THE PROCEED AGAINST THE RIGHT HONOURABLE THE Earl of Shaftsbury, AT THE OLD BAILIE, On Thursday the Twenty fourth of November, 1681.  
As they were taken by an Impartial Hand, and faithfully transmitted to every  Reader.  
With Sufficient Reasons to justify the Grand Jury in bringing in the Bill Ignoramus.  
LONDON, Printed for H. Jones. 1681.   

At the Sessions at the Old Bailie, on Thursday, November the Twenty fourth, 1681. held by Commission of Oyer and Terminer within Term.  
THE Commission being read, the Panel of the Grand Jury was read over, which was as follows.  

Sir Samuel Barnardiston Baronet.  
John Mordant Esq;  
Thomas Papillon Esq;  
John Dubois Esq;  
Charles Herle.  
Edward Rudge.  
Humphrey Edwin.  
John Morris.  
Benjamin Godfrey.  
Edmond Harrison.  
Joseph Wright.  
John Cox.  
Matthew Gardiner, excused.  
Samuel Swynock, excused.  
Thomas Parker.  
Leonard Robinson.  
Thomas Sheppard.  
John Polixfen, out of Town.  
John Flavell.  
Michael Godfrey.  
John Smith.  
Joseph Richardson.  
William Empson.  
Andrew Kenrick.  
John Lane Esq;  
John Gardiner, excused.  
John Hall.  
William Ashhurst Esq;  
John Ellis Esq;  
John Deagle.  
Thomas Weston, out of Town.  
Andrew Bonnel.  
Gabriel Whitley.  
Thomas Carpenter.  
Laurence Baskervill.  
Marwood Denby.  
Peter Houblon.   
The Gentlemen that were sworn of this Jury were Twenty one, whose Names are as follows.  

Sir Samuel Barnardiston Baronet, Foreman.  
John Mordant Esq;  
Thomas Papillon Esq;  
John Dubois Esq;  
John Herle.  
Edward Rudge.  
Humphrey Edwin.  
John Morris.  
Edmond Harrison.  
Joseph Wright.  
John Cox.  
Thomas Parker.  
Leonard Robinson.  
Thomas Sheppard.  
John Flavell.  
Michael Godfrey.  
William Empson.  
Andrew Kenrick.  
Joseph Richardson.  
John Lane Esq;  
John Hall.   
After they were sworn, the Lord Chief-Justice Pemberton gave them their Charge, which was to this effect.  
That they were met here in one of the most Solemn Assemblies of this Nation: That it was for the Execution of Justice upon Ossenders, if found Guilty: That the nature of the Commission whereby the Commissioners sat, and the Grand Jury were summoned, doth extend to all Offences whatsoever, Treasons, Misprisions of Treasons, Felonies, and all other Crimes and Offences against the King and Government; in short, all that are called Pleas of the Crown; all these, he told them, fall under the Cognisance of the Commissioners, and the Inquiry of the Grand Jury; but did acquaint them, That there was a particular Occasion for the Issuing out of the Commission at this time, His Majesty having received an Information, That there were some evil and most Traitorous Designs against His Person and Government: He did therefore think fit to have a due Examination of them, that so the Persons might be brought to condign Punishment, if found guilty thereof. He did farther acquaint them, That they must not expect any Formal Charge from him, he expecting that they had received their Directions before they came, for that it had been the common Usage for the Grand Jury to be sworn and receive their Charge before His Majesty's Justices came upon the Bench; but since he found it otherwise, he should not make any set formal Charge; nor give any Account of all the Offences that fall under the Inquiry of the Grand Jury, by such a Commission, at Common Law; neither must they expect that he should acquaint them with all the Crimes that they might inquire of, but that it would be sufficient to tell them the particular Matter of which they were then to inquire, and their Duty concerning that Inquiry. He told them, that he had hinted at first, that they were Matters of High Treason, which is a Crime of the highest nature that can be committed against Man; That other Crimes, as Felonies, and things of that nature, may make Disorders and Troubles in a State or Kingdom, but that Treasons strike at the very Root and Life of all, and are that which destroys the Government, and therefore have in all Ages been looked upon as Crimes of the highest nature that can possibly be imagined, and accordingly Punishments have been allotted to them of the greatest Severity. He did further acquaint them, That at the Common Law there were great variety of Opinions about Treason, and that there had been many Disputes what was Treason, and what was not; and therefore it was thought fit by the Wisdom of our Ancestors to make a Law to declare what should be Treason, which was done by the 25 Edw. 3. By that Law, for any one to compass or imagine or intent the Death of the King, (for he told them he would mention no more of that Statute than was agreeable to the present purpose) and to declare it by Overt-act, as to levy War against the King, and the like, is declared, among other things, to be High Treason; which Law hath obtained for Law amongst us ever since, and that nothing had been accounted Treason but what was expressed in it, unless upon some emergent Occasion, and instanced in the Laws made in the time of Queen Elizabeth, upon the occasion of that inveterate Malice that the Roman Catholics bore her; and likewise in that Law of the 13th. of His now Majesty, for the making whereof, he told them, the Parliament had great grounds, as they declare in the Preamble of that Statute: for that the Wounds the Kingdom had received were then bleeding, and scarcely closed, many Traitorous Positions and Seditious Principles spread amongst the People of this Realm, and that they had good reason to believe, that where they had been so maliciously bend against King Charles the First, and had