Gentry a learned Clergy and an understanding worthy People but yet we cannot think of England as we ought without reflecting on the condition thereof They are under the same Prince and the influence of the same Favâ—…urites and Councils When they are hardly dealt with can we that are Richer expect better usage For 't is certain that in all absolute Governments the poorest Countries are always most favourably dealt with When the ancient Nobility there cannot enjoy their Royalties their Shrievaldoms and their Stewardies which they and their Ancestors have possessed for several hundreds of years but that now they are enjoin'd by the Lords of the Council to make deputations of their Authorities to such as are their known Enemies can we expect to enjoy our Magna Charta long under the same persons and Administration of Affairs If the Council-Table there can imprison any Nobleman or Gentleman for several years without bringing him to Trial or giving the beast Reason for what they do can we expect the same Men will preserve the Liberty of the Subject here My Lords I will confess that I am not very well vers'd in the particular Laws of Scotland but this I do know that all the Northern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath out-done all the Eastern and Southern Countries in having their Lives Liberties and Estates subjected to the Arbitrary Will and Pleasure of those that govern They have lately plundered and harased the richest and wealthiest Countries of that Kingdom and brought down the barbarous Highlanders to devour them and all this almost without a colourable pretence to do it Nor can there be found a Reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any rate which as they managed was only prevented by the miraculous hand of God or otherwise all the Papists in England would have been armed and the fairest opportunity given in the just time for the execution of that wicked and bloody design the Papists had and it is not possible for any man that duly considers it to think other but that those Ministers that acted that were as guilty of the Plot as any of the Lords that are now in question for it My Lords I am forced to speak this the plainer because till the pressure be fully and clearly taken off from Scotland 't is not possible for me or any thinking man to believe that good is meant us here We must still be upon our guard apprehending that the Principle is not changed at Court that those men that are still in place and Authority have that influence upon the mind of our excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect cure to it until that be done the Scottish Weed is like death in the pot Mors in Olla But there is somthing too now I consider that most immediately concerns us their Act of Twenty two thousand men to be ready to invade us upon all occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a standing Army of Six Thousand Men. I am sure we have Reason and Right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there but if a French NobleMan should come to dwell in my House and Family I should think it concerned me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live elsewhere and I hope your Lordships will do the same thing for the Nation if you find Cause My Lords Give me leave to speak two or three words concerning our other Sister Ireland Thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restor'd and the Protestants are not many of them yet recovered from being the suspected Party The Sea-Towns as well as the In-land are full of Papists That Kingdom cannot long continue in the English hands if some better care be not taken of it This is in your Power and there is nothing there but is under your Laws Therefore I beg that this Kingdom at least may be taken into consideration together with the State of England for I am sure there can be no safety here if these Doors are not shut up and made sure Some few daies after this Speech the King was pleased to make a great Alteration in his Council and to appoint the Right Honourable Anthony Earl of Shaftesbury President thereof About the 18th of April 1679. His Majesty was pleased to declare the Dissolution of the Late Privy Council and for Constituting a New one The Lords of the Council not to exceed Thirty besides the Princes of the Blood which His Majesty may at any time call to the Board being at Court and the President and Secretary of Scotland which are uncertain The Names of that most Honourable Council were His Highness Prince Rupert William Lord A. B. of Canterbury Heneage Lord Finch L. Chancellor Anthony Earl of Shaftesbury Lord President of the Council Arthur Earl of Anglesey Lord Privy Seal Christopher Duke of Albermarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Principal Secretary of Scotland James Duke of Ormond L. Steward of the Houshold Charles Lord Marquess of Winchester Henry Earl of Arlington L. Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgwater Robert Earl of Sunderland one of His Majesties Principal Secretaries of State Arthur Earl of Essex first L. Commissioner of the Treasury James Earl of Bath Groom of the Stable Thomas Lord Viscount Falconberg George Lord Viscount Hallifax John Lord Bishop of London Daniel Lord Roberts Henry Lord Hollis William Lord Russel William Lord Cavendish Henry Coventry Esq one of His Majesties Principal Secretaries of State Sir Francis North Knight L. Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernby Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire This great Change put men upon various Discourses and Apprehensions suitable to their respective Dispositions and Inclinations but the most sober both of the Parliament and others hoped now to see the Popish Plot wholly Eradicated especially considering the daily fresh Discoveries that were brought before the Council and Parliament the last of which was of no long continuance for about June 1679.
timely prevented that there is no hurt done yet the very Design if it be but uttered and spoken and any waies signified by any Discourse that this was made Treason by this Act. Formerly it was said and said truly That words alone were not Treason but that since this Act words that import any Malicious Design against the King's Life or Government any Traiterous Intention in the Party such words are Treason now within this Act. Then as to the Indictments that were to be brought before them he advised them to consider 1. Whether the matter contained in them and which were to be given in Evidence were matter of Treason within the former or the latter Act of Parliament and if they doubted they were to enquire of the Court and they should be directed as to matter of Law And they were to examine whether the matters Evidenced to them were Testified by two Witnesses for without two Witnesses no man could be Impeached within those Laws If one man should swear to words that importâ—… 〈◊〉 〈◊〉 〈◊〉 Dâ—…sign or Intention 〈◊〉 〈◊〉 〈◊〉 time and in one place and another Testifie to Traiterous words spoken at another time and another place that these were two good Witnesses which had been solemnly resolved by all the Judges of England upon a solemn occasion 2. That they were to enquire whether upon what Evidence should be given them there should be any reason or ground for the King to call the persons to account if there were probable ground it was as much as they were to enquire into He urged pretty much to this purpose and then told them Compassion or Pity was neither their Province nor his that there was no room for that in Enquiries of such a nature that it was reserved to a Higher and Superiour Power from whence theirs was derived Therefore he required them to consider such Evidence 〈◊〉 should be given them and prayed God to direct them in their Enquiry that Justice might take place Then a Bill of High â—…son reason was offer'd against the E. of â—…esbury and Sir Francis Withcâ—… moved that the Evidence might be heard in Court Then the Lord Chief Justice told the Jury that the King's Council desired and they could not deny it that the Evidence might be publickly given and prayed them to take their places and hear the Evidence that should be given The Jury desired a Copy of their Oath which the Court granted and then withdrew after some time they returned and then the Clerk called them by their Names Then the Foreman gave the L. C. J. an account that it was the Opinion of the Jury that they ought to Examine the Witnesses in private and it hath been the constant practice of our Predecessors to do it and they insisted upon it as their Right to Examine in private because they were bound to keep the K's Secrets which could not be done if the Examination were in Court Whereupon the L. C. J. told 'em that perhaps some late usage had brought them into that Errour that it was their Right that the Witnesses were alwaies sworn in Court and surely he said Evidence was alwaies given in Court formerly That it was for their advantage as well as the King 's that nothing might be done clandestinly that by their keeping Counsel was meant keeping secret their own private Debates To which the Foreman replied That he begg'd his Lordships pardon if he were in a mistake The Jury apprehend they were bound by the very words of their Oath to Examine in private for it says They shall keep the King 's Secrets and their own Counsels That there could be no Secret in publick Then Mr. Papillion spoke to this purpose That they had heard that what had been the Custom of England had been the Law of England and if it had been the Antient Usage and Custom of England that had never been altered from time to time Divers other Arguments were used on both sides but at last the Court denied a private Examination then the Foreman told the Court that the Jury