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afterwards smarted for it, upon other pretences) and his accusers, as his declaration sets forth, did like honest, understanding gentlemen : and for conspiring to indict bim of high-treason, for had they done otherwise, to avoid the ignominy which they solicited Wilkinson to give false. of being called (though in truth it was an ho- testimony against the said earl, &c. The de. nour to be) an Ignorainus-jury, they had justly fendants moves, that they might not be tried in deserved the reproach, which since has lighted London, because the sheriffs, Mr. Pilkington on other juries; such ils Mr. Cornish's, and and Mr. Shute, were the lord Shaftesbury's the like. The people were generally so well friends. The judges allowed their plea ; but satisfied, that the spite of the papists was the earl would not try his cause elsewhere." grounded on the lord Shaftesbury's apparent The Case of lord Shaftesbury v. Graham zeal for the religion and liberties, that they and Craddock, is reported, Skinn. 40. 1 Vent. publicly rejoiced in his deliverance, and marle 363. 2 Jon. 192. 2 Show. 197. Mr. Leach, bonfires that evening in several parts of the in his edition of the last of these books, has recity. Graham (who was the solicitor against ferred to several cases respecting the changing him, and had managed the Irish evidence) had of the venue. To other cases on the same much ado to escape the fi:ry of the multitude; subject, he has referred in the Case of Thompand the judges (as they themselves contissed son v. sir William Scrogys, 2 Show. 176. That in Graham's trial) were affronted as they sate was an action against sir William Scrogys for on the bench. The earl being cleared by the a battery committed in Suffolk; which sir Bar. grand-jury, moved to be discharged, but could tholomew Shower tells us in conclusion, "Mr. not obtain it till the end of the next term. Thompson forgave and desisted on a treat giren When he was at liberty, he prosecuted Graham by sir William Scroggs," &c.
The following Account of this Proceeding against Lord SHAFTES
BURY and of what afterwards befel him, is extracted from "Rawleigh Redivivus, or the Life and Death of the Right Hon. Anthony late Earl of Shaftesbury.” Second Edition ; printed in
1683. “ NOT long after tlie dissolution of the Ox- , senger, by virtue of a warrant from the council, ford-parliament, one Brian Hans came to his and his papers all seized and carried to Whitelordship, pretending to be some gentleman of hall, where the king likewise arrived from quality, and that he could make very considera- Windsor, about ten of the clock; and then he ble discoveries of the popish plot, and the murder was examined before his majesty and the counof sir Edmundbury Godfrey : and desired his cil; some of the judges likewise were present. lordship in order thereunto to procure him a His lordship knowing himself clear of wbat was blank pardon, being very unwilling, as he pre- laid to his charge, boldly affirmed and solemntended, to have bis name known, until he had his ly protested his innocency, adding as it was repardun procured for him. The earl, who was ported, that were be guilty of those crimes always ready to serve his majesty and the Pro. whereof he was accused, he was certainly a testant interest, and supposing that this could mad man, and had thereby rendered himself be no inconsiderable piece of service, to dis- more fit for Bedlam, than the Tower, whither cover the murder of the aforesaid knight more upon the sequel he was committed close prifully than had been hitherto done, which must soner for High Treason, and conveyed thither necessarily give a greater light into the plot; by water, in a barge : and the king returned he endeavoured to get him one, but it could not the same day to Windsor. And now the better be obtained. And not long after, this pretended to prepare peoples minds to believe what he gentleman of quality dwindled into a mean was to be charged withal, the Jesuit and com: and obscure wretch, and of a pretended evi- demned priests in Newgate, and some other of dence of the real Popish Plot, degenerated into a the popish crew, privately dispersed divers blustering witness of a fictitious Protestant one. hellish and lying pampblets, wherein they maFor being apprehended, and carried before the liciously aspersed him with conspiring, treason council, instead of discovering any thing about against his majesty ; one whereof, which was the death of sir Edmundbury Godfrey, he ac. somewhat more impudent and mischievous than cused his lordship and others of having en the rest, and was called, Articles against the deavoured to suborn him to do it. Whereupon earl of Shaftesbury, was dispensed with some Mr. Rouse a gentleman who had been some- privacy and caution. The articles were as foltime employed by sir Thomas Player in pay-lows: ing of the army which had been disbanded not 1. • That he imagined to compass and prolong before ; and Mr. Colledge, wbo had at- 'cure the death of the king, the subversion o tended some of the parliament-men to Oxford, the government, and the known laws of the and Saturday, July the 2nd 1681, in the morn- land, by reducing this antient monarchy into ing, his lordship was apprehended by a mes- ' a republic.
