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A55942 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 Shaftsbury : published by His Majesties special command. Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1681 (1681) Wing P3564; ESTC R21380 51,935 51

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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
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
Design against the Earl of Shaftsbury Mr. Haynes To none but to Secretary Jenkins Mr. Papilion You understand the question whether you did give no Information of a Design against my L. Shaftsbury to some Justice of the peace Mr. Haynes No no to none but Mr. Secretary Jenkins L. C. J. You do not observe his question did you ever give to any Justice any Information of a Design against my Lord Shaftsbury Mr. Haynes Yes my Lord I did to Sir George Treby I made Affidavit before him Mr. Papil When was that Mr. Haynes I think it was in March last Mr. Papilion What was that design against my Lord Shaftsbury Mr. Haynes The design was what Mr. Fitz-Gerrald told me he told me he gave under his hand to the King that the Earl of Shaftsbury did resolve to set the Crown upon his own head or otherwise to turn the Kingdom into a Common-wealth Mr. Papilion Fitz-Gerrald told you this and so you made Affidavit of it Mr. Haynes Yes before Sir George Treby Mr. Papilion What time Mr. Haynes It was before the Parliament met at Oxford Mr. Papilion So you say the words were when were the words spoken that you mentioned Mr. Haynes The words against my Lord Mr. Papilion Ay. Mr. Haynes He spake them to me a little before I made Affidavit I cannot tell positively the time Mr. Papilion That was before his Commitment Mr. Haynes Yes yes my Lord was committed in June last this Affidavit was made in March last before the Recorder of London L. C. J. North When you ask him about the Information of the design against my Lord Shaftsbury he says that was in March last and when you ask him about the evidence he gives now that was the same day he was apprehended by the Messenger Mr. Papilion About June you say it was that you say you gave in the Information against my Lord Shaftsbury Mr. Haynes The Information I made against my Lord Shaftsbury was in June last the 28th as I take it of June last Mr. Papilion Where was it you had this discourse Mr. Haynes I had several Conferences with my Lord. Mr. Papilion Did he every time say the same Mr. Haynes The last time I spake with him was in Iron-monger-Lane for Mr. Whitaker told me he would speak with me and he would fain have me explain my self what I did mean by the tall man I mentioned in the Narrative and I went to the house and they told me he was there and I sent up a Note and he desired me to come up but I sent word I did not care to come up because I would not be known and so he sent me word to meet him after Dinner and when I came my name is Haynes my Lord said I and I led his Lordship by the hand and went in there I had I believe a whole hours discourse with him and pray my Lord said I among other questions what Religion is the King of truly says he Mr. Haynes he hath no more Religion than an horse for saith he they say Sir he was inclined to Popery when he came first to England says he he had a tincture of Popery and was much inclined that way but since he was degenerated from all the Principles of Christianity for he is just like a perfect Beast Mr. Papilion This you say was in Iron-monger-Lane Mr. Haynes Ay Sir at a Pastery Cooks Shop Mr. Papilion What time was it Mr. Haynes After Dinner in the after-noon Mr. Papilion In June or when Mr. Haynes I cannot tell what time positively it was about the time of the Trial of Fitz-Harris Mr. Papilion Was it the same time he spake about the D. of Buckingham Mr. Haynes No no. Mr. Papilion When was that Mr. Haynes That was when I was with him at his own house and desired him not to expose me Mr. Papilion What time Mr. Haynes I cannot tell Sir for I never thought I should be called to an account for it and I cannot keep an Almanack in my head and I desired them not to expose me to the King's fury for I heard the King was displeased with me no says he you are mistaken this is the best opportunity we can have and if he will not give you a Pardon we will raise the whole Kingdom against him in Arms and then he makes himself the Master and Author of the Plot and consequently he must expect to be ruined unless he grant you a pardon Mr. Papilion Did you ever hear any other words than what you have now testified Mr. Haynes Yes Sir for I discoursed with him in Iron-monger-Lane a great while and told him that our only and best way to have our ends of the King was to raise a Rebellion in Ireland and that I had relations and friends and could get discontented Persons enough and his Lordship would do the work here Mr. Papilion What did you propound a Rebellion in Ireland Mr. Haynes I offered to go beyond Sea and that now was the best time to raise a Rebellion in Ireland and he said that was not the best way for they had other means to take and so the discourse was waved Mr. Papilion And is that all Mr. Haynes That is all I remember now Mr. Papilion Do you know of any other place or time Mr. Haynes I was with him at his house Mr. Papil Were you ever a witness for my Lady Windham or against her Mr. Haynes No Sir but she arrested me because I said I lay with her John Macnamara Mr. Papilion Mr. Macnamara when was it you had this discourse with my L. Shaftsbury what is the time as near as you remember Mr. Mac. In March and April last Sir Mr. Papilion Twice then do you speak of Mr. Mac. Yes Sir Mr. Papilion Which is that that was in April Mr. Mac. That was the last the last discourse was in April Mr. Papilion To what purpose was that Mr. Mac. My Lord said that the King deserved to be deposed as much as King Richard the second did Mr. Papilion In April you say Mr. Mac. In April Mr. Papilion When did you give Information of this Mr. Mac. I cannot exactly tell Sir Mr. Papilion Repeat what you said Mr. Mac. That the King deserved to be deposed as much as King Richard the Second and that he took the Dutchess of Mazarines advice in every particular which was the worst of Woman kind Mr. Papilion What time in April was this Mr. Mac. It was in the beginning of April Mr. Papilion Where Mr. Mac. In his own house Mr. Papilion Who was present Mr. Mac. There was Mr. Ivey by Mr. Papilion When did you make information of this Mr. Mac. I cannot tell it was a good while ago Mr. Papilion Was it before his Commitment Mr. Mac. Yes Sir it was Mr. Papilion To whom did you give information Mr. Mac. To the Secretary of State Sir Mr. Papilion Which of them Mr. Mac. Mr. Secretary Jenkins Sir Mr. Papilion Did