2. That he used great endeavours to possess the people that his majesty was a papist, and + designed to introduce popery and arbitrary power; and to that end had promoted several seditions and treasonable libels against his majesty's person and government, purposely to bring his majesty into an odium and con*tempt with his loving subjects.

3. That he endeavoured to levy war against the king, both in England and Ireland, and bring blood-shed and confusion upon his majesty's good people, under pretence of prosecuting the Popish Plot, and preserving the. protestant religion, the liberty and property of the subject, as he and his confederates have done in the late rebellion.

4. That he endeavoured to render the church of England as ridiculous as popery, and defamed all his majesty's officers both by land and sea, and all others, who out of a due sense of loyalty adhere to the crown, stil*ing them tories, tantivies, masqueraders, &c. purposely to frighten them from their duty, and wean them from their sovereign, to adhere to him and his faction.

5. That he countenanced, harboured, and chired persons to swear against the queen, and his royal highness.

6. That he procured several sums of money to be raised and collected to carry on those most abominable designs.'

"And to represent him as monstrously natural and bloody as themselves; and render him hateful and detestable to all men who would be so brainless as to believe the silly and ridienlous shams; the articler adds in the close of his libel, this strange and improbable redomantado, that when the sergeant at arms ap. prehended him, he desired him to eat something before he appeared before the king and council; whereupon, says the libeller, his lordship answered, I have no stomach to eat unless I could get a roasted Irishman."

Habeas Corpus; to which the court returned answer, That being charged with no crime in that court, and being prisoners in the Tower, they could take no eognizance of them, but they must seek their relief at the King's-bench bar, the next term. Great preparations were made for his trial, and abundance of witnesses procured; and Mr. Samuel Wilson, a gentleman belonging to his lordship, was likewise committed to prison, for speaking some treasonable words, as was sworn by some of those evidences. Now you must know, this Wilson was the gentleman whom his lordship intrusted to attend the council when his papers were looked over, and take away those which were returned, and indorse the rest with his own name; and that the paper said to be found in the earl's closet, purporting an Association, was not indorsed by him.

"In the mean time, notwithstanding they had abundance of witnesses, yet they desired to have some whose port and figure in the world might procure them the greater credit, and thereby render them the more capable of accomplishing their end in the earl's ruin; and, as they imagined, fortune offered them the most likely and favourable opportunity that could possibly be desired or wished for, by the following accident. Captain Henry Wilkinson, a gentleman that had always espoused the royal interest, and had hazarded his life, and un-impaired his estate in the service of his prince, having a desire to settle in the island of Carolina, applied himself to the proprietors for an employment in that country; and had, upon the account of his loyalty to his majesty, a promise made him of being employed as go'vernor under the proprietors by his lordship, who was one of the chief proprietors, to whom upon the account of his great judgment and discretion, the rest had committed the whole management. The captain having obtained 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 Middlesex beginning on the Wednesday follow-go with him thither, whereof one of them was ing he presented a petition to the court, desiring to be brought to a speedy trial, or else admitted to bail. Upon the 8th Stephen Colledge had an Indictment presented against him to the grand Jury, who were all of them substantial men; and after having heard all that could be said on both sides, they returned an Ignoramus upon the bill: but being removed to Oxford, and tried there, was found guilty, and was accordingly condemned and executed; and a forged paper presented and published by one Thompson a printer, and supposed to be writ by some Jesuit, who are always so good at inventing of shams, called, his last speech, wherein he was made to confess all that he was charged with, although it afterwards appeared that he absolutely denied he was any way guilty, affirming his innocency to his last breath. August 31, his lordship presented another petition to the judges at the sessious at the Old-Bailey, desiring that he might be either tried or bailed, pursuant to the act of