2. • That he used great endeavours to possess | Habeas Corpus; to which the court returned the people that his majesty was a papist, and answer, That being charged with no crime in
designed to introduce popery and arbitrary that court, and being prisoners in the Tower, * power ; and to that end had promoted several they could take no cognizance of them, but seditious and treasonable libels against his they must seek their relief at the King's-bench · majesty's person and government, purposely bar, the next term. Great preparations were * to bring his majesty into an odium and con
made for bis trial, and abundance of witnesses "tempt with his loving subjects.
procured; and Mr. Samuel Wilson, a gentle3. That he endeavoured to levy war against man belonging to his lordship, was likewise the king, both in England and Ireland, and committed to prison, for speaking some treabring blood-shed and confusion upon his ma
sonable words, as was sworn by some of those jesty's good people, under pretence of prose- evidences. Now you must know, this Wilson cuting the Popish Plot, and preserving the was the gentleman whom his lordship intrusted
protestant religion, the liberty and property to attend the council when his papers were of the subject, as he and his confederates have looked over, and take away those which were done in the late rebellion.
returned, and indorse the rest with his own 4." That he endeavoured to render the name; and that the paper said to be found in church of England as ridiculous as popery, the earl's closet, purporting an Association, was * and defamed all his majesty's officers both pot indorsed by him. 6 by land and sea, and all others, who out of a
“ In the mean time, notwithstanding they * due sense of loyalty adhere to the crowo, stil- had abundance of witnesses, yet they desired 'ing them tories, tantivies, masqueraders, &c.
to have some whose port and tigure in the purposely to frighten them from their duty, world might procure them
the greater credit, and wean them from their sovereign, to ad- and thereby render them the more capable of here to him and his faction.
accomplishing their end in the earl's ruin ; and, 5. • That he countenanced, harboured, and
as they imagined, fortune offered them the • hired persons to swear against the queen, and
most likely and favourable opportunity that "his royal highness.
could possibly be desired or wished for, by the 6."'T'hat lie procured several sums of money following accident. Captain Henry Wilkin' to be raised and collected to carry on those son, a gentleman that had always esponsed the * most abuminable designs:?
royal interest, and had hazarded his life, and " And to represent him as monstrously un-impaired his estate in the service of his prince, natural and bloody as themselves; and render having a desire to settle in the island of Caro him hateful and detestable to all men who would lina, applied himself to the proprietors for an beso brainless as to believe the silly and ridicu- employment in that country; and had, upon laus shams; the articler adds in the close of the account of his loyalty to his majesty, a his libel, this strange and improbable rodom promise made him of being employed as goantudo, that when the sergeant at arms ap
vernor under the proprietors by bis lordship, prebended him, he desired him to eat something who was one of the chief proprietors, to whom before he appeared before the king and council; upon the account of his great judgment and whereupon, says the libeller, bis lordship an- discretion, the rest had coinmitted the whole swered, I have no stoinach to eat unless I management. The captain having. obtained could get a roasted Irishman.'
