Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	sir_n	thomas_n	191,434	5	9.6258	5	true

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

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 LONDON Printed for H. Jones 1681. At the Sessions at the Old Bayly on Thursday November the Twenty fourth 1681. held by Commission of Oyer and Terminer within Term. THE Commission being read the Pannel of the Grand Jury was read over which was as follows Sir Samuel Barnardiston Baronet John Mordant Esq Thomas Papillon Esq John Dubois Esq Charles Herle Edward Rudge Humphrey Edwyn John Morris Benjamin Godfrey Edmond Harrison Joseph Wright John Cox Matthew Gardiner excused Samuel Swynock excused Thomas Parker Leonard Robinson Thomas Sheppard John Polixfen out of Town John Flavell Michael Godfrey John Smith Joseph Richardson William Empson Andrew Kenrick John Lane Esq John Gardiner excused John Hall William Ashhurst Esq John Ellis Esq John Deagle Thomas Weston out of Town Andrew Bonnel Gabriel Whitley Thomas Carpenter Laurence Baskervill Marwood Denby Peter Houblon The Gentlemen that were sworn of this Jury were Twenty one whose Names are as follows Sir Samuel Barnardiston Baronet Foreman John Mordant Esq Thomas Papillon Esq John Dubois Esq John Herle Edward Rudge Humphrey Edwyn John Morris Edmond Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Sheppard John Flavell Michael Godfrey William Empson Andrew Kenrick Joseph Richardson John Lane Esq John Hall After they were sworn the Lord Chief-Justice Pemberton gave them their Charge which was to this effect That they were met here in one of the most Solemn Assemblies of this Nation That it was for the Execution of Justice upon Ossenders if found Guilty That the nature of the Commission whereby the Commissioners sate and the Grand Jury were summoned doth extend to all Offences whatsoever Treasons Misprisions of Treasons Felonies and all other Crimes and Offences against the King and Government in short all that are called Pleas of the Crown all these he told them fall under the Cognisance of the Commissioners and the Inquiry of the Grand Jury but did acquaint them That there was a particular Occasion for the Issuing out of the Commission at this time His Majesty having received an Information That there were some evil and most Traiterous Designs against His Person and Government He did therefore think fit to have a due Examination of them that so the Persons might be brought to condign Punishment if found guilty thereof He did farther acquaint them That they must not expect any Formal Charge from him he expecting that they had received their Directions before they came for that it had been the common Usage for the Grand Jury to be sworn and receive their Charge before His Majesties Justices came upon the Bench but since he found it otherwise he should not make any set formal Charge nor give any Account of all the Offences that fall under the Inquiry of the Grand Jury by such a Commission at Common Law neither must they expect that he should acquaint them with all the Crimes that they might inquire of but that it would be sufficient to tell them the particular Matter of which they were then to inquire and their Duty concerning that Inquiry He told them that he had hinted at first that they were Matters of High Treason which is a Crime of the highest nature that can be committed against Man That other Crimes as Felonies and things of that nature may make Disorders and Troubles in a State or Kingdom but that Treasons strike at the very Root and Life of all and are that which destroys the Government and therefore have in all Ages been looked upon as Crimes of the highest nature that can possibly be imagined and accordingly Punishments have been allotted to them of the greatest Severity He did further acquaint them That at the Common Law there were great variety of Opinions about Treason and that there had been many Disputes what was Treason and what was not and therefore it was thought fit by the Wisdom of our Ancestors to make a Law to declare what should be Treason which was done by the 25 Edw. 3. By that Law for any one to compass or imagine or intend the Death of the King for he told them he would mention no more of that Statute than was agreeable to the present purpose and to declare it by Overt-act as to levy War against the King and the like is declared among other things to be High Treason which Law hath obtain'd for Law amongst us ever since and that nothing had been accounted Treason but what was expressed in it unless upon some emergent Occasion and instanc'd in the Laws made in the time of Queen Elizabeth upon the occasion of that inveterate Malice that the Roman Catholicks bore her and likewise in that Law of the 13th of His now Majesty for the making whereof he told them the Parliament had great grounds as they declare in the Preamble of that Statute for that the Wounds the Kingdom had received were then bleeding and scarcely closed many Traiterous Positions and Seditious Principles spread amongst the People of this Realm and that they had good reason to believe that where they had been so maliciously bent against King Charles the First and had taken him off and had maintain'd so long and dangerous a War against Him and His now Majesty almost to the destruction of all our Liberties and Laws even to the utter overthrowing of this flourishing Kingdom they ought to be careful to prevent the like Mischiefs for the future and therefore did think fit whereas the Law before was That it should be Treason to conspire or to imagine or to intend the Death of the King so as it were declared by Overt-act now because it was dangerous to stay till an Overt-Act should declare the Intention for that they had proceeded so far as to take away one Kings Life and banish another and endeavour to root out the Government of this Kingdom and therefore did Enact by the said Statute of the 13th of His now Majesty That if any one shall compass imagine or intend the Death of the King or his Destruction or any Bodily harm that may tend to His Death and Destruction any restraint of His Liberty by Imprisonment or otherwise or if they shall design and intend to levy any War against Him either within the Realm or without or design or intend to procure any Foreign Prince or others to invade His Dominions and shall signifie and declare this by any Writing by any Printing by any Preaching or by any malicious and advised Speaking and uttering Words to the same intent and purpose this shall be High Treason which he told them had altered the Law in two Cases 1. As to levying War the Intention was not Treason before unless it took essect And 2. As

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