King then and there Trayterously assembled met and consulted and the same wicked Treasons and Trayterous compasses imaginations and purposes aforesaid then and there to the said John Booth and other persons to the Jury unknown in the hearing of divers Liege Subjects of our Soveraign Lord the King then and there present openly publickly maliciously trayterously and advisedly did say and declare and to perswade and induce the said John Booth to be aiding and assisting in his said Treasons Compasses Imaginations and Purposes he the said Anthony Earl of Shaftsbury as a false Traytor maliciously advisedly and trayterously the said 18th day of March in the Three and thirtieth year of the Reign of our said Soveraign Lord the King at the Parish and Ward aforesaid within the City of London aforesaid falsly advisedly subtilly maliciously and trayterously said asserted and declared That in a short time the Parliament was to sit at Oxford and that he the said Anthony Earl of Shaftsbury had inspected the Elections and considered the inclinations and dispositions of the generality of the Members of Parliament Elected and that he the said Anthony Earl of Shaftsbury was satisfied that the Parliament would insist upon three Matters to wit The Bill of Exclusion against the Duke of York the Abolishing the Act of Parliament of the 35th of Queen Elizabeth and the passing of a New Bill for Vniting Protestant Dissenters with divers other good and wholesome Bills To which he the said Anthony Earl of Shaftsbury was certain that the Kings Majesty would refuse to give his Royal Assent and therefore he the said Anthony Earl of Shaftsbury did expect that there would be a Division between the Kings Majesty and the Parliament and that many Noble Lords and Worthy Members of the lower House did concur in the same Opinion and they were resolved to insist upon the Passing of those Bills And if the Kings Majesty refused that they meaning him the said Anthony Earl of Shaftsbury and the said Noble Lords and Worthy Members had provided strength to compel the Kings Majesty to Grant thereunto And that for his part he the said Anthony Earl of Shaftsbury had provided stout men to be Commanded by Captain Wilkinson meaning one Henry Wilkinson one of the Subjects of our said now Soveraign Lord the King of which he the said Anthony Earl of Shaftsbury had agreed that the said John Booth should be one And further The Jurors aforesaid upon their Oath do say That the aforesaid Anthony Earl of Shaftsbury his said wicked Treasons and Trayterous Imaginations to fulfill perfect and bring to effect afterwards to wit the said Eighteenth day of March in the Thirty-third year of his said now Majesties Reign in the Parish and Ward aforesaid within the City of London aforesaid as a false Traytor in the presence and hearing of divers Liege People of our said Soveraign Lord the King then and there present openly and publickly falsly maliciously advisedly and traiterously said asserted published and with a loud voice declared That our said now Lord the King was a Man of no Faith and that there was no trust in him and that our said Lord the King deserved to be deposed as well as Richard the Second late King of England deserved And further The Jurors aforesaid upon their Oath do say That the said Anthony Earl of Shaftsbury his said wicked Treasons and traiterous Imaginations aforesaid to be fulfilled and perfected and brought to effect the said 18th day of March in the Three and thirtieth year of his said now Majesty's Reign in the Parish and Ward aforesaid in the City of London aforesaid as a false Traytor in the presence and hearing of divers Liege Subjects of our said Lord the King then and there present openly and publickly falsly maliciously advisedly and traiterously said asserted published and with a loud voice declared That he the said Anthony Earl of Shaftsbury would never desist until he had brought this Kingdom of England into a Commonwealth without a King and that the said Anthony Earl of Shaftsbury and all those that him the said Anthony Earl of Shaftsbury would assist and he knew many that would assist him the said Anthony Earl of Shaftsbury would make England a Commonwealth as Holland was And that he the said Anthony Earl of Shaftsbury and other Traytors unknown would live as in Holland and that he our said Lord the King and all his Family should be rooted out And further The Jurors aforesaid do say That the said Anthony Earl of Shaftsbury his said wicked Treasons and traiterous Imaginations aforesaid to be fulfilled perfected and brought to effect afterwards the said 18th day of March in the Three and thirtieth year of his said now Majesty's Reign in the Parish and Ward aforesaid in the City of London aforesaid as a false Traytor in the presence and hearing of divers Liege Subjects of our said Soveraign Lord the King then and there present openly publickly falsly maliciously advisedly and traiterously said asserted published and with a loud voice declared That our now Soveraign Lord the King was a Man of an unfaithful Heart and not worthy to be trusted and not fit to Rule and Govern