this promise, hired two ships to convey him“ The Sessions of the Peace for London and self and family, and what other persons were to liddlesex beginning on the Wednesday follow- go with him thither, whereof one of them was ing he presented a petition to the court, desir- a relation of mine. Upon this, one Booth, a ing to be brought to a speedy trial, or else ad person well born, but by his wieked and proflimitted to bail. Upon the 8th Stephen Col- gate life, had wasted his patrimony, lost all ledge had an Indictment presented against him his employments, and rendered himself very to the grand Jury, who were all of them sub- indigent and necessitous, applied himself to the stantial men ; and after having heard all that captain, desired to go with him to Carolina ; could be said on both sides, they returned an
and withal prefixed a time for coming on Ignoramus upon the hill: but being removed board, and engaged to bring with him about sixto Oxford, and tried there, was found guilty, teen servants or upwards. This was easily and was accordingly condemned and executed; promised, but not so easily performed: servants and a forged paper presented and published by and companions enough he might have bad, one Thompson a printer, and supposed to be whè had, like himself
, reduced themselves to writ by some Jesuit, who are always so good poverty and distress, and would for that reason at inventing of shams, called, his last speech, have been glad of such an opportunity of being wherein he was made to confess all that he was freed from the scorn and contempt of their accharged with, although it afterwards appeared quaintance, and the dread of a gaol : but how to that he absolutely denied, he was any way pay for their passage, or employ them when they guilty, affirming his innocency to his last came there, he knew no more than the man in
August 31, bis lordship presented the moon, But after a little consideration, he another petition to the judges at the sessions at resolved of the following adventure to supply the Old-Bailey, desiring that he might be that difficulty: he first forged letters, as directciber tried or bailed, pursuant to the act of ed to bim from persons of quality, desiring
bine to buy them severat rich goods of mercers, others of his passengers, and having had two drapers, upholsterers, &c. and then be went ships lie so long at bis own charges to attend with those letters to some tradesmen, with them, had thereby contracted some debts, for whom be had for that purpose procured some which he was arrested, and his ship and goods kind of acquaintance, shews them the letters, seized on. When he was first arrested he was tells them, if they would use him well
, he would sent to the Compter, but quickly after removed buy the goeds of them : you shalt, says he, himself to the King's-bench. This acekdent have your money as soon as I have acquainted created new thoughts in Booth's working the persons that I have bought the goods, and brain, and put him upon a new projeet for the can receive an answer from them again. After repairing of his broken fortunes, and the this manner he went to Mr. Halford a mercer making himself amends for his late disappointin the Strand, with a pretended letter from the ment. The earl of Shaftesbury committed the lady Ogle, now duchess of Somerset ; where other day to the Tower for high-treason, and in he was ordered to buy her several curi- Wilkinson, who was upon his commendatim ous flowered silks, and other rich goods, to the to have gone deputy-governor of Carolina, in value of betweev two and three hundred pounds: the King's-bench for debt ; and can I contrive that Mr. Halford might give the better credit to get no advantage thereby ? Yes, in spight of to the business, he procured the gentleman's fate, and maugre all the powers of Heaven brother to go with him. And for your brothers and Hell, I will attempt it ; I will set up for sake, Sir, said he, I have a very great kindness an evidence myself, and will so manage the for you, and would rather you should take my matter, that I will procure him to be one too : money
than any other man : adding, that he his poverty and loss, and the sorrows of a expected shortly to be steward to the duke of gaol, will undoubtedly dispose him to a compliNorfolk, and then he would endeavour to pro- ance with my motion. But therein the mer. cure him the custom of that family. But sup- cenary wretch reckoned without his host, and posing the shop to be too public, and therefore found himself wofully deceived in the idle inanot safe enough to treat in, he invited him to gination that every man's conscience was a the Kings-Arms tavern, and there discoursed much vitiated and depraved as his own, and the business. I have not all the goods you men- would adventure upon the most vile and allotion, in my shop, says Halford,
