A particular account of the proceedings at the Old-Bayly, the 17 and 18 of this instant October, with relation to the Earl of Shaftsbury, and others, prisoners in the Tower; and Mr. Rouse, who was indicted of high treason, &c.

A Particular account of the Proceedings at the Old-Bayly , the 17 and 18 of this Instant October , with Relation to the Earl of Shaftsbury , and others , Prisoners in the Tower ; and Mr. Rouse , who was Indicted of High Treason , &c.

ON Monday the 17th October , began at the Old-Bayly , the General-Sessions of Goal-delivery for the City of London , and County of Middlesex ; where several Petitions were presented to the Court , on the behalf of the Earl of Shaftsbury , Lord Howard of Escricke , Mr. Wilmore , and Mr. Whitaker , Prisoners in the Tower , and Mr. Wilson Prisoner in the Catehouse , Praying they might be Bayled or brought to their Tryals ; upon Reading whereof , the Court Declared ,

That as to all the Petitions from the Prisoners in the Tower , they were to the same effect with those that had been formerly preferred ; and whereupon , all the Judges had delivered their Opinions , that the Matter desired was not within the Power of this Court , but their remedy upon the Act was to move the Court of Kings Bench the first week of the next Term , and the Court , was now of the same opinion : And as to the Petition of Wilson , he was not within the Power of this Court 〈…〉 in regard the Commission of Goal-delivery , is limited to the Prison of Newgate , and extended to no other Prison , and it was mentioned , that the same had been formerly resolved in this Court , upon the like Petition of one Christian .

Then the Persons Empanelled to serve on the Grand Jury for the Goal-delivery for London , being returned to be Sworn , Objection was made against most of them , by Council that attended by appointment of Mr. Attorney-General , as being Dissenters from the Church of England ; and two of them being charged by name , were examined by the Court , and they not denying their going to Conventicles , but refusing to Answer , the Court directed the Secondary to name two others ; and thereupon directed the Sheriffs to return the Panell so reformed , by putting in the Names of the two Persons so named by the Secondary , instead of the other two which the Sheriffs at first refused to do ; but the Lord Chief Justice , and all the other Judges then present , Declaring the Law in that Case ; and the Act of 3 Hen . 8. being read , the Sheriffs did at last consent to return the Panell so Reformed .

The same day Mr. John Rouse was removed from the Tower to Newgate , in order to his Trial : And on Tuesday the 18th , an Indictment of High Treason was Preferred against the said John Rouse , by which he is charged to have Compassed and Imagined the Death of the King , and to have endeavoured to raise a Rebellion , and to depose His Majesty from His Crown and Dignity ; and this his Wicked and Traiterous Design , to have uttered and declared by Malicious and advised Words and Discourses . The Witnesses were at the desire of the King's Councel , Examined in Court . And the Jury having heard the Evidence , withdrew , and after some time returned , and desired they might Examine the Witnesses in private , which the Court did not think fit to allow of , it being Mr. Attorney's desire to have it otherwise ; and the Grand Jury pretending a Priviledge to have it so , The Court told them they had a Priviledge to consult privately , but the King's Evidence might at any time be given either Publickly or Privately , as the Court should Order ; but they should be allowed to have the Evidence given over again , and to Examine the Witnesses as throughly as they pleased : Whereupon they desired the Witnesses might be kept apart , and out of hearing of what was said in Court , and called one after another , to give their Evidence , which was done accordingly . The substance of the whole Evidence was as follows ,

First , Mr. John Wiat a Gentleman of a good Estate , was Sworn , and deposed , That being in company with Mr. Rouse , he the said Rouse , after other Discourse , did say , that he believed the Parliament at Oxford would not sit long ; but that the frequent Prorogations and Dissolutions 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 pleased ; and that he , the Deponent , saying thereupon , That he thought the King had as much right to his Crown , as he , the Deponent , had to any Estate descended to him from his Ancesters ; Rouse replied , the King had forfeited his Crown by breaking his Coronation Oath , and had no more right to it , than he , or any body else . Then Mr. Corbin ( who was employed together with Mr. Rouse by the Commissioners appointed for Disbanding the late Army ) was Sworn , and declared . That being present at the Discourse between Mr. Rouse and Mr. Wiat , he heard Mr. Rouse say the words above mentioned , or to that effect .

Mr. Hayns Swore , That the said Rouse had said to him at several times , That the People of England were better than the King , that they would deal with him well enough , though he Dissolved the Parliaments : That they would pull him down , and serve him as they did the Fool his Father ; That the said Rouse came to him the Deponent several times , and would have had him Swear that the King was privy to the Firing of London , and to the Death of Sir Edmundbury Godfrey , &c. and would have had him scatter Libels , to make the People Rise against his Majesty . And that he the Deponent had received several Sums of Money from the said Rouse .

Mr. Denis swore , That Rouse at several times told him , The King was a Papist , and intended to bring in Popery ; That he therefore put off Parliaments , but that they would no longer bear with him , but would compell him to let the Parliament sit , untill they had accomplished their Ends. That He was appointed to collect Moneys for the Maintenance of the Witnesses ; and that they need not fear any Prosecution , for that they would get such Juries , as would never find them Guilty . And that the Deponent received a Weekly Allowance from Rouse .

Mr. Smith , who was a Witness against the Lord Staffort , Swore , That Rouse told him at several times that he gathered Moneys , and was to give freely to such as would swear any thing against the Queen or the Duke ; and that the said Rouse shewed him , the Deponent , an Information , ( which he would have had Mr. Hayns swear to ) wherein it is said that the King knew of the Firing of London , and the Death of Sir Edmunbury Godfrey .

Mr. Turberville , likewise a Witness against the Lord Stafford , Swore , That sometime after Fitz-Harris's Tryal , being with Mr. Rouse , and talking of the Times , and he , Mr. Turberville , saying , that they that had Estates to lose would have a care how they fell into a Rebellion , Rouse replyed , The Rabble are all on our side , and they that have Estates among them , must do as they will have them .

Mr. Ivie , and Mr. John Macnamarra swore , They had received several Sums of Money from Mr. Rouse ; and Mr. Ivie said , Mr. Rouse would have had him swear against the King , the Queen , and the Duke .

The Witnesses being asked concerning their Religion , all declared they were Protestants . And there were other Witnesses that were not examined .

Then the Grand-Jury withdrew , and after some Hours returned the Bill endorced , Ignoramus . And the Court being Surprized thereat , and asking the Foreman , how they could upon so full an Evidence return an Ignoramus , being they were upon their Oaths , and whether they believed not the Witnesses , or were unsatisfied in Matter of Law ; For if they doubted the Law in any thing , they might have had the Opinion of the Court . The Foreman answered , That that was their Verdict , and they had satisfied their own Consciences , and conceived they were not bound to shew any Reasons for it .