came to my Lord Shaftsbury's they were cautious in our accession In the first place it was to be known by some of the Servants who he was in company with And in the second place the names were sent up who they were that were to speak with him Sometimes we had an Alehouse at the Bell in the same Street I forget the name of the Street we staid at the Alehouse till we had a sit time Captain Wilkinson had acquaintance with his Porter and his Gentleman of his Chamber and so we often discours'd And from the concerns of Carolina we fell to matters more publick concerning the State I remember he would use to inveigh sharply against the times and look upon himself as not so valued nor so respected nor in those places and dignities as he expected he should be and seem'd to be discontented and he did fear that Popery would be introduced and Arbitrary Power and when Parliament-men were to be Elected there came every week news bringing particulars of such Boroughs and Counties as had made particular Elections for Members for Parliament whether Knights Citizens or Burgesses And he would often consider that Parliament that was to sit at Oxford what they were as to their Inclinations and Dispositions and he said they would iusist upon the same things the other Parliaments before had done Particularly he said the Parliament would never grant the King any assistance of Money nor satisfie him in those things that he desired unless he gave the people first satisfaction in those things that they insisted on before and he believed would insist upon after and particularly the Bill of Excluding the Duke of York from the Crown another was the abolishing the Statute of the 35th of Elizabeth and the third was giving his Royal Assent for the Passing a new Bill whereby all Dissenting Protestants Nonconformists or what you will term them should be freed from those Penalties and Ecclesiastick Punishments that they are subject to by the present Establisht Law and he said if these and some other wholesome Laws and Bills were past by the Royal Assent of the King he believed that when the people had received this Security and Satisfaction that they would be very willing to grant the King such accommodations of Money by way of Assessment or so as his necessary occasions should also require but without this he believed there would be a breach between the King and the Parliament and that they had order'd the Parliament should meet at Oxford and not at this Metropolis at London where they might go on without fear of being over-awed that this was an intention to awe the Parliament But he said himself and divers Noble Lords and Members of the House of Commons had considered themselves and their own safety and that they judg'd it dangerous to go to Oxford where they were sure the Guards the Retinue of the Court and the Assistance of the Scholars which usually incline to the Crown might so over-awe the Parliament that they might not so freely proceed in a way for the publick Good as they intended and therefore he and others had consider'd with themselves that it were fit for them to have Guards and send them thither and to this purpose he had establisht a matter of fifty men persons of Quality that he believed would have men along with them and he intrusted Captain Henry Wilkinson with the Command of these men and they were to come to Oxford at such a time and if there were any breach between the King and the Parliament or any Violence offer'd to any of these Members by the Guards or Retinue of the Court that then these men with others that other Lords had provided should repel his Force by greater Force and should purge the Guards of all the Papists and Tories and such as were against the Protestant Religion and the Establisht Laws of the Land and likewise these men should be ready to assist himself and those other persons in his Confederacy to purge from the King those Evil Counsellors which were about him particularly there were named the Earl of Worcester my Lord Clarendon my Lord Hallifax my Lord Feversham and Mr. Hide now Lord Viscount Hide and these persons were look'd upon to be dangerous and gave the King evil Advice and made him continue so very deaf to what the Parliament urg'd him to and therefore they said they would not only purge the Guards and repel that Force by a greater Force but also take those Lords by Violence from the King and bring the King to London to the chief Metropolitan City where those things should be establisht which they design'd for their safety in these two respects for the preserving the Protestant Religion and likewise for the keeping and defending us safe from Arbitrary Power and Government Upon this Captain Wilkinson did desire me that I would be one of those under his Command this I did consent to And he requested me further that I would provide for my self Horse and Arms and likewise Arms for my man and he would provide me a Horse for my Man I did accordingly provide Arms for my self and a good Stone-Horse for my self and Arms for my Man before the Parliament did sit at Oxford I think the 23d of March I do not punctually remember the day and when the Parliament was set we enquir'd and heard how things went on and found that it was as my Lord Shaftsbury had predicted that the Parliament did insist upon those very things that he told they would do but never believ'd