people have no claim of Property or Right in themselves or any thing else for he hath now declared that the peoples choice cannot give any man a Right to sit in Parliament but the Right must be derived from his gracious Will and Pleasure with that of his Councellors and his Clerks Ticket only must be their evidence for it Thus hath he exalted himself to a Throne like unto God's as if he were of himself and his power from himself and we were all made for him to be commanded and disposed of by him to work for him and serve his Pleasure and Ambition A little after there is an Instance of Chief-Justice Tresilian who was executed at Tyburn in the time of Richard the Second for advising the King that he might at any time dissolve the Parliament and command the Members to depart under the penalty of Treason Divers other Protestations were contained in that Instrument against the Arbitrariness and Tyranny of that proceeding and in conclusion they declare they will 〈◊〉 â—…t their complaints before the Lord against their powerful Oppressors hoping he will redeem his people out of the hands of wicked and deceitful Men. This protestation was signed by One hundred and seventeen persons whereof Sir Anthony Ashly Cooper the present Earl of Shaftesbury was one and many others of great Loyalty and Integrity some whereof are since dead and others still alive in great Honour and Office By this may be easily discerned the Opinion he had of the Illegal and Arbitrary proceedings of O. C. and how much of the sufferings of the Loyal Party would have been prevented had that point of a free Parliament been then gained His Majesties Restauration must have been the natural consequence of it The constant correspondence he always kept with the Royal Party and that almost to the hazard of his Life and Family are sufficient Testimonies of his sincerity to his Masters Interest and Service His House was a Sanctuary for distressed Royalists and his correspondence with the Kings Friends though closely managed as the necessities of those times required are not unknown to those that were the principal managers of His Majesties Affairs at that time This made that great Politician O. C. so apprehensive of this great Assertor of his Countries Rights and Opposer of Arbitrary Government and Enthusiasm that though his vast Abilities were known at least to equal the ablest Pilot of the State yet we cannot find him amongst the Creatures of his Cabinet or Council nor amongst the Eleven Major Generals to whom the Care of the Nation was committed No their Principles their Aims and Designs were incompatible one was for Subverting the other for Maintaining the Antient standing Fundamentals of the Nation which once dissolved it were impossible but an universal Deluge of Confusion Blood and Rapine must ensue This made our brave Patriot with divers of the Heroick English Race to the utmost oppose the growth of a Protectorian Power So that we find Sir Anthony Ashly Cooper accused before the Parliament in the year 1659. for keeping Intelligence with the King and for having provided a Force of Men in Dorsetshire to joyn with Sir George Booth in attempting to restore and bring His Majesty that now is to His Rightful Throne Many persons of great note were imprisoned on the account of this Plot and amongst the rest Sir Anthony Ashly Cooper who though at that time one of the Commissioners of the Army and a Member of the House of Commons yet was complained of to the Parliament for a great Manager of the Design and although no man knew better how to obviate the Reasons of the House and plead his own Cause yet was with great difficulty cleared and discharged of that Imputation by the House of Commons The Eyes of the great States-men were so much upon him that he was one of those Loyal Persons mentioned by Baker in his Chronicle whereof the Council of State was composed in which List we find General Monk to be the foremost and that Council the Chronologer calls men of Integrity and well affected to Kingly Government And he that will but consider how soon His Majesties Restauration ensued upon the Election of this Council will have good reason to be of the same Opinion And in the 673 page we find him to be one of the Nine of the Old Council of State who sent that encouraging Letter to the said General to promote his undertaking for the Advantage of the Three Nations Again we find him in the List of that Council of State consisting of Thirty Nine upon whom an Oath was endeavoured to be Imposed for the Abjuration of the Royal Line but by the Influence of Sir Anthony Ashly Cooper and General Monk upon Coll. Morly that Oath was opposed in Council as being a snare and against their Consciences This was strongly pleaded by the Soberer part of the Council whereof this great Patriot was one and so an end was put both to that Oath and to the Council Nor is it in the least unknown to persons then in being how much his Advice influenced the Councils of those times He was the person that was particularly singled out of the whole Council by Commissary Clargis in Novemb. 1659. and had communicated to him a dangerous Design tending to Involve the Nation in further trouble which this Honourable person imparted to the Council of State This-was that great Council that complied with General Monk in that great Revolution of Restoring His Majesty And if that great Action were the occasion of a candid construction put on all the former Actings of the General why they should not have the same Candour for this Noble person I think none can determine His Employment at this time was in places of the highest Trust and Importance an undeniable Testimony of the great Opinion the then great Mininers had of his Loyalty as well as known Ability for the Management of the then Intrieate and close Designs A further prospect will be taken of his Concurrence with Gen. Monk in that Important Juncture if we remember that his Regiment was one of the first that declared for the Parliament and General Monk in March 165â—… So zealous was he in putting all his strength to the turning the great Wheel of State At the time of His Majesties Restauration as a most signal Testimony of His Majesties good Sentiments of his former Actions he was Advanced to be one of the first Rank in His Majesties most Honourable Privy Council and was placed above His Majesties Royal Brother the Duke of Gloucester and even Gen. Monk himself whom His Majesty used to call his Political Father And about three daies before His Majesties Coronation he was in the Banquetting-house created Baron Ashly of Wimbourn St. Giles's and another addition of Honour was conferred on him viz. Lord Cooper of Paulett And at last in the year 1672. he was made Earl of Shaftesbury at the same time when Duke Lauderdale
my Lord Shaftesbury's Closet to which Mr. Gwin replied that there was nothing Mr. Secretary Jenkins witnessed that that was the Paper he had of Mr. Blithwayt Some things I am forced for brevity to omit My Lord Chief Justice said Now it appears this was the Paper taken in my Lord Shaftesbury's Closet And the Paper was Read which contained the words of that commonly called The Form of an Association When it had been Read Sir Fâ—…n Withins said This Paper was very plausibly penn'd in the 〈◊〉 and runs a great way so but in the last clause but one there they come to perfect Levying of War for they do positively say They will obey such Officers as either the Parliament or the major part of them or after the Parliament is Dissolved the major part of them that shall subscribe this Paper shall appoint The Foreman of the Jury enquired what Date that Paper was of and whether there were any hand to it to which Sir Francis answered that it was after the Bill for Exclusion of the Duke of York for it says that way failing they would do it by force as to the having a name to it Sir Francis said there was none at all The rest of the Evidence were John Booth John Macknamara Edward Turbervill Dennis Macknamara John Smith Edward Joye Bryan Haynes Bernard Dennis Booth deposeth That in January last he was introduced into my Lord Shaftesbury's acquaintance by Captain Henry Wilkinson in order to get a Commission and Plantation in Carolina That the first time he went to my Lord there was my L. Craven and Sir Peter Colliton who are of the Proprietors of that Collony that after this acquaintance he had been there between Christmas and March four or five times and that he found great difficulty in his Accession to his Lordship who was cautious of what company were admitted to him that the said Earl used to inveigh sharply against the Times and look upon himself as not so valued nor respected nor in those Places and Dignities as he expected seemed discontented Particularly that the Earl of Shaftesbury should say that the Parliament would never grant