<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-08-08</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140514.apex.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B27874">
<STC T="W">P586A</STC>
<STC T="G">1852.c.28[5]</STC>
<STC T="C">R218973</STC>
<BIBNO T="umi">99884863</BIBNO>
<VID>187210</VID>
</IDG><!-- alt.stc G1852.c.28[5] --><!-- alt.stc CR218973 -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="report">
<PB N="1" REF="1" MS="y">
<HEAD>A Particular account of the Proceedings at the Old-Bayly, the 17 and 18 of this In&s;tant <HI>October,</HI> with Relation to the Earl of <HI>Shafts|bury,</HI> and others, Pri&s;oners in the Tower; and Mr. <HI>Rou&s;e,</HI> who was Indicted of High Trea&s;on, <HI>&amp;c.</HI></HEAD>
<P>_ON Monday the 17th <HI>October,</HI> began at the <HI>Old-Bayly,</HI> the General-Se&s;&s;ions of Goal-delivery for the City of <HI>London,</HI> and County of <HI>Middle&s;ex;</HI> where &s;e|veral Petitions were pre&s;ented to the Court, on the behalf of the Earl of <HI>Shaftsbury,</HI> Lord <HI>Howard</HI> of <HI>E&s;cricke,</HI> Mr. <HI>Wilmore,</HI> and Mr. <HI>Whitaker,</HI> Pri&s;oners in the <HI>Tower,</HI> and Mr. <HI>Wil&s;on</HI> Pri&s;oner in the <HI>Catehou&s;e,</HI> Pray|ing they might be Bayled or brought to their Tryals; upon Reading where|of, the Court Declared,</P>
<P>That as to all the Petitions from the Pri&s;oners in the <HI>Tower,</HI> they were to the &s;ame effect with tho&s;e that had been formerly preferred; and where|upon, all the Judges had delivered their Opinions, that the Matter de&s;ired was not within the Power of this Court, but their remedy upon the Act was to move the Court of <HI>Kings Bench</HI> the fir&s;t week of the next Term, and the Court, was now of the &s;ame opinion: And as to the Petition of <HI>Wil&s;on,</HI> he was not within the Power of this Court <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> in regard the Commi&s;&s;ion of Goal-delivery, is limited to the Pri&s;on of Newgate, and extend|ed to no other Pri&s;on, and it was mentioned, that the &s;ame had been formerly re&s;olved in this Court, upon the like Petition of one <HI>Chri&s;tian.</HI></P>
<P>Then the Per&s;ons Empanelled to &s;erve on the Grand Jury for the Goal-delivery for <HI>London,</HI> being returned to be Sworn, Objection was made again&s;t mo&s;t of them, by Council that attended by appointment of Mr. Attorney-General, as being Di&s;&s;enters from the Church of <HI>England;</HI> and two of them being charged by name, were examined by the Court, and they not denying their going to Conventicles, but refu&s;ing to An&s;wer, the Court directed the Secondary to name two others; and thereupon directed the Sheriffs to return the Panell &s;o reformed, by putting in the Names of the two Per&s;ons &s;o named by the Secondary, in&s;tead of the other two which the Sheriffs at fir&s;t refu&s;ed to do; but the Lord Chief Ju&s;tice, and all the other Judges then pre&s;ent, De|claring the Law in that Ca&s;e; and the Act of 3 <HI>Hen.</HI> 8. being read, the Sheriffs did at la&s;t con&s;ent to return the Panell &s;o Reformed.</P>
<P>The &s;ame day Mr. <HI>John Rou&s;e</HI> was removed from the <HI>Tower</HI> to <HI>Newgate,</HI> in order to his Trial: And on <HI>Tue&s;day</HI> the 18th, an Indictment of High Trea&s;on was Preferred again&s;t the &s;aid <HI>John Rou&s;e,</HI> by which he is charged to have Compa&s;&s;ed and Imagined the Death of the King, and to have endeavoured to rai&s;e a Rebellion, and to depo&s;e His Maje&s;ty from His Crown and Dignity; and this his Wicked and Traiterous De&s;ign, to have uttered and declared by Malicious and advi&s;ed Words and Di&s;cour&s;es. The Witne&s;&s;es were at the de&s;ire of the King's Councel, Examined in Court. And the Jury having heard the Evidence, withdrew, and after &s;ome time returned, and de&s;ired they might Examine the Witne&s;&s;es in private, which the Court did not think fit to allow of, it being Mr. Attorney's de&s;ire to have it otherwi&s;e; and the Grand Jury pretending a Priviledge to have it &s;o, The Court told them they had a Priviledge to con&s;ult privately, but the King's Evidence might at any time be given either Publickly or Privately, as the Court &s;hould Order; but they &s;hould be allowed to have the Evidence given over again, and to Examine the Witne&s;&s;es as throughly as they plea&s;ed: Whereupon they de&s;ired the Witne&s;&s;es might be kept apart, and out of hearing of what was &s;aid in Court, and called one after another, to give their Evidence, which was done accordingly. The &s;ub&s;tance of the whole Evidence was as follows,</P>
<PB N="2" REF="2">