or imagin'd they would be so soon dissolv'd Upon Thursday before the Parliament was dissolv'd Captain Wilkinson told me he expected that very Week to have a Summons to go up to Oxford with those men that were listed with him but then Saturdays news came of the Dissolution of the Parliament and therefore it took no further effect The whole matter the main design was this That my Lord Shaftsbury should have so many men to attend him there for the security of his person and likewise to repel the force of the Kings Guards or any other persons that followed the King and also to remove from him those five Lords and bring the King back to London to Establish those Laws that I have mention'd Sir Francis Withins Pray what time did you discover this Booth About six weeks ago Sir Francis Withins Had you any discourse with the Earl of Shaftsbury after Captain Wilkinson spoke with you or before the sitting of the Parliament Booth I said before that the first motion of these fifty men that were to be my Lord Shaftsbury's Guard came from Captain Wilkinson but after this when I went with Captain Wilkinson to my Lord Shaftsbury the same thing was discoursed there The last time I was with my Lord Shaftsbury was about a week before he went to Oxford about ten days before the Parliament set or a week and then I heard the same discourse from my
Before Mr. Papilion VVho did you make it to Mr. Dennis I made my information to the Secretary of State Mr. Papilion VVhich of them Mr. Dennis Secretary Jenkins Mr. Papil VVhy did you conceal it so long Mr. Den. Because I was in the City so long Mr. Papil Did you ever go about to muster your 400. men you had in Ireland I ask you whether you did or no Mr. Den. Upon my word I did advise some of them to be ready Mr. Papil And did you provide them with Arms Mr. Den. Not I Sir I was not able to do it Mr. Papil VVhat Religion are you of Mr. Den. I am a Protestant Mr. Papil How long have you been a Protestant Mr. Den. I have been a Protestant since Febr. last And this I must confess that when I was in Spain and France my resolution was to be a Protestant Mr. Godfrey Mr. Dennis pray who was in the Room when you were there Mr. Den. The Earl of Shaftsbury Sir Mr. Godfrey VVho else Mr. Den. Mr. Sheppard Mr. Godfrey VVho else Mr. Den. I cannot name them L. C. J. Mr. Godfrey when another man asks a question you should consider what is said and not ask the same question over and over again Mr. Papil In what place in his house Mr. Den. In his own Chamber in the great Chamber I do not know whether you call it the Hall or the Parlour Mr. Papil VVas it above stairs Mr. Den. Yes it was above stairs my Lord does not use to speak with any below stairs Mr. Papil Is this all that you know have you heard my Lord say any treasonable words in any other place or at any other time Mr. Den. In the long Gallery in his own house at another time Mr. Papil VVhy did not you say so before Mr. Den. I did say so before in the long Gallery he told me he would have a Common-wealth in England and extirpate the Crown of England and the King of England Mr. Papil Is that all speak all your knowledge Mr. Den. He said we should all Irish-men conform our selves to a Common-wealth and by that we should get our Estates again Mr. Papil I ask you if this is all you have to say L. C. J. Do you remember any more Mr. Papil More than you said in the Morning Mr. Den. He said he would extirpate the King and make England a Common-wealth and that we were fools and silly folks that did not comply our selves to their factious party and that we should get our Estates and that he would get me a black Gown and a Benefice in the mean time and when all things were done he would prefer me to a better and not only my self but all that were of my name and would stick to me Mr. Papil Is this all Mr. Den. This is all Mr. Papil Then you have nothing more Mr. Den. I never spake to him but in his own house Mr. Papil All your Kindred are Papists are not they Mr. Den. No Sir I cannot say so but most of them are L. C. J. North VVho can say that that question no body can answer L. C. J. Look ye Gentlemen now you have asked these questions you had best go and consider what evidence is delivered and weigh well all those things that have been said to you and you must consider your duty you are to enquire here whether it be fitting for the King to call my Lord Shaftsbury to question upon this account of treasonable words Mr. Papil My Lord we desire before we go that either the Law may be read or we may have the Statute-book up with us L. C. J. The Statute-book was never denyed but you shall have the Law read here First the Statute of the 25th of Edward the Third and then this last Statute L. C. J. North I would say one thing because I observe that some of you asked the question whether the Parliament did not debate about an Association whether it related to that Paper or no I am not certain I hope you will consider that Paper well for my part I must needs say for my self I heard of it but I never heard it read before and never heard the contents of it but it seems to me to show what those Officers were to do for the ends of this Association and one of those ends as I remember Gentlemen I refer you to the Paper and hope you will consider it you are men of understanding I thought that one of those ends was to destroy the