
great
and
generous
Prince
,
replied
that
among
other
mercies
which
God
had
bestowed
upon
him
,
He
had
given
him
the
gift
of
forgetfulness
.
But
to
return
;
as
there
was
such
a
Bill
brought
into
the
House
of
Commons
,
so
it
is
not
only
very
likely
that
there
were
several
Copies
of
it
,
but
we
may
rationally
imagine
that
there
might
be
several
Draughts
of
Bills
prepared
,
before
one
could
be
pitched
upon
,
that
would
be
agreeable
to
the
fundamental
Laws
of
the
Land
,
effectual
for
the
preservation
of
his
Majesty
,
and
the
Protestant
Religion
,
&
becoming
the
Wisdom
of
that
House
.
And
as
Mr.
Attorney
General
hath
been
pleased
to
acknowledg
to
some
Gentlemen
,
That
among
other
papers
seized
in
the
Earl
of
Shaftsbury's
Closet
,
which
were
brought
to
him
,
there
were
two
or
three
Bills
of
Association
different
from
that
read
and
committed
in
the
House
of
Commons
;
all
which
we
may
suppose
to
have
contained
nothing
but
what
was
safe
,
seeing
there
have
been
no
endeavours
to
make
my
Lord
guilty
of
High
Treason
upon
them
;
so
who
knows
,
but
that
if
this
Paper
which
was
read
in
Court
,
was
found
in
his
Lordships
Closet
,
but
that
it
might
be
a
Draught
of
a
Bill
for
an
Association
,
which
this
Noble
Peer
as
much
abhorred
as
any
Country-Jury
could
.
Nor
is
this
so
wild
a
Phansie
,
as
some
men
out
of
weakness
of
understanding
,
or
prejudice
of
mind
,
may
believe
;
for
seeing
there
was
nothing
in
the
Indictment
against
this
Noble
Peer
,
that
either
related
unto
,
or
was
grounded
upon
this
Paper
,
we
may
very
rationally
conceive
,
that
the
omitting
it
was
built
upon
some
such
Reason
as
we
have
now
suggested
.
For
if
one
of
the
ends
of
the
Association
aim'd
at
,
be
,
as
my
Lord
Chief
Justice
North
was
pleased
to
inform
the
Jury
,
not
only
to
destroy
the
Mercinary
Forces
in
and
about
the
City
of
London
and
Westminster
,
but
to
settle
the
Authority
in
the
Major
part
of
the
Members
of
Parliament
during
the
sitting
of
it
,
exclusive
of
the
King
;
I
can
see
no
reason
,
unless
the
Managers
knew
that
they
could
make
nothing
of
that
Paper
before
wise
and
honest
men
,
as
truly
knowing
of
my
Lord
Shaftsbury's
unconcernment
in
it
,
why
the
Indictment
should
not
rather
have
been
superstructed
upon
it
,
than
upon
the
Testimony
of
any
of
the
Oral
Witnesses
.
But
besides
all
this
,
the
bare
having
a
Treasonable
Paper
in
a
mans
house
,
which
as
possibly
he
knew
not
whence
it
came
,
so
he
never
communicated
it
to
any
,
to
the
prejudice
of
his
Majesty
and
the
Government
,
is
not
so
criminal
a
matter
,
as
men
sway'd
meerly
by
Passion
and
Hatred
,
do
believe
it
to
be
.
And
were
the
having
seen
an
ill
Paper
,
or
its
being
found
in
a
mans
Closet
,
to
be
expiated
with
no
less
than
his
life
,
may
be
very
few
,
even
of
those
that
are
so
clamourous
against
the
Earl
of
Shaftsbury
,
would
prove
innocent
,
or
find
themselves
to
be
safe
.
But
what
if
after
all
the
obloquy
which
this
Noble
Lord
hath
undergone
,
in
reference
to
that
Paper
,
it
should
appear
that
he
never
saw
it
,
nor
hath
any
cause
to
think
it
was
there
,
where
it
was
pretended
to
be
found
?
And
I
shall
the
rather
enquire
into
this
,
and
endeavour
to
unfold
it
,
because
my
L.
C.
J.
