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A69434 An account at large of the proceedings at the Sessions-House in the Old-Bayly, on the 24 of November 1681 in relation to the bill of high treason prefer'd against the Earl of Shaftsbury, which was foun'd [sic] ignoramus giving an account of the jury, the evidence, the paper read in court, and all the most remarkable passages that hapned during the whole proceeding. Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.; England and Wales. Parliament. 1681 (1681) Wing A168B; ESTC R24959 8,288 10

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An ACCOUNT at Large of the PROCEEDINGS at The Sessions-House In the Old-Bayly on the 24 of November 1681. In Relation to the Bill of High Treason prefer'd against the Earl of Shaftsbury Which was foun'd Ignoramus Giving an Account of the JURY the Evidence the Paper read in Court and all the most Remarkable Passages that hapned during the whole Proceeding AS ALSO The Proceedings at the Kings-Bench-Bar at Westminster on the 28 past giving an Account of the Bailing of the Right Honorable Anthony Earl of Shaftsbury William Lord Howard Baron of Escreik and also Edward●…ker John Wilmore and Samuel Wilson with the Names of such Persons of Honour and others that became Sureties together with many other Remarkable Passages ON the 24 day of November 1681. by virtue of a Special Commission of Oyer and Terminer a Court was hold at the Sessions-House in the Old-Baily where most of the Judges being present the Jury summoned to attend were called being about 40 in Number all worthy Gentlemen and substantial Citizens out of which these following were Sworn according as the Law in such Cases requires viz. Sir Samuel Bernardiston Foreman Thomas Papillion Esq John du Bois Esq Mr. Hearle Edward Rudg Humphry Edwin John Morrice Michael Godfrey Edmund Harrison Joseph Wright John Cox Thomas Shepherd Thomas Parker John Flavel Leonard Robinson William Empson Joseph Richardson John Lane Mr. Kenrick Mr. Hall After the Jurors were Sworn and had taken their Places and the Commission by which the Court sate Read the Lord Chief Justice Pemberton told them Though he expected the Charge might be given before he came it not being usual for him to give it in that Court but finding it was not delivered he thought it very convenient for their better Information to let them understand what they were to Enquire into After which his Lordship proceeded to open the Statutes of the 25 of Edward the III. and that of the 13 of His present Majesty laying open from Point to Point the true intent and meaning of the said Statutes and then told them That by Virtue of the Commission by which they were Impannell'd and Sworn Jurors they were to Inquire of all Treasons Misprisions of Treason Fellonies and the like and that they were to find according to the Evidence that should be given in behalf of the King and that unless they knew any thing of their own certain knowledge they were not to question the Credit of the Witnesses c. After which an Indictment of High-Treason against Anthony Earl of Shaftsbury was read the purport of which was That ●he the said Anthony Earl of Shaftsbury as a false Traytor of our Sovereign Lord the King had VVilfully Maliciously and Trayterously Conspired and Imagined to compass the Death of our Sovereign him to Depose Murther and put to final Destruction by Combining with several False Traytors to raise Rebellion and Levy VVar within His Majesties Dominions and that in Order thereunto several Consults had been held not only at his own House but likewise in several other places within the City of London where by several express words the same had been signified After the Indictment was read the Jury went out to consider of the Coppy of their Oath and to conclude about the Examination of the VVitness then returning they made it their Request to the Court That they might have the Examination of the VVitnesses in private by reason several of them were not otherwise well satisfied in their Oath which expressed That they should keep their own and the Kings Secrets which they said they could not do if a Publick Examination was made Mr. Godfrey one of the Jury Declaring That it had not a little troubled him That the Evidence upon the Tryal of Plunket were admitted to stand together to hear each others Evidence he being upon the Jury that found the Bill against him but the Kings Council opposing this their Request the Court told them It could not be granted for that it was the usual Custom some years since to Examine all Evidence in Court but it growing too tedious they were forced to dispence with their Examination in private Then they desired That if they might not Examine them in private that it might be Recorded That their Request was denyed in that particular but the Court answered That they could not Record any such thing but that there were VVitnesses enough to take notice of what had passed but that they would order the VVitnesses to be put apart if they desired it and brought one by one and after they had given their Evidence they should again Examine them and ask them any Lawful Questions they pleased After which they desired to have the VVarrant of Commitment which the Court told them could not be had for the Lieutenant of the Tower would be sure to keep That to indemnifie himself and it was not in their power to oblige him to deliver it then they acquiescing with the pleasure of the Court the Kings Counsel ordered the VVitnesses to be Sworn the first of which was Mr. Brathwaite one of the Clerks of the Council who swore that the Paper he then produced in Court was the same Paper that was delivered him by Mr. Gwin another of the Clerks of the Council who was sent to search the Earls Papers on the 2 of July at which time he was Committed and That he delivered it into the Possession of Mr. Secretary Jenkins not permitting any before to have it in their Possession from the time it was delivered to him Next Mr Secretary Jenkins gave Evidence That he knew it to be the same Paper that was delivered to him by Mr. Brathwaite Then Mr. Gwin being Sworn Declared That he being sent by Order of Council to search the Earls Papers and having received the Keys of his Closet found the said Paper amongst several others in a Velvet Bag and afterwards put it into a Trunk with the rest of the Papers and by the Earls Order set his own Seal upon it and caused it to be brought to the Council Chamber Then the Court gave Order for the Reading the said Paper which was done accordingly the Substance of it being That there had of a long time been and now was a Hellish PLOT carried on by the Papists to destroy the Protestants and Introduce Popery and Arbitrary Goverment and that it was Countenanced Abetted and Incouraged by J. D. of Y. who having most of the Places of Preferment and Trust as well Ecclesiastical as Civil at his own disposal he disposed of them to whom he pleased to the great strengthning of his Party and Incouragment of the Papists whose hopes solely depended on him and that the often Prorogations and Dissolutions were occasioned by reason they endeavoured to hinder this Inundation of Popery That the said D. had wasted the Ammunition and Treasure of the Nation and that they were resolved to have a Bill passed to expel him the Kingdom and Exclude him from the Succession