the King Money nor satisfie him in those things that he desired unless he first gave the People satisfaction in those things that they insisted on before and particularly the Bill of Excluding the Duke of York from the Crown Another was the Abolishing the Statute of the 35th of Elizabeth The third was giving his Royal Assent for the passing a New Bill whereby all the Dissenting Protestants should be freed from those Penalties and Ecclesiastical Punishments that they are subject to by the present Establish'd Law That he had Established fifty Gentlemen persons of Quality that he believed would have men along with them that they were to come to Oxford at such a time that if there were any Violence offered to any of the Members by the King's Guards or the Retinue of the Court that then these men with others that other Lords had appointed should repel his force by greater force and should purge the Guards of all the Papists and Tories that Captain Wilkinson was Intrusted with the Command of these men and that these men should be ready to Assist himself and those of his Confederacy to purge from the King those Evil Councillors that were about him That particularly there were named the Earl of Worcester Lord Clarendon Lord Hallifax Lord Feversham Lord Hide which persons were lookt upon to be dangerous and gave the King Evil Advice That those Lords should by Violence be taken from the King and the King brought to London where those things should be Establisht which they designed for their Safety in those two Respects for the preserving the Protestant Religion and likewise for the defending and keeping us safe from Arbitrary Power and Government And likewise that the said Booth had provided Arms and a good Stone-Horse for himself and Arms for his Man before the Parliament Sate at Oxford That the Thursday before the Parliament was Dissolved Captain Wilkinson told him he expected that very week to be called up to Oxford with those men that were Listed with him but Saturday bringing News of the Dissolution of the Parliament it had no further Effects This was the most material of what Booth said for being straitned in Room I am forced to render it as short as I can Turbervil declared That about the beginning of February waiting on my Lord Shaftesbury to have his advice how he might come by some Monies and to gain his Lordships Letter in his behalf to the President of the Council the Earl should say there was little good to be expected from the King as long as his Guards were about him that his Lordship should say the Rabble about Wapping and Aldersgate were of that side that the rich men of the City would vote for Elections but it could hardly be expected they should stand by them in case of a disturbance for they valued their Riches more than their Cause and that at Oxford he had heard the Earl say he wondred the People of England should stickle so about Religion if he were to chuse a Religion he would have one should comply with what was apt to carry on their Cause Smith said that one time being sent for by my Lord Shaftesbury by one Captain Manly his Lordship should tell him that Mr. Hetherington had told him he was afraid the Irish Witnesses would go over to the Court Party and retract what they had said formerly that he advised him to persuade them not to go near that Rogue Fitz-Girald that great Villain that is pampered up and maintain'd by the King and the Court party to stifle the Plot in Ireland and that the Earl had further said That if the King were not as well satisfied with the coming in of Popery as ever the Duke of York was do you think the Duke of York would be so much concerned for the bringing in of Popery as he is That a little before my Lord went to Oxford he should tell the said Smith there were great preparations made and a great many gathered together upon the Rode be tween London and Oxford and Smith asking his Lordship what it might mean my Lord should answer that it was only to terrifie the Parliament to comply with the Kings desire which he was sure the Parliament would never do That they were now more resolute than ever That they clearly saw the Kings aim was to bring in Popery That they had the Nation for them and might lawfully oppose him and he would meet with very strong opposition for that all that came out of the Country should be well Hors'd and armed and so they should all be That the City had resolved to bear the charge of their Members and send so many men to wait on them and that he would be hang'd before he would ever bring in Popery or any thing of that nature Bryan Hains deposed that among
the Earl of Arlington and the Lord Clifford were promoted To his happy Councils do both King and Kingdom owe for the happy Conduct of things for divers years so that now he seemed to be incorporate into the heart of his Prince the Events of his Advices were commonly agreeable to what he at first proposed so that it may be said of him as was spoken of Polibius that as Scipio so the King seldom miscarried in any thing that was carried on by his Advice so that at length he seemed to be the Royal Oracle In fine such was the Opinion which his wise Administration had gained that as he sate in one of the highest places in his Masters favour so he was preferred to the highest Trust of Honour in the Kingdom he was made Chancellor of the Exchequer and afterwards Lord High Chancellor of England about the beginning of the Year 1672. Now was the Kings Conscience as it were entrusted to his care and management this was the highest Orb a Subject was capable to move in but with what Sagacity Honour and Integrity he acquitted himself in that great Employment the Transactions of the Court of Chancery at that time can best witness Justice ran in an equal channel the cause of the Rich did not swallow up the Rights of the Poor he that was oppressed found Relief and the Oppressor a Rebuke suitable to his crime the usual delays of that Court were much abated and all the Transactions thereof were managed with the greatest Judgment and Equity As an Instance of his constant adhering to the Interest of his Master and the commune Bonum or Weal of the publick you may take a copy of his Thoughts from that excellent Speech made by him in favour of the Subject in the Exchequer Jan. 24. 1673. at Baron Thurland's taking the Oath a copy whereof follows Mr. Serj. Thurland The King of his Grace and Favour hath made choice of you to be one of the Barons of the Exchequer he designed to place you in a Court of more profit though not of more Dignity but your own Modesty and Virtue hath chosen this Court where you thought you could serve the K. best And I could not omit to mention it here to your Honour it being the greatest Instance of a good man that he had rather be found serviceable than rich His Majesty hath had large proof of your former services besides he takes you upon the credit of that Recommendation that hath justly the best place with him I mean his Royal Brothers Some few things it is fit I should here mention to you and leave with you as Admonitions or rather Remembrances In the first place you are to maintain the Kings Prerogative and let not the Kings Prerogative and the Law be two things with you For the Kings Prerogative is Law and the principal part of it and therefore in maintaining that you maintain the Law The Government of England is so excellently interwoven that every part of the Prerogative hath a broad mixture of the Interest of the Subject the ease and safety of the people being inseparable from the greatness and security of the Crown In the next place let me advise you that you acquaint your self with the Revenue as also with the ancient Records Precedents and Practices of this Court for want of which knowledge I have seen this Court a most excellent Common Pleas when at the same time I could not say so much for it as an Exchequer In the third place let me recommend to you so to manage the Kings Justice and Revenue as the King may have most profit and the Subject least vexation Raking for old Debts the number of Informations Projects upon Concealments I could not find in the 11 years Experience I have had in this Court ever to advantage the Crown but such proceedings have for the most part delivered up the Kings good Subjects into the hands of the worst of Men. There is another thing I have observed in this Court which I shall mind you of which is when the Court hearkens too much to the Clerks and Officers of it and are too apt to send out process when the Money may be raised by other ways more easie to the people I do not say that the Kings Duty should be lost or that the strictest course should not be taken rather than that be but when you consider how much the Officers of this Court and the Undersheriffs get by process upon small summs more than the Kings Duty comes to and upon