cur in the same opinion; and they were re-said, in the city of London aforesaid, as a false solved to insist upon the passing of those bills: traitor, in the presence and hearing of divers And if the king's majesty refused, that they liege subjects of our said sovereign lord the (meaning him the said Anthony earl of Shaf- king then and there present, openly, publicly, tesbury, and the said noble lords and worthy falsely, maliciously, advisedly, and traiterously members) and provided strength to compel the said, asserted, published, and with a loud voice king's majesty to grant thereunto: And that declared, that our now sovereign lord the king for his part, he the said Anthony earl of was a man of an unfaithful heart, and not worShaftesbury had provided stout men to be com- thy to be trusted, and not fit to rule and TV manded by captain Wilkinson, (meaning one govern, being false, unjust, and cruel to his Henry Wilkinson, one of the subjects of our people; and if he would not be governed by now sovereign lord the king ;) of which he his people, that they (meaning him, the said the said Anthony earl of Shaftesbury had Anthony earl of Shaftesbury, and other traiagreed that the said John Booth should be one. tors to the jurors unknown) our said sovereign "And further, the jurors aforesaid upon lord the king would depose, against his alletheir oaths do say, that the aforesaid Anthony giance and duty, and against the peace of our earl of Shaftesbury, his said wicked treasons, said sovereign lord the king, his crown and and traiterous imaginations, to fulfil, perfect dignity, &c. and against the form of the statute and bring to effect afterwards: to wit, the in such case made and provided, &c." said 18th day of March, in the 33rd year of his said now majesty's reign, in the parish and ward aforesaid, within the city of London aforesaid, as a false traitor in the presence and hearing of divers licge people of our said sovereign lord the king, then and there present, openly and publicly, falsely, 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. ན་ 歡雞 3 "And further, the jurors aforesaid upon their oaths do say, that the said Anthony earl of Shaftesbury, 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 33rd year of his said now majesty's reign, in the parish and ward aforesaid, in the city of London aforesaid, as a false traitor, in the presence and hearing of divers liege subjects of our said lord the king then and there present, openly and publicly, falsely, maliciously, advisedly, and traiterously said, asserted, published, and with a loud voice declared, that he the said Anthony earl of Shaftesbury, could never desist, until he had brought this kingdom of England into a commonwealth without a king, and that the said Anthony earl of Shaftesbury, and all those that him the said Anthony earl of Shaftesbury, would assist, (and he knew many that would assist him the said Anthony earl of Shaftesbury) would inake England a commonwealth as Holland was: and that he the said Anthony earl of Shaftesbury, and other traitors 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 Shaftesbury, 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 33rd year of his said now majesty's reign, in the parish and ward afore Sir Fr. Withens. Gentlemen of the jury, this is an indictment against the earl of Shaftesbury; 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 examined a-part, 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 called 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 a-part, 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 called. 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 will hear them named, and you may write them down as they come in. Godfrey. We desire a list; for you told us, the king's counsel had examined them, and knew who they were. L. C. J. I will tell you, the Court is to have their names indorsed, for they do not bring witnesses in hugger-mugger, and I suppose they are indorsed here. L. C. J. North. It is want of experience that makes you ask this; you are told, they are indorsed here. L. C. J. Look you, sir Samuel Barnar disten, you must have the indictment itself out with you, and all their names written upon the back of that indictment; but that you should desire to have the names of them in a roll beforehand, I do not know, if there be any reason that you can assign for it. Foreman. One thing more I have to say, that we may see the warrant by which the earl of Shaftesbury was committed, for there are some other questions depend upon it. L. C. J. That we cannot do, for the lieutenant of the Tower hath that warrant, which he keeps for his indemnity; we cannot demand it from him upon any terms: any thing that you do desire of us, let us know; what is reasonable, and within our power we will grant; and for other desires of your's, we tell the reason why we cannot grant them. Papillon. My lord, if your lordship pleases, I will only acquaint your lordship, that the gentlemen of the jury do seem to be of opinion, that your lordship gives them leave to examine the witnesses; and the jury, because they would not put the Court to too much trouble, do desire, that the witnesses should come one after another, and make their information, and then the jury would withdraw, to consider what proper questions to ask them, and come down again. L. C. J. You shall do so, gentlemen. Look you, we did, at the request of the last jury, use the same method; after they had heard the witnesses what they gave in evidence, they came and desired leave to ask them some questions, which we granted, and they were all called one by one, and did examine them; you shall do so, gentlemen. Att. Gen. I was informed this morning there were several questions to be asked of several witnesses to direct the Grand-jury how to demean