taken him off, and had maintained so long and dangerous a War against Him and His now Majesty, almost to the destruction of all our Liberties and Laws, even to the utter overthrowing of this flourishing Kingdom, they ought to be careful to prevent the like Mischiefs for the future, and therefore did think fit, whereas the Law before was, That it should be Treason to conspire, or to imagine, or to intent the Death of the King, so as it were declared by Overt-act; now because it was dangerous to stay till an Overt-Act should declare the Intention, for that they had proceeded so far as to take away one Kings Life, and banish another, and endeavour to root out the Government of this Kingdom; and therefore did Enact by the said Statute of the 13th. of His now Majesty, That if any one shall compass, imagine, or intent the Death of the King, or his Destruction, or any Bodily harm, that may tend to His Death and Destruction, any restraint of His Liberty, by Imprisonment, or otherwise; or if they shall design and intent to levy any War against Him, either within the Realm or without, or design or intent to procure any Foreign Prince or others to invade His Dominions, and shall signify and declare this by any Writing, by any Printing, by any Preaching, or by any malicious and advised Speaking, and uttering Words to the same intent and purpose, this shall be High Treason; which, he told them, had altered the Law in two Cases. 1. As to levying War, the Intention was not Treason before, unless it took effect: And, 2. As to designing and compassing the King's Death, which was not Treason unless declared by an Overt-act; and as to the imprisoning His Person, or restraining Him of His Liberty, the very designing of them alone are made Treason, whether they take effect or not: though these should be timely prevented, that there be no hurt done, yet the very Design, if it be uttered or spoken, is made Treason by this Act: Which makes a great alteration in the Law. Formerly it was said, Words alone would not amount to Treason; but since this Act, Words, if they import any malicious Design against the King, any traitorous Intention in the Party, are Treason. He did further acquaint the Jury, That this Act was made with the greatest care and prudence imaginable, to take off that Liberty that People had taken to themselves, in that time of Licentiousness, wherein they were so bold to vent all their seditious and malicious Thoughts and Intentions each to other, without restraint; and therefore told the Jury, That they ought to consider the Words, whether they signify or purport any Traitorous Intention in the Party; either against the King or His Government, either to restrain His Liberty, or to do Him any Bodily hurt, or any thing of that nature, which he told them was Treason, within the Act of Parliament. And as to their Inquiry, they were in the Sphere they stood in upon Indictments brought before them, to consider these things: Whether the Matter brought before them were within that Act of Parliament? And in that, if they doubted, they were to advise, as to Matters of Law, with those that were Commissionated by His Majesty: And that they were to inquire, Whether there were Two Witnesses to prove the Treason? because no Man without two Witnesses ought to be punished within that Law; but withal did observe to them, That it had been resolved by all the Judges of England, upon a most solemn Occasion, That it is not necessary that there be two Witnesses to prove the same Words spoken at the same time, or in the same place; but if one proves the Words that import a Treasonable Intention, spoken at one time, and in one place, and others at another time, and in another place, these are good Witnesses within the Statute to prove the Treason. He told them, That what was referred to them, was to consider what Evidence should be given them, and whether upon that Evidence there were not reason to call the Person to an Account? for if there were probable Grounds for it, that was as much as they were to inquire into: That they must consider this, That as it is a Crime to condemn Innocent Persons, so it is a Crime as great to acquit the Guilty; so that they ought to be as strict in the one as in the other. He farther told them, That if they should be refractory, and where there was a probable Ground for an Accusation, should undertake to intercept Justice by not finding the Bill, it would lie at their Doors; that they were under a double Obligation, one as they were Englishmen, and so Members of the same Body; they ought to consider, that Crimes of this nature ought not to go unpunished; the other, as they had an Oath of God upon them; they were sworn to Inquire truly according to their Evidence; and therefore if there were two Witnesses of Words that might import a treasonable Design or Intention in the Party, they were bound both by the Law of Nature, as they are Members of the same Body, and by the Law of God, as they have taken an Oath, to find the Bill. He told them, that it was neither their Province, nor those whom His Majesty had Commissionated, to be compassionate or pitiful, for that is reserved to a higher and superior Power from which both theirs is derived; and therefore did require them to hear such Evidence as should be given, and to be impartial as to what they should hear from the Witnesses; and if there were ground sufficient to believe that there is reason for the King to call the Parties to answer what is objected against them, they were bound to find the Bills, and concluded with God Almighty Prayer to direct them.  