what sort of people this falls to wit the Farmer Husbandman and Clothier in the Country that is generally the Collector Constable and Tythingman and so disturbs the industrious part of the Nation you will think it fit to make that the last way when no other will serve Give me leave also to mind you of one thing more which is in your Oath That the Kings needs ye shall speed before all other that is the business of the Revennue of the Crown you are to dispatch before all other and not turn your Court into a Court of Common Pleas and let that justle out what you were constituted for In the last place let me conclude with what concerns all my Lords the Judges as well as you let me recommend to you the Port and way of Living suitable to the Dignity of your place and what the King allows you There is not any thing that gains more Reputation and Respect to the Government than that doth and let me tell you Magistrates as well as Merchants are supported by Reputation His particular Application to prevent any misunderstanding between the King and his Parliament is very obvious to any that shall but look into his Speeches to the Parliament during his Chancellorship and with how great concern he still vindicated his Masters Actions He acquitted himself in all the great Emergencies of this High Employment with that universal Applause and satisfaction as seldom happens to men in such an envied station The vilest of his Detractors not being able to fasten any Imputation upon his conduct in those great and weighty Trusts he was advanced to So little of self appeared in his Actions that it may be modestly affirmed of him he made his own Interest strike sail to the publick and his care for others seemed more than for himself and at the time of his highest Elevation he would not neglect the meanest Suitors that applied themselves to him Thus having gradually traced the Advancement of this great Minister to the highest pitch of Honor where he appeared sicut Luna inter Stellas minores I shall now take notice of his Relinquishment of that High Employment and what other contingencies have happened to him since About November 1673. His Majesty was pleased to send for the Lord Chancellor to White-Hall where he resigned the Great Seal of England to His Majesty and was dismist from being Under-Treasurer of the Exchequor which place was conferred on
Siâ—… John Duncomb In the Afternoon of the same day the Earl of Shaftesbury was visited by Prince Rupert with divers other great Lords at Exeter House where they gave his Lordship Thanks for his Faithful and Honourable Discharge of that great Employment Thus this mighty Minister who had to the universal satisfaction of all good Men been raised to that degree of Interest in his Masters favour without a murmur laid all his Honours at his Masters Feet and was observed not to abate of the chearfulness of his Temper upon the loss of his honorary Employment I shall conclude this part with a touch of this Earl's Character which saith His choice Sagacity Strait solv'd the Knot that subtle Lawyers tied And through all Foggs discern'd th' oppressed side Banish'd delays so this noble Peer Became a Star of Honor in our Sphere A needful Atlas of our State c. The 16th of Feb. 1676. The Honourable Earl of Shaftesbury was sent a Prisoner to the Tower by Order of the House of Lords There were at the same time committed the E. of Salisbury and the L. Wharton The Form of the Warrant for their Commitment was as followeth Ordered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of His Majesties Tower of London His Deputy or Deputies shall receive the Bodies of James Earl of Salisbury Anthony Earl of Shaftesbury and Philip Lord Wharton Members of this House and keep them in safe Custody within the said Tower during His Majesties pleasure and the pleasure of this House for their High Contempts Committed against this House And this shall be sufficient Warrant on that behalf To the Constable of the Tower J. Browne Cler. Par. The 27th and 29th of Jan. 1677. The E. of Shaftesbury was brought to the King's-Bench-Bar upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower where the Council for the Earl prayed that the Return might be filed and the Friday following appointed for Debating the sufficiency of the Return and my Lord was remanded until that day On Friday the Earl was brought into Court again and his Council argued the Insufficiency of the Return After Mr. Williams Mr. Wallop Mr. Smith had shewed divers weighty Reasons in behalf of the Earl that that Court might relieve him they were opposed by the Solicitor General and the Attorney General who brought divers Instances why that Court could not discharge a person Committed by Parliament whereupon the Earl of Shaftesbury is said to have spoke to this purpose My Lords I did not intend to have spoken one word in this business but something hath been objected and laid to my Charge by the King's Council Mr. Attorney and Mr. Solicitor that enforceth me to say something for your better satisfaction They have told you that my Council in their Arguments said That this Court was greater than the House of Peers which I dare to Appeal to your Lordships and the whole Court that it was never spoken by them I am sure it was not by any direction of mine What is done by my Council and by me is that this is the most proper Court to resort unto where the Liberty of the Subject is concerned The Lord's House is the Supream House of Judicature in the Kingdom but yet there is a Jurisdiction that the Lord's House does not meddle with The King's Council hath mentioned as a wonder that a Member of the Lord's House should come hither to diminish the Jurisdiction of the Lords I acknowledge them to be Superiour to this or any other Court to whom all Appeals and Writs of Errour are brought and yet there are Jurisdictions that they do not Challenge and which are not natural to them or proper for them They claim not to meddle in Original Causes and so I might mention in other things and I do not think it a kindness to any Power or Body of Men to give them some Power that is not natural or proper to their Constitutions I do not think it a kindness to the Lords to make them Absolute and above the Law for so I humbly conceive this must do if it be adjudged that they by a General Warrant or without any particular Cause Assigned do Commit me or any other man to a perpetual and indefinite Imprisonment And my Lords I am not so inconsiderable a person but what you do in my Case must be Law for every man in England Mr. Attorney is pleased to say I am a Member of the Lord's House and to lay weight on the word Member It is true I am one of them and no man hath a greater Reverence or Esteem for the Lords than my self but my Lords I hope my being a Peer or a Member of either House shall not lose my Priviledge of being an English man or make me to have less Title to Magna Charta or the other Laws of English Liberty My Opinion is not with one of my Council who argued very learnedly that the Passing an Act by the King 's Royal Assent can make a Session because the usual promise was not in it It was without any Instruction of mine to mention that point The King's Council tells your Lordships of the Laws and Customs of Parliament and if this were so I should submit but this Case of mine is primae Impressionis and is a new way such as neither Mr. Attorney nor Mr. Solicitor can shew any President of and I have no other Remedy or place to Apply to than the way I take Mr. Attorney confesseth that the King's pleasure may Release me without the Lords If so this Court is Coram Rege this Court is the proper place to determine the King's pleasure This Court will and ought to Judge of an Act of Parliament void if it be against Magna Charta much more may Judge an Order of the House that is put in Execution to deprive any Subject of his Liberty And if this Order or Commitment be a Judgment as the King's Council affirms then it is out of the Lords hands and properly before your Lordships as much as the Acts which were lately Passed which I presume you will not refuse to Judge of notwithstanding that the King's Atorney General saith this Parliament is still in being I take it something ill that Mr. Attorney tells me I might have Applied elsewhere My Lord I have not omitted what became my Duty toward the King for besides the Oath of Allegiance I took as a Peer or an English man there is something in my Breast that will never suffer me to depart from the Duty and Respect that I owe him but I am here before him he is alwaies supposed to be here present and he alloweth his Subjects the Law My Lord They speak much of the Custom of Parliament but I do affirm there is no Custom of Parliament that ever their Members were put out of their own Power and the Inconveniencies of it will be endless Mr.