mercenary forces in and about the Cities of London and Westminster and that the Government was to be by the major part of the Members of Parliament in the sitting of Parliament not with the King but the major part of the Members of Parliament Gentlemen I may mistake for I profess I speak only out of memory but it seems to me to be of great consequence and there is great matter to be presumed upon it it being found under Lock and Key in his Study but I suppose my Lord Shaftsbury may give an account of it but there is great presumption upon it it doth not import to be an Association by Act of Parliament Mr. At. Gen. VVhen the Parliament was prorogued or dissolved then the major part of the Members in each County engage themselves to follow their Command and obey their Order L. C. J. North Gentlemen I hope you will consider your Oaths and give all things their due weight L. C. J. VVill you have the Statute read Jury VVe will read it above The Jury withdrew to Consider the Evidence and returned the Bill Ignoramus upon which the People fell a hollowing and shouting Mr. At. Gen. My Lord let it be Recorded this hollowing and hooping in a Court of Justice THE END
THE PROCEEDINGS AT THE Sessions House IN THE Old-Baily London ON Thursday the 24th day of November 1681. BEFORE His Majesties Commissioners of Oyer and Terminer UPON THE Bill of Indictment FOR HIGH-TREASON AGAINST ANTHONY EARL of SHAFTSBVRY Published by His Majesties Special Command LONDON Printed for Samuel Mearne and John Baker 1681. THE PROCEEDINGS AT THE Sessions-House IN THE OLD-BAYLY LONDON On Thursday the 24th of November 1681. The GRAND-JURY Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Hearle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall The OATH YOU shall diligently Inquire 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 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 knowledge So help you God L. C. J. Pemberton GEntlemen of the Jury we are all met here in one of the most Solemn Assemblies of this Nation it is upon the Execution of Justice upon such as shall be found Offenders and Guilty of the Breach of the King's Laws This Commission by which we sit and you are Summoned doth in its nature extend to all Offences whatsoever against the Laws of the Land Treasons Misprisions of Treasons Felonies and all other Crimes and Offences against the King and his Government such as are vulgarly called Pleas of the Crown they all fall under our Cognizance and your Enquiry in a general manner But I must tell you there is a particular occasion for this Commission at this time His Majesty having Information of some Evil Trayterous Designs against his Person and Government has thought fit to Direct a due Examination of them and that the persons may be brought to Condign punishment who shall be found Guilty thereof You must not therefore expect any general and formal Charge from me Truly I came hither this Morning with an apprehension that you had had your directions given you before by the Recorder for it is our usual way not to come until the Juries are Sworn in this place and their Directions given them but since I find it otherwise I take it to be my Duty to say something to you but shall not go about now to make any such formal Charge as in Commissions of this nature is wont to be done nor to give an account of all Offences that fall under your Enquiry of a Grand Inquest Impannelled by vertue of such a Commission at large Nor must you expect I should acquaint you with all the Crimes that you may enquire of as such an Inquest I shall content my self so far as on the sudden I can recollect my thoughts to acquaint you with the Nature of those Bills with the Enquiry whereof you shall at present upon this occasion be troubled and your Duty concerning that Enquiry I hinted to you at first that they are matters of High-Treason which is a Crime of the greatest and highest nature of any Crime that can be committed against Man other Crimes as Felonies Riots Trespasses and Things of that nature they may occasion disorders and troubles in a State or a Kingdom But I must tell you Treason strikes at the root and life of all it tends to destroy the very Government both King and Subjects and the Lives Interest and Liberties of all and therefore has always been look'd upon as a Crime of the most notorious nature that can be whatsoever and accordingly Punishments have been appointed for it of the highest and severest extremity There was at Common Law great variety of Opinions concerning Treason and there were many Disputes about it what should be Treason and what not and therefore it was thought fit by the Wisdom of our Ancestors to have a Law to Declare Treason and by the Statute of the 25th of Edward the 3d there was a plain Declaration made of what was Treason and what not By that Law for any one to Compass Imagine or Intend the Death of the King for I will give you no more of that Statute nor concerning the sense thereof than may be for your purpose now I say by that Law to Compass Imagine or Intend the Death of the King and to declare it by Overt-Act or to Levy War against the King were declared amongst other things in that Statute mentioned to be High-Treason And this hath obtained for Law among us ever since and by that standing Law nothing is to be accounted Treason but what is therein particularly