An exact abridgment of all the trials (not omitting any material passage therein) which have been published since the year 1678: relating to the popish, and pretended Protestant-plots in the reigns of King Charles the 2d, and King James the 2d.

The proceedings at the Sessions-House in the Old-Baily, London, on Thursday No∣vember 24. 1681. before his Majesty's Commissioners of Oyer and Terminer, upon on the Bill of Indictment for High-Treason against Anthony Earl of Shafts∣bury.

The Grand Jury.

• Sir Samuel Barnardiston.
• ...John Morden.
• ...Thomas Papillon.
• ...John Dubois.
• ...Charles Herle.
• ...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 Lord Chief Justice Pemberton gave the Charge; wherein he explained the Na∣ture of Treason, particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses, and the Jury's present Duty. After which, a Bill of High-Treason was offered against the Earl of Shaftsbury; and Sir Francis Withens moved, That the Evidence might be heard in Court. Then the Jury desired a Copy of their Oath, which the Court granted, and

then they withdrew. After some little time they returned, and being called over by their Names, The Foreman acquainted the Lord Chief Justice, That it was the Opinion of the Jury, and they claim'd, as their Right, that they ought to examine the Witnesses in private. But the Lord Chief Justice deny'd that it was their Right, but was their Advantage; and it was the King's desire it should be publick; in which also the Lord Chief Justice North concurr'd; and then therefore the Indictment was read, wherein the Earl of Shaftsbury was charged with High-Treason, for conspiring the Death of the King, and subversion of the Government.

The Jury then desired a List of the Names of the King's Evidence: But they were told, that they being indorsed upon the back of the In∣dictment, which they were to have out with them, it was needless. Then they requested to see the Warrant by which the Earl of Shafts∣bury was committed; but that, they being told that the Lieutenant of the Tower kept for his Indemnity, could not be granted. Then they requested that the Evidence might be put apart and examined one by one; which was granted.

And then William Blathwayt Esq appeared, and delivered in a Paper, deposing, that it was put into his Custody by Mr. Gwyn, Clerk of the Council, who seiz'd it among others in my Lord Shaftsbury's House, and brought them to the Council-Office, put them into one of the Rooms, look'd the Door, and deliver'd the Key to him. And being ordered by the Committee of Exa∣minations,

he fetch'd up the Trunks and Papers into the Council-Chamber; and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed, and then opened on July 6. in the presence of Mr. Samuel Wilson, and Mr. Starkey, who were both appointed by the Lord of Shaftsbury.

Then Mr. Gwyn being called, deposed, That on July 2. by a Warrant from the Secretary, he searched the Lord Shaftsbury's House for Pa∣pers where was a great Hair-Trunk, in which were several sorts of them; and a Velvet Bag, into which he put some loose Papers, and sealed up the Trunk; and, being sent another way, he deliver'd it to Mr. Blathwayt; That all the Pa∣pers that were in the Velvet Bag, he had in my Lord's Closet; and that nothing was in that Bag but what he had there, when he delivered it to Mr. Blathwayt.

Then Mr. Secretary Jenkins deposed, That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber, with nine more, which he had kept under Lock and Key ever since, till Monday last, when he took them out; and being numbred, sent them sealed to Mr. Graham, who brought them back to him again without any alteration whatsoever.

The Paper then was read, which was to this effect.

That We the Knights, &c. finding, to the grief of our Hearts, the Papists Con∣trivances against the Protestant Religion, the Life of the King, and Laws and Liberties of the Nation, to set up Arbitrary Power and Slavery. And it being notorious that they have received

Encouragement and Protection from James D. of York, and from their Expectations of his succeeding to the Crown, &c. And that by his Influences, Mercenary Forces have been levied, Parliaments unreasonably Prorogued and Dissolved, and the Army and Ammunition put into the hands of his Party, and the Re∣putation and Treasure of the Kingdom hereby wasted;—That therefore they endeavoured to Exclude him from the Succession to the Crown;—and that failing, they have now thought fit to propose to all true Protestants an Union amongst themselves, by solemn and sacred Promise of mutual Defence and As∣sistance, in the Preservation of the Prote∣stant Religion, the King's Person and State, and our Laws, Liberties and Properties, in a Declaration in the Form ensuing.

Which was to this effect.

First, The Person swears to maintain the Protestant Religion against Popery. Secondly, The King's Person and State; as also the Power and Privi∣ledges of Parliaments, Rights and Liberties of Subjects, &c. Thirdly, That J. D. of Y. having profess'd himself a Papist, and given Life to the Plot, that therefore he would oppose his, or any other Papist's coming to the Crown, by all lawful Means, and by force of Arms, if need so require, &c.

To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association, and to defend all that enter into it; And do engage, that they will obey such Orders as they 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 them in their several Counties, &c. until the next meeting of Parliament, &c.—And that they would stick to this As∣sociation during Life, &c. In witness where∣of, &c.