themselves. L. C. J. Mr. Attorney, the request is reasonable enough. Harrison. We desire they may be examined one by one. L. C. J. North. I suppose you do not stand upon it for these witnesses, they are clerks of the council, that only prove a paper which it seems was found in the earl of Shaftesbury's house if you will, they may go out, and be called in again. Harrison. We humbly beg it. Godfrey. I was foreman of the jury at Fitzharris's trial, and it was complained he had hard measure from some Irish witnesses, and that it was severe that they should be examined in troops it hath troubled me since that I did not put them out and examine them a-part. L. C. J. Look ye, gentlemen, you that are witnesses for the king, you must go all out, and come in as you are called, one by one. [Which done, William Blathwait, esq. was +produced, and a paper delivered in.] Saunders to Mr. Blathwait. I pray, Sir, give an account how you came by that paper? Blathwait. This paper, gentlemen, was put into my custody by Mr. Gwyn, clerk of the counsel, who seized it among others in my lord Shaftesbury's house: he gave me the key me. of the room where they were kept, and it hath been altogether in my custody, except for a short tim ethat it was delivered to Mr. Secre tary Jenkins, by whom it was re-delivered to Mr. Gwyn having seized papers at my lord Shaftesbury's house brought them to the council-office, and put them into one of the rooms, and locked the door, and delivered the key to me. When I was ordered by the committee of examinations, 1 fetched up the trunks and papers, and brought them into the council chamber, and the trunks were opened in the presence of some of the Lords of the council, and in the presence of Mr. Wilson, who was appointed to attend here on the behalf of my lord Shaftesbury, and he was always present when the papers were taken out of the trunks and bags: This was one paper, and was taken out upon the 6th of July in the presence of Mr. Wilson, who took particular notice of this paper, as may appear by his own hand. The trunk was sealed, it was a great trunk, and it was opened in the presence of Mr. Samuel Wilson and Mr. Starkey, who were both ap pointed by my lord of Shaftesbury. L. C. J. Was this paper found in one of those trunks or boxes that was delivered to you by Mr. Gwyn? Blathwait. This paper was taken out of a velvet-bag which Mr. Gwyn had put into the great trunk, which trunk was sealed and opened in the presence of Mr. Wilson and Mr. Starkey. Sir Fr. Withens. Did you find that paper in the trunk. Blathwait. I took this and others out of the velvet bag, which was in the great trunk L. C. J. Call Mr. Gwyn to give an account where he found these papers. Look you, gentlemen of the jury, you hear what his evi dence is, would you ask him any thing while he is here. [Then Mr. Gwyn coming in.] L. C. J. Where had you the trunk you delivered to Mr. Blathwait? Gwyn. My lord, on the 2nd of July, by a warrant from the secretary, I was commanded to go to my lord Shaftesbury's house to search his papers, I did there meet with a great many papers, and I took a note how I had parted them, and into what parcels I had put the papers; there were several sorts of them in a great hair trunk, and there was a velvet bag in which I put some papers that were loose in my lord's closet above stairs. My lord Shaftesbury, as soon as I came, gave me the keys, and told me where his closets were, and said he would seal them up with his own seal I staid for it, but he sent me word by a gentleman that I might put my own seal if I pleased: I did put my seal upon the trunk, but afterwards being sent another way, I delivered it to this gentleman Mr. Blathwait: whether any of the papers were taken out afterwards I cannot tell. L. C. J. Mr. Gwyn, that your evidence ] STATE TRIALS, 33 CHARLES II. may be the better understood, tell me; were all the papers that were in that velvet bag in my lord Shaftesbury's closet? Gwyn. In my lord Shaftesbury's closet above stairs. L. C. J. This you swear; when you delivered it to Mr. Blathwait, all the papers were in that bag; was there nothing in that bag, but what you took in my lord Shaftesbury's closet? Gwyn. Nothing, my lord. dents upon him by his bestowing offices and preferments both in church and state. "It appearing also to us, that by his influ ence 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 majesty's 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 L. C. J. Look you, gentlemen, you do ob- be disbanded at the kingdom's great expence: serve that this paper was put into the bag by And it being evident, that notwithstanding all Mr. Gwyn, and Mr. Blathwait swears he found the continual endeavours of the parliament to it in the bag, and delivered it to Mr. Secretary deliver his majesty from the counsels, and out Jenkins; therefore if you please, Mr. Secretary of the power of the said D. yet his interest in Jenkins, you shall be sworn whether that paper the ministry of state and others have been so was delivered to you by Mr. Blathwait, be-prevalent, that parliaments have been unreaecause we would clear it as we go, whether that sonably prorogued and dissolved * when they be the paper was delivered to Mr. Secretary Jenkins by Mr. Blathwait: I pray, sir, was that the paper that Mr. Blathwait did deliver into your hands? 