Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	day_n	speak_v	time_n	11,715	5	3.7591	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

Being asked whether all the Witnesses were Examined before the Commitment He answered he did not know whether all or no but several of them were but how many he could not tell Then Booth was call'd for by the Jury but not appearing they said a Tipstaff was gone for him which gave occasion to Sir Samuel Barnardiston to ask whether he was a Prisoner or no to which the Attorny General replied yes for debt But at length he appeared and being asked what time it was that he had the discourse with my Lord Shaftsbury and where He answered at his own House a week or ten days before the Parliament sate at Oxford Being asked who was present he answered no body but my Lord and himself When he was asked how often he had been there he said five or six times Being asked how long it was after my Lord spoke the words before he discovered them he said seven Weeks Being asked whether he was Examined before his Commitment He answered No. Being asked to whom he gave his Information He answered to the Lords of the Council And being asked by whom he conveyed his Information He answered by Bains and whether he knew any more of my Lords Guard of 50 men then Captain Wilkinson He answered no. Then Turbervil was called and asked who was present when my Lord spoke those words to him He answered one of the Servants that used to dress my Lord and no body else by that he doth remember Being asked when it was that my Lord spoke the Words He saith the sixth of February to the best of his remembrance in the Morning Being asked how long t was before he discovered it He answered the 4th of July after Being asked to whom the Information was given He said to Mr. Secr. Jenkins Being asked whether my Lord was committed before or after his Information He said he could not be positive but he beleived before John Smith was called and asked whether he did not use to go by the name of Barry To which he answered he had gone by several names and so do all Popish Priests Being asked what Religion he was of he said he was a Protestant Being ask'd how long he said many a year Being asked when he was converted he said he was first a Protestant then perverted to the Popish Religion and then turn'd Protestant again Being ask'd when he receiv'd the Sacrament he said three months ago Being ask'd when he gave his Evidence first and to whom he thinks after the Commitment but is not positive and he gave it into Secretary Jenkins Bernard Hains being ask'd when he gave in his Information and to whom he answered to Secretary Jenkins just before my Lord was committed Being asked whether he gave in an Information of a design against my Lord of Shaftsbury and to whom he answered he did to Sir George Treby and being asked when he answered in March and being asked when my L. Shaftsbury spoke these words he answered a little before he made that Affidavit to Sir George Treby John Macnamarra being asked when he had this discourse with my L. Shaftsbury he answered the latter end of March or the begining of April Being asked when he gave this Information in he said before his Commitment and being ask'd to whom he said to Sir Lionel Jenkins Being asked whether he did petition the Common Council he owned that he signed a Petition but said he knew not what was in it But Mr. Papilion inform'd the Court that they did suggest themselves in that Petition that they were tampered with to be suborn'd and therefore prayed relief from the City Denis Macnamarra being ask'd how he came to my Lord he said by his Brother Being asked when it was he said the latter end of March or the beginning of April Being asked who was with him he said only Mr. Ivy and his Brother Being ask'd when he gave in his Information he acknowledged it to be before the Earls Commitment Being asked to whom he answered to Secretary Jenkins Edward Ivy being asked what time he had this discourse with the Earl he said a little after the sitting of the Parliament at Oxford the latter end of April or the beginning of May. Being asked who was by he said both the Macnamarra's only Being asked when and to whom he gave his Information he answered before my Lords commitment and to Secretary Jenkins Bernard Denis being asked when my Lord spoke the words answered four or five dayes after the Parliament was dissolved at Oxford Being asked when he made the Information and to whom he saith to Sir Lionel Jenkins in June Being asked why he concealed it so long he saith because he was in the City Being asked whether ever he went about his four hundred men in Ireland he saith he did advise them to be ready Being asked what Religion he is of he saith a Ptotestant ever since February last The last eight being every man of them asked severally and apart upon their particular Examinations where my Lord spoke this Treason they all say he spoke the Treason in his own house except Brian Hains who saith that at another time he heard him speak Treason in Iron-monger Lane And being all asked whether they have heard him speak any other Treason in any other Place or at any other time than is in their particular Examination set forth they all answered that they did not And being all particularly interrogated further whether they had any thing as a present Reward or any allowance from any Person for the swearing against the E. of Shaftsbury They all answered No. Upon the whole matter twenty of the Jury Mr. Tho Parker being sick and excused for what reasons he that reads this Information may easily gather brought in the Bill IGNORAMUS And now Reader take this as the substance of what was at the Old Baily more fully transacted and out of it observe for the Vindication of the Grand Jury in bringing in the Bill Ignoramus that the Lord Cheif Justice Pemberton did upon the Grand Juries Request that the Court would inform them upon what Statute the E. of Shaftsbury was Indicted declare that it was upon 13 Car. 2. Cap. 1. By which it is Provided that no Person or Persons by Virtue of the said Act shall incur any of the Penalties therein before mentioned unless he or they be prosecuted within six Months next after the Offence committed and Indicted thereupon within three Months after such Prosecution any thing in the said Statute to the contrary thereof in any wise notwithstanding And if you please to examin the time in which the Witnesses swear the E. of S. spoke the said Treasonable Words it will appear that though he was prosecuted within six Months after the speaking of the same yet he was not Indicted within three Months after the Prosecution and if so by the particular Provision of that Law cannot incur the Penalties inflicted by it which if granted as it cannot well be denied the Grand Jury must have done very ill to bring in Billa Vera this Law being a general Law of which they amongst the rest of the Kings Subjects are bound to take notice But besides that 't is very plain if you please to observe it that there is a flat Contradiction in the Testimony of John Macnamarra Dennis Macnamarra and Edward Ivy for upon the Grand Juries Examination of them apart altho in their first Examination in Court they swear the words at the same time and place c. yet the said John and Dennis Macnamarra swear the words spoken by the E. of Shaftsbury at his own house the latter end of March or the beginning of April and Edward Ivy swears them spoken the latter end of April or the beginning of May and yet all agree that the words were spoke but once and then in the presence of all three But I shall inlarge no further but leave the Reader to make his own remarks least I should be thought to call in question the Loyalty and Integrity of perhaps the most able judicious and honest Juries that has been of late years returned in the City of London or elsewhere and if thou art as well pleased in the reading as I have been in the observing of these things it will be no small satisfaction to Philonomus FINIS

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