being false unjust and cruel to his People and if he would not be governed by his People that they meaning him the said Anthony Earl of Shaftsbury and other Traytors to the Jurors unknown our said Soveraign Lord the King would depose against his Allegiance and Duty and against the Peace of our said Soveraign Lord the King his Crown and Dignity c. and against the form of the Statute in such case made and provided c. Sir Fr. Withens Gentlemen of the Jury This is an Indictment against the Earl of Shaftsbury I shall not trouble you to open the Indictment because the Evidence will be somewhat long I shall only tell you which way we shall go L. C. J. North. I do not know whether you desire the Witnesses should be Examin'd apart do you desire that Gentlemen L. C. J. If you do desire it Gentlemen they shall for Mr. Sheriff hath nothing to do with it but if you do desire it you shall have the Witnesses call'd one at a time and all the rest shall be put out of the Court. Jury My Lord It is our desire L. C. J. We did deny it to Mr. Sheriff because we are to keep Men within their Duty Here it is not his Duty to meddle with any thing of this nature Foreman My Lord We desire we may have a List of their Names and that they may be put apart that they may not hear what one another say Sir Fr. Withens My Lord There is one part I would open L. C. J. There is no need for it at all You shall have their Names told you as they are call'd Mr. Harrison My Lord We pray we may have a List of their Names L. C. J. If you desire it you may have it but it will be no advantage for you
Destroy him if he come into England or the Dominions thereof and seek by force to set up his pretended Title and all such as shall Adhere unto him or raise any War Tumult or Sedition for him or by his Command as publick Enemies of our Laws Religion and Country To this end we and every one of us whose hands are here under-written do most willingly bind our selves and every one of us unto the other joyntly and severally in the Bond of one firm and loyal Society or Association and do promise and vow before God That with our joynt and particular Forces we will oppose and pursue unto Destruction all such as upon any Title whatsoever shall oppose the Just and Righteous Ends of this Association and Maintain Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it And left this just and pious work should be any ways obstructed or hindered for want of Discipline and Conduct or any evil minded persons under pretence of raising Forces for the service of this Association should attempt or commit Disorders we will follow such Orders as we shall from time to time receive from this present Parliament whilst it shall be sitting or the Major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved and obey such Officers as shall by them be set over us in the several Countreys Cities and Burroughs until the next meeting of this or another Parliament and will then shew the same Obedience and Submission unto it and those who shall be of it Neither will we for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the Prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and suppressed as Perjur'd Persons and Publick Enemies to God the King and our Native Countrey To which Pains and Punishments we do voluntarily submit our selves and everyone of us without benefit of any Colour or Pretence to excuse us In Witness of all which Premisses to be inviolably kept we do to this present Writing put our Hands and Seals and shall be most ready to accept and admit any others hereafter into this Society and Association Sir Fr. Withins This Paper is very plausibly penned in the beginning and goes 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 those that shall subscribe this Paper shall appoint they will obey all such Officers Foreman Pray what date is this Paper of Sir Fr. Withins It was after the Bill for the Exclusion of the Duke of York for it says that way failing they would do it by force Foreman There is no hand to it at all Sir Fr. Withins No none at all One thing I had forgot That they would joyn to destroy the Mercenary Forces about London which is down-right levying of War against the King and his Guards Mr. Sanders The design of it is pretended to oppose Popery and Arbitrary power and destroy the Papists but that doth not seem so much in its self but when you have heard the Evidence you will hear who were the Papists that were to be destroyed by this Army John Booth Jury He has stood in the face of the Court all this while L. C. J. When did Mr. Booth come down Jury He was here before we went up my Lord and hath been here ever since L. C. J. Look ye Gentlemen they tell you he was carried away and came down but now Mr. Booth No my Lord I came down but now Mr. Shepherd My Lord we desire a List of their Names that we might know who is here and who is not Mr. Godfrey This man hath been here all this while and all the others may be here for ought that I know Sir Fr. Withins In the first place give an account what discourse you have had with my Lord Shaftsbury L. C. J. Speak out that the Jury may hear you Booth I will