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 honour to be at the examination of the papers: this kak was ordered to be put (and was put) into my hands, with nine papers more. for In the State Tracts, there is the following ACCOUNT of Proceedings at the Sessions for the City of Westminster, against THO. WHITFIELD, Scrivener; JOHN SMALLBONES, Woodmonger; and WM. LAUD, Painter; for tearing a Petition prepared to be presented to the King's Majesty, for the sitting of the Parliament. L. C. J. Was it out of your hands? Sec. Jenkins. It was out of my hands; 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.mations of king Charles I.] And it being their 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 numbered; and no manner It being the undoubted right of the subjects land, and the general practice of all former of England, and warranted by the law of the times, in an humble manner to apply themments, by Petition; for the redress of their selves to his majesty, in the absence of parliagrievances, and for the obtaining such things the safety and well-being of the nation. [Vide as they apprehend necessary or beneficial, to the Resolutions of the Law, Cook's Jurisdiction of Courts, 79. Hobart, 220. Vel. Magna Chart. Exil. Spencer, 51. Vide the Procla of alteration was made in this, or any other of the nine papers. L. C. J. Now it appears this was the paper taken in my lord Shaftesbury'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 abet ters, have for several years last past pursued a most pernicious and hellish plot, to root out the true protestant religion as a pestilent Heresy, to take away the life of our gracious king, to subvert our laws and liberties, and to set up arbitrary power and popery. duty to which they are bound, by the express words of the oath of allegiance, to represent to him any danger which they apprehend threatening his royal person or his government; divers persons in and about the city of unspeakable danger his majesty and his king. Westminster, considering the too apparent and doins are in, from the hellish plots and villainous conspiracies of the bloody papists and their adherents; and conceiving no sufficient (or at least so fit) remedy could be provided against it, but by the parliament, by whom 'I do swear from my heart, That I will bear faith and true allegiance to his majesty, his heirs, and successors, and him and them 'will defend to the uttermost of my power against all conspiracies and attempts what"And it being notorious that they have been soever, which shall be made against his or highly encouraged by the countenance and 'their persons, their crown and dignity. And protection given and procured for them by J. 'will do my best endeavour to disclose and D. of Y. and by their expectations of his suc- 'make known unto his majesty, his heirs and ceeding to the crown, and that through crafty 'successors, all treasons and traiterous conspipopish counsels his designs have so far pre-racies, which I shall know or hear of, to be Failed, that he hath great and many depend against him or any of them.’ have been in hot pursuit of the popish conspiracies, and ill ministers of state their assist ants. 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, and reputaalone several persons accused of these accursed liberty of the dean and chapter of the collegiate designs, can be brought to trial, did prepare church of St. Peter, of the city, borough and and sign a petition; humbly representing to town of Westminster, in the county of Middlehis majesty, the imminent danger his royal sex; a Petition written in paper, was prepared person, the Protestant religion, and the govern- and subscribed with the hands of divers the said ment of this nation were in; from that most king's subjects and liege people, (to the jury damnable and hellish plot, branched forth into unknown) and to our said sovereign lord king several the most horrid villainies: for which Charles 2, directed, and to our said sovereign several of the principal conspirators stand im-lord the king to be presented and delivered; by peached by parliament, and thereby humbly praying that the parliament might sit upon the 26th of January, to try the offenders, and to redress the important grievances, no otherways to be redressed; of which Thomas Whitfield, John Smallbones, and William Laud, inhabitants in Westminster, taking notice, upon the 20th day of December last, they sent to Mr. William Horsley, who had signed and promoted the petition, and in whose custody it was, to bring or send it to them, for that they desired to sign it: and thereupon Mr. Horsley attended thein, and producing the petition, in which many persons had joined, he deli-St. Martin's-in-the-Fields, in the liberty afore vered it at their request to be by them read and said, and the county aforesaid, yeoman, John signed; but Mr. Whitfield immediately tore it Smallbones, late of the said parish, within the in pieces, and threw it towards the fire; and liberty aforesaid, in the county aforesaid, woodSmallbones catching it up, said that he would monger, and William Laud, late of the parish not take 10s. for the names, and then they de-aforesaid, in the county aforesaid, yeoman; clared that they sent for it for that very pur-being persons ill-affected, and contriving, depose, and owned themselves all concerned in the design. Upon Mr. Horsley's complaint hereof to a justice of the peace, a warrant was granted against them, and they being taken thereupon, after examination of the matter, were bound to appear and answer it at the next quarter sessions of the peace for the city of Westminster; and upon Friday the 9th of January instant the sessions being holden, and there being present several justices of the peace that are eminent lawyers, the matter was brought before them, and the grand jury indicted the said Whitfield, Smallbones, and Laud as followeth, viz. The City, Borough, and Town of Westminster, in the County of Middlesex. "The jurors for our sovereign lord the king upon their oath do present, That whereas the subjects and liege people of the kings and queens of this realm of England, by the laws and customs of the realm, have used and been accustomed to represent their public grievances by petition, or by any other submissive way; and that the 20th day of December in the 31st year of our lord Charles the 