Shaftesbury answered to this Effect My Lords I have presumed to present two Petitions to this Honourable House the first your Lordship mentions I do again here personally renew humbly desiring that I may be admitted to make that Submission and Acknowledgement your Lordships were pleased to Order And that after a Twelve-months close Imprisonment to a man of my Age and Infirmities your Lordships would pardon the folly or unadvisedness of any of my words or actions And as to my second Petition I most humbly thank your Lordships for acquainting me with the Resolution and Declaration in that point and though Liberty be in it self very desirable and as my Physician a very Learned man thought absolutely necessary to the preservation of my Life Yet I do profess to your Lordships upon my Honour that I would have perisht rather than have brought my Habeas Corpus had I then apprehended or been informed that it had been a breach of the Priviledge of this Honourable House It is my Duty it is my Interest to support your Priviledges I shall never oppose them My Lords I do fully acquiesce in the Resolution and Declaration of this honourable House I go not about to justifie my self but cast my self at your Lordships Feet acknowledg my Errour and humbly beg your pardon not only for having brought my Habeas Corpus but for all other my VVords and Actions that vvere in pursuance thereof and proceeding from the same Errour and Mistake One Blany was then called into the House who had delivered a paper to the Lord Treasurer Danby pretending to give a relation of some words spoken by the E. of Shaftesbury in the Court of Kings-Bench at the time when he moved for his Habeas Corpus but though this whole Transaction were no longer since than the last Trinity Term yet the said Mr. Blany could not affirm that what was written in the said paper was in part or whole really spoken by the Earl of Shaftesbury so that the Lord Treasurer being able to make nothing of Mr. Blany's paper which was a hard case the House of Lords proceeded to a Resolution in what form the Earl of Shaftesbury should make his submission and acknowledgment which being drawn up in words importing much the same with what the Earl had before declared which being read to him by the Lord Chancellor the Earl of Shaftesbury repeated the same at the Bar of the House and then his Lordship withdrew The House then ordered that the Lords with white staves should wait upon His Majesty to give His Majesty Account that the House had received satisfaction from the Earl of Shaftesbury in the matter of the Habeas Corpus and the other contempt for which he stood committed and are humble Suitors to his Majesty that he would be pleased to discharge him from his Imprisonment And that their Lordships do acquaint the House to morrow what they have done in this matter Die Martis 26 Feb. 1677. The Lord Treasurer reported to the House That the Lords with white slaves had waited on his Majesty according to the Order of this House To which His Majesty was pleased to give this answer That he will give Order for the Earl of Shaftesburys discharge Thus was this great heat whereby some of this worthy Peers Enemies thought then to blast his Loyalty and Integrity and endeavoured to foment the disgusts of the House against him at last extinguished and the Earl a little after saw this Parliament first prorogued and soon after dissolved Now was that Diabolical Plot of the Jesuits and Papists discovered by the great care and fidelity of Dr. Titus Oats which convinced both the King Lords and Commons and all the Nation in General of a damnable treasonable popish design to murther our Protestant King with the chiefest of the Nobility and Gentry and to reduce a Protestant Church to Romish Idolatry and the State to a Catholick slavery The seventh of March 1678. A Parliament met at Westminster and chose the Honourable Edward Seymour Esq their Speaker who had been Speaker of the last long Parliament This Parliament did like noble English Patriots endeavour to give check to the bloody popish Designs on foot and passed many excellent Votes for that purpose many Members acquitting themselves in their Speeches like Men of high sense of the Miserie 's the Nation was like to be involved in This House carried up the Impeachment to the House of Lords against William Earl of Powis William Viscount Stafford Henry Lord Arundel of Wandour William Lord Peters and John Lord Bellasis for High Treason and other high crimes and misdemeanours But this having been at large published to the World in divers other prints with divers Instances how this Noble Peer was personally struck at in that hellish Design I shall refer the Reader for more full satisfaction to the several Narratives and Discoveries of the popish Plot printed by Authority And shall now come to give you an Account of a Speech said to be delivered by this Honourable person in the House of Lords on the 25th of the Instant March Anno 1679. You are appointing of the consideration of the State of England to be taken up in a Committee of the whole House some day the next vveek I do not know how well what I have to say may be received for I never study either to make my Court vvell or to be popular I always speak what I am commanded by the dictates of the Spirit vvithin me There are some other considerations that concern England so nearly that vvithout them you vvill come far short of Safety and Quiet at home VVe have a little Sister and she hath no Breasts vvhat shall vve do for our Sister in the day vvhen she shall be spoken for If she be a VVall vve vvill build on her a Palace of Silver if she be a Door vve vvill inclose her vvith Boards of Cedar VVe have several little Sisters vvithout Breasts the French Protestant Churches the tvvo Kingdoms of Ireland and Scotland the foreign Protestants are a VVall the only VVall and Defence to England upon it you may build Pallaces of Silver glorious Pallaces The protection of the Protestants abroad is the greatest povver and security the Crovvn of England can attain to and vvhich can only help us to give check to the grovving Greatness of France Scotland and Ireland are two doors either to let in good or mischief upon us they are much weakned by the Artifice of our cunning Enemies and we ought to enclose them with Boards of Cedar Popery and Slavery like two Sisters goe hand in hand somtimes the one goes first somtimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an Illustrious Nobility a Gallant
to them the dangers that threaten your Majesties Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the sudden growth of a foreign Power unto which no stop or remedy could be provided unless it were by Parliament and an Union of your Majesties Protestant Subjects in one mind and one Interest And the Lord Chancellour in pursuance of your Majesties commands having more at large demonstrated the said dangers to be as great as we in the midst of our fears could imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would certainly be lost if a speedy provision was not made against them And your Majesty on the 21st of April 1679. having called unto your Council many Honourable and Worthy Persons and declared to them and to the whole Kingdom That being sensible of the evil effects of a single Ministry or private Advice or foreign Committee for the general Direction of your Affairs your Majesty would for the future refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament your Majesty was hereafter resolved to govern the Kingdom We began to hope we should see an end of our Miseries But to our unspeakable grief and sorrow we soon found our expectations frustrated the Parliament then subsisting was prorogued and dissolved before it could perfect what was intended for our relief and security And tho another was thereupon called yet by many prorogations it was put off till the 21st of Octob. past and notwithstanding your Majesty was then again pleased to acknowledge that neither your Person nor your Kingdom could be safe till the matter of the Plot was gone through It was unexpectedly prorogued on the 10th of this Month before any sufficient Order could be taken therein All their just and pious Endeavours to save the Nation were overthrown the good Bills they had been industriously preparing to Unite your Majesties Protestant Subjects brought to nought The discovery of the Irish Plots stifled The Witnesses that came in frequently more fully to declare that both of England and Ireland discouraged Those foreign Kingdoms and States who by a happy conjunction with us might give a check to the French Powers disheartned even to such a despair of their own security against the growing greatness of that Monarch as we fear may enduce them to take new Resolutions and perhaps such as may be fatal to Us the Strength and Courage of our Enemies both at home and abroad encreased and our selves left in the â—…tmost danger of seeing our Country brought into utter desolation In these extremities we had nothing under God to comfort us but the hopes that your Majesty being touched with the groans of your perishing People would have suffered your Parliament to meet at the day unto which it was prorogued and that no further interruption should have been given to their proceedings in order to their saving of the Nation But that failed us too so then we heard that your Majesty had been prevailed with to dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in safety but will be daily exposed to the Swords of the Papists and their Adherents of whom too many are crept into your Majesties Guards The Liberty of speaking according to their Consciences will be thereby destroyed and the validity of all their Acts and Proceedings consisting in it left disputable The straitness of the place no way admits of such a concourse of persons as now follows every Parliament The Witnesses which are necessary to give Evidence against the popish Lords such Judges or others whom the Commons have impeached or had resolved to impeach can neither bear the charge of going thither nor trust themselves under the protection of a Parliament that is itself evidently under the power of Guards and Souldiers The Premises considered We your Majesties Petitioners out of a just abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful apprehensions of the calamities and miseries that may ensue thereupon do make it our most humble Prayer and Advice that the Parliament may not sit at a place where it will not be able to act with that freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the people and have ever had unless impaired by some Awe upon them of which there vvants not precedents and that your Majesty would be Graciously pleased to order it to sit at Westminster it being the usual place and where they may consult vvith Safety and Freedom And your Petitioners c. Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Essex Shaftesbury Mordant Ewers Paget Grey Herbert Howard Delamer In October during the Session of the last Parliament it is very remarkable that Francisco de Faria Interpreter to the Portugal Ambassadour amongst other high matters relating to the popish Plot gave it in his Information at the Bar of the House He declared that the said Ambassador had tempted him to kill the Earl of Shaftesbury by throwing a Hand-Granado into his Coach as he was passing the Rode into the Country And about the 20th of Novemb. one Zeal being called to the Bar of the House delivered his Information at the Bar the purport whereof was this That being a Prisoner in the Marshalsea Mrs. Cellier came divers times to him and treated with him not only to be Instrumental himself but to procure others to Assist him to fire His Majesties Ships as they lay in the Harbour as also to swear against the E of Shaftesbury such Artâ—…es of High Treason as she should get ready prepared for him or to that purpose To sum up the many various Methods and Waies that were devised and put in execution to cut off the Life of this Noble Peer would be Task enough to fill many Volumes The Jesuites next to the Attempting His Majesties Life set all their Inventions and Engines on work to make away the Earl of Shaftesbury he was the Beam in their Eye the Clog that hindered the motion of their Curst Designs What have they not attempted that might render him distastful to the King throwing the foulness of their own Treasons upon him as appears by the Deposition of Brian Haines before the Council in Octob. 1681. That David Fitz Girald told the said Brian Haines that he the said Fitz Girald possessed His Majesty and had given it under his hand and Seal that the late Plot was a Presbyterian Plot and Invented by the Right Honourable Anthony Earl of Shaftesbury on purpose to Extirpate the Family of the Stuarts and dethrone his present Majesty and turn England into a Common-wealth or else set the Crown upon the Earls own Head with more to this purpose of which we shall have occasion to make farther mention when we come
to the Tryal of the said Earl and shall therefore now hasten to the Meeting of the Parliament at Oxford where Business of as high nature was agitated as ever came before the consideration of a Parliament no less than the preservation of the King's Majesty the Protestant Religion and the good people of England all which were now as much as ever Invaded by the Bloody Designs of the Papists This Parliament met the 21th of March 1681. in the Convocation-House at Oxford The House of Lords Sare in the Geometry School where was a Throne and State Erected for His Majesty in which His Majesty being Seated in His Royal Robes declared himself to both Houses to the Effect following That the unwarrantable Proceedings of the last House of Commons were the reason of his parting with them for that he who would never use Arbitrary Government himself would not suffer it in Others That whoever calmly considered the Assurances he had renewed to that last Parliament and what he had Recommended to them His Forein Alliances the Examination of the Plot and the Preservation of Tangier and reflect upon their unsuitable Returns might rather wonder at his Patience than that he grew weary of their Proceedings that it was his Interest and should be his Cause as much as Theirs to Preserve the Liberty of the Subject the Crown not being safe when that is in danger That by Calling this Parliament so soon he let them see that no Irregularities of Parliament should make him out of love with them by which means he gave them another opportunity to provide for the Publick Security and had given one Evidence more that he had not neglected his part That he hoped the ill Success of former Heats would dispose them to a better Temper That as for the further prosecution of the Plot Trial of the Lords c. he omitted to press them as being obvious to consideration and so necessary for the Publick Safety But desired them not to lay so much weight upon any One Expedient against Popery as to determine that all other were ineffectual That what he had so often declared touching the Succession he should not recede from But that to remove all reasonable fears that might arise touching the possibility of a ` Popish Successor if means could be found out that in such a case the Administration should remain in Protestant hands he should be ready to hearken to any such Expedient by which Religion might be secured and Monarchy not destroyed Lastly He advised them to make the known and Establisht Laws of the Land the Rule and Measure of their Votes The 22th the Commons having chosen their Speaker presented him to His Majesty in the Lords House Little beside was done until the 25. when the House considered an Act for Repeal of the Act 35 Eliz. which had passed both Houses in the last Parliament but had not been tendered to His Majesty for his Royal Assent A conference was desired with the Lords as to matters relating to the constitution of Parliaments in passing of Bills Another Message was ordered to be sent to the Lords to put them in mind that the Commons had formâ—…ly by their Speaker demanded Judgment of High Treason at their Bar against the Earl of Danby and therefore to desire their Lordships to appoint a day to give Judgment against him the said Earl upon the said Impeachment The same day the Examination of Edward Fitz-Harris relating to the popish Plot was read in the House upon which the said Examination was ordered to be Printed the said Fitz-Harris to be impeached at the Lords Bar and a Committee appointed to draw up Articles against him But the House of Lords rejected the Impeachment of Mr. Fitz-Harris whereby a stop was put to their proceedings And on the 28th in the morning the Commons were sent for to the House of Lords where His Majesty told them That their Beginnings had been such that he could expect no good success of this Parliament and therefore His Majesty thought fit to dissolve them And my Lord Chancellor having declared them dissolved His Majesty came the same night to White-Hall I must beg the Readers pardon if he think I have in this Relation deviated from my Theam which was the Earl of Shafton but nothing of a popish Plot hath been yet brought upon the stage wherein he hath not been level'd at he certainly knowing how destructive the Interest of the Papists is to the Government and People of England hath set himself to the hazard of his Life and Family to oppose them The next thing that appeared on the Booksellers stalls was a paper with this Title The Protestation of the Lords Upon rejecting the Impeachment of Mr. Fitz-Harris giving for Reasons why it was the undoubted Right of the Commons so to do because great Offences that influence the Parliament were most effectually determined in Parliament nor could the complaint be determined any where else For that if the party should be indicted in the Kings-Bench or any other inferiour Court for the same offence yet it were not the same suit an Impeachment being at the suit of the People but an Indictment at the suit of the King Besides that they conceived it to be a denial of Justice in regard that the House of Peers as to Impeachments proceeding by vertue of their Judicial not their Legislative Power could not deny any suitor but more especially the Commons of England no more than the Courts of Westminster or any other inferiour Courts could legally deny any suit or criminal cause regularly brought before them Signed according to the Printed Copy by the following Peers Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Sunderland Essex Shaftesbury Maclefield Mordant Wharton Paget Grey of Wark Herbert of Cherbury Cornwallis Lovelace Crew Finding the Earl of Shaftesburys Name amongst the other Noble Peers and Patriots I thought it not improper to insert the copy in this place it being the last Act of that great Man upon the publick stage For since that time he hath rather been passive as will further appear by the remaining Discourse We shall only remember that at his return from Oxford the Earl left a massy piece of Plate as a Gift to Baliol Colledg as also did that Heroick Prince James Duke of Monmouth which will be to posterity a Testimony of their Magnificence and Bounty And now to return to what remains for the finishing this Tragical story I shall mention only what is already printed either in Captain Wilkinson's Information Colledg's Trial or else is matter of Fact or set forth in the Trial of this great Peer himself Only I cannot omit that on the 15th of Aug. 1681. Mrs. Fitz-Harris gave a deposition upon Oath that her Husband a little before his Execution not only told her what great offers he had made him if he would at first have charged that Infamous and Treasonable Libel for which he was after executed on this worthy Peer