desired it might be Recorded that they had insisted upon it as their Right but if the Court over-ruled it they must submit This was likewise refused by the Court. Then Sheriff Pilkington desired that the Witnesses might be put out of Court and called in one by one but he was refused it and told it was not his Duty And Mr. Attorney General said he appeared against the King However it was afterward granted to the Jury Then was Read the Indictment against Anthony Earl of Shaftesbury for High Treason against His Majesty which being too long here to insert we are forced to omit The Jury desired a â—…ist of the Witnesses Names but they were told they would have them Endorsed on the back of the Indictment when that was delivered to them Then the Foreman acquainted the Court that the Jury desired a Copy of the Warrant by which the Earl of Shaftesbury was Committed because there might several Questions depend upon it But my Lord Chief Justice answered That was not in the power of the Court to grant for that it was in the hands of the Lieutenant of the Tower which he kept for his Indemnity and they could not demand it of him upon any terms Then Mr. Papillion moved that they might hear what the Witnesses had to give in Evidence one by one and that after the Jury might withdraw to consider what proper Questions to ask them and after might come down again which the Court granted Then all the Witnesses were ordered to go out of the Court and to be called in one by one This done Will. Blithâ—… Esq was produced and a Paper delivered in Mr. Blithwayt gave account that that Paper was put into his hands by Mr. Gwin Clerk of the Council who had seized it amongst others in my Lord Shaftesbury's house and that he had took that and others out of a Velvet Bagg which Mr. Gwin had lockt up in the great Trunk Then Mr. Gwin testified that he had the great Hair Trunk in my Lord Shaftesbury's house when he was sent there to search for Papers by Order of the Council the second of July my Lord as soon as he came there delivered him the Keys and said He would seal them up with his own Seal but afterwards sent Mr. Gwin word if he pleased he might put his own Seal that he had taken a note how he had parted several parcels of Papers that there were several sorts of them in the great Hair Trunk and there was a Velvet Bag into which he had put some Papers that were loose in my Lord's Closet above Stairs that he had put his Seal upon the Trunk and being sent another way had put it into the Custody of Mr. Blithwait The Lord Chief Justice asked Mr. Gwin whether all the Papers in the Velvet Bag were in my L. Shaftesbury's Closet and whether there was nothing in that Bag but what he had taken in
other Discourse with the L. Shaftesbury the said Earl told him that the Duke of Bucks's Mother was descended of the Family of the Plant aginets naming some of the Edwards and that in her Right he should have the Barony of Ross and in her Right had as good a Title to the Crown of England as ever any Stewart had John Macknamara deposed That a little after the Parliament had been dissolved at Oxford the Earl of Shaftesbury said to him That the King was Popishly affected that he took the same methods that his Father before him took which brought his Head to the block and said We will also bring his thither and that the Earl had said the King deserved to be deposed as much as ever King Richard the second did Denis Mâ—…cnamara declared that my Lord Shaftesbury had said The King was a man that ought not to be believed and that â—…e ought to be deposed as well as Richard the second that the Dutchess oâ—… Mazarine was one of his Cabinet Council that he did nothing but by her Advice Edward Ivey said that the Earl of Shafton soon after the Parliament was dissolved at Oxford speaking against the King said he was an unjust man and unfit to reign that he was a Papist in his heart and would introduce Popery That another time he heard him exclaim against the King and that they designed to depose him and set another in his stead Bernard Dennis deposed that amongst divers other things the Lord Shaftesbury had told him that they intended to have England under a Common-Wealth and no Crown to have no supream head particular Man or King nor owe Obedience to a Crown Lord Chief Justice told the Jury they intended to call no more Witnesses against the Earl of Shaftesbury the Jury being charged only with that Mr. Papillion desired to know what Sâ—…atute the Indictment was grounded upon my Lord Chief Justice said it was contra formam Statut ' which might be understood Statutorum or Statuti so they might go upon all Statutes that might be the form o that Indictment The Jury desired to know whether any of the Witnesses stood indicted or no. To which the Lord Chief Justice answered they were not properly here to examine the credibility of the Witnesses for that would be a matter upon a Tryal