but in a day or minable practices whatsoever, in hope thereby two I can get them: pray do, says he. You to free themselves from those pinching neces may be sure Halford, imagining he had gotten sities which they were involved in ; and by a brave customer, applied himself with double failing in that enterprize, learned the true dif diligence to procure the goods against the time ference between being impoverished by the appointed; but the merchant he bought them want of success in trade or merchandize, and of knowing they were goods he did not usually the being undone by profuseness and debatdeal in, especially such quantities, he asked him chery. who they were for ? Whereupon Halford told “ Before he adventured to address himself to him the whole story. You had' best have a the captain about the business, he sent others care you are not cheated, says he, I do not like to break the matter to him, relating the parthe business; however, you may do as you find ticular circumstances the captain was at that occasion. At the time appointed he came to time under, and instructing him how to behave see the goods, and liked them very well, and themselves towards him. Being thus is intended they should have been the cheapest structed, Octob. 8, 1681, Bains visited the that ever he bought. But Halford being thus captain in the King's bench, where, after some eautioned, told him the goods came to a great compliments and preparatory discourse, deat of money ; that he was a young beginner, make way for, and dispose the captain to and could not conveniently trust him for them ; comply with what he had to offer, he prebut if he would pay him ready money, he ceeded to tell him, that he must needs know would, to oblige him, sell bim cheaper than he something of the earl of Shaftesbury's design should buy at any other shop. Sir, said Booth, against the king, and persuading him to disI am content, I will come and fetch the goods, cover it to him ; and promised if he would do and pay you ready money ; but never came so, he would procure him a pardon, and : near him more. After the same manner he great reward. The captain answered, Ile went to Mr. John Ridges an upholsterer, who knew nothing by his lordship, but that he was lives in St. James's near St. James's house, a very loyal person. So soon as he was gone. and hath a shop likewise in Long-lane in the the captain acquainted major James with what City ; but came off with the like success. My Bains had offered ; and the major presently design of brevity will not permit me to mention took his pen and ink, and wrote it down in his all his tricks of this nature, nor how he served pocket-book. Two or three days after, Booth the taylor in Field-lane.
adventured to try his own fortune ; and that "These disappointments rendered him una- he might prove more successful than luis foreble to perform his promise to the captain, and runner, procured leave for the captain to wholly diverted his thoughts from Carolina, out of the prison to Booth's lodging at Mr. accounting it a vain thing to go thither, being Weaver's in the Rules, where they entertained thus unhappily disappointed of his cargo: and him with a noble and splendid treat ; and a the Captain being so disappointed by him and sured him, if he would be an evidence against
the earl, he should have 500l. per ann. settled | bought himself a very good stone-horse, with upon him and his heirs as a reward ; or if he other accoutrements for the said service; and liked 1,000l. in ready money better, he should that captain Wilkinson promised to furnish his have so much paid" him down: and finding man with a borse. Now, that the world may bin still untractable, they persuaded his wife the better judge of the truth or falseness of to use ber interest with hini, and endeavour to what this man swore in the face of so great an prevail with bim, and work hím to a compli- assembly, and from thence argue the validity ance with what they desired, telling her, she of the other evidences, I have transcribed vermight thereby be made for ever. But when batim an advertisement, which was thereupon all this, and many other contrivances failed published the next week in Janeway's Intellithem, they gave in an information of high gence, Number 65. treason against him to the king and council, • Whereas upon Thursday last, an indictby whose order he was brought before them, ment was preferred to the Grand-jury at the and straitly examined concerning what he Old-Bailey against the right honourable the knew of a Plot against the king, and to have earl of Shaftesbury, and whereas Mr. Booth seized on bis person at Oxford. The captain was produced as one of the evidences, who persisted in his own innocency, and affirmed
open Court, that captain Wilkinsosi he knew no such thing by the lord Shaftesbury, was engaged with the said earl against his or any other. Then Booth swore high treason majesty and the government, and that the against him, and deposed that Wilkinson was said captain was to command a troop of horse to have been captain of a troop of horse con-' to be mounted with fifty gentlemen, and that sisting of fifty men, which were to be em- the said Mr. Booth' had listed himself as one ployed in seizing the king at Oxford, when the of the troop. Also the said Mr. Booth made parliament sat there : and to gain the greater oath, that he had bought himself a good stonecredit to his oath, and make the thing more horse, and other accoutrements for the said probable, he affirmed himself was listed under service, and captain Wilkinson was to furnish him as one of them ; although to my know-his man with a horse. ledge, and the knowledge of many more, the • This is therefore to give notice, that if any gentleman at that very time when the parlia: 'one can make it appear, that Mr. Booth meat met at Oxford, and this was pretended bought any such horse, with his marks and to be done, was busily employed in the afore-colour, and who he bought him of about said affair of providing for his voyage to Ca- • March last, or that he had any such horse rolina.
