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A55933 The proceedings against the Right Honourable the Earl of Shaftsbury, at the Old Baily, on Thursday the twenty fourth of November, 1681 as they were taken by an impartial hand, and faithfully transmitted to every unbiassed reader : with sufficient reasons to justifie the Grand Jury in bringing in the Bill Ignoramus. Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.; Philonomus. 1681 (1681) Wing P3553A; ESTC R24477 15,222 20

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Next stood up Brian Hains who agreed with Smith that my L. Shaftsbury had oft vilified the King in his hearing and told him that if he would swear the Murder of Sir Edmunbury Godfrey upon the E. of Danby they would make their applications to the King for a Pardon for him To which Hains replied That he was sure the King would never grant it because he had prorogued and dissolved so many Parliaments for the E. of Danby Do not fear it says the E. of Shaftsbury for if he doth not grant it the whole Kingdom will rise in Arms against him and this is the best time for it in the world and if he do not do it he cannot expect to be long King of England And that he asking him whether he should go beyond Sea No replied the Earl he dare as well be hang'd as meddle with you Afterwards being in close conference with the Earl one day and having given him so exact an Account of all the Transactions from the commencement of King Charles the First 's Reign to this very day he was mightily satisfied with it Pray my Lord said he what do you intend to do Why replies the Earl there are Families enough in England that have as much right to the Crown as the King particularly the D. of Bucks who hath a right to the Barony of Ross and in that right to the Crown of England Then appeared John Macnamarra who testified to the Jury that my L. Shaftsbury should say That the King was Popishly affected and adhered to Popery and took the same methods his Father did that had brought his Father's Head to the Block and would do his too and that this he had told divers persons of Quality five years ago He said that the King was a faithless man and there was no credit to be given to him and that the D. of Mazarine was his Cabinet-council who was the worst of women and that the King did deserve to be deposed as much as Rich. the 2. Dennis Macnamarra's Evidence was much the same Edw. Ivy swore that the Earl told him That the King was an unjust man and not fit to reign that he was a Papist in his Heart and did intend to introduce Popery and that they did intend to depose him for his injustice to his People and that he brought Hains into his Lordship's acquaintance who was by his instigation to swear the Murder of Sir Edmunbury Godfrey against the E. of Danby the Duke and the Queen and then he promised to take care of him Lastly appeared Bernard Dennis who after a long Harangue to little purpose spoke to this effect That discoursing with the E. of Shaftsbury he asked him how many stout able men there were of his name in his County He told him about three or four hundred Saith the Earl I would willingly have you advance them of your own name and Friends by being in a readiness when occasion shall happen and to stand by us for we intend to have England a Commonwealth and to live in England as they do in Holland and to have no Supream Head no particular man for King nor owe obedience to a Crown And that he said they would extirpate the King and all his Family and that he wondred that other Nations would be such Fools as they were for it is certain that Q. Elizabeth K. James K. Charles the First and the now King wronged them and that if they had been under a Commonwealth they would have taken more care of them than the King doth and the people of England are fools that they do not usurp against the Crown of England Then the L. C. J. acquainted the Jury that the Kings Council would examine no more Witnesses therefore if they desired to ask any of the Witnesses any thing they should have them all called for one by one Then Sir Samuel Bernardiston desired that they might have leave to go out and consider of what Questions to ask And the Jury desired to know what Statute or Statutes the Bill was founded upon My L. C. J. answered them That that which is Treason within the Statute of the 25 of Edw. the 3d is Treason within the Statute of the 13 of this King so that this is more copious in that it hath enlarged that in many particulars and therefore when one Statute contains the matter of a former and enlarges it the Indictment is always upon the last But my L. C. J. North distinguished where the Indictment is laid Contra formam Statuti contra formam Statut. for in the first Case it extends but to one single Statute and in the last to all that concern the same matter Sir Samuel Bernardiston desired they might see the Affidavits of Subornation that were made against several of the Witnesses To which the Court replied That the credibility of the Witnesses is not a matter proper before them but only upon a Tryal for there the King will be armed to defend the credit of his Witnesses if any thing be objected against them That they are only to see whether the Statute be satisfied in having matter that is Treasonable before them and testified by two Witnesses Mr. Papilion told the Court they desired only that which was proved and if there be such Informations in Court they being things proved they desire to see them and the Court telling them that they could not grant it they being things not within the compass of their Inquiry it was asked by Mr. Papilion whether they were not to exercise their own reason and Consciences To which the Court replyed that any thing that was of their own knowledge they ought to take into consideration My L. Chief Just North told them that a Grand Jury is to hear no Evidence against the King it is not the course That is to be upon the Tryal before the Petty Jury therefore for you to enter into a nice Examination of the Credit of the witnesses is not to be suffered Then the Court adjourn'd till three in the Afternoon The Court being again sate and the Grand Jury come in they proceeded to interrogate the Witnesses one by one Mr. Gwyn was first Examined who put up the Earl of Shaftsburies Papers He answered he did it himself Being asked whose hand writing it was He answered he knew not Being asked whether there was a talk of a Bill of Association or that he had heard of it He answered Yes Secr. Jenkins being ask'd the same question said he was not present at the debate he was not certain he did not remember the particulars Being asked whether he was present when the Association in Q. Elizabeths time was read in the House of Commons answered no. When he was asked when my Lord was committed he answered he referred himself to the Warant but being asked the same question by my L. Chief Just Pemberton He answered that he referred himself to the Serjeant at Arms but he thought it was in July