After which he acquainted them, that the King's Council (who were Sir Fran. Withins, Kt. Mr. Saunders, Mr. Heath, and Mr. Jones,) moved that the Evidence might be publicly given, that so there might be no occasion of slandering the Witnesses, which he told them was a motion ought not to be denied  
Then the Jury demanded a Copy of their Oath, which was granted them by the Court, and they immediately withdrew, and after a quarter of an hours stay returned, and Sir. Sam. Barnardiston, the Foreman of the Jury, did acquaint the Court, that it was the opinion of the Jury, that it was their right to examine the Witnesses in private; for that it had been always the Practice both in City and Country, and they did insist upon it for this reason, because they were by their Oaths bound to keep the King's Secrets, and their own, which it was impossible for them to do, if the Witnesses should be examined in Court.  
To which the Ld. Ch. Justice Pemberton gave this Answer, That it might probably be, that the common usage had brought the Jury into that Error, that it was their right, and therefore did inform them, that it was not their right, but that it was done only to comply with the convenience of the Court; for generally upon all Commissions of the like nature, the business was much, and that upon Gaol-Deliveries, there were many Prisoners to be tried, and other things to be done, so that if at such a time they should examine all Witnesses in Court, that came before the Grand Jury, in order to finding the Bills, it would make the Commissions of too great a length, and that therefore the Judges have allowed this Practice, and not that it is their right; for that without question originally all Witnesses were examined in Court; and further told them, that it was for their advantage, as well as for the Kings, that it might be seen that they complied with their Evidence, and did nothing clandestinely; and besides that, the King desired it, and that they were bound to comply with his desire; but yet that they should have the same liberty in Court they could have in private to ask the Witnesses what questions they pleased: And further told them, that as to keeping their Counsels, that was a thing of another nature, which were their own private Debates.  
Then Mr. Papillion, one of the Jury, offered 4 things to the Court, the first was the same in substance with what Sir S. Barnard. had offered before. The 2d was, that it having been a common usuage, was now grown to be the Law of the Land, and that so not to be altered, & therefore desired the opinion of the Court; for that as they were not willing to do any thing that might be in the least prejudicial to His Majesty, so neither to the Liberty of the Subject. The third thing was, That this public Examination might be prejudicial to His Majesty; for that sometimes upon private Examinations of Witnesses, the Jury have discovered persons guilty of Treasons, and misprisions of Treasons, which were not before discovered, and have thereupon sent down to the Court and acquainted them with them, and the Traitors have been secured, which by public Examination (notice might have been taken) and been prevented. And the fourth thing was, That all the Evidence is hereby known before it comes to the main Trial upon the issue, whereby this inconvenience may ensue that Persons may be brought to confront the Witnesses, and invalidate their Testimony.  
To which the Lord Chief Justice Pemberton made answer to this effect, That if they had well considered what he had said before, he should have thought the objections to have been obviated; but as to keeping their own secrets they are bound but as to the Kings, if he please to make them public, who shall hinder it? And as to the common usage he told them that there were divers precedents out of the allowance of public examinations in these cases, and that he never heard it denied before, and that the way anciently was to examine all in Court. The Lord Chief Justice North spoke much to the same purpose.  
Then the Jury demanded that it might be recorded that they did insist upon the examination of the Witnesses in private, which was denied by the Court, for this reason that they were not bound to record any thing but what was in order to proceeding upon the Indictment.  
It was moved that the Witnesses might be kept out of Court, and but one brought in at a time, which was granted to the Jury.  