and the Lord Howard but that he also advised her to do it as the only means to save his Life though he protested at the same time that they were wholly innocent She likewise deposeth that a certain Gentleman whose Name shall be for born assured her that she should have what summs of Money she pleased if she would accuse the Earl of Shaftesbury and Lord Howard as the Authors of the said Libel But they have tampered with so many on the account of this baffled Design that it 's impossible but their consults should take wind especially when we consider they were a people that either to supply their necessities or feed their ambition or more probably through an irresistible Fatality had blab'd and discovered the very Arcana of Holy Mother and had spoke so unseasonably just in her â—…ip that they had spoiled her Game What security could the Romish Sophisters have but that these crackt Vessels would prove as leaky again when under the force of a Temptation But they had such a Modly of Evidences as is almost comical to consider There were the Mac's and the Mounsieur's the Midwife and the Priest the skipkennel and the Newgate-Birds the Justice and the Bog-trotter the Counte s and the Kitchin Wench No discourse was heard among them But Captains places Deanries Rewards Gratuities Preferments and as much Money as you will They were advanced from Bonny-Clapper to Clarett and Frontineack from Torneps and Oat cakes to Oysters Pheasants from Brogues and Bandle to Velvet and Cloath of Silver They discoursed of his Majesty as if they had been of his Council and of his great Ministers as if had been their Confederates But there hath been so much said of these upon Depositions taken before divers of the Magistrates of the Nation that I shall take no farther notice of them before I proceed to Captain Wilkinson's Information only insert one passage of David Fitz-Girald and it was given in upon Oath by Mr. E. E. who hath approved his Loyalty to the King upon many occasions and in divers difficult and tempting Instances his Deposition was That David Fitz-Girald told him he would swear Treason against the Earl of Shaftesbury and procure others to do the like and that if he would second him in the said Accusation he should be highly considered Such was the Impudence of this wretched man not only to seek the Lives of the Innocent and to reflect upon his superiours but to procure and suboâ—… mercenary Souls to involve themselves in the same cursed and Diabo lical Designs Captain Wilkinson was a Gentleman that had always espoused the Royal Interest and hazarded his Life and Fortune in the service of his Prince but having not had that success that a brave and industrious man might expect he applied himself to the Proprietors of Carolina to obtain an Employment in that Country and upon that score had a promise of the Lord Shaftesbury in consideration of his great sufferings for His Majesty of a considerable and honourable Employment there but was unfortunately made a Prisoner in the Kings-Bench for Debt before he could enter upon that Employment of which he gives a satisfactory account in his Information a breviate of which take as follows from the Printed Narrative This person being known to be under very ill Circumstances and in some measure acquainted with the Earl of Shaftesbury they thought very proper to work over to their design for could they have obtained it his Evidence having been a person of a standing credit would have struck deeper than all the Mac's about the Town Therefore on the 8th of Octob. 1681. one Walter Bains came to him at the Kings-Bench Prison and after some infinuating discourse told him that he could not but know much of the Lord Shaftesbury's Designs against the King and that he might do well to discover it to him that he had an Interest with the Lord Hyde and had lately been with Mr. Graham by which it seems the Captain apprehended what was the meaning of his kindness but constantly asserted that he knew nothing of my Lord Shaftesbury's Designs against His Majesty but had cause to believe the said Earl loves his Majesty for that he was always pleased to shew the Captain Respect upon account of his services to the King Mr. Bains continued his importunities on the same Subject to the Captain until near night and then left him full of great assurance and promises to see him in few daies not much questioning the Captains knowledge of the Earls Design W. Narrat On the 11th of the same month one Booth came to him upon the same design and after much discourse told the Captain he had now an opportunity to do himself a greater kindness than ever for he might have either 10000 l. or 500 l. per Annum settled on himself or his Heirs if he would but discover what he knew of the Lord Shaftesbury and his Design in changing the Government to a Common-wealth and witness against him He further told him now was the time to do something that would advance him for it must now be a King or a Common-wealth much more was then urged to induce the Captain to it to which he gave such Answers as might encourage Booth to go on with his Proposals In the mean time the Captain imparts this Affair to another person in the King's-Bench and desired him to put it in writing lest he should be tempted with what offers were made that in such case if he should ever declare that he knew any thing of a Design against the King by the Lord Shaftesbury that then this person should witness the Truth against him the said Captain and further that the Captain would still give the said person a full account of all Negotiations about that Affair Mr. Booth told him he must appear at Court and he should have an assurance of a Reward from some persons of Honour the Captain told him he would not trust any Courtier he knew for a Groat W. Narrat On the 12th of Octob. they were at the Captain again and plied him with Wine and good words to work upon him to come in a Witness against the L. Shaftesbury telling him he might be assured of what he desired from the E. of H. and the L. H. He told them if they would give him 20000 Guinys towards his own and his friends losses by Injuries sustained he would discover what he knew but still said he knew nothing of any Design by my Lord Shaftesbury Much more was transacted in this matter as is more at large set forth in the Captain 's Information But at length they came on the 15th day with a Warrant which the Marshal shewed him whereby he was compelled to go to Whitehall In a short time after his coming thither he was conducted to Mr. Secretary Jenkins's Office where was also my Lord Conway who very fairly and honestly interrogated him concerning what he knew about my Lord
Shaftesbury and of any Design against His Majesty he gave the same Answer to them as he had done to the former Attackers that he knew nothing great Arguments were used but he could give no satisfactory Answer as he conceived was expected In a little time His Majesty came into the Office and was pleased to say to the Captain that His Majesty knew him well that the Captain had served his Father and His Majesty faithfully and he hoped the Captain would not decline his Obedience To which the Captain answered that he never deserved to be suspected His Majesty was pleased further to tell him he had not had the opportunity to serve his Friends but hoped he might His Majesty was pleased to promise to consider him for his sufferings Then after an excellent Exhortation in which His Majesty told him that the kindness was intended was not with design to speak a word but Truth it self and if he knew the Captain or any other person did he would never endure them His Majesty demanded what he knew of a Design against his Person and Government he answered he knew nothing of any Design against His Majesties Person or Government that he admired why one that had so faithfully served His Majesty and Royal Father both in England and beyond Sea and was so Instrumental to His Majesties Restauration should be suspected But some persons had possessed His Majesty that the Captain was deep in some Design against the Government and knew much of my Lord Shaftesbury At length after much pressing His Majesty told him if he would say As he hoped to be saved he knew nothing of any Design against his Person that then His Majesty would believe him which the Captain having said in the very words His Majesty seemed to be much surprized at it and left him to the management of the Secrery who used such Arguments as he thought fit At last the Captain declared that he knew his Duty to his Soveraign and would never draw his Sword against him but could freely do it against some of the Court who were Enemies both to His Majesty and his Friends So he was taken into another Room where were His Majesty Lord Chancellor Lord Hallifax Lord Hide two Secretaries of State and Lord Chief Justice Pemberton Mr. Graham Booth and Baines were present My Lord Chancellor would not believe but that he must be guilty of knowing great things against the Lord Shaftesbury he told them if he could not be believed on his word there if they pleased to bring my Lord Shaftesbury to his Tryal he should declare in open Court upon his Oath what his knowledge was without any hopes of gain or Advancement the Lord Chancellor wittily replied there were two sorts of Advancements and he was like to come to his own Tryal first before the Lord Shaftesbury My Lord Chancellor demanded if he had no Commission for this New Service against His Majesty to which the Captain answered No. Then the Chancellor told him he was to have a Troop to consist of Fifty Men the Capt. said that was a small Troop he hoped if ever he had Command of a Troop it should be a better than that But the Captain desired to know who gave that Information The Lord Chancellor told him Mr. Booth who was by and Listed under him Captain Wilkinson desired Booth to tell him whether he had given this Information upon Oath Booth answered Yes and it was true At all this the Captain was not concerned so much doth glorious Innocence triumph over the Forgeries and Impious Designs of Evil men and out-braves them even in Death it self That which is very observable in Captain Wilkinsons Information is That at that very time when Booth had sworn he was to have commanded a party of Horse at Oxford his whole Family Wife Children and Servants making about the number of 37 persons were all on Board his Ship bound for Carolina and all lying at his proper charge but when he thought himself most in readiness for his intended Voyage he found himself strangely entangled that he could not stir some Debts he was bound for for others and more of his own fell upon him and he was committed to the Kings-Bench which put a stop to the designed Voyage and he hath often since concluded there was a Divine hand in it I have thought it proper to insert in this place the Testimony of Major Jervas James whose Loyalty and Integrity to his Majesty hath been sufficiently known having most faithfully and as a true Subject served His Majesty both beyond the Sea and at home and declares is still ready with all chearfulness when his Majesty shall please to command him to serve him to the last drop of his Blood He acknowledgeth himself a Son of the Church of England as is it by Law established and hath without scruple taken the Oaths of Allegiance and Supremacy He stiles the acquaintance he hath with so deserving a person as Captain Wilkinson a great Happiness and acknowledgeth himself obliged to him for so timely entrusting him with so notable a secret being a stranger to the said Captain which trust Major James lookt upon as a great Adventure and the Discovery to endanger the Lives both of the Earl of Shaftesbury and Captain Wilkinson He likewise declares before God and Man that he believes all the Captains Information to contain nothing but the truth of what he had from Booth Bains and Mr. Graham For he lent him the convenience of his Chamber to write the whole business and saw him write it with his own Hand as may also be witnessed by Mr. Robert Bennet who is an Officer in Leaden-Hall-Market and transcribed it for the Captain He hopes his Majesty is and will be well satisfied that those who faithfully and truly serve His Majesty and his Subjects are the persons both to be believed and relied upon and desires that this may have credit according to its Truth and Reality both in the heart of his Majesty and all his loyal Subjects The Information of Jervas James Gentleman I Jervais James Gentleman do declare that the above named Captain Henry Wilkinson came to me upon Tuesday the 11th of Octob. 