before a Petty Jury where the King would be heard to defend the credibility of his Witnesses if any thing were objected against them That they were to see whether the Statute were satisfied in having matter that was Treasonable and witnessed by Two Men who are intended Prima facie credible unless of their own Knowledg they knew any thing to the contrary Mr. Papillion prayed his Lordships Opinion whether his Lordship thought they were within the compass of their own Understandings and Consciences to give Judgment for if they were not left to consider the credibility of the Witnesses they could not satisfie their Consciences To which the Lord Chief Justice replied that they ought to go according to the Evidence unless there were any thing to their own knowledg and that iâ—… they expected to enter into proofs concerning the credit of the Witnesses it were impossible to do Justice at that rate The Jury withdrew and the Court adjourned till Three a Clock When met the Jury put many questions to the Witnesses of which for brevity I can but take notice of some Mr. Gwin was asked by the Foreman whose writing the Paper was to which he answered he could not tell whether it was in the Closet before he came there he said it was certainly in the closet for there he found it he knew not the particular Paper but all the Papers in the bag were there They asked whether he knew not of a Discourse of an Association in Parliament He said he was not of the last Parliament but had heard an Association talked of Then the Foreman asked Mr. Secretary Jenkins whether he knew not of a Debate in Parliament concerning an Association whether he remembred not that it was read upon occasion of the Bill The Secretary answered that he was not present at the Debate that there was an answer to a Message from the House of Commons had somthing in it which did strongly imply somthing of an Association that he heard such a thing spoke of but was not present at the Reading Being asked the date of the Warrant for my Lord Shaftesbury's commitment he must he said refer himself to the Warrant that he thought it was about the beginning of July Being asked whether all the Witnesses had been examined before the Committee he answered they were and he was present at the Examination Being asked again whether all he said he knew not whether all but he was sure he was at the Examination of several but could not tell how many Then the Jury examined the rest of the Witnesses one by one Booth being asked whether he had easie admittance into my Lords company said he ever went with Capt. Wilkinson and had easie admittance whether Captain Wilkinson were with him every time he said no not every time not this time to divers other questions he answered That he had been in Orders that he had not been indicted for Fellony that he did not directly know any one man of the Fifty beside himself that he never was with my Lord but at his own House that he was never desired to be a Witness against my Lord until he had intimated something of it till he was told of Brownrigg the Yorkshire Attorney concerning somwhat my Lord had said to Irish men he then said he was sure there was somthing as to that purpose to English men that he thought he had no Commission to offer him a Reward that he was not acquainted with Callaghan nor Downing never heard their names nor was in their company that he knew of that he knew not one Mr. Shelden nor Mr. Marriot only had heard of one Marriot that belong'd to the D. of Norfolk but never was in his company nor discoursed with from him but had heard from Baines about Brownrigg about Irish Witnesses Mr. Godfrey asked whether he had never heard of Irish Witnesses sent down by Mr. Marriot to the Isle of Ely Then the L. Ch. Just. said We have given you all the Liberty in the World hoping you would ask pertinent questions but these are trifles he did not expect that any wise men would have asked such questions Then he asked of Mr. Godfrey what it was to the purpose whether Mr. Marriot sent any Irish Witnesses to his Tennant or no. To which the Foreman told his Lordship that he had it under the hand of the Clerk of the Council Mr. Turbervil answered to several questions that he had the Discourse with my Ld. Shaftesbury about the beginning of February and about July 4. communicated it to Mr. Secretary Jenkins The Foreman then asking whether he had met with no body about the beginning of July
