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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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the Evidence were brought in one by one to be Examined to such particulars as the Jurors should think fit and ordered to answer the same without any Repartees or hasty Replies the Court declaring That they believed the Gentlemen of the Jury such as they would not ask them any thing but what was convenient and to the purpose Booth being called and set up he was demanded upon what account he came to have such Discourse with the Earl he said by being introduced by Wilkinson and upon his recommendation that he was a man fit for such service Then being asked whether he was Listed he replyed yes and that he had procured him a Stone-horse and furnished himself with other necessaries Then he was asked whether he had not been Condemned for Clipping and whether he had obtained his Majesties Pardon to the latter he answered in the Affirmative but as to the former he said he was not bound to declare Then being asked whether he was a Minister in Orders or whether he had a Benefice he said he had one formerly but not at present and as to his being in Orders it was nothing to the matter in question These and many such like questions were demanded as to time and place when and where such discourse should happen to which as he said as far as he could charge his memory he answered and being asked why he had not made the Discovery sooner he said he thought not to do it at all for that he thought it was a matter too ponderous for him to carry on alone but when he found there were other Witnesses to the same purpose he thought it time to reveal his knowledge Dennis Macknamarra being cross Examined and several questions put to him where the Earl did speak such and such words he said in his Dining-room at his own house in Aldersgate-street then was he asked where his Dining-room stood he replyed Up one pair of stairs on the right hand and in that as the Jury observed he was mistaken for the Dining-room at his said House is right forward below stairs Being asked whether any body was by when the words were spoke or whether they were spoke aloud or whispered he said there was no person by and that he spoke it alowd but the Jurors perusing their Notes sound some variation as to that particular the words were that the Earl of Shaftesbury should say He would take the Crown off the Kings Head and put it upon his own and so reduce the Kingdom to a Republick John Smith being asked whether he went or had not gone by any other Name he replyed That he being a Popish Priest was forced to make use of sundry Names for his own security which was the usual way of all Popish Priests then being demanded who induced him to give his Information he said no body he did it voluntarily without the least incitation thereto and that he delivered it to Mr. Secretary Jenkins Then Bernard Dennis being brought in he was examined or rather interrogated upon the Evidence he had before given as indeed they were all The Jury asked him how he came to be so well acquainted with the Earl of Shaftsbury He said Upon the account of the design that was carrying on and that he had had several Conferences with his Lordship alone and that he had told him the People of Ireland were hardly dealt withal and that under the Government of a Commonwealth they should live far better or to that purpose Then being demanded whether he had been in Ireland to speak to his Kindred he had formerly mentioned he said He had made some of them acquainted with what was intended Being asked whether he was to find them Arms he said No he was not in a condition to do any such thing Upon these and such-like Questions were the rest interrogated who affirmed that they had given their Informations voluntarily and without any compulsion to Mr. Secretary Jenkins and that they had no prejudice against the Earl but did it upon the account of their Conscience Some of them being demanded whether in any other places or at any other time than what they had mentioned they had heard the Earl speak any treasonable words to which they answered No not as they remembered Upon the full hearing of the Witnesses aforesaid about eight hours were spent whenas the Court summing up what had been sworn the Jury went out to consider of the Evidence When upon some of the Witnesses complaints to the Court that the People had abused them and they went in danger of their lives the Lord Chief Justice ordered the Sheriffs at their peril to secure them with a sufficient Guard through Temple-bar and then they were out of the City for if they came to any harm they should answer it or to that effect Whereupon the Officers of both Compters were sent for to attend with their Javelings who accordingly came and received them under their protection yet could they scarcely defend them from the fury of the Rabble who run after the Coach in which they were calling them Tories Bogtrotters and the like and in Fleet-street endeavoured to pull them out of the Coach c. After the Jury had considered the Evidence about the space of an hour and half they returned and delivered the Bill to the Clerk who after he had asked them whether they were all agreed and content that the Court should mend any matter or false Latine altering no manner of substance without their privity he told the Court That it was found IGNORAMVS Upon which Mr. Attorney General prayed the Jury might be recorded Upon the Bill's being so returned there was such a Shout not onely in the Court but in the Yard that there was no hearing any word for the space of a quarter of an hour When the noise being pretty well stilled the Court demanded whether they did not think the words Treason they answered they did but could not credit the Evidence or to that effect And after some other words had passed the Court Adjourned till the Fifth of February next One thing more is to be observed the shout beginning in the Sessions-house was carried quite through the City in less than an hours time and within two hours afterwards Bonfires were made in most streets of the City and Liberties The Bells rung in some places and the Rabble obliged the Coachmen to put off their Hats to the fires and say God bless the Earl of Shaftesbury a thing which has not been known upon any such occasion November 28. 1681. THis being the last day of the Term the Right Honourable Anthony Earl of Shaftsbury William Lord Howard Baron of Escrick Mr. John Wilmore and Mr. Edward Whittacre were brought from the Tower of London by the Lieutenant and a Guard of Halberts in order to their being Bailed according the Act of the 13th of his present Majesty Whereupon Mr. Williams moved the Court in the behalf of the Earl and satisfied them that Mr Attorney General had be●n waited upon on that occasion whenas the Warrant of his Commitment for High-Treason dated the second of July was read and ordered to be filed After which his Lordship insisted upon being set at liberty without giving in Bail saying That he had had hard measure and had been falsely scandaled by having such things laid to his charge as he was altogether ignorant of But the Court declaring that they could not set him at liberty without his giving Bail his Lordship nominated his Grace the Duke of Monmouth Sir William Cooper Sir John Sidnam Francis Charlton Esq who were bound severally in the Penalties of 1500 l. a piece and his Lordship in the sum of 3000 l. to appear the first day of the next Term and not to depart without leave of the Court. Next the Lord Howard's two Warrants of Commitment for High-Treason were read being dated the 14th of June and ordered to be filed His Lordship alleadged that he ought to have had the benefit of the last Term there being a Bill preferred against him but the Court told him they could take no notice of that by reason it was withdrawn Then his Lordship named his Bail which were the Right Honourable the Earl of Kent the Lord Glare the Lord Gray and the Lord Herbert the penallsums being exactly as the former Then Mr. John Wilmore's Warrant of Commitment being read and ordered to be filed Mr. Attorney declaring he had nothing against him his Bail were called into Court whose names are as followeth James Rawlings William Jacob Nicholas Grigson and Alexander Probe who were bound in ●500 l. apiece and himself in 3000 l. Then Mr. Edward Whittacre whose Warrant of Commitment being read and filed as the former produced his Bail viz. John Jekins Zachariah Bourn Samuel Smith and Thomas Wicks being all bound in the aforesaid Penalty for him to appear the first day of the next Term and so die in diem till the said Bail should be discharged Upon my Lord Howards Mr. Wilmores and Mr. Whittakres refusing to pay such Fees as the Lieutenant demanded he complained to the Court but they told him he must take his course at Law they could not oblige them to pay it unless they were willing Upon which my L. Howard said That he knew no such Fees due as was demanded nor would he pay them unless they appeared due upon Trial and offered to give an Appearance which being accepted he nominated Mr. R. Goodenough his Attorney The like did Mr. Wilmore But Mr. Whittacre being an Attorney of the Common-Pleas the proceedings against him were referred to that Court. After this Samuel Wilson was brought from the Gate-house and bailed accordingly London Printed for Roger Evens 1681.
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