• within that time, and what stable he was kept - " The captain, upon this deposition, was • at, shall havė, upon good proof made thereof committed back again to the King's-bench to the said captain Wilkinson, tive guineas prison, where he acquainted the major with paid bin for a reward of his pains. what had passed at the council'; and he writ * Also if any person can make appear, that that down likewise as he had done the rest : • the said captain Wilkinson bath bought or and the captain willing to expose the villany, had any borse, gelding, or mare, for these and prevent the mischief of his mercenary * two years last past, or ever hath been upon breath, published an account of the whole the back of any for the saine space of time, matter to the world, to which I refer the reader saving one gelding which he borrowed to ride for further satisfaction.
• to Wickam, when the members of the last “ His lordship having continued in the Tower parliament went to Oxford ; or that evet from July, till the latter end of Noveinber, captain Wilkinson hath been 'nearer Oxford without obtaining a trial, his majesty then these 20 years, than the said town of Wickam, issued out a commission of Oyer and Termi- upon proof thereof, he shall have five guineas ner, to be held at the Old-Bailey on the 24th, for his reward. · Henry WILKINSON.' of that month, wben an indictment of high “ It is worthy of every man's consideration, treason against his lordship was preferred to that this was not delayed till the thing was worn the Grand-jury summoned upon that occasion, out of mind, but published whilst it was yet hot which was the most substantial of any that and fresh in every man's memory; and that had been known for a long time before. The therefore if any such horse had been bought ang Court being set, and the jury sworn, the wit- kept by Booth, either the person who sold him, nesses gave in the like evidence to the Court or those who were present at the buying of as they had formerly done to the council. him, or the inn-keeper where he stood, or the They generally swore much to the same pur- ostler that looked to him, or some one or other poses ; and Booth was one of the chief evi- who must undoubtedly have seen him ride, or dences, who declared upon oath, that the earl at least the person to whom he afterwards sold told bim, that he and others had considered him, would certainly, either out of a principle with themselves, it was necessary for them to of love and loyalty to his majesty, to detect the have guards at Oxford ; and that he had for impudence of the captain in publishing this de. that reason provided fifty gentlemen, and had claration, to vindicate the honour and
reputation intrusted captain Wilkinson with the command of Booth, to despite the earl and render him the and management of them ; that he himself more guilty, or else out of love and desire of was listed as one of them, (yet could name the five guineas, have appeared and given evi, Hone of the rest) and that he had thereupor dence thereof. The same may be said of the
captain's horse ; and therefore it must be grant- that an indifferent jury might as well be had ed, that neither the one nor the other had any there, as in any county in England. On horse at all: and if so, how improbable a story the 12th the like motion was made in the it is, that the captain should command a troop behalf of Grabam: whereupon his lordship of horse, when at that same time he had not a finding he could not have it tried in Jondod, horse to ride on, nor never had been in twenty and not willing it should be tried in any years at the place where this troop was to be other county, iu regard an address of abhor commanded. And yet upon the evidence of rence against a certain paper said to be found this man, and others of the like temper, some in his lordship's closet, importing an association, men would have had his lordship found guilty, was preferred in most counties; declared, that and convicted of no less crime than bigh-trea- since he could not have the undoubted privilege son? railing against and vilifying the grand of a peer, to lay bis action in any county jury for doing otherwise.