North
declared
,
There
was
a
great
matter
to
be
presumed
upon
it
,
it
having
been
found
under
lock
and
key
in
my
Lords
Study
.
For
as
Mr.
Gwyn
who
seized
the
Paper
,
would
not
say
,
that
it
is
the
Earl
of
Shaftsbury's
to
that
Paper
in
particular
,
That
it
was
taken
in
the
Earl
of
Closet
;
only
swears
in
general
,
that
the
Papers
which
were
put
up
in
a
velvet
Bag
,
were
seized
there
.
And
it
is
remarkable
,
that
whereas
Mr.
Gwyn
deposeth
,
That
as
soon
as
he
came
my
Lord
gave
him
the
keys
of
his
Closets
,
and
told
him
where
they
were
;
this
could
no
ways
be
,
seeing
the
key
of
one
of
them
,
namely
,
that
below
stairs
,
was
always
kept
by
some
or
other
of
his
Lordships
Servants
;
so
that
Mr.
Gwyn
could
at
most
but
receive
it
by
my
Lords
order
.
And
as
one
or
other
of
the
Earl
of
Shaftsbury's
Servants
had
constantly
the
keeping
of
the
key
of
the
lower
Closet
,
so
there
were
always
many
Papers
of
their
own
in
it
,
it
being
the
Room
where
they
manage
most
of
their
Business
.
But
that
which
is
most
surprizing
of
all
,
is
,
That
Mr.
Gwyn
swears
,
There
were
none
present
when
he
put
up
the
Papers
besides
himself
,
but
my
Lords
own
Servants
;
whereas
it
can
be
proved
by
unquestionable
Witnesses
,
that
there
were
no
fewer
than
five
or
six
,
such
as
he
brought
along
with
him
in
the
Closet
when
he
was
there
,
and
as
busie
in
putting
up
Papers
as
himself
.
And
that
which
still
encreaseth
our
Suspition
,
that
things
are
not
so
fair
in
this
matter
,
as
they
are
represented
,
is
,
That
my
Lord
having
offered
to
put
his
Seal
on
the
Trunk
,
provided
he
might
first
schedule
and
inventory
the
Papers
;
Mr.
Gwyn
positively
refused
to
allow
him
that
Favour
,
I
will
not
say
Right
and
Justice
.
And
this
is
a
Consideration
of
that
Importance
,
that
if
duly
ponder'd
,
my
Lord
will
not
be
found
,
according
to
Law
and
Equity
,
accountable
for
any
Paper
that
was
pretended
to
be
taken
there
.
For
no
man
ought
to
be
called
to
answer
for
Writings
said
to
be
seized
in
his
house
,
to
whom
the
scheduling
of
them
was
refused
.
When
Monsieur
Fouket
was
committed
by
the
French
King
,
and
all
endeavours
used
to
put
him
to
death
for
Crimes
against
his
Master
,
which
they
alledged
his
own
Papers
were
sufficient
to
convict
him
of
,
yet
because
they
had
been
taken
from
him
without
allowing
him
to
endorse
and
inventory
them
,
the
evidence
against
him
from
his
Writings
was
rejected
and
judged
weak
and
invalid
upon
that
alone
account
.
And
yet
all
the
World
knows
that
as
the
French
Monarch
is
more
absolute
,
and
less
merciful
than
our
King
,
so
their
Laws
are
not
more
tender
of
the
lives
of
the
Subjects
,
than
ours
are
.
But
that
some
men
can
allow
themselves
a
great
latitude
in
swearing
when
it
is
subservient
to
a
Design
,
appears
in
that
Mr.
Blathwait
not
only
swears
that
that
Paper
was
put
into
his
hand
by
Mr.
Gwyn
Clerk
of
the
Council
,
but
that
Mr.
Gwyn
had
seised
it
among
others
in
my
Lord
That
the
Trunk
wherein
the
Papers
were
,
which
was
committed
to
his
keeping
by
Mr.
Gwyn
,
was
sealed
,
and
that
it
was
opened
in
the
presence
of
Mr.
Wilson
and
Mr.