Attorney was pleased easily to answer the Objection of one of my Council if a great Minister be so Committed he hath the Cure of a Pardon a Prorogation or a Dissolution But if the Case should be put why Forty Members or a greater number may not as well be taken away without Remedy in any of the King's Courts he will not so easily answer and if in this case there can be no Relief no man can foresee what will be hereafter I desire your Lordship well to consider what Rule you make in my Case for it will be a President that in future Ages may concern every man in England My Lord Mr. Attorney saith you can either Release or Remand me I differ from him in that Opinion I do not insist upon a Release I have been a Prisoner above Five Months already and come hither of Necessity having no other way to get my Liberty and therefore am very willing to tender your Lordship Bail which are in or near the Court as good as any are in England either for their Quality or Estate and I am ready to give any Sum or Number My Lord This Court being possest of this business I am now your Prisoner The Court delivered their Opinion Seriatim Mr. Justice Jones Mr. Justice Wild Lord Chief Justice Reimsford Mr. Justice Twisden was absent but he desired Justice Jones to declare that his Opinion was that the Party ought to be remanded which being the sense of the Court his Lordship was Remanded by the Court. His Lordship being denied Redress in the Court of King's-Bench he continued a Prisoner in the Tower until the following February and on the Fourteenth of that Month presents a Petition to the House of Lords then Sitting wherein his Lordship makes a very humble Submission both to the King and House of Peers and for better satisfaction here is inserted what was said to be a Transcript of the Proceedings of that House relating to that Affair Die Jovis Feb. 14. 1677. A Petition was presented to the House from the Earl of Shaftesbury wherein he humbly submits himself to their Lordships pleasure and is ready to make acknowledgment and submission according to their directions but in regard it did not appear to this House that his Lordship had made his Acknowledgment to His Majesty after some Debate the Petition was rejected Die Mercurii Feb. 20. 1677. A Petition from the E. of Shaftesbury was presented to the House and Read as follows To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled The Humble Petition of Anthony Earl of Shaftesbury Sheweth THat your Petitioner on the 16th of Feb. 1676. was Committed Prisoner to the Tower of London by your Lordships because he did not obey your Lordships Order where he hath continued under Close Confinement to the great decay of his Health and danger of his Life as well as prejudice of his Estate and Family In all humble Obedience therefore unto your Lordships he doth acknowledge that his Endeavouring to maintain that this Parliament is Dissolved was an ill-advised Action for which he humbly begs the Pardon of the King's Majesty and of this most Honourable House and doth in all humble Duty and Observance to your Lordships beseech you to believe that he would not do any thing willingly to incur your displeasure Wherefore your Petitioner in all humble Duty and Obedience both to His Majesty and your Lordships hath made his humble Submission and Acknowledgment in his most humble Petition unto the King 's most Sacred Majesty and is ready to make his further Submission to His Majesty and this Honourable House according to the direction thereof And he doth most humbly implore your Lordships That you will be pleased to restore him to your Favour and discharge him from his Imprisonment And your Petitioner c. Shaftesbury This being Read the Lord Chancellor acquainted the House that His Majesty had received a Third Petition from the E. of Shaftesbury more submissive in Form than ☞ the Two First But His Majesty understanding that the Earl of Shaftesbury hath endeavoured to free himself from the Censure of this House by Appealing to the King's-Bench to have their Judgments thereupon during the late Adjournment doth not think fit as yet to signifie his pleasure as to his Discharge until this House hath taken that matter into consideration So that at that time the House refused to Address to the King for a Discharge for the said Earl but entered on a Debate concerning his Appeal from this House to the King's-Bench for an Habeas Corpus which Debate was again resumed the day following and the Records of the King's-Bench produced by which it did appear that two Rules of Court had been obtained upon the Motion of the E. of Shaftesbury's Council Trin. Term 1677. and the Returns thereupon were Read by which it did appear that the Earl of Shaftesbury was Committed the 16th of Feb. 1676. by this House for a Contempt and then the Remittitur of the Earl of Shaftesbury to the Tower was also Read After this a Petition from the Earl of Shaftesbury to this House was Read wherein his Lordship took notice of an Order of this House of the 20th Instant for bringing the Records of the Court of King's-Bench into this House concerning the Matter of an Habeas Corpus brought by him that he takes himself to be greatly concerned and to have a Right to be present and heard when any Debate of any new matter against him is entered upon That he cannot pretend but that he may have erred for want of a President to