declared so but upon many emergent occasions there hath been several other Laws as the case hath required now and then for to declare and bring other particular Crimes within the compass of Treasons So there was a Law made in Queen Elizabeths Reign for Enacting several Crimes to be Treasons during her Life which was made upon the occasion of the Inveterate Malice of the Roman Catholicks against her and her Government and so there hath been in other Kings Reigns upon other occasions Amongst the rest it was thought fit by the Parliament assembled here in the Thirteenth year of this present King to make a particular Law for the Enacting and Declaring several Crimes to be Treasons during this Kings Life they had great grounds and too much occasion for it and so they express it in the Preamble of that Law The wounds which the then late Treasons had made that had so far obtained in this Kingdom were then still bleeding ripe and scarcely closed many Trayterous Positions and many Seditious Principles were spread and had obtained and gained footing among the People of this Kingdom and the Parliament had reason to believe that where they had been so maliciously bent against the King and his Family and had taken off his Father and maintained so long and dangerous a War against him almost to the utter Destruction and Extirpation of him and all his good Subjects and of his and all our Interests Properties and Liberties and had almost destroy'd a flourishing Kingdom Here they had reason I say to be careful to prevent the like mischiefs for the future therefore Gentlemen they did think fit to make a new Law for this purpose And whereas the Law before was That it should be Treason to Compass Imagine or Intend the Death of the King so as it were declared by Overt-Act now they thought it would be dangerous to stay till an Overt-Act should declare the intention for when they had seen such malicious and evil Designs
it to Mr. Secretary Jenkins therefore if you please Mr. Secretary Jenkins you shall be Sworn whether that Paper was delivered to you by Mr. Blaithwait because we would clear it as we go whether that be the Paper was delivered to Mr. Secretary Jenkins by Mr. Blaithwait I pray Sir was that the Paper that Mr. Blathwait did deliver into your hands Mr. Sec. Jenkins My Lord this is the Paper this Paper was delivered into my hands by Mr. Blathwait in the Council-Chamber I cannot say that this numerical Paper was taken out of the Velvet Bag but there were a great many Papers taken out of it and I having the honor to be at the Examination of the Papers this was ordered to be put and was put into my hands with nine Papers more L. C. J. Was it out of your hands Mr. Sec. Jenkins It was out of my hands for upon Monday last I took out the nine Papers intrusted with me and this tenth out of my Desk and caused my Servant to mark them by numbers Then I Sealed up these Papers and sent them to Mr. Graham Mr. Graham brought them back again to me without any alteration whatsoever then I put this tenth Paper into the hands of Mr. Blathwait again All the while it was in my hands it was under Lock and Key and none of my Servants saw it but the time it was Numbred and no manner of alteration was made in this or any other of the nine Papers Lord Chief-Justice Now it appears this was the Paper taken in my Lord Shaftsbury's Closet Then this Paper was Read as followeth WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuits with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the True Protestant Religion as a pestilent Heresie to take away the Life of our Gracious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly encouraged by the Countenance and Protection given and procured for them by J. D. of Y. and by their Expectations of his Succeeding to the Crown and that through crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependents upon him by his bestowing Offices and Preferments both in Church and State It appearing also to us That by his Influence Mercenary Forces have been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the danger had not been timely foreseen by several Parliaments and part of those Forces with great difficulty caused by them to be disbanded at the Kingdoms great Expence And it being evident that notwithstanding all the continual endeavours of the Parliament to deliver his Majesty from the Councils and out of the Power of the said D. yet his Interest in the Ministry of State and others have been so prevalent that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies and ill Ministers of State their Assistants And that the said D. in order to reduce all into his own power hath procured the Garrisons the Army and Ammunition and all the power of the Seas and Soldiery and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents even in opposition to the Advice and Order of the last Parliament And as we considering with heavy Hearts how greatly the Strength Reputation and Treasure of the Kingdom both at Sea and Land is Wasted and Consumed and lost by the intricate expensive management of these wicked destructive Designs and finding the same Councils after exemplary Justice upon some of the Conspirators to be still pursued with the utmost devilish Malice and desire of Revenge whereby his Majesty is in continual hazard of being Murdered to make way for the said D.'s