Starkey
:
This
seems
to
be
said
only
by
way
of
Artifice
,
to
obtain
belief
,
that
the
Paper
stiled
an
Association
,
was
truly
found
among
my
Lord
Shaftsbury's
writings
,
seeing
if
the
Trunk
was
sealed
,
neither
my
Lord
or
any
of
his
Servants
knew
of
the
sealing
of
it
;
and
they
who
had
the
Trunk
,
had
also
the
Seal
wherewith
it
is
said
to
have
been
sealed
,
in
their
own
custody
,
and
might
accordingly
open
it
,
and
either
put
in
or
take
out
what
they
pleased
.
Upon
the
whole
,
Did
this
Paper
contain
in
it
the
most
Treasonable
things
imaginable
,
yet
it
doth
not
appear
that
the
Earl
of
Shaftsbury
is
accountable
for
it
;
or
that
it
is
fair
,
just
,
or
candid
,
to
bring
it
in
Evidence
against
him
upon
a
charge
of
High-Treason
,
with
a
design
and
expectation
to
take
away
his
Life
by
vertue
of
it
.
There
is
one
thing
more
relating
to
the
proceedings
against
the
Earl
of
Shaftsbury
,
which
requires
some
Reflections
upon
it
;
and
that
is
concerning
the
manage
and
conduct
of
that
business
in
the
Old-Baily
.
I
will
not
usurp
that
French
Term
which
hath
been
lately
naturalized
in
one
of
our
High
Courts
of
Justice
,
and
say
that
there
was
Chicanery
in
it
;
but
things
do
not
appear
to
have
been
carried
with
that
equality
and
impartialness
betwixt
the
King
and
so
great
and
deserving
a
Subject
,
as
the
Law
and
common
Usage
do
direct
unto
,
and
prescribe
.
No
kind
of
procedure
is
further
for
the
King's
Honour
and
Interest
,
than
as
it
is
according
to
Law
,
which
is
the
standard
of
the
King's
Prerogative
,
Glory
and
Safety
,
as
well
as
the
Rule
by
which
we
are
to
be
protected
in
our
Reputations
and
Lives
if
innocent
,
as
well
as
cast
and
convicted
,
if
upon
Trial
we
be
found
to
have
Capitally
offended
.
Whatsoever
wrong
is
done
against
any
of
His
Majesty's
Subjects
,
in
the
sense
of
the
Law
done
against
the
King
and
the
Honour
of
His
Government
;
seeing
he
is
the
Spring
and
Fountain
of
Justice
to
all
his
People
.
And
it
is
a
great
Aspersion
upon
the
Justice
as
well
as
Goodness
of
his
Majesty
,
to
have
things
so
transacted
,
as
if
the
King
were
more
concerned
to
have
a
person
that
is
barely
accused
found
guilty
,
than
he
is
to
have
him
appear
and
be
pronounced
Innocent
.
The
vindication
and
defence
of
the
Guiltless
,
is
more
the
Princes
Glory
and
Interest
,
than
the
Conviction
and
Condemnation
of
the
Criminal
.
And
when
any
person
comes
to
be
accused
,
all
that
is
for
the
Honour
of
the
King
,
is
to
have
the
Truth
discovered
,
and
Justice
impartially
take
place
.
And
whosoever
are
produced
by
the
Prosecutors
to
prove
an
Accusation
or
Charge
,
they
are
no
further
for
the
King
,
tho'
they
be
called
the
King's
Evidence
,
than
as
they
declare
the
truth
,
and
nothing
but
the
truth
.
And
if
such
Fellows
be
found
,
or
justly
suspected
to
swear
falsely
against
the
Lives
of
His
Majesties
Subjects
,
they
are
in
reality
Witnesses
against
the
King
,
by
endeavouring
to
destroy
his
Loyal
People
,
pervert
his
Justice
,
and
bring
his
Person
and
Throne
under
the
Guilt
of
shedding
the
Blood
of
Innocents
.
Now
whereas
there
are
several
Statutes
,
upon
which
a
person
is
liable
to
be
Indicted
for
Treason
;
namely
,
that
of
the
25.
Edw.