Then the Bill was read against Anth. E. of S. the substance of which was to this effect, That he 18 Mar. 33 of this King, did Traitorously, etc. provide Arms, etc. and the same time did speak these words, That the Parliament was to meet at Oxford within a short time, and that he had considered of the inclinations, and dispositions of the Persons Elected, and that he was satisfied that the Parliament would insist upon the same matters the former Parliament had done, which were the Bill of Exclusion, the repealing 35 Eli. and the passing the Bill for uniting Protestant Dissenters, with other wholesome Bills, which he was certain the King would refuse, and therefore he did expect that there would be breach between the King's Majesty, and his Parliament, and that many Noble Men, and worthy Members of the House of Commons concurred in the same opinion, and that they had resolved to insist upon it, and if the King should refuse, than he the said E. of S. and the said Nobles, and worthy Members would compel the King's Majesty to consent thereunto, and that on the part of him the said E. of S. he would provide valiant Men to be Commanded by Captain Wilkinson, and that John Booth should be one; And further, that our Sovereign Lord the King is a Man of no Faith; and that there was no trust in him, and that our Sovereign Lord the King deserved to be deposed, as Richard 2. late King of England was. And further that he the said E. of S. never would desist, till he had brought the Kingdom of England into a Commonwealth, and that the said E. of S. and those that would assist him the said E. of S. would make this Kingdom a Commonwealth as Holland was, and that he the said E. of S. and other Traitors unknown, would live as they do in Holland, and our said Sovereign Lord the King and his whole Family would extirpate, and that our Sovereign Lord the King was a Man of an unfaithful heart, and not worthy to Reign and Govern, that he was false, unjust, and cruel against his People, and that if he would not be Governed by his People, he the said E. of S. and others would depose him our said Sovereign Lord the King against the duty of his Allegiance, etc.  
After the reading of which Indictment the said King's Council insisted upon opening the Evidence to the Jury; but the Court denied it.  
After which, the Jury desired a note of the names of the Witnesses, which was denied them for this reason, that they must have the Indictment out with them, and their names are recorded on the back of the Indictment.  
Then Sir Samuel Barnardiston desired to see the Warran, upon which the E. of Shaftesbury was committed, and told them that they had great reason for that request, to which the L. C. J. P. gave this answer, That they could not do it, for that the Lieutenant of the Tower kept it for his own indemnity, and they could not command it from him.  
Then they began the Examination of the Witnesses.  
First, Mr. Blackthwait was examined, who produced a Paper, and his Testimony was to this effect, that he received the same from Mr. Gwyn another of the Clarks of the Council, who told him that he seized that Paper amongst others in the E. of Shaftesburies' House, and that Mr. Gwyn gave him the Key where the Papers that were seized, were kept, and that it had been altogether in his Custody, except a little time that Sir Lionel Jenkins, one of His Majesties Secretary of State had it, who re-delivered it him again, that when he was ordered by the Committee of Examinations, he brought the Trunk and Papers into the Council Chamber, and they were opened in the presence of several Lords, and of Mr. Wilson, who was appointed to attend on the behalf of the E. of Shaftesbury, and that this Paper was taken out of a velvet bag that was in the Trunk on the 6th of July last.  
Then was called Mr. Gwyn, who informed the Court to this purpose, That on the 2d of July last passed, he was commanded by a Warrant from the Secretary, to go to the E. of Shaftesbury's House to search his Papers, and that he there met with a great many Papers, which he put into a Trunk, and delivered it, with the Key of it, to Mr. Blackthwait, but knew not how the Papers were divided and taken out afterwards; and doth further say, that there was nothing in the Velvet Bag, but what he took in the E of Shaftesbury's Closet.  
Then Sir Lionel Jenkins testified, that that was the Paper among others that was delivered into his Hands by Mr. Blackthwait in the Council Chamber, and declared that the same had not been altered after it came to his Hands.  
Then the Paper was read, the purport whereof was the Form of an ASSOCIATION, to be entered into by as many of the King's Subjects as pleased, for the defence of the King's Person, the Protestant Religion, and the Laws of the Land, against the D. of Y. and all that adhere to Popery and Arbitrary Power.  