guide him and being deprived of the benefit of Council by reason of his close Confinement and being resolved not to do any thing willingly that might in the least offend His Majesty or their Lordships he humbly takes this opportunity to give further Evidence thereof by casting himself at their Lordships feet and as he hath humbly begg'd the Pardon of His Majesty so he beggs also the Pardon of this House for having offended them in any thing whatsoever This having been Debated a long time the House at last came to this Resolution following Resolved and declared That it is a breach of the Priviledge of this House for any Lord Committed by the House to bring an Habeas Corpus in any Inferiour Court to free himself from that Imprisonment during the Session of Parliament Resolved That the Earl of Shaftesbury shall have Liberty to make his full Defence notwithstanding the Resolution and Declaration aforesaid Die Veneris Feb. 22. The House sent a Warrant to the Constable of the Tower to bring the Earl of Shaftesbury to the Bar of this House on the Monday following accordingly on the Monday following the Earl of Northampton Constable of the Tower brought the Earl of Shaftesbury to the Bar of the House where having kneeled the Lord Chancellor gave him an account of the foregoing Resolution of the House Whereupon the Earl of
Shaftesbury and of any Design against His Majesty he gave the same Answer to them as he had done to the former Attackers that he knew nothing great Arguments were used but he could give no satisfactory Answer as he conceived was expected In a little time His Majesty came into the Office and was pleased to say to the Captain that His Majesty knew him well that the Captain had served his Father and His Majesty faithfully and he hoped the Captain would not decline his Obedience To which the Captain answered that he never deserved to be suspected His Majesty was pleased further to tell him he had not had the opportunity to serve his Friends but hoped he might His Majesty was pleased to promise to consider him for his sufferings Then after an excellent Exhortation in which His Majesty told him that the kindness was intended was not with design to speak a word but Truth it self and if he knew the Captain or any other person did he would never endure them His Majesty demanded what he knew of a Design against his Person and Government he answered he knew nothing of any Design against His Majesties Person or Government that he admired why one that had so faithfully served His Majesty and Royal Father both in England and beyond Sea and was so Instrumental to His Majesties Restauration should be suspected But some persons had possessed His Majesty that the Captain was deep in some Design against the Government and knew much of my Lord Shaftesbury At length after much pressing His Majesty told him if he would say As he hoped to be saved he knew nothing of any Design against his Person that then His Majesty would believe him which the Captain having said in the very words His Majesty seemed to be much surprized at it and left him to the management of the Secrery who used such Arguments as he thought fit At last the Captain declared that he knew his Duty to his Soveraign and would never draw his Sword against him but could freely do it against some of the Court who were Enemies both to His Majesty and his Friends So he was taken into another Room where were His Majesty Lord Chancellor Lord Hallifax Lord Hide two Secretaries of State and Lord Chief Justice Pemberton Mr. Graham Booth and Baines were present My Lord Chancellor would not believe but that he must be guilty of knowing great things against the Lord Shaftesbury he told them if he could not be believed on his word there if they pleased to bring my Lord Shaftesbury to his Tryal he should declare in open Court upon his Oath what his knowledge was without any hopes of gain or Advancement the Lord Chancellor wittily replied there were two sorts of Advancements and he was like to come to his own Tryal first before the Lord Shaftesbury My Lord Chancellor demanded if he had no Commission for this New Service against His Majesty to which the Captain answered No. Then the Chancellor told him he was to have a Troop to consist of Fifty Men the Capt. said that was a small Troop he hoped if ever he had Command of a Troop it should be a better than that But the Captain desired to know who gave that Information The Lord Chancellor told him Mr. Booth who was by and Listed under him Captain Wilkinson desired Booth to tell him whether he had given this Information upon Oath Booth answered Yes and it was true At all this the Captain was not concerned so much doth glorious Innocence triumph over the Forgeries and Impious Designs of Evil men and out-braves them even in Death it self That which is very observable in Captain Wilkinsons Information is That at that very time when