The witnesses produced against the noble prisoner were Rumsey, Shephard, and Lord Howard.

Rumsey swore, that he himself had been introduced to the cabal at Shephard's, where Russel was present; and had delivered them a message from Shaftesbury, urging them to hasten the intended insurrection; but had received for answer, that it was found necessary to delay the design, and that Shaftesbury must therefore, for some time, rest contented.

This answer, he said, was delivered by Ferguson; but was assented to by the prisoner.

He added, that some discourse had been entered into about taking a survey of the guards; and he thought that Monmouth, Grey, and Armstrong undertook to view them.

Shephard deposed, that his house had beforehand been bespoken by Ferguson for the secret meeting of the conspirators, and that he had been careful to keep all his servants from approaching them, and had served them himself.