speak as loud as I can In the month of January about the middle of January last I was introduc'd into my Lord Shaftsbury's acquaintance by one Captain Henry Wilkinson I say I was introduc'd into my Lord Shaftsbury's acquaintance by one Captain Henry Wilkinson This Captain Wilkinson is a Yorkshire Gentleman he has known me above twenty years and he and I have had familiar conversation a long while so waiting upon my Lord Shaftsbury our first business that we went about was Captain Wilkinson did pretend to receive a Commission from my Lord Shaftsbury and some others of the Lords Proprietors of the Palatinate of Carolina to be their Deputy-Governor and he told me the prospect of that Journey was like to be very hopeful and that his interest was good and that he could procure me a Commission and such a number of Acres for quality and quantity as I did desire and he said he did not design to go over immediately in his own person but he would send his eldest Son and his youngest Son and if he went he would return again as occasion should serve I consented to him in all this and we discours'd it divers times together and we went to my Lord Shaftsbury on purpose to receive Commissions in order to this purpose The first time I went there was the Earl of Craven Peter Colbert one Archdell a Quaker I thought him a Quaker because he kept his Hat on when the rest of the Lords stood bare in civility to him We discours'd the thing about Carolina After this and before Captain Wilkinson and I had several discourses about the juncture of Affairs in these times tho I knew him to be an old Royallist and one that served his Majesty and his late Father very much in the Wars yet being under great disappointments of Preferments at Court and missing the Reward he expected from the King his heart was turned another way and he had repented himself of those Services he had done for the King and was become a man of another Opinion and there was some inducements upon me that I was inclin'd to the same opinion so he express'd himself to my Lord and so from one thing to another we went on in discourse and related the several Parliaments and the Proroguing them and the Disappointments of the People and the fear of Popery and Arbitrary Power and this was not done once nor twice nor ten times for I cannot enumerate them for we kept a continual Club and convers'd together familiarly near three quarters of a year After this first acquaintance with my Lord Shaftsbury at his house I did frequently go with Captain Wilkinson and between Christmass and March four or five times and I observed this that when we
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
well and came in obedience to his Lordships Command to wait upon him for Major Manly told me your Lordship had a mind to speak with me he said he had Soon afterward these two Gentlemen went away Upon this my Lord turns about Mr. Smith said he Mr. Hetherington was with me this morning and told me he was afraid that the Irish Witnesses would go over to the Court Party and retract what they had said formerly My Lord says I I know no person can better and with more ease hinder that than your Lordship by procuring some small Allowance for them for they complain much of Poverty Says he Master Hetherington has the charge of them and hath a special care of them and I believe they don't want My Lord says I I know nothing of that he knows what provision he hath made for them This is the thing said my Lord that I would have you do they stand in great awe of you and you must persuade them from going nigh that Rogue Fitz-Gerrald that great Villain that is pamper'd up and maintain'd by the King and the Court Party to stifle the Plot in Ireland My Lord says 〈◊〉 do you think the King would be at such vast charges for to bring over Witnesses and at last maintain men to stifle this Plot for that is the way to stifle the Plot in England too as well as that Sayes he what is this Frequent Dissolutions and Prorogations of Parliaments for but to stifle the Plot here and to hinder the Lords in the Tower to come to a Tryal This is a strange thing my Lord said I when he gave Dr. Oats Mr. Bedlow and Mr. Dugdale such large allowances to prosecute this Plot. Sayes my Lord that is nothing that may hold for a year or two he may take it off when he will but the chief means are put by whereby we might find out the depth of this Plot and if Mr. Dugdale and Dr. Oates be knock't on the head then where is this Plot then there will come an Act of Oblivion for them and all things will be well as they were before My Lord said I this is very strange to me I can give you instance of it sayes he when I was lately in the Tower I told some I saw Popery coming in and that it was hard to prevent it I am sorry to hear it said I but what would you have me do with these Irish Witnesses Say's he perswade them not to go near White-hall nor this Fitzgerrald And said he one thing more I would have you mind Mr. Smith that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was do you think the D. of York would be so much concern'd in the bringing in of Popery as he is I am