Booth had sworn he was to have commanded a party of Horse at Oxford his whole Family Wife Children and Servants making about the number of 37 persons were all on Board his Ship bound for Carolina and all lying at his proper charge but when he thought himself most in readiness for his intended Voyage he found himself strangely entangled that he could not stir some Debts he was bound for for others and more of his own fell upon him and he was committed to the Kings-Bench which put a stop to the designed Voyage and he hath often since concluded there was a Divine hand in it I have thought it proper to insert in this place the Testimony of Major Jervas James whose Loyalty and Integrity to his Majesty hath been sufficiently known having most faithfully and as a true Subject served His Majesty both beyond the Sea and at home and declares is still ready with all chearfulness when his Majesty shall please to command him to serve him to the last drop of his Blood He acknowledgeth himself a Son of the Church of England as is it by Law established and hath without scruple taken the Oaths of Allegiance and Supremacy He stiles the acquaintance he hath with so deserving a person as Captain Wilkinson a great Happiness and acknowledgeth himself obliged to him for so timely entrusting him with so notable a secret being a stranger to the said Captain which trust Major James lookt upon as a great Adventure and the Discovery to endanger the Lives both of the Earl of Shaftesbury and Captain Wilkinson He likewise declares before God and Man that he believes all the Captains Information to contain nothing but the truth of what he had from Booth Bains and Mr. Graham For he lent him the convenience of his Chamber to write the whole business and saw him write it with his own Hand as may also be witnessed by Mr. Robert Bennet who is an Officer in Leaden-Hall-Market and transcribed it for the Captain He hopes his Majesty is and will be well satisfied that those who faithfully and truly serve His Majesty and his Subjects are the persons both to be believed and relied upon and desires that this may have credit according to its Truth and Reality both in the heart of his Majesty and all his loyal Subjects The Information of Jervas James Gentleman I Jervais James Gentleman do declare that the above named Captain Henry Wilkinson came to me upon Tuesday the 11th of Octob. 1681. in the Evening and did then and likewise every day from time to time afterwards make me acquainted with the several Treaties and Transactions between him the said Captain Henry Wilkinson and Mr. Booth Mr. Bains and Mr. Graham and the several other Persons in this his Information mentioned and that they were the very same in substance with what he hath herein set forth declared for at his Request for my own satisfaction I kept a daily Journal during the time of their Treating All which shall be attested upon Oath when required This forementioned Information was published by Captain Henry Wilkinson during the time of my Lord Shaftesbury's confinement in the Tower and was of very great use to satisfie all loyal and honest minded men of the base
my Lord Shaftesbury's Closet to which Mr. Gwin replied that there was nothing Mr. Secretary Jenkins witnessed that that was the Paper he had of Mr. Blithwayt Some things I am forced for brevity to omit My Lord Chief Justice said Now it appears this was the Paper taken in my Lord Shaftesbury's Closet And the Paper was Read which contained the words of that commonly called The Form of an Association When it had been Read Sir Fâ—…n Withins said This Paper was very plausibly penn'd in the 〈◊〉 and runs a great way so but in the last clause but one there they come to perfect Levying of War for they do positively say They will obey such Officers as either the Parliament or the major part of them or after the Parliament is Dissolved the major part of them that shall subscribe this Paper shall appoint The Foreman of the Jury enquired what Date that Paper was of and whether there were any hand to it to which Sir Francis answered that it was after the Bill for Exclusion of the Duke of York for it says that way failing they would do it by force as to the having a name to it Sir Francis said there was none at all The rest of the Evidence were John Booth John Macknamara Edward Turbervill Dennis Macknamara John Smith Edward Joye Bryan Haynes Bernard Dennis Booth deposeth That in January last he was introduced into my Lord Shaftesbury's acquaintance by Captain Henry Wilkinson in order to get a Commission and Plantation in Carolina That the first time he went to my Lord there was my L. Craven and Sir Peter Colliton who are of the Proprietors of that Collony that after this acquaintance he had been there between Christmas and March four or five times and that he found great difficulty in his Accession to his Lordship who was cautious of what company