in England, he would remit it at present
, * After a full hearing of all that the witnesses and wait till he had a better opportunity to had to say, the jury thought themselves obliged revive it. to return an Ignoramus, upon the bill; which “ After this, his lordship continued at his occasioned a general joy and satisfaction, as house in Aldersgate-street until the Novemplainly appeared by the many bone-fires which ber following, and then he went over to Hol. were that night made almost in every street, land. The seas were somewhat tempestuous : and at several country towns, upon hearing the and some who went over in company with the news thereof.
same ship, were cast away ; but the providence “ The eari being thus cleared by the grand cf God ordered that to save bis life, which is jury, moved to be discharged, but could not often the loss of others; viz. an unskilful pilot
, obtain it till the 13th of February following; who being not well acquainted with the haren, and then both he and several others who were and withal somewhat timorous, would not prisoners upon the account of this inaginary be persuaded to venture in till he had a calmer plot, were released. And having thus gained sea. As soon as he arrived, and was known, Luis liberty, he arrested several persons, where he was visited by some of the states, and others of some of them were evidences against him, in of the greatest quality, who welcomed bin into an action of conspiracy, and one Cradock and that couniry, and congratulated his having s others in an action of scandalum magnatum; happily escaped the danger of the seas. but was not able to bring any of them to a trial. “ The earl, not long after his arrival, took For on the 4th of May, being the first day of a spacious house in Amsterdam, where he iothe term, Cradock, whose trial was expected to tended to reside ; he was to pay for it a yearly be brought on first, moved by his counsel, that rent of 150l. per annum : but before the the trial might not be in London or Middlesex, house was furnished and fitted for his use, but in some other county ; upon which motion his usual distemper, the gout, seized lim. the court ordered, That on Friday following and handled him with great violence for sorte the earl should shew cause, why it should not days, and then it began to wear away, and the be tried in ansther county. Accordingly his carl was indifferently recovered ; but suddenly iordship appeared in court liimself, and de- and unexpectedly returning again, and getting clared it was his desire to have it tried by an into his stomach, he fell into a dangerous reindiferent jury, but only desired to have it tried lapse, which proved mortal, and terminated in shuttern by a Middlesex jury; asserting, his death."
Reinarks on the Earl of SHAFT ESBURY's Grand Jury. By Sir Jous
HAWLES, Solicitor General in the Reign of William III. TIJE next person questioned was the earl the paper produced was the paper delivered ot' Shaftesbury, against whom a bill of high- him by Mr. Blathwaite, and it was unaltertreason was preferred to the grand jury, at ibe cd. Then the paper was read, the effect sessions-house, on the 24th day of November of which was a project of an association signed 1681. The evidence was publicly given in by no person, and whose hand-writing it was, court, and was this; Mr. Blathwaite swore he none knew. John Booth swore, that he was found the papers then produced in a velvet bag engaged to captain Wilkinson, who pretended in the great trank, which was taken by Mr. to have a commission from ibe lord ShattesGwynne in the lord Shaftesbury's house." Mr. bury and several others to go for Carolina ; be Gwynee swore all the papers in the velvet was about that time introduced into the earl's bag, when he delivered them to Mr. Blath- acquaintance by the captain, where was a diswaite, were taken by him in the lord Shaltes- course about Carolina business ; he was four bury's house: sir Leoline Jenkins swore, or five times between Christmas and March,
with the earl and the captain: that the captain See the Remarks at the end of Fitz-har- told him he was to command 50 men to be the ris's and Colledge's Cases, ante, pp. 429, 723. earl's guard at Oxon, and would have bad bun