Advancement to the Crown and the whole Kingdom in such case is destitute of all Security of their Religion Laws Estates and Liberty sad experience in the Case Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince We have therefore endeavoured in a Parliamentary way by a Bill for the purpose to Bar and Exclude the said Duke from the Succession to the Crown and to Banish him for ever out of these Kingdoms of England and Ireland But the first means of the King and Kingdoms Safety being utterly rejected and we left almost in Despair of obtaining any real and effectual security and knowing our selves to be intrusted to Advise and Act for the preservation of His Majesty and the Kingdom and being persuaded in our Consciences that the dangers aforesaid are so eminent and pressing that there ought to be no delay of the best means that are in our power to secure the Kingdom against them We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn aad sacred promise of mutual Defence and Assistance in the preservation of the true Protestant Religion His Majesties Person and Royal State and our Laws Liberties and Properties and we hold it our bounden Duty to joyn our selves for the same intent in a Declaration of our Vnited Affections and Resolutions in the Form insuing I A. B. Do in the presence of God solemnly Promise Uow and Protest to maintain and defend to the utmost of my Power with my Person and Estate the true Protestant Religion against Popery and all Popish Superstition Idolatry or Innovation and all those who do or shall endeavour to spread or advance it within this Kingdom I will also as far as in me lies Maintain and Defend His Majesties Royal Person and Estate as also the Power and Priviledg of Parliaments the lawful Rights and Liberties of the Subject against all Incroachments and Usurpation of Arbitrary power whatsoever and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were Raised to Advance it and are still kept up in and about the City of London to the great Amazement and Terror of all the good People of the Land Moreover J. D. of Y. having publickly professed and owned the Popish Religion and notoriously given Life and Birth to the Damnable and Hellish Plots of the Papists against his Majesties Person the Protestant Religion and the Government of this Kingdom I will never consent that the said J. D. of Y. or any other who is or hath been a Papist or any ways adher'd to the Papists in their wicked Designs be admitted to the Succession of the Crown of England But by all lawful means and by force of Arms if need so require according to my Abilities will oppose him and endeavour to Subdue Expel and
against the King and Supreme Authority and that they had prevailed so far as to Murder one King and Banish another and had gone a great way in the destruction of the Government of this Kingdom absolutely to root it quite out They had reason then as much as they could to prevent the Designs before they should grow full ripe and vent themselves in Overt-Acts therefore it was Enacted by that Statute made in the 13th year of this Kings Reign That if any one should Compass Imagine or Intend the Death of the King or his Destruction or any bodily harm that might 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 Foreign Prince to Invade these his Dominions or any other of the Kings Dominions and should signifie 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 Now this hath altered the former Law greatly especially in two Cases First as to Levying of War the Intention was not Treason before unless it had taken effect and War had been actually Levied And then as to the Designing and Compassing the Kings Death that was not Treason unless it was declared by an Overt-Act And as to the Imprisoning or Restraining of the Liberty of the King they of themselves alone were not High-Treason but now by this Law these are made Treason by this Law during his Majesties Life And the very designing of them whether they take effect or not take effect 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 utter'd and spoken and any ways signified by any discourse this Gentlemen is made Treason by this Act and this hath wrought very great alteration in the case of Treason now formerly it was said and said truly enough that Words alone would not make Treason but since this Act Gentlemen Words if they import any malicious design against the Kings Life and Government any Trayterous intention in the party such words are Treason now within this Act And this Act was made with great Prudence and with great Care to take off that undue Liberty that men had taken to themselves in those times of Licentiousness people had taken to themselves an undecent and undue liberty to vent all their Seditious and Malicious minds one to another without any restraint at all Therefore now Gentlemen you must consider that Words if they signifie or purport any Trayterous intention or design in the party either against the King or his Government either to restrain his Liberty or Imprison him or to do him any bodily hurt or any Crime of that nature this is Treason within this Act of Parliament Look ye Gentlemen now as to the Indictments that shall be brought before you you are to consider these things 1. Whether the Matter contained in them and which you shall have in Evidence be Matter of Treason within the former