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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	act_n	king_n	time_n	2,142	5	3.3577	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 LONDON Printed for H. Jones 1681. At the Sessions at the Old Bayly on Thursday November the Twenty fourth 1681. held by Commission of Oyer and Terminer within Term. THE Commission being read the Pannel of the Grand Jury was read over which was as follows Sir Samuel Barnardiston Baronet John Mordant Esq Thomas Papillon Esq John Dubois Esq Charles Herle Edward Rudge Humphrey Edwyn John Morris Benjamin Godfrey Edmond Harrison Joseph Wright John Cox Matthew Gardiner excused Samuel Swynock excused Thomas Parker Leonard Robinson Thomas Sheppard John Polixfen out of Town John Flavell Michael Godfrey John Smith Joseph Richardson William Empson Andrew Kenrick John Lane Esq John Gardiner excused John Hall William Ashhurst Esq John Ellis Esq John Deagle Thomas Weston out of Town Andrew Bonnel Gabriel Whitley Thomas Carpenter Laurence Baskervill Marwood Denby Peter Houblon The Gentlemen that were sworn of this Jury were Twenty one whose Names are as follows Sir Samuel Barnardiston Baronet Foreman John Mordant Esq Thomas Papillon Esq John Dubois Esq John Herle Edward Rudge Humphrey Edwyn John Morris Edmond Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Sheppard John Flavell Michael Godfrey William Empson Andrew Kenrick Joseph Richardson John Lane Esq John Hall After they were sworn the Lord Chief-Justice Pemberton gave them their Charge which was to this effect That they were met here in one of the most Solemn Assemblies of this Nation That it was for the Execution of Justice upon Ossenders if found Guilty That the nature of the Commission whereby the Commissioners sate and the Grand Jury were summoned doth extend to all Offences whatsoever Treasons Misprisions of Treasons Felonies and all other Crimes and Offences against the King and Government in short all that are called Pleas of the Crown all these he told them fall under the Cognisance of the Commissioners and the Inquiry of the Grand Jury but did acquaint them That there was a particular Occasion for the Issuing out of the Commission at this time His Majesty having received an Information That there were some evil and most Traiterous Designs against His Person and Government He did therefore think fit to have a due Examination of them that so the Persons might be brought to condign Punishment if found guilty thereof He did farther acquaint them That they must not expect any Formal Charge from him he expecting that they had received their Directions before they came for that it had been the common Usage for the Grand Jury to be sworn and receive their Charge before His Majesties Justices came upon the Bench but since he found it otherwise he should not make any set formal Charge nor give any Account of all the Offences that fall under the Inquiry of the Grand Jury by such a Commission at Common Law neither must they expect that he should acquaint them with all the Crimes that they might inquire of but that it would be sufficient to tell them the particular Matter of which they were then to inquire and their Duty concerning that Inquiry He told them that he had hinted at first that they were Matters of High Treason which is a Crime of the highest nature that can be committed against Man That other Crimes as Felonies and things of that nature may make Disorders and Troubles in a State or Kingdom but that Treasons strike at the very Root and Life of all and are that which destroys the Government and therefore have in all Ages been looked upon as Crimes of the highest nature that can possibly be imagined and accordingly Punishments have been allotted to them of the greatest Severity He did further acquaint them That at the Common Law there were great variety of Opinions about Treason and that there had been many Disputes what was Treason and what was not and therefore it was thought fit by the Wisdom of our Ancestors to make a Law to declare what should be Treason which was done by the 25 Edw. 3. By that Law for any one to compass or imagine or intend the Death of the King for he told them he would mention no more of that Statute than was agreeable to the present purpose and to declare it by Overt-act as to levy War against the King and the like is declared among other things to be High Treason which Law hath obtain'd for Law amongst us ever since and that nothing had been accounted Treason but what was expressed in it unless upon some emergent Occasion and instanc'd in the Laws made in the time of Queen Elizabeth upon the occasion of that inveterate Malice that the Roman Catholicks bore her and likewise in that Law of the 13th of His now Majesty for the making whereof he told them the Parliament had great grounds as they declare in the Preamble of that Statute for that the Wounds the Kingdom had received were then bleeding and scarcely closed many Traiterous Positions and Seditious Principles spread amongst the People of this Realm and that they had good reason to believe that where they had been so maliciously bent against King Charles the First and had taken him off and had maintain'd so long and dangerous a War against Him and His now Majesty almost to the destruction of all our Liberties and Laws even to the utter overthrowing of this flourishing Kingdom they ought to be careful to prevent the like Mischiefs for the future and therefore did think fit whereas the Law before was That it should be Treason to conspire or to imagine or to intend the Death of the King so as it were declared by overt-Overt-act now because it was dangerous to stay till an overt-Overt-Act should declare the Intention for that they had proceeded so far as to take away one Kings Life and banish another and endeavour to root out the Government of this Kingdom and therefore did Enact by the said Statute of the 13th of His now Majesty That if any one shall compass imagine or intend the Death of the King or his Destruction or any Bodily harm that may tend to His Death and Destruction any restraint of His Liberty by Imprisonment or otherwise or if they shall design and intend to levy any War against Him either within the Realm or without or design or intend to procure any Foreign Prince or others to invade His Dominions and shall signifie and declare this by any Writing by any Printing by any Preaching or by any malicious and advised Speaking and uttering Words to the same intent and purpose this shall be High Treason which he told them had altered the Law in two Cases 1. As to levying War the Intention was not Treason before unless it took essect And 2. As

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