Never a Hand was to this Paper. Which being read, and briefly descanted upon by the Counsel for the King, John Booth was then called forth, who deposed, That about the middle of Ja∣nuary last, be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson, (a Yorkshire Gentleman, an old Royalist, and an old Acquaintance of his) about some Concern relating to Carolina. After which he went frequently to my Lord's House, and between Christmas and March four or five times; Where he hath heard him sharply inveigh against the Times, and thought himself under∣valued, and feared that Popery would be intro∣duced. And that the Oxford Parliament, that was then shortly to meet, would give the King no Mony, unless he would satisfy them in what they would insist upon; which, he said, would be the Bill of the Exclusion, and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penal∣ties of the Laws, which, if refused, would make a Breach between the King and Parliament; whose meeting at Oxford was designed only to

over-awe them; And therefore that himself, and divers Noble Lords, and Members of the Commons had considered their own Safety; and that he had establish'd a matter of fifty Men, Persons of Quality, that he believed would have Men along with them; and he intrusted Capt. Wilkinson with the Command of these Men, who were to come to Oxford at such a time; and if there were any Breach or Distur∣bance, they were to be ready to assist him and those other Persons in his Confederacy, to purge the Guards of all Papists and Tories, and purge from the King those evil Counsellors which were about him; naming, the Earl of Worcester, the Lord Clarendon, the Lord Hallifax, Lord Fever∣sham, and Mr. Hide, now Lord Viscount Hide; whom he look'd upon as dangerous Persons; and then to bring the King away to London, where those things should be established which they designed for the Preservation of the Protestant Religion, and keeping out of Arbitrary Power and Government. Upon which Capt. Wilkinson desired him to be one under his Command, and to provide Horse and Arms, to which he con∣sented, and did so; expecting to be sent for after the Parliament was sat, they insisting upon the things the Lord Shaftsbury had pre∣dicted; but the unexpected News of their Dis∣solution prevented it.—Then, being ask'd when he first discovered this, he answered about six Weeks ago; and related the occasion and manner of his doing so.

Next, Mr. Edward Turbervile deposed, That in February last, he waiting upon the Lord

Shaftsbury about his getting some Mony, and requesting his Letter to the President of the Council to stand his Friend, my Lord said, There was little good to be had from the King, as long as his Guards were about him; were it not for whom, they would quickly go down to White-Hall, and obtain what terms they thought fit.—And that the Rabble were all of that Side, especially the People about Wapping, and Aldersgate-Street; That 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, that he heard my Lord say again, He wondred the People of England should stickle so much about Religion; if he were to choose a Religion, he would have one that should com∣ply with what was apt to carry on their Cause.

Mr. John Smith deposed, That he had often, both in publick and private, heard the Lord Shaftsbury speak very irreverently and slightly of the King, saying, He was a weak Man, an in∣constant Man, of no firm or settled Resolution; easily led by the Nose, as his Father was before him, by a Popish Queen, which was the Ruin of his Father.—And that the King should declare, That the Earl of Shaftsbury was not satisfied to be an ill Man himself, but got over the E. of Essex too.—And that he was the chief promoter of the Rebellion in Scotland; which when it was told him, that he should send back word to the King, That he was glad that the King saw not his own Danger,—But if he were to raise a Re∣bellion,

he could raise another-guess Rebellion than was that in Scotland.—One time particu∣larly, being sent for to the Lord Shaftsburies, ex∣pressing his jealousy of the Irish Witnesses being drawn over to the Court-Party, and retracting what they had said, he order'd him to persuade them from going nigh that Rogue Fitz-Gerald, maintain'd by the King and Court-Party to stifle the Plot in Ireland. Saying also, That when he was in the Tower, he told some, he saw Popery com∣ing in, and that it was hard to prevent it.— And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was, the D. would not be so much concern'd about it as he was.—Afterwards having execu∣ted my Lord's Order, one Mr. Bernard Dennis gave in an Information before Sir Patience Ward, Lord-Mayor, against Fitz-Gerald, that he had tamper'd with him to forswear all he had sworn before; the Copy of which Information he brought to the Lord Shaftsbury; who when he had read it, was very well pleased 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, for that nothing of this Nature could o∣therwise be done. I, says he, these are the very Steps that his Father followed when he was led by his Popish Queen, and the poor Man doth not see his Danger.—Another time, before the Parliament went to Oxford, in discourse, my Lord was saying to him, That there was great Preparations made, and a great many gathered together upon the Road between London and

Oxford, which▪ he said, was to terrify the Par∣liament to comply with the King's Desire, which he was sure they never would, for that the King aimed to bring in Popery: But, said 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, for it has been done in former Times, and he will meet with a very strong Opposition; for all that come out of the Country, shall be well Hors'd and well Arm'd, and so we shall be all; and as old as he was, that he would be one that would oppose to his Power, and die before he would ever bring in Popery, or any thing of that Nature.