or this Act of Parliament And here if you doubt of it then you must advise with us that are Commissionated by his Majesty to Hear and Determine these Crimes and in Matters of Law we shall direct you And you are to enquire if there be two Witnesses that shall testifie the Matters in Evidence to you for without two Witnesses no man is to be Impeached within these Laws but if there be two Witnesses that shall testifie to you Matters to make good the Indictments then you have ground to find the Indictments But I must tell you as to this case of two Witnesses it is not necessary that they should be Two Witnesses to the same words or to words spoken at one time or in the same place that is not necessary If one be a Witness to words that Import any Trayterous design and intention spoken at one time and in one place and another testifie other Seditious and Trayterous Words spoken at another time and in another place these two are two good Witnesses within this Statute and so it hath been solemnly resolved by all the Judges of England upon a solemn occasion Look ye Gentlemen I must tell you That that which is referr'd to you is to consider whether upon what Evidence you shall have given unto you there be any reason or ground for the King to call these persons to an account if there be probable ground it is as much as you are to enquire into You are not to Judge the persons but for the Honour of the King and the Decency of the Matter it is not thought fit by the Law that persons should be Accused and Indicted where there is no colour nor ground for it where there is no kind of suspition of a Crime nor reason to believe that the thing can be proved it is not for the King's Honour to call Men to an Account in such cases Therefore you are to enquire whether that that you hear be any cause or reason for the King to put the Party to answer it You do not Condemn nor is there such a strict Enquiry to be made by you as by others that are sworn to try a Fact or Issue A probable cause or some ground that the King hath to call these persons to answer for it is enough Gentlemen for you to find a Bill 't is as much as is by Law required Gentlemen you must consider this That as it is a Crime for to condemn Innocent persons so it is a Crime as great to acquit the Guilty and that God that requires one of them requires both so that you must be as strict in the one as you would be in the other And let me tell you If any of you shall be Refractory and will not find any Bill where there is a probable ground for an Accusation you do therein undertake to intercept Justice and you thereby make your selves Criminals and Guilty and the fault will lye at your Door You must consider Gentlemen you are under a double Obligation here to do Right you are under the Obligation of English-men as we are all Members of one great Body of which the King is Head and you are engag'd as English-men to consider That Crimes of this Nature ought not to go unpunish'd Then you have an Oath of God upon you you are here sworn to do according to what the Evidence is Now therefore if you have two Witnesses of Words that may import a Treasonable Design or Intention in any of those Parties against whom you shall have Indictments offer'd to you you are bound both by the Law of Nature as you are Members of this Body and by the Law of God as you have taken
these Objections First as to that that you do say that you are bound to Conceal your Councels and the Kings secrets that is very true as to your Councels that is your Debates you are bound to conceal them As to the Kings secrets so long as he will have them kept secret you are bound to keep them so too but it doth not deprive the King of the benefit of having it publick if he have a desire for it you don't break your Oath if the King will make it publick you don't make it publick 't is the King does it Then as to that that you do say that you apprehend the common usage of the Kingdom to be a Law that is true Mr. Papillon in some sence a constant and uninterrupted usage goes for a Law among us but I thought I had told you before that both of ancient and later times there have been Examinations of the Witnesses in Court in Cases of this nature and we are not without presidents of it every Year every Term continually from time to time Evidence is heard in Court by the Grand-Jury it is as usual a thing with us as any thing if it be desired nothing more frequent or more common I never heard it deny'd or stood upon by any Grand-Jury in my life till of late here you may be instructed with a thousand presidents for I am sure it is a common and ordinary case upon such occasions if desired to hear the Evidence in Court Look ye Gentlemen as to that care that you have of the Kings affairs the King has reason to take it well that you are so careful for them and that you are so mindful of his concerns he hath a great deal of reason to think well of you for it And Gentlemen consider this that His Majesties Council have certainly considered of this Evidence before they brought this to a publick Enquiry or else it would be a hard thing if they should come raw and not know what the Witnesses can say for though you are the Jury to hear the Witnesses yet you must consider that the Kings Council have Examined whether he hath cause to accuse these persons or not and Gentlemen they understand