3.
and
that
of
the
13.
of
this
King
,
it
is
no
less
necessary
than
just
,
that
the
party
accused
should
know
upon
which
of
those
two
Statutes
he
is
Presented
and
Charged
.
For
seeing
the
one
limiteth
both
the
time
of
Prosecution
and
the
time
of
Indictment
,
while
the
other
leaves
the
time
unfixed
and
indefinite
,
it
is
requisite
,
that
the
Jury
,
who
are
to
enquire
upon
the
Bill
that
stands
preferred
before
them
,
should
distinctly
understand
upon
which
of
those
Law
the
party
is
Indicted
;
for
otherwise
they
cannot
tell
,
whether
the
Offences
whereof
he
is
accused
,
fall
within
the
time
which
the
latter
of
those
Laws
does
prescribe
and
determine
.
For
tho'
as
my
Lord
Chief
Justice
truly
said
,
That
what
is
Treason
by
the
Statute
Old
Baily
,
p.
33.
of
25.
Edw.
3.
is
likewise
Treason
within
the
Statute
of
the
13.
of
this
King
,
yet
this
last
Statute
provides
,
That
no
person
or
persons
,
shall
by
Vertue
of
that
Act
,
incur
any
of
the
penalties
therein
mentioned
,
unless
he
or
they
be
prosecuted
within
Six
months
next
after
the
Offence
committed
,
and
indicted
thereupon
within
Three
months
after
such
prosecution
.
Whereas
the
former
Statute
of
the
25.
Edw.
3
leaves
both
the
Prosecution
and
Indictment
at
the
pleasure
of
the
Prosecutor
,
whether
he
will
do
it
sooner
or
later
.
And
the
declaring
,
upon
which
of
these
Statutes
the
Earl
of
Shaftsbury
was
Indicted
,
was
the
more
needful
and
material
in
this
case
,
because
the
time
presixed
by
the
latter
Statute
was
elapsed
divers
weeks
,
before
any
Bill
of
Indictment
was
preferred
against
him
.
Nor
could
a
Jury
upon
the
best
Evidence
of
the
world
,
find
a
Bill
against
him
,
supposing
it
grounded
upon
that
Statute
,
seeing
the
Indictment
was
not
preferred
within
Three
months
after
my
Lord's
Commitment
,
which
in
the
Language
and
Sense
of
our
Law
,
is
a
Prosecution
.
Yea
,
the
making
it
distinctly
known
,
upon
which
of
these
two
Acts
this
Noble
Peer
was
Indicted
,
was
yet
of
more
concernment
to
him
,
as
to
his
safety
,
and
more
needful
to
the
Jury
,
for
the
Guidance
and
Conduct
of
themselves
in
what
they
were
about
,
seeing
words
may
be
brought
in
,
as
Evidence
of
Treason
upon
the
one
Statute
,
but
signifie
nothing
,
without
some
further
Overt-Act
,
upon
the
other
.
For
as
my
Lord
Chief
Justice
very
well
said
,
The
latter
Law
had
greatly
altered
the
former
,
especially
in
two
cases
:
First
,
as
Old
Baily
,
p.
34.
to
the
levying
of
War
,
and
the
compassing
of
the
King's
Death
,
these
were
not
Treasons
before
,
unless
War
had
been
actually
levied
,
and
the
designing
the
King's
Death
had
been
declared
by
an
Overt-Act
.
Secondly
,
That
the
imprisoning
,
or
restraining
the
Liberty
of
the
King
,
were
not
of
themselves
alone
high
Treason
by
the
old
Statute
,
but
were
now
made
Treason
by
this
last
Law
,
during
His
Majestie
;
Life
.
And
as
his
Lordship
added
,
That
formerly
it
had
been
said
,
and
truly
enongh
,
That
words
alone
would
not
make
Treason
;
but
by
this
late
Act
,
words
,
if
they
import
any
malicious
design
against
the
King's
Life
and
Government
,
or
any
Traiterous
intention
in
the
party
,
such
words
are
Treason
within
this
Act.