The next Witness produced was John Booth, who swore to this effect: That in January last he was introduced into the E of S' acquaintance by one Capt. Hen. Wilkinson, occasioned by the said Captains having received a Commission from the E. of S. and others, to be Deputy Governor of Carolina, with whom the said John Booth was to go, and had several Discourses with the E. of S. thereupon; but afterwards growing into further acquaintance with his Ldship, & talking with him of Dissolving of Parlm & Arbitrary Power, & the fear of Popery, when Memb. were chosen to serve in Parlm. he would often say, that he had considered the Parlm. that was to meet at Oxford, the persons elected, their Inclinations and dispositions, that they would insist on the same things that the Parliaments had done who went before them, particulary the Bill of Exclusion, and abolishing the 35th of Eliz. and his Majesty giving his Assent to a Bill whereby the Protestant Dissenters might be freed from the Ecclesiastical Punishments they are liable to. That he said further, That if these were passed, he believed then that they would be very willing to grant the King such Accommodations of Money, as his necessary occasions should require: But without this, he believed there would be a Breach betwixt the King and the Parliament. And he feared the contrivance of the Parliaments sitting at Oxford, was to over-awe them; and therefore said, That he and divers Lords and Members of the House of Commons, had considered their own safety. He for his own particular had prepared 50 men, which he committed to the command of Capt. Wilkinson; and if there should have chanced to have been a Breach betwixt the King and Parliament, that if there were any violence offered, all the rest had provided as well as he; and that they would repel the force, and purge the Guards of all Papists that were Enemies to the Protestant Religion, and the estahlished Laws of the Land. And likewise, that they did intent by these Forces to take from the King those Evil Counsellors, as he called them, the Marquis of Worcester, the E. of Clarendon, the E. of Hallifax, the E. of Feversham, and the L. Hid; who were particularly named to give the King evil Advice: And then that they did intent to bring the King hither, that so all things might be settled for the security of the Protestant Religion, and providing against Popery and Arbitrary Power. That Capt. Wilkinson did desire him to be one of them, and did request that he would provide for himself Horse and Arms, and that Capt. Wilkinson would provide a Horse for his Man; and that he did provide all; and that things happened at Oxford as my L. Shaftsbury had predicted. But it was neither believed nor imagined that they would have been so soon dissolved as they were. On Thursday Capt. Wilkinson's expected Summons to go down to Oxford with those men that were ordered him by the E. of Shaft. came; and on the Tuesday following News came of the Dissolution of the Parliament. All this he saith he first discovered to one Walter Bains, and then writ down his Information with his own hand, and sent it to the Secretary Sir L. Jenkins.  
The next Witness produced, was Edw. Turbervile, who saith, That about the beginning of February last, he went to desire my L. Shaftsbury to assist him in the getting in some Money that was then behind and unpaid by the King; and that he did then say, there was little hopes of any good from the King, so long as he hath any Guards about him: For were it not for his Guards, they would quickly go to Whitehal, and soon compel him to do what they would have him.  
Next came John Smith; the substance of whose Testimony was, That he had oftentimes heard my L. Shaftsbury speak very reflecting on the King, That he was a weak man, unconstant, unsettled, a man of no firm resolution, a man that was wholly led by the Nose as his Father was before him, by a Popish Queen, to his ruin: That the E. of Shaftsbury hearing that the King should say that he the E. of Shaftsbury was the great Contriver and Promoter of the Rebellion in Scotland, the E. of Shaftsbury made this Answer, That the King did not see his own danger; and bid them tell the King, That if he had a mind to raise a Rebellion, he could raise another kind of Rebellion than that in Scotland. He further saith, That my L. Shaftsbury sent for him by one Manly, and when he came, he told him, That he sent to him upon the account of the Irish Witnesses, because Mr. Hetherington had been with him, and told him he was afraid they would go over to the Court, and retract what they had said formerly; and told him, That that he would have him do, was to dissuade them from going over; for that Rogue Fitz-Gerald was pampered up by the Court-Party to stifle the Plot: And that there could be no other design at Court, appeared by the many Proroguations and Dissolutions of Parliaments. That the Popish Plot in England was gone; that there will be an Act of Oblivion, and then comes in Popery: for we are all satisfied that the King is as much concerned in bringing in Popery, as the Duke is. That pursuant to the E. of Shaftsbury's instructions, he met Hetherington and the Irish Witnesses, and laid before them the horrid Crimes that Fitz-Gerald was guilty of in denying the Plot; and told them what a Crime it was for them to come into his company: Upon which, they promised that they would never come near him more. That he went with Hetherington and Dennis before Sir Patience Ward, the then Lord Mayor, and that Dennis swore, that Fitz-Gerald had been tampering with divers of the Irish Evidence. That he carried the Information to my L. Shaftsbury, who was mightily pleased with it, and uttered himself in these words: Do not you see the villainy of the Popish Party and that Faction; and that the King runs the same way his Father did; and that he is led by a Popish Queen as his Father was, and doth not see his danger, nor will not, till he comes to the same End his Father did? And that before the Parliament went to Oxford, falling into some other Discourse with the said Earl, he said, That there was great preparation made to terrify the Parliament, and to make them comply with the King; but that will not do, though 'tis plain, that by removing the Parliament thither they intent to bring in Popery: but we have this advantage, that if he offer any violence, as 'tis suspected he will, we have the Nation on our side, and we may very lawfully depose him; and all the Gentlemen of the House of Commons will be well horsed and armed, and especially the City-Members, who will have so many men sent on purpose to wait upon them: And he declared that he would die rather than not accomplish the Design: Whereupon Smith told him, that would ruin Monarchy; and his Lordship replied, No doubt on't; but yet he would stand and fall by it.  