were admitted to him that the said Earl used to inveigh sharply against the Times and look upon himself as not so valued nor respected nor in those Places and Dignities as he expected seemed discontented Particularly that the Earl of Shaftesbury should say that the Parliament would never grant the King Money nor satisfie him in those things that he desired unless he first gave the People satisfaction in those things that they insisted on before and particularly the Bill of Excluding the Duke of York from the Crown Another was the Abolishing the Statute of the 35th of Elizabeth The third was giving his Royal Assent for the passing a New Bill whereby all the Dissenting Protestants should be freed from those Penalties and Ecclesiastical Punishments that they are subject to by the present Establish'd Law That he had Established fifty Gentlemen persons of Quality that he believed would have men along with them that they were to come to Oxford at such a time that if there were any Violence offered to any of the Members by the King's Guards or the Retinue of the Court that then these men with others that other Lords had appointed should repel his force by greater force and should purge the Guards of all the Papists and Tories that Captain Wilkinson was Intrusted with the Command of these men and that these men should be ready to Assist himself and those of his Confederacy to purge from the King those Evil Councillors that were about him That particularly there were named the Earl of Worcester Lord Clarendon Lord Hallifax Lord Feversham Lord Hide which persons were lookt upon to be dangerous and gave the King Evil Advice That those Lords should by Violence be taken from the King and the King brought to London where those things should be Establisht which they designed for their Safety in those two Respects for the preserving the Protestant Religion and likewise for the defending and keeping us safe from Arbitrary Power and Government And likewise that the said Booth had provided Arms and a good Stone-Horse for himself and Arms for his Man before the Parliament Sate at Oxford That the Thursday before the Parliament was Dissolved Captain Wilkinson told him he expected that very week to be called up to Oxford with those men that were Listed with him but Saturday bringing News of the Dissolution of the Parliament it had no further Effects This was the most material of what Booth said for being straitned in Room I am forced to render it as short as I can Turbervil declared That about the beginning of February waiting on my Lord Shaftesbury to have his advice how he might come by some Monies and to gain his Lordships Letter in his behalf to the President of the Council the Earl should say there was little good to be expected from the King as long as his Guards were about him that his Lordship should say the Rabble about Wapping and Aldersgate were of that side that the rich men of the City would vote for Elections but it could hardly be expected they should stand by them in case of a disturbance for they valued their Riches more than their Cause and that at Oxford he had heard the Earl say he wondred the People of England should stickle so about Religion if he were to chuse a Religion he would have one should comply with what was apt to carry on their Cause Smith said that one time being sent for by my Lord Shaftesbury by one Captain Manly his Lordship should tell him that Mr. Hetherington had told him he was afraid the Irish Witnesses would go over to the Court Party and retract what they had said formerly that he advised him to persuade them not to go near that Rogue Fitz-Girald that great Villain that is pampered up and maintain'd by the King and the Court party to stifle the Plot in Ireland and that the Earl had further said That if the King were not as well satisfied with the coming in of Popery as ever the Duke of York was do you think the Duke of York would be so much concerned for the bringing in of Popery as he is That a little before my Lord went to Oxford he should tell the said Smith there were great preparations made and a great many gathered together upon the Rode be tween London and Oxford and Smith asking his Lordship what it might mean my Lord should answer that it was only to terrifie the Parliament to comply with the Kings desire which he was sure the Parliament would never do That they were now more resolute than ever That they clearly saw the Kings aim was to bring in Popery That they had the Nation for them and might lawfully oppose him and he would meet with very strong opposition for that all that came out of the Country should be well Hors'd and armed and so they should all be That the City had resolved to bear the charge of their Members and send so many men to wait on them and that he would be hang'd before he would ever bring in Popery or any thing of that nature Bryan Hains deposed that among