<P> Fir&s;t, <HI>Mr.</HI> John Wiat <HI>a Gentleman of a good E&s;tate, was Sworn, and depo&s;ed, That being in company with Mr.</HI> Rou&s;e, <HI>he the &s;aid</HI> Rou&s;e, <HI>after other Di&s;cour&s;e, did &s;ay, that he believed the Parliament at</HI> Oxford <HI>would not &s;it long; but that the frequent Prorogations and Di&s;&s;olutions would little avail the King, for that he would be forced to comply with them; that all he had was given him by the Parliament, and they might take it away again when they plea&s;ed; and that he, the Deponent, &s;aying thereupon, That he thought the King had as much right to his Crown, as he, the Deponent, had to any E&s;tate de&s;cended to him from his Ance&s;ters;</HI> Rou&s;e <HI>replied, the King had forfeited his Crown by breaking his Coronation Oath, and had no more right to it, than he, or any body el&s;e. Then Mr.</HI> Corbin <HI>(who was employed together with Mr.</HI> Rou&s;e <HI>by the Commi&s;sioners appointed for Disband|ing the late Army) was Sworn, and declared. That being pre&s;ent at the Di&s;cour&s;e between Mr.</HI> Rou&s;e <HI>and Mr.</HI> Wiat, <HI>he heard Mr.</HI> Rou&s;e <HI>&s;ay the words above mentioned, or to that effect.</HI></P>
<P><HI>Mr.</HI> Hayns <HI>Swore, That the &s;aid</HI> Rou&s;e <HI>had &s;aid to him at &s;everal times, That the People of</HI> England <HI>were bet|ter than the King, that they would deal with him vvell enough, though he Di&s;&s;olved the Parliaments: That they vvould pull him dovvn, and &s;erve him as they did the Fool his Father; That the &s;aid</HI> Rou&s;e <HI>came to him the Deponent &s;everal times, and vvould have had him Svvear that the King vvas privy to the Firing of</HI> London, <HI>and to the Death of Sir</HI> Edmundbury Godfrey, &amp;c. <HI>and vvould have had him &s;catter Libels, to make the People Ri&s;e again&s;t his Maje&s;ty. And that he the Deponent had received &s;everal Sums of Money from the &s;aid</HI> Rou&s;e.</P>
<P>Mr. Denis <HI>&s;vvore, That</HI> Rou&s;e <HI>at &s;everal times told him, The King vvas a Papi&s;t, and intended to bring in Po|pery; That he therefore put off Parliaments, but that they vvould no longer bear vvith him, but vvould compell him to let the Parliament &s;it, untill they had accompli&s;hed their Ends. That He vvas appointed to collect Moneys for the Maintenance of the Witne&s;&s;es; and that they need not fear any Pro&s;ecution, for that they vvould get &s;uch Juries, as vvould never find them Guilty. And that the Deponent received a Weekly Allovvance from</HI> Rou&s;e.</P>
<P><HI>Mr.</HI> Smith, <HI>who vvas a Witne&s;s again&s;t the Lord</HI> Staffort, <HI>Svvore, That</HI> Rou&s;e <HI>told him at &s;everal times that he gathered Moneys, and vvas to give freely to &s;uch as vvould &s;vvear any thing again&s;t the Queen or the Duke; and that the &s;aid</HI> Rou&s;e <HI>&s;hewed him,</HI> the Deponent, <HI>an Information, (vvhich he vvould have had Mr.</HI> Hayns <HI>&s;vvear to) vvherein it is &s;aid that the King knevv of the Firing of</HI> London, <HI>and the Death of Sir</HI> Edmunbury Godfrey.</P>
<P><HI>Mr.</HI> Turberville, <HI>likevvi&s;e a Witne&s;s again&s;t the Lord</HI> Stafford, <HI>Svvore, That &s;ometime after</HI> Fitz-Harris<HI>'s Tryal, being vvith Mr.</HI> Rou&s;e, <HI>and talking of the Times, and he,</HI> Mr. Turberville, <HI>&s;aying, that they that had E&s;tates to lo&s;e vvould have a care hovv they fell into a Rebellion,</HI> Rou&s;e <HI>replyed, The Rabble are all on our &s;ide, and they that have E&s;tates among them, mu&s;t do as they vvill have them.</HI></P>
<P><HI>Mr.</HI> Ivie, <HI>and</HI> Mr. John Macnamarra <HI>&s;vvore, They had received &s;everal Sums of Money from Mr.</HI> Rou&s;e; <HI>and Mr.</HI> Ivie <HI>&s;aid, Mr.</HI> Rou&s;e <HI>vvould have had him &s;vvear again&s;t the King, the Queen, and the Duke.</HI></P>
<P>The Witne&s;&s;es being asked concerning their Religion, all declared they were <HI>Prote&s;tants.</HI> And there were other Witne&s;&s;es that were not examined.</P>
<P>Then the Grand-Jury withdrew, and after &s;ome Hours returned the Bill endorced, <HI>Ignoramus.</HI> And the Court being Surprized thereat, and asking the Foreman, how they could upon &s;o full an Evidence return an <HI>Ignoramus,</HI> being they were upon their Oaths, and whether they believed not the Witne&s;&s;es, or were un&s;atis|fied in Matter of Law; For if they doubted the Law in any thing, they might have had the Opinion of the Court. The Foreman an&s;wered, That that was their Verdict, and they had &s;atisfied their own Con&s;ciences, and conceived they were not bound to &s;hew any Rea&s;ons for it.</P>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="colophon">
<P>By Authority, EDINB&V;RGH, <HI>Re-Printed by</HI> David Lind&s;ay, <HI>Anno DOM.</HI> 1681.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