very well that it will be no prejudice to the King to have the Evidence heard openly in Court or else the King would ne're desire it Foreman My Lord the Gentlemen of the Jury desire that it may be Recorded that we insisted upon it as our Right but if the Court o're rule we must submit to it L. C. J. Here are enough persons to take notice of it to make Records of such things is not usual it is not our business here to record every thing that every man will desire to be Recorded We can Record nothing but what is in Order to the Proceedings but notice enough is taken of it you need not fear but that there will be Witnesses enough L. C. J. North. Gentlemen I must say something to fortifie what my Lord Chief Justice has said If any of us had been of a different opinion we would have spoken it the same thing was stood upon and discoursed on the last Sessions and then all the Judges were of this opinion and in what all the Judges agree to you should acquiesce I must tell you from my own experience where the King will he ought to have it kept secret I have not known it done publiâ—kly in the orderly course of business but I have often known wherâ—… hath been desir'd by those which Prosecute for the King that Evidence hath been given openly and I never knew it deny'd If any of my Brothers think otherwise I desire they would speak but I tell you as to my experience this is the case Mr. Sheriff P. I desire the Witnesses may be kept out of the Court and called one by one L. C. J. It is a thing certainly that the King's Council will not be afraid of doing but Sheriffs do not use to move any thing of this nature in Court and therefore 't is not your Duty Mr. Sheriff to meddle with it Sheriff P. It was my Duty last time my Lord and appointed Mr. Att. Gen. You were acquainted 't was not your Duty last time and you appear against the King Then the Indictment was Read London ss THE Jurors for our Soveraign Lord the King upon their Oaths present that Anthony Earl of Shaftsbury late of the Parish of St. Martins in the Fields in the County of Middlesex as a false Traytor against the most Illustrious and most Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his Natural Lord the fear of God in his heart not having nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil the Cordial Love and true due and natural Obedience which true and faithful Subjects of our said Soveraign Lord the King towards him our said Soveraign Lord the King should and of right ought to bear wholly withdrawing and with all his strength intending the Peace and common Tranquillity in this Kingdom of England to disturb and War and Rebellion against our said Soveraign Lord the King to stir up and move and the Government of our said Soveraign Lord the King within this Kingdom of England to subvert and him our said Soveraign Lord the King from the Title Honour and Regal Name of the Imperial Crown of his Kingdom of England to Depose and Deprive and Him our said Soveraign Lord the King to death and final destruction to bring and put the 18th day of March in the Three and thirtieth year of the Reign of our Soveraign Lord Charles the Second now King of England and divers other days and times as well before as afterward in the Parish of St. Mary Le-Bow in the Ward of Cheap London Trayterously compassed imagined and intended the Death and Final Destruction of our said Soveraign Lord the King and the ancient Government of his Kingdom of England to change alter and wholly to Subvert and Him our said Soveraign Lord the King from the Title Honour and Kingly Name of his Imperial Crown of this Kingdom of England to Depose and Deprive and War and Rebellion against our said Soveraign Lord the King to move and levy within this Kingdom of England and his said most wicked Treasons and Trayterous compasses imaginations and purposes aforesaid to fulfill and perfect he the said Anthony Earl of Shaftsbury as a false Traytor with divers Armed men Subjects of our said Soveraign Lord the King then being maliciously trayterously and advisedly did provide and prepare to be aiding to him the said Earl of Shaftsbury to fulfill and perfect his Treasons aforesaid And his said wicked Treasons Trayterous compasses imaginations and purposes the sooner to fulfill and perfect he the said Anthony Earl of Shaftsbury as a false Traytor with one John Booth and other Subjects of our said Lord the
This was all at that present time that the Earl of Shaftsbury spake to me and he desired me to go home to his Lodgings With that I went home and within a Month it may be or thereabouts he sent for me again by the same William Hetherington and William Hetherington told me that the Earl of Shaftsbury would speak with me So I came and Waited upon his Lordship at his own House and say's he Mr. Dennis I understand that you are a Clergy man Yes my Lord said I. And say's he I would advise you to take a black gown and I will preferr you to a Benefice till such time as this business is over and says he at the end of this business I will not fail to preferr you to a better and in the mean time I would advise you to take a black gown and this was a little as I remember after the Parliament was Dissolv'd at Oxford and he sent a Gentleman out of his own House along with me to a Doctor of Divinity living hard by Lincolns-Inn Fields Dr. Burnet by Name as I remember and the