sorry for it my Lord if it be so After this I parted with my Lord Shaftsbury with full instructions from him to those Irish Witnesses I met Mr. Hetherington the next morning and I told him that I was with my Lord Shaftsbury sayes he I know your business and would have you meet us at the Sun Tavern in the Afternoon My Lord I went according to the time appointed and met him at the Sun Tavern between 6 or 7 or 8 of the Clock as near as I can remember When I came to them I began to open those great and horrid Crimes that I heard Mr. Fitzgerrald accused of That he was a man came to discover a Plot and disowned it here and retracted all he had said I told them what a Crime this was In short my Lord they promised never to go near the man I parted that night and came to my Lodging and the next morning Mr. Hetherington and one Mr. Bernard Dennis came to my Lodging and told me That this Bernard Dennis was ready to give in Information against Fitzgerrald that he had tamper'd with him to forswear all he had sworn before I went presently with Mr. Hetherington and Mr. Dennis to my Lord Major who was then Sir Patience Ward after we had told the business to Sir Patience Ward Sir Patience ask't this Dennis if there were any other persons present Yes sayes he there was Sayes Sir Patience you are upon your Oath if you know not the Nature of an Oath I will tell you The Information was drawn up the Copy of this Information I carry'd to my Lord Shaftsbury and shew'd it him he read it and was very well pleas'd with it and said Mr. Smith don't you see the Villany of that man and that factious Party and that the King runs the same Steps as his Father did before him how can any thing of this Nature be done without the King and the Court pamper'd him up My Lord said I I think now the thing is clear I sayes he these are the very same Steps that his Father followed when he was led by his Popish Queen and the poor man doth not see his Danger I parted from my Lord and came and gave an account of this very discourse to the Club in Newgatestreet and they were glad of it and I told what my Lord Shaftsbury said That the King would never be quiet till he came to his Fathers end he follow'd the same steps Another thing that I have observ'd particularly before the Parliament went to Oxford I went to see him and wee fell into some discourse and my Lord said there was great preparations made and a great many gather'd together upon the Road between London and Oxford My Lord said I what is the meaning of that Any body may see say's he that is only to terrifie the Parliament to comply with the King's desire which I am sure the Parliament never will for we are as resolute now as ever and more resolute for we see clearly what the King Aims at and that is to bring in Popery Which I told several years ago and when I was last in the Tower but sayes he we have this advantage of him if he offer any Violence to us For we expect it that we have the Nation for us and we may lawfully oppose him and he will meet with a very strong opposition for all that come out of the Countrey shall be well Hors'd and well Arm'd and so we shall be all and here is the City which now has a question in Debate among them whether they shall bear the charge of their own Members or no but they are willing to do it and send so many men to wait on them and if we oppose the King as we may do for it hath been done in former times the whole Nation is to stand by us and as I said when I was in the Tower I would dye before I would ever bring in Popery or any thing of that Nature Jury Repeat that again Smith He said that the King if he offer'd any Violence at Oxford to the Parliament he would meet with a strong opposition and that the
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
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
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
Lord Shaftsbury's own mouth Sir Fr. Withins Had you any other discourse with my Lord Shaftsbury Booth I say I made three or four Visits between Christmass and March and we had discourse every time particularly about the Kings person and if the King did refuse these motions that then these men were to be taken from him and he repell'd with a greater force and be brought to it by force Sir Fr. Withins Did you ever make any solicitation to any to make this Discovery Booth Thus far I did and I will tell you the whole matter in that point there was one Walter Banes an acquaintance of mine and I found that he had at Wilkinson's request engaged himself in some business that one Brownrig an Attorney in Yorkshire had writ to him about concerning some men that were to Swear against my Lord Shaftsbury I asked Mr. Banes what men these were he said he thought they were Irish-men I said I don't know what Conversation in that nature my Lord Shaftsbury might have with Irish-men for I know none of them but I am satisfied that he had Conversation tending to these ends that you speak of with some English-men and that I know This Mr. Banes did take particular notice of and he was very frequently upon me to tell him what the matter was and I gave him some