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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

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Next stood up Brian Hains who agreed with Smith that my L. Shaftsbury had oft vilified the King in his hearing and told him that if he would swear the Murder of Sir Edmunbury Godfrey upon the E. of Danby they would make their applications to the King for a Pardon for him To which Hains replied That he was sure the King would never grant it because he had prorogued and dissolved so many Parliaments for the E. of Danby Do not fear it says the E. of Shaftsbury for if he doth not grant it the whole Kingdom will rise in Arms against him and this is the best time for it in the world and if he do not do it he cannot expect to be long King of England And that he asking him whether he should go beyond Sea No replied the Earl he dare as well be hang'd as meddle with you Afterwards being in close conference with the Earl one day and having given him so exact an Account of all the Transactions from the commencement of King Charles the First 's Reign to this very day he was mightily satisfied with it Pray my Lord said he what do you intend to do Why replies the Earl there are Families enough in England that have as much right to the Crown as the King particularly the D. of Bucks who hath a right to the Barony of Ross and in that right to the Crown of England Then appeared John Macnamarra who testified to the Jury that my L. Shaftsbury should say That the King was Popishly affected and adhered to Popery and took the same methods his Father did that had brought his Father's Head to the Block and would do his too and that this he had told divers persons of Quality five years ago He said that the King was a faithless man and there was no credit to be given to him and that the D. of Mazarine was his Cabinet-council who was the worst of women and that the King did deserve to be deposed as much as Rich. the 2. Dennis Macnamarra's Evidence was much the same Edw. Ivy swore that the Earl told him That the King was an unjust man and not fit to reign that he was a Papist in his Heart and did intend to introduce Popery and that they did intend to depose him for his injustice to his People and that he brought Hains into his Lordship's acquaintance who was by his instigation to swear the Murder of Sir Edmunbury Godfrey against the E. of Danby the Duke and the Queen and then he promised to take care of him Lastly appeared Bernard Dennis who after a long Harangue to little purpose spoke to this effect That discoursing with the E. of Shaftsbury he asked him how many stout able men there were of his name in his County He told him about three or four hundred Saith the Earl I would willingly have you advance them of your own name and Friends by being in a readiness when occasion shall happen and to stand by us for we intend to have England a Commonwealth and to live in England as they do in Holland and to have no Supream Head no particular man for King nor owe obedience to a Crown And that he said they would extirpate the King and all his Family and that he wondred that other Nations would be such Fools as they were for it is certain that Q. Elizabeth K. James K. Charles the First and the now King wronged them and that if they had been under a Commonwealth they would have taken more care of them than the King doth and the people of England are fools that they do not usurp against the Crown of England Then the L. C. J. acquainted the Jury that the Kings Council would examine no more Witnesses therefore if they desired to ask any of the Witnesses any thing they should have them all called for one by one Then Sir Samuel Bernardiston desired that they might have leave to go out and consider of what Questions to ask And the Jury desired to know what Statute or Statutes the Bill was founded upon My L. C. J. answered them That that which is Treason within the Statute of the 25 of Edw. the 3d is Treason within the Statute of the 13 of this King so that this is more copious in that it hath enlarged that in many particulars and therefore when one Statute contains the matter of a former and enlarges it the Indictment is always upon the last But my L. C. J. North distinguished where the Indictment is laid Contra formam Statuti contra formam Statut. for in the first Case it extends but to one single Statute and in the last to all that concern the same matter Sir Samuel Bernardiston desired they might see the Affidavits of Subornation that were made against several of the Witnesses To which the Court replied That the credibility of the Witnesses is not a matter proper before them but only upon a Tryal for there the King will be armed to defend the credit of his Witnesses if any thing be objected against them That they are only to see whether the Statute be satisfied in having matter that is Treasonable before them and testified by two Witnesses Mr. Papilion told the Court they desired only that which was proved and if there be such Informations in Court they being things proved they desire to see them and the Court telling them that they could not grant it they being things not within the compass of their Inquiry it was asked by Mr. Papilion whether they were not to exercise their own reason and Consciences To which the Court replyed that any thing that was of their own knowledge they ought to take into consideration My L. Chief Just North told them that a Grand Jury is to hear no Evidence against the King it is not the course That is to be upon the Tryal before the Petty Jury therefore for you to enter into a nice Examination of the Credit of the witnesses is not to be suffered Then the Court adjourn'd till three in the Afternoon The Court being again sate and the Grand Jury come in they proceeded to interrogate the Witnesses one by one Mr. Gwyn was first Examined who put up the Earl of Shaftsburies Papers He answered he did it himself Being asked whose hand writing it was He answered he knew not Being asked whether there was a talk of a Bill of Association or that he had heard of it He answered Yes Secr. Jenkins being ask'd the same question said he was not present at the debate he was not certain he did not remember the particulars Being asked whether he was present when the Association in Q. Elizabeths time was read in the House of Commons answered no. When he was asked when my Lord was committed he answered he referred himself to the Warant but being asked the same question by my L. Chief Just Pemberton He answered that he referred himself to the Serjeant at Arms but he thought it was in July