Therefore
the
Evidence
brought
against
the
Earl
of
Shaftsbury
,
being
principally
concerning
words
which
he
was
said
to
have
spoken
,
the
tenderness
which
the
Administrators
of
publick
Justice
ought
to
maintain
for
the
Lives
of
all
men
,
and
the
Integrity
which
they
should
preserve
in
the
Execution
of
the
Laws
,
should
have
obliged
them
to
have
been
particular
and
distinct
in
publishing
upon
which
of
the
two
Laws
this
Noble
Peer
was
indicted
.
For
if
he
was
indicted
upon
the
first
,
then
bare
words
without
an
over-act
,
were
not
to
be
allowed
in
proof
of
the
Treasons
whereof
he
was
accused
;
and
if
he
was
indicted
upon
the
second
,
then
the
Jury
was
to
take
no
Cognizance
of
words
spoken
,
without
the
Circle
and
Compass
of
the
time
appointed
by
the
Law
,
for
proceeding
against
him
.
Nor
doth
the
examining
the
Witnesses
in
Court
,
leave
any
great
Reputation
upon
the
Managment
of
this
Affair
.
For
seeing
our
Ancestors
made
it
no
less
than
Treason
or
Felony
for
a
Grand
Jury
to
discover
who
was
indicted
before
them
,
or
what
evidence
was
given
them
,
it
is
a
most
irrefragrable
Argument
,
that
Witnesses
used
not
anciently
to
be
examined
in
open
Court
.
And
it
seems
something
strange
,
that
another
way
of
procedure
should
be
chosen
against
a
Protestant
accused
of
Treason
,
than
hath
at
any
times
been
used
against
Papists
,
indicted
of
the
like
Crime
.
And
forasmuch
as
Bills
are
to
be
returned
only
by
the
Grand
Jury
,
as
found
or
not
found
,
so
it
would
seem
very
rational
,
that
they
only
are
to
be
acquainted
with
the
Depositions
upon
which
the
Opinion
or
Verdict
are
given
.
The
Jurors
Oath
,
namely
,
That
the
Kings
Council
,
his
fellows
,
and
his
own
,
he
shall
keep
secret
,
tells
us
what
was
the
ancient
usage
in
this
particular
.
And
whereas
it
was
said
,
That
a
Grand
Jury
is
bound
to
conceal
the
Kings
secrets
,
so
long
as
he
will
have
them
kept
secret
,
but
that
it
doth
not
deprive
the
King
of
the
benefit
of
having
them
publick
.
This
seems
not
to
have
been
spoken
by
one
that
had
well
considered
what
he
so
openly
delivered
.
For
the
King
cannot
alter
or
change
the
usual
or
common
Proceedings
of
our
judicial
Courts
.
Law
and
Custom
hath
both
setled
the
power
of
Juries
,
and
the
methods
wherein
they
are
to
proceed
in
their
Enquiries
in
order
to
a
Verdict
;
and
the
King
can
neither
enlarge
or
lessen
the
first
,
nor
yet
appoint
them
to
vary
in
the
second
.
But
seeing
my
Lord
Chief
Justice
North
hath
been
pleased
to
tell
us
,
That
the
Judges
having
agreed
,
that
the
Witnesses
should
be
examined
publickly
,
we
are
therefore
to
acquiesce
,
we
shall
readily
obey
him
,
being
perswaded
that
they
did
in
this
and
all
other
things
,
as
men
that
had
a
regard
to
their
Oath
,
and
not
as
men
bound
to
their
good
behaviour
,
by
holding
their
places
durante
beneplacito
.
However
we
may
make
this
use
of
it
,
namely
,
that
the
Witnesses
being
taken
by
a
Jury
of
wise
and
substantial
men
,
to
have
foresworn
themselves
in
the
face
of
the
Kingdom
,
we
may
not
only
henceforth
look
upon
them
as
a
company
of
infamous
Rascals
,
but
we
may
very
well
expect
,
that
the
Attorney
General
should
prosecute
them
in
his
Majesties
Name
,
for
combining
to
destroy
innocent
persons
.
But
that
which
doth
most
surprize
all
men
,
in
reference
to
the
management
of
this
Affair
at
the
Old
Baily
,
was
the
Kings
Council
appearing
in
Court
to
lead
the
Witnesses
,
and
not
only
open
,
but
enforce
the
evidence
.