intimation of it Truly 't was very much upon my spirit and I could not tell whether I was able to carry it through or not or had better to let it alone as it was in silence but discoursing still more with him and at the result of that discourse we had by degrees I did give him some intimation of it And after that upon second thoughts I took a resolution to discover it and when I did discover it I do here in the presence of God declare that no mortal did know any thing of what I had to say in reference to the King nor did I make any more applications in the world but took Pen Ink and Paper and writ it down and sealed it under a Cover and sent it to the Council Sir Fr. Withins Gentlemen of the Jury would you ask him any Questions Mr. Papillon The Jury told your Lordship before that after all had been examin'd they would consider what Questions L. C. J. Where would you have these Witnesses that have been examined to stand Mr. Papillon We leave it to the Sheriffs to appoint a place for them Lord Chief Justice To keep them apart it 's utterly impossible for we must have as many Rooms then as there are Witnesses Jury Let one man keep with them L. C. J. Empty that place where they were the last time and let them stand there Edward Turberville Sir Francis Withins Mr. Turberville have you had any discourse with my Lord Shaftsbury Turberville Yes several times In February last I am not positive in the time but about the beginning of the Month I waited upon my Lord Shaftsbury about some moneys I waited upon him to have his Advice how I might come by 't and to gain my Lord Shaftsbury's Letter in my behalf to the President of the Council to stand my friend and he said there was little good to be had from the King as long as his Guards were about him for were it not for his Guards we would quickly go down to Whitehal and obtain what terms we thought fit Said I my Lord I suppose his Guards can't defend him from the whole Kingdom His Lordship said That the Rabble were all of that side especially the People about Wapping and Aldersgate-street and the Rich men of the City would Vote for Elections but they could not expect they should stand by them in case there should be any Disturbance for they valued their Riches more than their Cause And at Oxford I heard my Lord say again He wonder'd the people of England should stickle so much about Religion and that if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. Sanders Had you any other discourse with him at any other time Master Turberville I told you all that is material that I can say to it John Smith Mr. Smith My Lord I only beg a word or two from your Lordship of some reflections cast upon me L. C. J. Go to your Evidence Mr. Smith My Lord this is something to my Evidence L. C. J. You may take another time for that Mr. Smith My Lord it hath been reported about in Coffee-houses and Taverns that I should Swear there was a general Design against his Majesty and that I Swore it before the King and Secretary of State and that I also Swore it at the Tryal of Mr. College and Mr. Rowse I take it upon my Oath I never Swore any such thing neither can I Swear there was a General Design by the City or the Parliament against the King Lord Chief Justice Speak what discourse you have had with my Lord Shaftsbury Mr. Smith My Lord I suppose it is past all doubt that I have been very often with my Lord Shaftsbury and I have often in his discourse observed that he spake very irreverently and slightly of the King sometimes saying he was a Weak man and sometimes saying he was an Inconstant man a Man of no firm or settled Resolution and a Man that was easily led by the Nose as his Father was before him by a Popish Queen which was the Ruine of his Father This was both in publick and in private I have also observed sometimes in his discourse something that he mention'd of the Earl of Essex and that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill man himself but got over the Earl of Essex too This the Earl of Shaftsbury declar'd publickly in his own house Another story was of the Rebellion of Scotland That the King should say that the Earl of Shaftsbury was the chief Promoter of that Rebellion and when this was told my Lord Shaftsbury that he should send word back again to the King I am glad says he that the King sees not his own Danger nor what he runs himself into and pray tell him that if I were to raise a Rebellion I could raise anotherguess Rebellion than the Rebellion was in Scotland But now as to the particular points I am to charge him with I remember my Lord that my Lord Shaftsbury sent for me one time and that by one Manly sometimes they call him Major Manly sometimes Captain Manly and this man found me at Mr. Bethel's Club in Newgate-street at the Queens Arms and there he told me my Lord Shaftsbury would speak with me that night I immediately left the Club and went to my Lord Shaftsbury's and I was introduc'd into the Dining Room where there were two Gentlemen in discourse with my Lord and as soon as he saw me he askt me how I did I told him I was very
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