1681. in the Evening and did then and likewise every day from time to time afterwards make me acquainted with the several Treaties and Transactions between him the said Captain Henry Wilkinson and Mr. Booth Mr. Bains and Mr. Graham and the several other Persons in this his Information mentioned and that they were the very same in substance with what he hath herein set forth declared for at his Request for my own satisfaction I kept a daily Journal during the time of their Treating All which shall be attested upon Oath when required This forementioned Information was published by Captain Henry Wilkinson during the time of my Lord Shaftesbury's confinement in the Tower and was of very great use to satisfie all loyal and honest minded men of the base
and detestable practices of those evil minded persons against his Life and in how dreadful a condition would the Nation have been if through the means of these or such like Witnesses the guilt of shedding Innocent Blood should have been drawn upon us where would the rage of the Papists have ended had they succeeded in this their horrid attempt Aboâ—…t the 29th of July 1681. the Right Honourable Anthony Earl of Shaftesbury was apprehended at his own House by a Serjeant at Arms and carried before the King and Council and after some Examination he was committed to the Tower upon a charge of High Treason the Right Honourable the Lord Howard having been committed before upon an Information that he had assisted in contriving Mr. Fitz-Harris's Libel and Stephen Colledg and Mr. Rouse having likewise been committed about the 25th of the same Month. It is said that some days after his Lordships commitment that as he was taking the Air in the Tower meeting accidentally with one of the popish Lords he was asked by him what his Lordship did there and that they little thought to have had his good companâ—… to which the E. of Shaftesbury replied that he had lately been very ill of an Aguâ—… and was come there to take some Jesuits Powder It was said thaâ—… during the whole time of his Lordships consinement in the Tower he appeared to be very chearful and that many times he assumed a Courage and Vivacity beyond what could have been expected from a person labouring under such violent pains and diseases as is well known his Lordship is frequently troubled withal And now that we may not omit to you with what other Methods and Designs they endeavoured to fasten the black Hellish figure of a Traitor on this loyal Peer it will not be improper to take notice of a passage in the Trial of Mr. Fitz Harris where Mr. Everard upon Oath affirms that Mr. Fitz-Harris had told him that horrid Libel was to have been fathered upon the Protestant Nonconformists and when Collonel Mansel had deposed that Sir William Waller had said the design of Fitz Harris's Libel was against the Protestant Party Mr. Attorney General replied we believe it The Protestant Party And how far this Peer was to have been concerned in that will further appear if we take in what Sir William Waller affirmed at the said Trial that Mr. Fitz-Harris had told him there were two Parliament Men which frequented my Lord Shaftesbury's whom his Lordship did not suspect that came and sounded him and then returned to the French Ambassadour and acquainted him with all they could discover On Thursday the 24th of Novem. 1681. the great Affair for which the Lord Shaftesbury was committed to the Tower was tried at the Sessions House at the Old Bayly It may be excusable if we be the more particular and large in this matter and insert so much of the said Trial as may be needful to satisfie the World of the fairness and equity of the Proceedings of the Kings Court in that Affair and we shall be somwhat the larger because all persons into whose hands this Book may come may not have seen what was printed of that Trial. The Grand Jury that were to make enquiry both in behalf of the King and the Earl were persons of unstained Loyalty and Integrity and persons so considerable for their Estates and â—…ortunes that such a Jury hath seldom been empanelled upon the like occasion The Names of the Grand Jury were as followeth Sir Samuel Barnardiston John Morden Thomas Papillion John Dubois Charles Hearle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepheard John Flavâ—…l Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall The Oath You shall diligently enquire and true presentment make of all such Matters Articles and Things as shall be given you in charge as of all other Matters and Things as shall come to your own Knowledge touching this present service The Kings Council your Fellows Council and your own you shall keep secret you shall present no person for Hatred or Malice neither shall you leave any one unpresented for Fear Favour or Affection for Lucre or Gain or any hopes thereof but in all things You shall present the Truth the whole Truth and nothing but the Truth to the best of your knowledg So help you God My Lord Chief-Justice gave a large and learned charge to the Jury wherein he first opened to them the Nature of their Commission and the extent of it which reached to all Offences whatsoever against the Law of the Land as Treasons Misprisions of Treasons c. He told them he would at present acquaint them with the nature of those Bills they were then like to be troubled with and their Duty concerning that Enquiry He told them they were matters of High-Treason a crime of the greatest and highest nature that could be committed against man other crimes as Fellonies Riots 〈◊〉 and 〈◊〉 of that nature 〈◊〉 〈◊〉 â—…ders and troubles in a State oâ—… 〈◊〉 dom but he told them 〈◊〉 struck at the Root and Life of 〈◊〉 It tended to destroy the very Government King and Subjects and the Lives Interest and Liberties of all and therefore haâ—…â—…een always looked upon as a crime of the mâ—…st notorious nature that caâ—… be whatsoever and accordingly Puâ—…shments have been appointed â—…or it of the highest and severest extremity He told them our Ancestors thought it Wisdom to enact and declare what should be accounted Treason and enumerated several Acts of that nature at length he came to an Act made the 13. of this present King That if any one should câ—…pass imagine or intend the Death of the King or his Destruction or any bodily harm that should tend to his Death or Destruction or any maiming or wounding his Person any Restraint of his Liberty or any Imprisonment of him or if any should design or intend to Levy any War against him either within the Kingdom or without or should design intend endeavour or procure any Forein Prince to Invade these hâ—…s Dominions or any other of the King's Dominions and should sâ—…gnifie or declare this by any Writing or by any Preaching or Printing or by any advised malicious speaking or words this shall be High Treason He told them the Intention of Levying War was not Treason before this Act unless it had taken Effect and War had been actually Levyed and then as to the Designing and Compassing the King's Death that was not Treason unless it was declared by an Overt Act As to the Imprisoning or Restraining the Liberty of the King they of themselves were not High Treason but now by this Law they were made so during His Majesties Life and the very designing of them whether it take Effect or no though it be prevented before any Overt Act by the timely Prudence of the King and his Officers though it should be