Next stood up Brian Hains, who agreed with Smith, that my L. Shaftsbury had oft vilified the King in his hearing; and told him, that if he would swear the Murder of Sir Edmunbury Godfrey upon the E. of Danby, they would make their applications to the King for a Pardon for him. To which Hains replied, That he was sure the King would never grant it, because he had prorogued and dissolved so many Parliaments for the E. of Danby. Do not fear it, says the E. of Shaftsbury, for if he doth not grant it, the whole Kingdom will rise in Arms against him, and this is the best time for it in the world; and if he do not do it, he cannot expect to be long King of England: And that he ask him whether he should go beyond Sea, No, replied the Earl, he dare as well be hanged as meddle with you. Afterwards, being in close conference with the Earl one day, and having given him so exact an Account of all the Transactions from the commencement of King Charles the First's Reign to this very day, he was mightily satisfied with it: Pray, my Lord, said he, what do you intent to do? Why, replies the Earl, there are Families enough in England that have as much right to the Crown as the King; particularly the D. of Bucks, who hath a right to the Barony of Ross, and in that right to the Crown of England.  
Then appeared John Macnamarra, who testified to the Jury, that my L. Shaftsbury should say, That the King was Popishly affected, and adhered to Popery, and took the same methods his Father did, that had brought his Father's Head to the Block, and would do his too; and that this he had told divers persons of Quality five years ago. He said that the King was a faithless man, and there was no credit to be given to him; and that the D. of Mazarine was his Cabinet-council, who was the worst of women; and that the King did deserve to be deposed as much as Rich. the 2.  
Dennis Macnamarras Evidence was much the same.  
Edw. Ivy swore, that the Earl told him, That the King was an unjust man, and not fit to reign; that he was a Papist in his Heart, and did intent to introduce Popery; and that they did intent to depose him for his injustice to his People; and that he brought Hains into his Lordship's acquaintance, who was by his instigation to swear the Murder of Sir Edmunbury Godfrey against the E. of Danby, the Duke, and the Queen; and then he promised to take care of him.  
Lastly appeared Bernard Dennis, who after a long Harangue to little purpose, spoke to this effect; That discoursing with the E. of Shaftsbury, he asked him how many stout able men there were of his name in his County? He told him about three or four hundred. Saith the Earl, I would willingly have you advance them of your own name and Friends, by being in a readiness when occasion shall happen, and to stand by us; for we intent to have England a Commonwealth, and to live in England as they do in Holland; and to have no Supreme Head, no particular man for King, nor own obedience to a Crown: And that he said they would extirpate the King and all his Family; and that he wondered that other Nations would be such Fools as they were, for it is certain that Q. Elizabeth, K. James, K. Charles the First, and the now King wronged them; and that if they had been under a Commonwealth, they would have taken more care of them than the King doth; and the people of England are fools that they do not usurp against the Crown of England.  
Then the L. C. J. acquainted the Jury that the King's Council would examine no more Witnesses, therefore if they desired to ask any of the Witnesses any thing, they should have them all called for one by one.  
Then Sir Samuel Bernardiston desired that they might have leave to go out and consider of what Questions to ask: And the Jury desired to know what Statute or Statutes the Bill was founded upon? My L. C. J. answered them, That that which is Treason within the Statute of the 25 of Edw. the 3d, is Treason within the Statute of the 13 of this King; so that this is more copious, in that it hath enlarged that in many particulars; and therefore when one Statute contains the matter of a former, and enlarges it, the Indictment is always upon the last. But my L. C. J. North distinguished where the Indictment is laid Contra formam Statuti, & contra formam Statut. for in the first Case it extends but to one single Statute; and in the last, to all that concern the same matter.  