a relation of mine. Upon this, one Booth, a person well born, but by his wicked and profligate life, had wasted his patrimony, lost all his employments, and rendered himself very indigent and necessitous, applied himself to the captain, desired to go with him to Carolina; and withal prefixed a time for coming on board, and engaged to bring with him about sixteen servants or upwards. This was easily promised, but not so easily performed: servants and companions enough he might have had, who had, like himself, reduced themselves to poverty and distress, and would for that reason have been glad of such an opportunity of being freed from the scorn and contempt of their acquaintance, and the dread of a gaol: but how to pay for their passage, or employ them when they came there, he knew no more than the man in the moon. But after a little consideration, he resolved of the following adventure to supply that difficulty: he first forged letters, as directed to him from persons of quality, desiring

others of his passengers, and having had two ships lie so long at his own charges to attend them, had thereby contracted some debts, for which he was arrested, and his ship and goods seized on. When he was first arrested he was sent to the Compter, but quickly after removed himself to the King's-bench. This accident created new thoughts in Booth's working brain, and put him upon a new project for the repairing of his broken fortunes, and the making himself amends for his late disappointment. The earl of Shaftesbury committed the other day to the Tower for high-treason, and Wilkinson, who was upon his commendation to have gone deputy-governor of Carolina, in the King's-bench for debt; and can I contrive to get no advantage thereby? Yes, in spight of fate, and maugre all the powers of Heaven and Hell, I will attempt it ; I will set up for an evidence myself, and will so manage the matter, that I will procure him to be one too : his poverty and loss, and the sorrows of a gaol, will undoubtedly dispose him to a compliance with my motion. But therein the mer

him to buy them several rich goods of mercers, drapers, upholsterers, &c. and then he went with those letters to some tradesmen, with whom he had for that purpose procured some kind of acquaintance, shews them the letters, tells them, if they would use him well, he would buy the goods of them: you shall, says he, have your money as soon as I have acquainted the persons that I have bought the goods, and can receive an answer from them again. After this manner he went to Mr. Halford a mercer in the Strand, with a pretended letter from the lady Ogle, now duchess of Somerset; where in he was ordered to buy her several curious flowered silks, and other rich goods, to the value of between two and three hundred pounds: that Mr. Halford might give the better credit to the business, he procured the gentleman's brother to go with him. And for your brother's sake, Sir, said he, I have a very great kindness for you, and would rather you should take my money than any other man: adding, that he expected shortly to be steward to the duke of Norfolk, and then he would endeavour to procure him the custom of that family. But sup-cenary wretch reckoned without his host, and posing the shop to be too public, and therefore not safe enough to treat in, he invited him to the Kings-Arms tavern, and there discoursed the business. I have not all the goods you mention, in my shop, says Halford, but in a day or two I can get them : pray do, says he. You | may be sure Halford, imagining he had gotten a brave customer, applied himself with double diligence to procure the goods against the time appointed; but the merchant he bought them of knowing they were goods he did not usually deal in, especially such quantities, he asked him who they were for? Whereupon Halford told him the whole story. You had best have a care you are not cheated, says he, I do not like the business; however, you may do as you find occasion. At the time appointed he came to see the goods, and liked them very well, and intended they should have been the cheapest | that ever he bought. But Halford being thus cautioned, told him the goods came to a great deal of money; that he was a young beginner, and could not conveniently trust him for them; but if he would pay him ready money, he would, to oblige him, sell him cheaper than he should buy at any other shop. Sir, said Booth, I am content, I will come and fetch the goods, and pay you ready money; but never came near him more. After the same manner he went to Mr. John Ridges an upholsterer, who lives in St. James's near St. James's house, and hath a shop likewise in Long-lane in the City; but came off with the like success. My design of brevity will not permit me to mention all his tricks of this nature, nor how he served the taylor in Field-lane.

found himself wofully deceived in the idle imagination that every man's conscience was as much vitiated and depraved as his own, and would adventure upon the most vile and abominable practices whatsoever, in hope thereby to free themselves from those pinching necessities which they were involved in; and by failing in that enterprize, learned the true difference between being impoverished by the want of success in trade or merchandize, and the being undone by profuseness and debauchery.