timely prevented that there is no hurt done yet the very Design if it be but uttered and spoken and any waies signified by any Discourse that this was made Treason by this Act. Formerly it was said and said truly That words alone were not Treason but that since this Act words that import any Malicious Design against the King's Life or Government any Traiterous Intention in the Party such words are Treason now within this Act. Then as to the Indictments that were to be brought before them he advised them to consider 1. Whether the matter contained in them and which were to be given in Evidence were matter of Treason within the former or the latter Act of Parliament and if they doubted they were to enquire of the Court and they should be directed as to matter of Law And they were to examine whether the matters Evidenced to them were Testified by two Witnesses for without two Witnesses no man could be Impeached within those Laws If one man should swear to words that importâ—… 〈◊〉 〈◊〉 〈◊〉 Dâ—…sign or Intention 〈◊〉 〈◊〉 〈◊〉 time and in one place and another Testifie to Traiterous words spoken at another time and another place that these were two good Witnesses which had been solemnly resolved by all the Judges of England upon a solemn occasion 2. That they were to enquire whether upon what Evidence should be given them there should be any reason or ground for the King to call the persons to account if there were probable ground it was as much as they were to enquire into He urged pretty much to this purpose and then told them Compassion or Pity was neither their Province nor his that there was no room for that in Enquiries of such a nature that it was reserved to a Higher and Superiour Power from whence theirs was derived Therefore he required them to consider such Evidence 〈◊〉 should be given them and prayed God to direct them in their Enquiry that Justice might take place Then a Bill of High â—…son reason was offer'd against the E. of â—…esbury and Sir Francis Withcâ—… moved that the Evidence might be heard in Court Then the Lord Chief Justice told the Jury that the King's Council desired and they could not deny it that the Evidence might be publickly given and prayed them to take their places and hear the Evidence that should be given The Jury desired a Copy of their Oath which the Court granted and then withdrew after some time they returned and then the Clerk called them by their Names Then the Foreman gave the L. C. J. an account that it was the Opinion of the Jury that they ought to Examine the Witnesses in private and it hath been the constant practice of our Predecessors to do it and they insisted upon it as their Right to Examine in private because they were bound to keep the K's Secrets which could not be done if the Examination were in Court Whereupon the L. C. J. told 'em that perhaps some late usage had brought them into that Errour that it was their Right that the Witnesses were alwaies sworn in Court and surely he said Evidence was alwaies given in Court formerly That it was for their advantage as well as the King 's that nothing might be done clandestinly that by their keeping Counsel was meant keeping secret their own private Debates To which the Foreman replied That he begg'd his Lordships pardon if he were in a mistake The Jury apprehend they were bound by the very words of their Oath to Examine in private for it says They shall keep the King 's Secrets and their own Counsels That there could be no Secret in publick Then Mr. Papillion spoke to this purpose That they had heard that what had been the Custom of England had been the Law of England and if it had been the Antient Usage and Custom of England that had never been altered from time to time Divers other Arguments were used on both sides but at last the Court denied a private Examination then the Foreman told the Court that the Jury desired it might be Recorded that they had insisted upon it as their Right but if the Court over-ruled it they must submit This was likewise refused by the Court. Then Sheriff Pilkington desired that the Witnesses might be put out of Court and called in one by one but he was refused it and told it was not his Duty And Mr. Attorney General said he appeared against the King However it was afterward granted to the Jury Then was Read the Indictment against Anthony Earl of Shaftesbury for High Treason against His Majesty which being too long here to insert we are forced to omit The Jury desired a â—…ist of the Witnesses Names but they were told they would have them Endorsed on the back of the Indictment when that was delivered to them Then the Foreman acquainted the Court that the Jury desired a Copy of the Warrant by which the Earl of Shaftesbury was Committed because there might several Questions depend upon it But my Lord Chief Justice answered That was not in the power of the Court to grant for that it was in the hands of the Lieutenant of the Tower which he kept for his Indemnity and they could not demand it of him upon any terms Then Mr. Papillion moved that they might hear what the Witnesses had to give in Evidence one by one and that after the Jury might withdraw to consider what proper Questions to ask them and after might come down again which the Court granted Then all the Witnesses were ordered to go out of the Court and to be called in one by one This done Will. Blithâ—… Esq was produced and a Paper delivered in Mr. Blithwayt gave account that that Paper was put into his hands by Mr. Gwin Clerk of the Council who had seized it amongst others in my Lord Shaftesbury's house and that he had took that and others out of a Velvet Bagg which Mr. Gwin had lockt up in the great Trunk Then Mr. Gwin testified that he had the great Hair Trunk in my Lord Shaftesbury's house when he was sent there to search for Papers by Order of the Council the second of July my Lord as soon as he came there delivered him the Keys and said He would seal them up with his own Seal but afterwards sent Mr. Gwin word if he pleased he might put his own Seal that he had taken a note how he had parted several parcels of Papers that there were several sorts of them in the great Hair Trunk and there was a Velvet Bag into which he had put some Papers that were loose in my Lord's Closet above Stairs that he had put his Seal upon the Trunk and being sent another way had put it into the Custody of Mr. Blithwait The Lord Chief Justice asked Mr. Gwin whether all the Papers in the Velvet Bag were in my L. Shaftesbury's Closet and whether there was nothing in that Bag but what he had taken in
could that he knew nothing more than he had deposed To Questions asked of Bernard Dennis he answered to this purpose That he had this discourse in April 4 or 5 days after the Parliament was dissolved at Oxford In March after the Parliament was dissolved at Oxford that it was at his own House that Mr. Shepheard a Gentleman of my Lords was there and some of his Pages but he could not tell whether they heard any thing that my Lord did not whisper that he made this Information in June before my Lord was committed that he gave it to Secretary Jenkins that he concealed it so long because he continued so long in the City That he had been a Protestant since February that he had the Discourse with my Ld. in his own Chamber the great Chamber he knew not whether it was called the Hall or the Parlor that he knew nothing more but what he had declared that he could not tell whether all his kindred were Papists but most were Then the Jury took up the Statute Book and in short time came down and returned the Bill Ignoramus At which the People gave a great shout the Attorney General desired it might be recorded this hollowing and hooping in a Court of Justice The Witnesses had several times declared they were in danger to be stoned by the People upon which the Sheriffs guarded them with a strong guard as far as Temple-Bar Nov. 28. 1681. His Lordship the E. of Shaftesbury was brought up from the Tower to the Bar of the King's-Bench upon Habeas Corpus and several persons of Honour offering themselves for Bail his Lordship prayed the Court that some friends and relations of his own might be accepted which was accordingly granted The same time Mr. Wilson a Gentleman belonging to the E. of Shaftesbury who had been committed to the Gate-house for Treason during his Lordships Confinement in the Tower was discharged upon Bail And a Proclamation was Issued out for preventing of Bonfires it not being thought fit that people should be encouraged in their triumphs on that occasion tho many considerable Towns and Cities in the Country upon the news of the discharge of his Lordship and the Lord Howard proclaimed their Congratulations by Bells and Bonfires During the time of the Earl of Shaftesburies Confinement many made it their buisiness to detract and vilipend him 't was the mode among some to drink his Health with a Pendulum at a Hempen string to call him Tonâ—… Tapskin and King of Poland c. a man could hardly be admitted to drink a glass of Wine without casting some of it in his face After this great Tryal the Right Honourable the Earl of Shaftsbury as it 's said arrested one Baines one of the Witnesses against him on a Writ of Conspiracy and had likewise Booth a Prisoner in the Kings-Bench with a Writ of the same nature intending to do the like with other the Aspersours of his Honour and Loyalty One Mr. Graham of Staples Inn and Mr. Craddock of Pater-Noster-Row were Arrested about Decemb. on an Action of Scandalum Magnatum at the Suit of the said Earl Monday Feb. 14. 1681. My L. Shaftesbury my L. Howard appearing in Westm. Hall it being the last day of the Term and there being nothing to be charged against them they were discharged together with Mr. Wilmore and Mr. Whitaker May 4. 1682. being the first of the Term a motion was made by the Council for Mr. Craddock who we said had been Arrested by the Right Honourable the E. of Shaftesbury and a Declaration was delivered that the E. intended to come to Tryal that Term. Mr. Craddock's Council moved that the great Intimacy betwixt his Lordship and the Sheriffs and Inhabitants of London might influence the Jury and therefore prayed the Court that the Trial thereof might be orderdered in another County The Court ordered Friday following for his Lordship to shew cause why it might not be Tryed by an Indifferent Jury of another County On the Friday his Lordship himself appeared in Court and declared he would not oppose the making the Rule absolute for he desir'd it should be Tryed by an Indifferent Jury only desired to have it Tryed that Term The Defendant's Council still pressed the changing of the Venire that it might arise out of some other County and that they could have such Affidavits as would induce the Court thereunto The Court ordered the Monday following to file the Affidavits that my Lord's Council might have notice May 12. The Council for Mr. Graham made a motion in Court to the same purport as Mr. Craddock's Council had done After which his Lordship declared That if he could not have the Liberty of a Subject to lay his Action in what County he pleased he would remit it until such time as he had further considered it Thus have we faithfully given you an Account of the most Remarkable Occurrences relating to this great Peer unto this time Afterwards he lived at his own house in â—…ldersgate-street and continued there until the beginning of this present Novemb. when it is said he Embarqued for the Brill and hath since his Arrival received great Testimonies of an Honour and Respect suitable to the Character of so great and known a States-man whose Fame is not only celebrated in the Court of Holland but amongst all the States-men in Europe FINIS