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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

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Majesty so neither to the Liberty of the Subject The third thing was That this publick Examination might be prejudicial to His Majesty for that sometimes upon private Examinations of Witnesses the Jury have discovered persons guilty of Treasons and misprisions of Treasons which were not before discovered and have thereupon sent down to the Court and acquainted them with them and the Traitors have been secured which by publick Examination notice might have been taken and been prevented And the fourth thing was That all the Evidence is hereby known before it comes to the main Tryal upon the issue whereby this inconvenience may ensue that Persons may be brought to confront the Witnesses and invalidate their Testimony To which the Lord Chief Justice Pemberton made answer to this effect That if they had well considered what he had said before he should have thought the objections to have been obviated but as to keeping their own secrets they are bound but as to the Kings if he please to make them publick who shall hinder it And as to the common usage he told them that there were divers presidents out of the allowance of publick examinations in these cases and that he never heard it denyed before and that the way antiently was to examine all in Court The Lord Chief Justice North spake much to the same purpose Then the Jury demanded that it might be recorded that they did insist upon the examination of the Witnesses in private which was denied by the Court for this reason that they were not bound to record any thing but what was in order to proceeding upon the Indictment It was moved that the Witnesses might be kept out of Court and but one brought in at a time which was granted to the Jury Then the Bill was read against Anth. E. of S. the substance of which was to this effect That he 18 Mar. 33 of this King did Traiterously c. provide Arms c. and the same time did speak these words That the Parliament was to meet at Oxford within a short time and that he had considered of the inclinations and dispositions of the Persons Elected and that he was satisfied that the Parliament would insist upon the same matters the former Parliament had done which were the Bill of Exclusion the repealing 35 Eli. and the passing the Bill for uniting Protestant Dissenters with other wholsome Bills which he was certain the King would refuse and therefore he did expect that there would be breach between the Kings Majesty and his Parliament and that many Noble Men and worthy Members of the House of Commons concurred in the same opinion and that they had resolved to insist upon it and if the King should refuse than he the said E. of S. and the said Nobles and worthy Members would compel the Kings Majesty to consent thereunto and that on the part of him the said E. of S. he would provide valiant Men to be Commanded by Captain Wilkinson and that John Booth should be one And further that our Soveraign Lord the King is a Man of no Faith and that there was no trust in him and that our Soveraign Lord the King deserved to be deposed as Richard 2. late King of England was And further that he the said E. of S. never would desist till he had brought the Kingdom of England into a Common-wealth and that the said E. of S. and those that would assist him the said E. of S. would make this Kingdom a Common-wealth as Holland was and that he the said E. of S. and other Traitors unknown would live as they do in Holland and our said Soveraign Lord the King and his whole Family would extirpate and that our Soveraign Lord the King was a Man of an unfaithful heart and not worthy to Reign and Govern that he was false unjust and cruel against his People and that if he would not be Governed by his People he the said E. of S. and others would depose him our said Soveraign Lord the King against the duty of his Allegiance c. After the reading of which Indictment the said Kings Council insisted upon opening the Evidence to the Jury but the Court denyed it After which the Jury desired a note of the names of the Witnesses which was denied them for this reason that they must have the Indictment out with them and their names are recorded on the back of the Indictment Then Sir Samuel Barnardiston desired to see the Warran upon which the E. of Shaftesbury was committed and told them that they had great reason for that request to which the L. C. J. P. gave this answer That they could not do it for that the Lieutenant of the Tower kept it for his own indempnity and they could not command it from him Then they began the Examination of the Witnesses First Mr. Blackthwait was examined who produced a Paper and his Testimony was to this effect that he received the same from Mr. Gwyn another of the Clarks of the Council who told him that he seized that Paper amongst others in the E. of Shaftesburies House and that Mr. Gwyn gave him the Key where the Papers that were seized were kept and that it had been altogether in his Custody except a little time that Sir Lionel Jenkins one of His Majesties Secr. of State had it who re-delivered it him again that when he was ordered by the Committee of Examinations he brought the Trunk and Papers into the Council Chamber and they were opened in the presence of several Lords and of Mr. Wilson who was appointed to attend on the behalf of the E. of Shaftesbury and that this Paper was taken out of a velvet bag that was in the Trunk on the 6th of July last Then was called Mr. Gwyn who informed the Court to this purpose That on the 2d of July last past he was commanded by a Warrant from the Secretary to go to the E. of Shaftesbury's House to search his Papers and that he there met with a great many Papers which he put into a Trunk and delivered it with the Key of it to Mr. Blackthwait but knew not how the Papers were divided and taken out afterwards and doth further say that there was nothing in the Velvet Bag but what he took in the E of Shaftesbury's Closet Then Sir Lionel Jenkins testified that that was the Paper among others that was delivered into his Hands by Mr. Blackthwait in the Council Chamber and declared that the same had not been altered after it came to his Hands Then the Paper was read the purport whereof was the Form of an ASSOCIATION to be entred into by as many of the King's Subjects as pleased for the defence of the King's Person the Protestant Religion and the Laws of the Land against the D. of Y. and all that adhere to Popery and Arbitrary Power The next Witness produced was John Booth who swore to this effect That in January last he was introduced into the E