"Before he adventured to address himself to the captain about the business, he sent others to break the matter to him, relating the particular circumstances the captain was at that time under, and instructing him how to behave themselves towards him. Being thus instructed, Octob. 8, 1881, Bains visited the captain in the King's bench, where, after some compliments and preparatory discourse, to make way for, and dispose the captain to comply with what he had to offer, he proceeded to tell him, that he must needs know something of the earl of Shaftesbury's design against the king, and persuading him to discover it to him; and promised if he would do so, he would procure him a pardon, and_a great reward. The captain answered, He knew nothing by his lordship, but that he was a very loyal person. So soon as he was gone, the captain acquainted major James with what Bains had offered; and the major presently took his pen and ink, and wrote it down in his pocket-book. Two or three days after, Booth adventured to try his own fortune; and that he might prove more successful than his forerunner, procured leave for the captain to go out of the prison to Booth's lodging at Mr. Weaver's in the Rules, where they entertained him with a noble and splendid treat; and assured him, if he would be an evidence aguiust

bought himself a very good stone-horse, with other accoutrements for the said service; and that captain Wilkinson promised to furnish his man with a horse. Now, that the world may the better judge of the truth or falseness of what this man swore in the face of so great an assembly, and from thence argue the validity of the other evidences, I have transcribed verbatim an advertisement, which was thereupon published the next week in Janeway's Intelligence, Number 65.

the earl, he should have 5007. per ann. settled
upon him and his heirs as a reward; or if he
liked 1,000l. in ready money better, he should
have so much paid him down: and finding
him still untractable, they persuaded his wife
to use her interest with him, and endeavour to
prevail with him, and work him to a compli-
ance with what they desired, telling her, she
might thereby be made for ever. But when
all this, and many other contrivances failed
them, they gave in an information of high
treason against him to the king and council,
by whose order he was brought before them,
and straitly examined concerning what he
knew of a Plot against the king, and to have
seized on his person at Oxford. The captain
persisted in his own innocency, and affirmed
he knew no such thing by the ford Shaftesbury,
or any other. Then Booth swore high treason
against him, and deposed that Wilkinson was
to have been captain of a troop of horse con-
sisting of fifty men, which were to be em-
ployed in seizing the king at Oxford, when the
parliament sat there: and to gain the greater
credit to his oath, and make the thing more
probable, he affirmed himself was listed under
him as one of them; although to my know-his man with a horse.
ledge, and the knowledge of many more, the
gentleman at that very time when the parlia
inent met at Oxford, and this was pretended
to be done, was busily employed in the afore-
said affair of providing for his voyage to Ca-
rolina.

"The captain, upon this deposition, was committed back again to the King's-bench prison, where he acquainted the major with what had passed at the council; and he writ that down likewise as he had done the rest: and the captain willing to expose the villany, and prevent the mischief of his mercenary breath, published an account of the whole matter to the world, to which I refer the reader for further satisfaction.

'Whereas upon Thursday last, an indictment was preferred to the Grand-jury at the Old-Bailey against the right honourable the 'earl of Shaftesbury, and whereas Mr. Booth was produced as one of the evidences, who swore in open Court, that captain Wilkinson was engaged with the said earl against his majesty and the government, and that the 'said captain was to command a troop of horse 'to be mounted with fifty gentlemen, and that 'the said Mr. Booth had listed himself as one of the troop. Also the said Mr. Booth made oath, that he had bought himself a good stone'horse, and other accoutrements for the said service, and captain Wilkinson was to furnish

This is therefore to give notice, that if any one can make it appear, that Mr. Booth bought any such horse, with his marks and colour, and who he bought him of about March last, or that he had any such horse 'within that time, and what stable he was kept at, shall have, upon good proof made thereof 'to the said captain Wilkinson, five guineas paid him for a reward of his pains.

Also if any person can make appear, that the said captain Wilkinson hath bought or had any horse, gelding, or mare, for these two years last past, or ever hath been upon the back of any for the same space of time, saving one gelding which he borrowed to ride to Wickam, when the members of the last parliament went to Oxford; or that ever captain Wilkinson hath been nearer Oxford 'these 20 years, than the said town of Wickam, upon proof thereof, he shall have five guineas for his reward. HENRY WILKINSON.'