Sir Samuel Bernardiston desired they might see the Affidavits of Subornation that were made against several of the Witnesses. To which the Court replied,  
That the credibility of the Witnesses is not a matter proper before them, but only upon a Trial, for there the King will be armed to defend the credit of his Witnesses, if any thing be objected against them. That they are only to see whether the Statute be satisfied in having matter that is Treasonable before them, and testified by two Witnesses.  
Mr. Papilion told the Court they desired only that which was proved, and if there be such Informations in Court, they being things proved they desire to see them; and the Court telling them that they could not grant it, they being things not within the compass of their Inquiry, it was asked by Mr. Papilion, whether they were not to exercise their own reason and Consciences; To which the Court replied, that any thing that was of their own knowledge they ought to take into consideration;  
My L. Chief Just. North told them, that a Grand Jury is to hear no Evidence against the King, it is not the course. That is to be upon the Trial before the Petty Jury, therefore for you to enter into a nice Examination of the Credit of the witnesses is not to be suffered.  
Then the Court adjourned till three in the Afternoon.  
The Court being again sat, and the Grand Jury come in, they proceeded to interrogate the Witnesses one by one.  
Mr. Gwyn was first Examined, who put up the Earl of Shaftsburies' Papers? He answered he did it himself. Being asked whose hand writing it was? He answered he knew not. Being asked whether there was a talk of a Bill of Association, or that he had heard of it? He answered, Yes.  
Secretary Jenkins being asked the same question, said he was not present at the debate, he was not certain, he did not remember the particulars. Being asked whether he was present when the Association in Q. Elizabeth's time was read in the House of Commons, answered no. When he was asked when my Lord was committed, he answered he referred himself to the Warrant, but being asked the same question, by my L. Chief Just. Pemberton. He answered that he referred himself to the Sergeant at Arms, but he thought it was in July. Being asked whether all the Witnesses were Examined before the Commitment? He answered, he did not know whether all or no, but several of them were, but how many he could not tell.  
Then Booth was called for by the Jury, but not appearing they said a Tipstaff was gone for him, which gave occasion to Sir Samuel Barnardiston to ask whether he was a Prisoner or no, to which the Attorney General replied, yes for debt. But at length he appeared, and being asked what time it was that he had the discourse with my Lord Shaftsbury, and where? He answered at his own House, a week or ten days before the Parliament sat at Oxford. Being asked who was present he answered no body but my Lord and himself. When he was asked how often he had been there, he said five or six times. Being asked how long it was after my Lord spoke the words before he discovered them, he said seven Weeks. Being asked whether he was Examined before his Commitment? He answered, No. Being asked to whom he gave his Information? He answered to the Lords of the Council. And being asked by whom he conveyed his Information? He answered by Bains, and whether he knew any more of my Lords Guard of 50 men then Captain Wilkinson? He answered no.  
Then Turbervil was called and asked who was present when my Lord spoke those words to him? He answered one of the Servants that used to dress my Lord, and no body else by, that he doth remember. Being asked when it was that my Lord spoke the Words? He saith the sixth of February, to the best of his remembrance in the Morning. Being asked how long 'twas before he discovered it? He answered the 4th. of July after. Being asked to whom the Information was given? He said to Mr. Secretary Jenkins. Being asked whether my Lord was committed before or after his Information? He said he could not be positive, but he believed before.  
John Smith was called and asked whether he did not use to go by the name of Barry? To which he answered he had gone by several names, and so do all Popish Priests. Being asked what Religion he was of? he said he was a Protestant. Being asked how long? he said many a year. Being asked when he was converted? he said, he was first a Protestant, then perverted to the Popish Religion, and then turned Protestant again. Being asked when he received the Sacrament? he said three months ago. Being asked when he gave his Evidence first, and to whom? he thinks after the Commitment, but is not positive, and he gave it into Secretary Jenkins.  
Bernard Hains being asked when he gave in his Information and to whom? he answered to Secretary Jenkins just before my Lord was committed. Being asked whether he gave in an Information of a design against my Lord of Shaftsbury? and to whom? he answered, he did to Sir George Treby: and being asked when? he answered in March? and being asked when my L. Shaftsbury spoke these words, he answered, a little before he made that Affidavit to Sir George Treby.  