Gentleman acquainted the Doctor what I was and about what occasion I came there so the Doctor indeed discoursed with me very familiarly and rend'red thanks to the Earl for me into his conversation rather then another's What discourse we had then was nothing to the matter it was about matters of Conscience and Religion But Mr. Colledge that was the Joyner here in Town and Executed afterwards being familiar with me brought me to one Mr. Ferguson a Minister as I suppose of the Presbyterian form for he goes in their garb as near as I can tell and Mr. Ferguson at our first meeting was in Richard's Coffee-House in an upper room one pair of stairs and in some company and Colledge going to him brought him aside and spake to him concerning me and he came to me apart and discours'd with me from whence he brought me to a Bookseller's Shop and bought for me the Articles of the Church of England and in all these discourses there was a hand as Colledge told me of the Earl of Shaftsbury who did procure him and sent to Dr. Burnet to bring me that way I do not deny neither that I had an inclination before I left Ireland and when I was in Spain and when I was in France for to become a Protestant according to the Laws and Rules of the Church of England The force of what I have to say is this The Earl of Shaftsbury one day after all these things were past and after the Parliament were dissolved at Oxford discoursing with me in his own House Major Manley being in the same Room then who lives beyond Tower-hill he asked me what was the present occasion I came to him there and it was pretty early in the Morning and the Earl had a Barber to trim him in his Room I told him my occasion was then That I was something low in Money that I did a little want money at that time and did not know to whom to speak for any thing but his Lordship and said I came to tell you so Well say'd he Mr. Dennis I have appointed Mr. Rouse John Rouse whom you know for to give you and maintain you in money go to him especially once a week and he will give you money And said he Mr. Dennis what is the Number of your name in the Country as near as you can tell how many are you My Lord said I to tell you exactly what number they be of I cannot at present but within a little time I may tell you I believe really there may be upon the matter 3 or 400 able men of my Name in the County where I was born Say's the Earl of Shaftsbury Mr. Dennis I would very willingly have you to advise those of your name and those of your Friends for to be in a readiness when ever occasion shall serve and to stand by if occasion should be for to assist the Commonwealth of England for we do really intend to have England under a Common-wealth and no Crown and say's he we intend to live as we see Holland does that is to have a Commonwealth and to have no Supream head particular man say's he or King nor owe Obedience to a Crown and say's he we will extirpate the King and all his Family as near as he can and Mr. Dennis say's he I do admire that your Nation should be such Fools as they are for it is very certain that King James Queen Elizabeth King Charles the First say's he and the King that now is does wrong you to very destruction and say's he if you had been under a Common-wealth the Common-wealth would take more pitty of your Nation and the Gentry of your Nation then any doe of them now in this time wherein the King Governs and upon this I doe count the Irish fools This is all that I can say L. C. J. The King's Council declare they will call no more Witnesses for they think they have called enough already and there are several of them that doe swear Words that are treasonable in themselves if you do desire to ask any of the Witnesses any thing you shall have them all call'd one by one Fore-man My Lord we will walk up again and Consider what Questions to ask and come again presently Mr. Papillon It seems they will call no more Witnesses then these L. C. J. Not against the Earl of Shaftsbury being you are charg'd only with that Mr. Papillon It is so my Lord but we pray we may be satisfyed upon the Statute the Indictment is grounded because we may hear it read before we go up because your Lordship speak's of two different Statutes the 25th of Edward and you mention the Statute of the 13th of this King your Lordship in your discourse to the Jury mentioned them both we pray your Lordship to acquaint us upon what Statute it is grounded whether upon both or one of them L. C. J. Look ye Gentlemen this is grounded upon the Statute of this King though there is enough to find an Indictment of Treason upon the Statute of the 25th of Edward the Third that which is Treason within the Statute of the 25th of Edward the Third is Treason within this Statute so this is the more Copious Statute for as I told you before this Statute has enlarged that of Edward the Third in a great many Particulars and therefore look ye Gentlemen always consider this when one Statute contains the Matter of another and inlarges it the Indictment is always upon the last Statute that being the more Copious Statute But you are to Consider both L. C. J. Nor. The Indictment is Contra formam Statut ' and it being Contra formam Statut ' it may be understood Statutorum or Statuti so that all Statutes that may be the Foundation of this Indictment you may go upon Jury We desire to know whether any