2nd, by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. at the parish of St. Martin's-in-the-Fields, within the which Petition it was shown, That whereas there had been and was a most damnable plot against the royal person of our said sovereign lord the king, the Protestant religion, and wellestablished government of this realm; for which plot several of the principal conspirators were impeached by parliament, and whereby it was humbly prayed that the parliament which was prorogued to the 26th day of January next ensuing in the said year, might then sit to try the offenders, and to redress the pressing griev ances not otherwise to be redressed. And that Thomas Whitfield, late of the said parish of vising and intending as much as in them lay, to hinder the sitting of the said parliament, as was prayed by the said Petition, and also to hinder the trial of the said offenders, and redressing the said grievances, the said 20th day of December in the said 31st year of the reign of our said sovereign lord the king, as rioters and disturbers of the peace of our sovereign lord the king, for the disturbing of the peace of our said sovereign lord the king, with force and arms at the said parish within the liberty aforesaid, in the county aforesaid, unlawfully and riotously did assemble themselves; and being so then and there assembled, with force and arms then and there unlawfully, riotously and injuriously, the said Petition being delivered by one William Horsley to them, the said Thomas Whitfield, John Smallbones and William Laud, at their request, and for the subscribing their names thereunto if they should think fit, did tear in pieces, in contempt of our said sovereign lord the king, and of his laws, to the evil example of all others in the like cases offending, and against the peace of our said sovereign lord the king, his crown and dignity." The names of the Grand-Jury that found the bill, are these: William Jacob, Thomas Trevor, Erasmus Browne, Henry Dugley, Richard Streete, John Henly, John Weston, Martin Frogg, John Pierce, Robert Pinke, some tion, 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 counsels after exemplary justice upon 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 kingdom's safety being utterly rejected, and we left almost in despair of obtaining any real and effectual security, and knowing ourselves to be * intrusted to advise and act for the preservation Nathanael Wilkinson, Edward Whitefoot, John 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 union amongst themselves, by solemn and sacred promise of mutual defence and assistance in the preservation of the true Protestant religion, his majesty's person and royal state, and our laws, liberties, and properties, and we hold it our bounden duty to join ourselves for the same intent în a declaration of our united affections and resolutions in the form ensuing: "1. A. B. do in the presence of God solemnly promise, vow, 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 or shall endeavour to spread or advance it within this kingdom. "I will also, as far as in me lies, maintain and defend his majesty's royal person and estate; as also the power and privilege 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. Upon Wednesday the 7th of this instant January, many gentlemen and eminent citizens, who had been concerned for managing "Moreover J. D. of Y. having publicly the Petition for the sitting of the parliament, professed and owned the popish religion, and upon the 26th instant, met together and agreed notoriously given life and birth to the damnable upon the method of finishing the same, and of hellish plots of the papists against his majesty's nominating fit persons for the presenting it to person, the protestant religion, and the gohis majesty; which being accordingly done, vernment of this kingdom; I will never conthese gentlemen following, viz. sir Gilbert Ger- sent that the said J. D. of Y. or any other, who rard, bart. son-in-law to the late bishop of Dur- is or hath been a papist or any ways adhered ham; Francis Charlton, John Ellis, John to the papists in their wicked designs, be adSmith, Johnson, of Stepney, Ellis Crispe, Anmitted to the succession of the crown of Engthony Seiby, Henry Ashurst, Thomas Smith, land; but by all lawful means, and by force of esqrs. gentlemen of good worth and estates, arms if need so require, according to my abiand several of whom have been eminent suf-lities, will oppose him, and endeavour to subferers for his majesty, did this 13th of January, attend his majesty with it at Whitehall, when being introduced to his royal presence, sir Gilbert Gerrard kneeling, presented the Petition. Sir John Reresby says: "This evening, (Oct. 20), his majesty talked with me a great while, in St. James's Park, and at the duchess of Portsmouth's; his discourse ran chiefly upon the late unequal verdicts and proceedings of the juries of London and Middlesex; concerning which he broke out into this expression, 'It is a hard case that I am the last man to 'have law and justice in the whole nation.'" It is likely enough that the rejection of the bills against Shaftesbury and Colledge was a cause of the attack upon the charter of the city. See the Case of the Quo Warranto in this Collection, A. D. 1681, and the passage from Roger Coke, cited in a Note thereto. VOL. VIII. due, expel, and 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 public enemies of our laws, religion and country. hands are here under-written, do most willingly "To this end we and every one of us whose bind ourselves and every one of us unto the firm and loyal society or association, and do other jointly and severally, in the bond of one promise and vow before God, that with our joint 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 lest this just and pious work 3 E |