Lord Russell. "I never was at your house "but once, and there was no such design, as I "heard of. I desire that Mr. Sheppard may re"collect himself."

Sheppard. Indeed, my lord, I can't be posi❝tive in the times. My lord, I am sure, was "at one meeting."

Lord Chief Justice. "But was he at both ?" Sheppard. "I think so, but it was eight or "nine months ago, and I cannot be positive."

Lord Russell." I can prove I was then in the "country. Colonel Rumsey said there was but 66 one meeting."

Colonel Rumsey. "I do not remember I was "at two: if I was not, I heard Mr. Ferguson "relate the debates of the other meeting to my "Lord Shaftesbury."

Lord Russell. "Is it usual for the witnesses to "hear one another?"

Lord Chief Justice. "I think your lordship "need not concern yourself about it; for I see "the witnesses are brought in one after ano"ther."

Lord Howard was then sworn: He said, that at the time of the long dispute in the city about the election of sheriffs, he was acquainted with Captain Walcot, and introduced him to Lord Shaftesbury, whose confidence he soon gained; that being acquainted with many persons in the

city, he entered into their counsels; that he afterwards came to him (Lord Howard), and told him, they were sensible all they had was going-

One of the Jury.

"lord."

"We cannot hear you, my

Lord Howard. "There is an unhappy acci"dent happened, which hath sunk my voice: "I was but just now acquainted with the fate of 66 my Lord of Essex." Having thus shown his sensibility at the death of one of his victims, Lord Howard proceeded to take away the life of another.

Captain Walcot, he continued, had told him they were sensible all their interest was going; and they were resolved to stop it, if possible: that divers preparations were making, and that, for himself, he was determined to embark in it, and, for that purpose, would send his son to dispose of his stock on his establishment in Ireland, to furnish money for the undertaking : that, soon after this, he (the witness) went to his estate in Essex; but that Captain Walcot and he carried on a correspondence in cant terms: that Captain Walcot acquainted him all was going on well, and requested him to be in town. about the middle of September: that, being anxious to see the result of that great affair, the determination of the shrievalty, he came to

town on Michaelmas day. On the day following, Captain Walcot dined with him, and told him, Lord Shaftesbury had withdrawn from his own house, and secreted himself; that Lord S. desired much to see him, and had sent Captain Walcot to bring him to his place of concealment: that he accordingly went, with Captain Walcot, to one Watson's house, in Wood-street, where he saw Lord Shaftesbury, who told him, he considered himself, and all honest men, unsafe, while the administration was in the hands of those who would accommodate all things to the Court: that affairs were not ripe; and he did not doubt, with the assistance of those men he had in London, to be able to turn the tide that was ready to overflow. He complained of the unhandsome deportment of the Duke of Monmouth and Lord Russell, who had withdrawn from their engagements; for when he had got every thing ready in London, they said they were not so in the country; which he looked on only as an excuse, and expressed his determination to begin the work alone; he had 10,000 brisk boys, who, he said, would follow him whenever he held up his finger. The plan was to seize the gates, and, when their numbers had sufficiently increased, to sally out and possess themselves of Whitehall, by beating the guards. He was certain of the success of this plan; but

lamented that these lords had failed him: that he, Lord Howard, answered to this, that Lord S. was aware of his disposition, and the bent of his spirit; but he desired to converse with these lords, before he gave his assent to the plan. This, with much ado, Lord Shaftesbury at length consented to; and, the next day, he visited the Duke of Monmouth, and told him the complaint Lord Shaftesbury made against him, concealing the truth that he had been with him, but pretending to have heard it from a third person. The Duke answered, he thought Lord Shaftesbury was mad; he and Lord Russell had not given him any encouragement, and had told him it was impossible to do any thing in the country. at that time. He then asked the Duke, if he was willing to meet Lord Shaftesbury; to which the Duke replied, he was, " with all his heart." This conversation was, on the Wednesday following, related by him to Lord Shaftesbury, who denied the truth of the Duke's assertion, and said, he suspected some artificial bargain between him and his father, to save one another. He said, that several honest men, in the city, had asked him how the Duke of Monmouth lived; which question he could not answer, as he knew he was dependent upon the King. He thought the Duke had no other design but personal interest; whilst his, and his people's wish,

was for a Commonwealth. He saw no good could result from an interview; it would but widen the breach; and he was afraid to trust him. He then said, his friends had gone too far to recede; that, in addition to the 10,000 men, they would have 1000 or 1500 horse, that were to be drawn insensibly into town; he enlarged greatly on the means they possessed, and other heads. To this Lord Howard answered, nothing would satisfy him but a meeting between Lord S. and the Lords; which, however, Shaftesbury would not consent to, but told him he might inform them of the state of forwardness he was in; and if they did themselves right, they would put themselves in a correspondent action, where their interest most lay. Lord Howard then went to the Duke of Monmouth, who was alone, and expressed to him his fears that the rashness of Shaftesbury would be the ruin of them all; and again requested the Duke to meet Lord S.; to which the Duke replied, he desired nothing so much as to see him. He then returned to Lord Shaftesbury; and, by threatening to break off all correspondence with him, at last got his consent to an interview, which was to take place on the Sunday following, at his own house. In the morning, however, a note was left there by Colonel Rumsey, stating, the