of S's acquaintance by one Capt. Hen. Wilkinson occasioned by the said Captain's having received a Commission from the E. of S. and others to be Deputy Governour of Carolina with whom the said John Booth was to go and had several Discourses with the E. of S. thereupon but afterwards growing into further acquaintance with his Ldship talking with him of Dissolving of Parlm Arbitrary Power the fear of Popery when Memb. were chosen to serve in Parlm he would often say that he had considered the Parlm that was to meet at Oxford the persons elected their Inclinations and dispositions that they would insist on the same things that the Parliaments had done who went before them particulary the Bill of Exclusion and abolishing the 35th of Eliz. and his Majesty giving his Assent to a Bill whereby the Protestant Dissenters might be freed from the Ecclesiastical Punishments they are liable to That he said further That if these were past he believed then that they would be very willing to grant the King such Accommodations of Money as his necessary occasions should require But without this he believed there would be a Breach betwixt the King and the Parliament And he feared the contrivance of the Parliaments sitting at Oxford was to over-awe them and therefore said That he and divers Lords and Members of the House of Commons had considered their own safety He for his own particular had prepar'd 50 men which he committed to the command of Capt. Wilkinson and if there should have chanc'd to have been a Breach betwixt the King and Parliament that if there were any violence offered all the rest had provided as well as he and that they would repel the force and purge the Guards of all Papists that were Enemies to the Protestant Religion and the estahlish'd Laws of the Land And likewise that they did intend by these Forces to take from the King those Evil Counsellors as he call'd them the Marquiss of Worcester the E. of Clarendon the E. of Hallifax the E. of Feversham and the L. Hide who were particularly named to give the King evil Advice And then that they did intend to bring the King hither that so all things might be setled for the security of the Protestant Religion and providing against Popery and Arbitrary Power That Capt. Wilkinson did desire him to be one of them and did request that he would provide for himself Horse and Arms and that Capt. Wilkinson would provide a Horse for his Man and that he did provide all and that things happen'd at Oxford as my L. Shaftsbury had predicted But it was neither believ'd nor imagin'd that they would have been so soon dissolved as they were On Thursday Capt. Wilkinson's expected Summons to go down to Oxford with those men that were ordered him by the E. of Shaft came and on the Tuesday following News came of the Dissolution of the Parliament All this he saith he first discovered to one Walter Bains and then writ down his Information with his own hand and sent it to the Secretary Sir L. Jenkins The next Witness produced was Edw. Turbervile who saith That about the beginning of February last he went to desire my L. Shaftsbury to assist him in the getting in some Money that was then behind and unpaid by the King and that he did then say there was little hopes of any good from the King so long as he hath any Guards about him For were it not for his Guards they would quickly go to Whitehal and soon compel him to do what they would have him Next came John Smith the substance of whose Testimony was That he had oftentimes heard my L. Shaftsbury speak very reflecting on the King That he was a weak man unconstant unsetled a man of no firm resolution a man that was wholly led by the Nose as his Father was before him by a Popish Queen to his ruine That the E. of Shaftsbury hearing that the King should say that he the E. of Shaftsbury was the great Contriver and Promoter of the Rebellion in Scotland the E. of Shaftsbury made this Answer That the King did not see his own danger and bid them tell the King That if he had a mind to raise a Rebellion he could raise another kind of Rebellion than that in Scotland He further saith That my L. Shaftsbury sent for him by one Manly and when he came he told him That he sent to him upon the account of the Irish Witnesses because Mr. Hetherington had been with him and told him he was afraid they would go over to the Court and retract what they had said formerly and told him That that he would have him do was to disswade them from going over for that Rogue Fitz-Gerald was pampered up by the Court-Party to stifle the Plot And that there could be no other design at Court appeared by the many Proroguations and Dissolutions of Parliaments That the Popish Plot in England was gone that there will be an Act of Oblivion and then comes in Popery for we are all satisfied that the King is as much concern'd in bringing in Popery as the Duke is That pursuant to the E. of Shaftsbury's instructions he met Hetherington and the Irish Witnesses and laid before them the horrid Crimes that Fitz-Gerald was guilty of in denying the Plot and told them what a Crime it was for them to come into his company Upon which they promised that they would never come neer him more That he went with Hetherington and Dennis before Sir Patience Ward the then Lord Mayor and that Dennis swore that Fitz-Gerald had been tampering with divers of the Irish Evidence That he carried the Information to my L. Shaftsbury who was mightily pleased with it and uttered himself in these words Do not you see the villany of the Popish Party and that Faction and that the King runs the same way his Father did and that he is led by a Popish Queen as his Father was and doth not see his danger nor will not till he comes to the same End his Father did And that before the Parliament went to Oxford falling into some other Discourse with the said Earl he said That there was great preparation made to terrifie the Parliament and to make them comply with the King but that will not do though 't is plain that by removing the Parliament thither they intend to bring in Popery but we have this advantage that if he offer any violence as 't is suspected he will we have the Nation on our side and we may very lawfully depose him and all the Gentlemen of the House of Commons will be well horsed and armed and especially the City-Members who will have so many men sent on purpose to wait upon them And he declared that he would die rather than not accomplish the Design Whereupon Smith told him that would ruine Monarchy and his Lordship replied No doubt on 't but yet he would stand and fall by it