Then Mr. Brian Haines deposed, That he had often heard the Lord Shaftsbury vilify the King. And that he and Mr. Ivey going to him one day, about the Narrative he made of Sir Edmondbury Godfrey's Death, he desired him not to expose his Person to the King's Anger, because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby: Says he, Do not fear, if he does not grant you a Pardon, he makes himself the Author of the Plot; and, says he, the Earl of Essex, the Lord Maxfield and I, we do all resolve if you'l put in a Writing, we will go to the King, and beg a Pardon of him for you; which if he does not grant, we will raise the whole Kingdom against him; for he must not expect to live peaceably in his Throne it he doth not grant it; and this is the best Pretence we can have in the World,—we are prepar'd to raise Arms against him.—And af∣ter

(having heard a Pardon could not be had, being begg'd for by the two Mr. Godfries) he praying my Lord for a little Mony to help him to go beyond-Sea, because he was sure he could not be safe in England. My Lord told him, the King durst as well be hang'd as meddle with him.—And one Day he being in Conference, and giving my Lord an exact Account of Trans∣actions, (having been a Traveller) he asked my Lord, What Model of Government was designed, if they pulled the King down? Says he, Do you think there are no Families in Eng∣land that have as much pretence to the Crown as any of the Stewarts? Says he, There is the Duke of Bucks, that is descended of the Family of the Plantagenets, one of the Edwards by his Mo∣ther; and in her Right he should have the Baro∣ny of Ross, and has as good a Title to the Crown of England as ever any Stewart had.

Then John Macnamarra being sworn, deposed, That he being with the Lord Shaftsbury after his return from the Parliament at Oxford, concern∣ing some Provision for the Witnesses; he heard him express himself, That the King was Popish∣ly Affected, and did adhere to Popery, taking the same Methods that his Father before him took, which brought his Father's Head to the Block; and that they would also bring his thi∣ther; and that he had told some Persons of Quality that this would fall out five Years be∣fore.—And at the same time that he said, the King was a Faithless Man, and no Credit was to be given to him; and that the Dutchess of Mazarine was of his Cabinet-Council, who was

the worst Woman-kind.—And that he de∣served to be deposed as much as ever King Ri∣chard the Second did.

Then Dennis Macnamarra deposed, That he also heard the Lord Shaftsbury say, in March or April, in his own House, Mr. Ivey being present, That the King was not to be believe, there was no Belief in him, and he ought to be deposed as well a King Richard the Second; and that the Dutchess of Mazarine was of his Cabinet-Coun∣cil, and he nothing but by her Consent.

Then Mr. Edward Ivey deposed, That being at my Lord's House, soon after the Parliament was dissolved at Oxford, he heard him speak a∣gainst the King, saying, He was an unjust Man, and unfit to Reign; and he wondred her did not take Example by his Father before him, and that he was a Papist in his Heart, and intended to introduce Popery. And afterwards being with him with Hains, he bid Hains to put what he had to say about the Death of Sir Edmondbury God∣frey into writing, and he should have a Pardon; and that if the King did deny it, as he durst not, they would rise upon him and force him.

After him Bernard Dennis being sworn, gave some account of his first coming into England, and how he began his Acquaintance with the Earl of Shaftsbury, and was recommended by him (understanding him to be a Clergy-Man) to Dr. Burnet, and afterward to Mr. Ferguson, in order to the bringing him over; and how my Lord proffer'd him a Benefice.—And that one time being with him, my Lord asked him, How many there might be of his Name in his Coun∣try?

and told him, that he would have him to advise those of his Name, and Friends, to be in a readiness when-ever occasion shall serve, to stand by and assist the Common-Wealth of Eng∣land, for that they did really intend to have Eng∣land under a Common-Wealth, and would ex∣tirpate the King, and all his Family, as near as they could. And said, he admir'd at the Irish Nation to be such Fools; for that it was very certain, that King James, Queen Elizabeth, King Charles the First, and the King that now is does wrong them to very Destruction;—But that a Common-Wealth would take more pity of them than any do now, in this time wherein the King governs.

Here the King's Evidence ceasing, the Jury enquired upon what Statute the Indictment was grounded; and whether any of these Witnesses stood indicted? To which the Court returning a satisfactory Answer, they withdrew, and the Court adjourned till three of the Clock.—When being sat again, the Witnesses were all called one by one, and examined by the Jury concern∣ing what they had severally deposed. Wherein nothing was remarkable, but what they examin'd Mr. Secretary Jenkins, Whether he heard not a Debate in the House of Commons about an Asso∣ciation?—And that Booth acknowledged himself to be in Orders, tho now not Beneficed.—Turber∣vile, and John Macnamarra, that though they signed the Petition to the Common-Council, (for some Maintenance, and that they were tempted to revoke their Evidence) yet never read it, nor knew what was in it.—And that Haynes further

said, That he heard the Lord Shaftsbury say, at a Pastry-Cook's Shop in Iron-Monger Lane, that the King had no more Religion than an Horse;—That when he came came first to Eng∣land, he was inclined to Popery, but since he was degenerated from all the Principles of Chri∣stianity, being just like a perfect Beast.

The Witnesses being examined, the Jury withdrew, and took the Statute-Book with them, and returned the Bill Ignoramus: Upon which the People fell a Hollowing and Shouting; which Mr. Attorn. Gen. desired might be recorded.