6

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"His lordship having continued in the Tower from July, till the latter, end of November, without obtaining a trial, his majesty then issued out a commission of Oyer and Terminer, to be held at the Old-Bailey on the 24th, of that month, when 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 and 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 him, 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 dethat reason provided fifty gentlemen, and hadclaration, to vindicate the honour and reputation Intrusted captain Wilkinson with the command and management of them; that he himself was listed as one of them, (yet could name noire of the rest) and that he had thereupon

VOL. VIII.

of Booth, to despite the earl and render him the more guilty, or else out of love and desire of the five guineas, have appeared and given evidence thereof, The same may be said of the

3 H

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 horse at all and if so, how improbable a story it is, that the captain should command a troop of horse, when at that same time he had not a horse to ride on, nor never had been in twenty years at the place where this troop was to be commanded. And yet upon the evidence of this man, and others of the like temper, some men would have had his lordship found guilty, and convicted of no less crime than high-treason? railing against and vilifying the grand jury for doing otherwise,

After a full hearing of all that the witnesses had to say, the jury thought themselves obliged to return an Ignoramus, upon the bill; which occasioned a general joy and satisfaction, as plainly appeared by the many bone-fires which were that night made almost in every street, and at several country towns, upon hearing the news thereof.

there, as in any county in England. On the 12th the like motion was made in the behalf of Grahain: whereupon his lordship finding he could not have it tried in London, and not willing it should be tried in any other county, in regard an address of abhorrence against a certain paper said to be found in his lordship's closet, importing an association, was preferred in most counties; declared, that since he could not have the undoubted privilege of a peer, to lay his action in any county in England, he would remit it at present, and wait till he had a better opportunity to revive it.

sea. As soon as he arrived, and was known, he was visited by some of the states, and others of the greatest quality, who welcomed him into that country, and congratulated his having so happily escaped the danger of the seas.

"After this, his lordship continued at his house in Aldersgate-street until the November following, and then he went over to Holland. The seas were somewhat tempestuous : and some who went over in company with the same ship, were cast away; but the providence "The earl being thus cleared by the grand of God ordered that to save his 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 haven,. and then both he and several others who were and withal somewhat timorous, would not prisoners upon the account of this imaginary be persuaded to venture in till he had a calmer plot, were released. And having thus gained his liberty, he arrested several persons, where of some of them were evidences against him, in an action of conspiracy, and one Cradock and others in an action of scandalum maguatum; but was not able to bring any of them to a trial. For on the 4th of May, being the first day of the term, Cradock, whose trial was expected to be brought on first, moved by his counsel, that the trial might not be in London or Middlesex, but in some other county; upon which motion the court ordered, That on Friday following the earl should shew cause, why it should not be tried in another county. Accordingly his lordship appeared in court himself, and declared it was his desire to have it tried by an indifferent jury, but only desired to have it tried that term by a Middlesex jury; asserting,

"The earl, not long after his arrival, took a spacious house in Amsterdam, where he intended to reside; he was to pay for it a yearly rent of 150l. per annum: but before the house was furnished and fitted for his use, his usual distemper, the gout, seized him, and handled him with great violence for some days, and then it began to wear away, and the earl was indifferently recovered; but suddenly and unexpectedly returning again, and getting into his stomach, he fell into a dangerous relapse, which proved mortal, and terminated in his death."

Remarks on the Earl of SHAFTESBURY'S Grand Jury. By Sir JOHN HAWLES, Solicitor General in the Reign of William III.

THE next person* questioned was the earl the paper produced was the paper delivered of Shaftesbury, against whom a bill of high-him by Mr. Blathwaite, and it was unaltertreason was preferred to the grand jury, at the ed. 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 trunk, which was taken by Mr. to have a commission from the lord ShaftesGwynne in the lord Shaftesbury's house. Mr. bury and several others to go for Carolina; he Gwynne 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 Shaftes-course about Carolina business; he was four bury's house: sir Leoline Jenkins swore,

* See the Remarks at the end of Fitz-harris's and Colledge's Cases, ante, pp. 429, 723.

or five times between Christmas and March, with the earl and the captain: that the captain told him he was to command 50 men to be the earl's guard at Oxon, and would have had him