John Macnamarra being asked when he had this discourse with my L. Shaftsbury, he answered the latter end of March or the beginning of April. Being asked when he gave this Information in? he said before his Commitment, and being asked to whom? he said to Sir Lionel Jenkins. Being asked whether he did petition the Common Council, he owned that he signed a Petition, but said he knew not what was in it. But Mr. Papilion informed the Court, that they did suggest themselves in that Petition, that they were tampered with to be suborned, and therefore prayed relief from the City,  
Denis Macnamarra being asked how he came to my Lord? he said by his Brother. Being asked when it was? he said the latter end of March or the beginning of April. Being asked who was with him? he said only Mr. Ivy and his Brother. Being asked when he gave in his Information? he acknowledged it to be before the Earls Commitment. Being asked to whom, he answered to Secretary Jenkins.  
Edward Ivy being asked what time he had this discourse with the Earl? he said a little after the sitting of the Parliament at Oxford. the latter end of April or the beginning of May. Being asked who was by? he said both the Macnamarras only. Being asked when and to whom he gave his Information? he answered before my Lord's commitment, and to Secretary Jenkins.  
Bernard Denis being asked when my Lord spoke the words? answered four or five days after the Parliament was dissolved at Oxford. Being asked when he made the Information and to whom? he saith to Sir Lionel Jenkins in June. Being asked why he concealed it so long? he saith because he was in the City. Being asked whether ever he went about his four hundred men in Ireland? he saith he did advise them to be ready. Being asked what Religion he is of? he saith a Ptotestant ever since February last.  
The last eight being every man of them asked severally and apart upon their particular Examinations, where my Lord spoke this Treason, they all say he spoke the Treason in his own house, except Brian Hains, who saith, that at another time, he heard him speak Treason in Iron-monger Lane. And being all asked whether they have heard him speak any other Treason in any other Place, or at any other time, than is in their particular Examination set forth, they all answered, that they did not.  
And being all particularly interrogated further, whether they had any thing as a present Reward, or any allowance from any Person for the swearing against the E. of Shaftsbury: They all answered, No.  
Upon the whole matter, twenty of the Jury (Mr. Tho Parker being sick and excused) for what reasons he that reads this Information may easily gather, brought in the Bill IGNORAMUS.   

And now, Reader, take this as the substance of what was at the Old Bailie more fully transacted, and out of it observe for the Vindication of the Grand Jury in bringing in the Bill Ignoramus, that the Lord Chief Justice Pemberton did, upon the Grand Juries Request that the Court would inform them upon what Statute the E. of Shaftsbury was Indicted, declare that it was upon 13 Car. 2. Cap. 1. By which it is Provided, that no Person or Persons by Virtue of the said Act, shall incur any of the Penalties therein before mentioned, unless he or they be prosecuted within six months' next after the Offence committed, and Indicted thereupon within three Months after such Prosecution, any thing in the said Statute to the contrary thereof in any wise notwithstanding. And if you please to examine the time in which the Witnesses swear the E. of S. spoke the said Treasonable Words, it will appear, that though he was prosecuted within six Months after the speaking of the same, yet he was not Indicted within three Months after the Prosecution; and if so, by the particular Provision of that Law, cannot incur the Penalties inflicted by it; which if granted, (as it cannot well be denied) the Grand Jury must have done very ill to bring in Billa Vera, this Law being a general Law, of which they, amongst the rest of the King's Subjects, are bound to take notice: But besides that, 'tis very plain if you please to observe it, that there is a flat Contradiction in the Testimony of John Macnamarra, Dennis Macnamarra and Edward Ivy; for upon the Grand Juries Examination of them apart (although in their first Examination in Court, they swear the words at the same time and place, etc.) yet the said John and Dennis Macnamarra swear the words spoken by the E. of Shaftsbury at his own house, the latter end of March or the beginning of April, and Edward Ivy swears them spoken the latter end of April or the beginning of May; and yet all agree that the words were spoke but once, and then in the presence of all three: But I shall enlarge no further, but leave the Reader to make his own remarks, lest I should be thought to call in question, the Loyalty and Integrity of perhaps the most able, judicious and honest Juries that has been of late years returned in the City of London or elsewhere: and if thou art as well pleased in the reading, as I have been in the observing of these things, it will be no small satisfaction to  
Philonomus.  
FINIS.