For
a
Person
barely
indicted
,
stands
in
the
sense
of
the
Law
probably
innocent
,
till
the
Bill
be
found
;
and
therefore
no
man
till
then
ought
to
countenance
one
side
more
than
another
.
And
for
the
Kings
Council
to
interest
themselves
so
far
upon
a
bare
Accusation
,
as
to
make
the
King
a
Party
for
,
or
against
the
Person
who
stands
charged
,
would
seem
to
intimate
,
that
there
was
something
else
at
the
bottom
of
this
affair
,
than
meerly
to
have
truth
or
falsehood
appear
.
How
easie
is
it
by
a
leading
question
,
both
to
prompt
and
direct
a
Varlet
what
to
say
?
And
what
encouragement
do
Mercinary
Wretches
take
to
accuse
innocent
persons
,
with
boldness
and
impudence
,
when
they
find
themselves
countenanced
in
what
they
swear
?
How
pleasantly
did
it
look
,
that
when
John
Macknamarra
had
so
far
shut
up
his
Evidence
against
the
Earl
of
Shaftsbury
,
as
to
affirm
,
he
could
remember
nothing
more
,
to
have
Sir
Francis
Withins
afterwards
ask
him
,
Did
you
not
hear
any
thing
about
deposing
the
King
?
and
Old
Baily
,
p.
28.
Macknamarra
thereupon
to
add
,
Yes
,
he
said
,
the
King
deserved
to
be
deposed
,
as
much
as
ever
Richard
the
Second
did
.
Such
things
are
not
for
the
Honour
of
the
Government
,
and
may
subject
them
that
did
them
,
to
the
Justice
of
the
Law
,
which
it
is
to
be
feared
,
they
would
have
perverted
in
the
Case
of
my
Lord
of
Shaftsbury
.
I
thought
to
have
subjoined
an
account
of
the
Additions
,
Substractions
and
Alterations
in
the
Printed
Account
of
the
Proceedings
upon
the
Bill
against
the
Earl
of
Shaftsbury
,
as
they
have
been
compared
with
the
Manuscripts
which
were
taken
by
some
of
the
best
Short-hand
Writers
about
the
Town
:
But
this
Discourse
being
arisen
already
to
a
greater
length
than
was
intended
,
I
shall
wholly
decline
the
encreasing
it
by
things
that
are
not
essential
to
the
vindication
of
our
Innocency
,
and
which
possibly
would
only
reflect
upon
the
Amanuenses
whom
the
Prosecutors
employed
.
And
therefore
instead
of
that
,
I
shall
chuse
to
give
the
world
some
further
light
concerning
the
affair
of
the
Earl
of
Argyle
,
his
Case
being
a
pattern
of
what
our
own
may
come
to
be
,
if
the
Counsels
of
a
certain
Gentleman
in
the
North
do
prevail
.
No
Person
of
Quality
in
the
Kingdom
of
Scotland
had
served
His
Majesty
with
greater
Loyalty
and
Zeal
when
the
King's
Affairs
were
lowest
,
than
this
Gentleman
did
.
And
accordingly
his
Majesty
,
who
when
left
to
act
suitably
to
his
temper
and
inclinations
,
never
forgets
the
good
Offices
of
his
Friends
,
was
pleased
to
testifie
what
sense
he
had
of
my
Lord
Lorn's
Services
by
a
Letter
directed
from
Collen
,
December
30.
1654.
in
which
having
told
this
Lord
,
How
he
had
heard
from
Middleton
,
what
Affection
and
Zeal
he
had
shewn
to
his
Service
,
and
how
constantly
he
adhered
to
him
in
all
his
Distresses
;
His
Majesty
was
pleased
graciously
to
add
,
that
he
should
find
him
very
just
and
kind
in
rewarding
what
he
had
done
and
suffered
for
him
.
But
what
this
Earl
acted
and
underwent
for
the
King
,
when
his
Lordship's
Father
and
almost
all
the
Scotch
Nation
had
either
fallen
in
with
or
submitted
to
the
Usurpers
,
will
better
appear
by
a
Paper
under
Middleton's
hand
,
which
I
shall
here
annex
.