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A62416 The Earl of Anglesey's state of the government & kingdom prepared and intended for His Majesty, King Charles II in the year 1682, but the storm inpending growing so high prevented it then : with a short vindication of His Lordship from several aspersions cast upon him, in a pretended letter that carries the title of his memoirs / by Sir John Thompson, Baronet.; State of the government & kingdom Anglesey, Arthur Annesley, Earl of, 1614-1686.; Haversham, John Thompson, Baron, 1647-1710. 1694 (1694) Wing T1000; ESTC R1565 19,674 41

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course to arrive at the like whilst your Majesty sinks into a Debt from such you may considently require diligent and faithful Service and Care to ease your Majesty and do your work so that your Honour and Dignity may be supported and so that all your Subjects may see and Rejoyce that you have conferred your Favours on fuch as render themselves Worthy thereof and ease the great pains and troubles that attend so weighty a Crown as your Majesties is to which their Duty as well as Obligations bind them and the strise among them should be only who should serve so good a Master best I am sure I will have no difference with nor offend any of them but upon that account and therein I shall never doubt of Protection and Countenance from your Majesty as far as I am trusted I know your Majesty hath received much disquiet by the attempts to weaken or shake the Legal Succession of the Crown against your Majesties deelared Resolution to the contrary and cannot forget that I have often assured your Majesty such endeavours will be best diverted by wise and gentle handling of Parliaments and the right use of your house of Peers in such contests wherein I have and shall ever be ready in a Parliamentary way to do your Majesty all the Faithful service I am capable of and to find out such Expedients as may satisfy your People that their Religion and Liberties may be secured by other ways that shall neither displease nor discompose your Majesty nor so much as raise in you a Jealousie that there is the least aim to invade your Prerogative or give you disquiet or disturbance It is within my Memory that the great case of Habeas Corpus the business of the Loanes c. were bandied in Parliament viz. 3 of your Fathers Reign which produced the Petition of Right to be made a Law After that the Case of Ship Money which for more assurance after Judgment in the House of Peers against it by their ordinary Authority and Power of Judicature was branded and condemned by Act of Parliament as Illegal and Arbitrary and all the Judges questioned for their Extrajudicial Opinions and yet in this Case not only his Majesties Learned Council but all the Judges upon a Case stated were unanimous for the King Right but being drawn Ex parte as the other Cases were also it was very easy through Fear or weakness of Judgment or want of the due Ventilation and digestion that causes of such import were wont to have after many Days hearing of Council on both sides and Arguments at the Bar and Bench to ingage im mistakes which therefore afterwards came to a publick Disquisition in the Court of Kings Bench and by Writ of Error in the Exchequer Chamber upon the opposition of private Subjects who would not sit down in a Case of that Consequence where they conceived and were advised the right lay on their sides against the Opinion of the Judges who being pre-ingaged by Exjudicial Opinions had before both in the Kings Bench and all the Judges of England excext Three or Four in the Exchequer Chamber upon the Writ of Error given Judgment against the Subject yet by the Division of the Judges when it came to be a Chequer Chamber Case which I heard intirely and the Free and Learned arguing thereof and view of the Records for supporting of the Liberties of the Subjects the Eyes of People were so opened that the opposition to the payment of it grew general and the first Parliament which was called after as is before mentioned put an end to that controversie for ever The Progress and conclusion of this Case ought to sway with your Majesty to be wary and circumspect in all Cases of Law for the future that are not warranted by known Law and Practice appearing upon mature consideration and debate For here was more then ordinary caution used before the King would impose a new Burthen upn his Subjects though his Necessities were by the long discontinuance of Parliaments and intervening accidents very great And he had better vouchers then are ever like to be had again in a Controversie between the King and the Subject and yet all came to a sad reckoning and raised Jealousies which are not quite Extinguished to this Day And by attempts in new Cases which draw consequences that will raise apprehensions of insecurity to the Subject may unhappily revive I have always thought it more dangerous to the Crown by colour and pretence of Legal Authority to do a thing of general and standing import and allarm to the Subject then without consideration to do transcient Acts of Violence which I am well assured your Majesty never will And your Majesty having not only by your Coronation Oath at which I was present Legally and Solemnly obliged your self to the Law and Customs and good Government of England but by many Declarations since in Parliament and otherwise to the great satisfaction of your People of all degrees removed the apprehensions some had taken up to the contrary and are by too many still retained and improved from the late unexpected Dissolution of divers Parliaments and their proving Abortive I cannot but in Zeal to your Majesties Honour and Safety and that it may not be in the power of any wicked instruments to foment Jealousies or to raise Doubts any longer humbly beseech your Majesty since it cannot be supposed that your Majesty is skilled in the Knowledge of all the Laws that in all cases of Difficulty and which are not of ordinary Cognizance and Practice but such wherein the Lives Liberties and Properties of your Subjects in general may be concerned your Majesty to the end you may perform what you intend to your People will require the debates and advice of your Council at Law and your Privy Council before your Maiesty be ingaged in points of Law that upon further Consideration and Trial will not hold but raise Disputes and bring Blemish upon your Majesties Proceedings which else must light upon those whose Duty it is Faithfully to advise your Majesty and within the bounds of your Oath and Legal Pleasure so often declared The late War between your Royal Father and his Parliament was little expected as any is now to arise in this Kingdom but it came on insensibly and by degrees and the intervening of unlooked for accidents till it raised a Current that carried all before it and had a dreadful Progress and Conclusion yet the rise of it was but Fears and Jealousies no bigger I may say then a Mans Hand Visible to us whasoever might be in the Womb of Providence It s true no Arming or Gathering of Forces now appears there is no Parliament in Being not Act in Force for any to continue till they will dissolve themselves But the same English People which they were wont to represent live in their own Houses claim their good old Laws and Liberties and are watchful over them who knows
Peoples Affections were did the more carefully maintain themselves in the good Opinion and Love of the People by granting them all the reasonable Securities they desired Redressing their Grievances and Removing those tho' Innocent that were the least distasteful to the Commons of which we will mention a few Presidents In 15 Edw. 3. Declaration was made That such as found themselves Agrieved with the King or his Officers should upon Complaint find Remedy and in the same Parliament at the Request of the Commons that the Chancellor and all other Officers there named may be Chosen in open Parliament and be openly Sworn to observe the Laws It was Enacted That if any such Officer died or otherwise his Place fall void the King will have the Assent of his Nobles and such Officers shall be sworn the next Parliament according to their Petition and that at every Parliament the King will Assume into his Hands all such Offices so as the said Officers shall answer to the said Objections In 17 Edw. 3. The Commons Complain of the Transporting the Treasure the Discovery of the Secrets of the Realm and that they neither Could nor Would they are the Words of the Record any longer bear so strange Oppressions hereupon the Act of Provision was made 21 Edw. 3. N. 58. The Commons Complain That whereas divers Merchants were Slain and Robbed on the Sea by the King's Enemies of France they which undertook the Coundct may be made come into this present Parliament to make Gree to the Merchants who by their default have lost their Goods To which the King answers Let Persons and Places be assigned for hearing the Plaints of all that will Complain to the end Right and Reason may be fully done to the Plaintiff 22 Edw. 3. N. 7. The Commons Petition That all Wooll and other Merchandize may freely pass To which the King answers That the passage shall be free paying to the King his due So in the 36th of Edward the 3d. the King consents to a Statute for the yearly holding a Parliament Note According to the practice and usage of that time a Parliament signifies a new Parliament the sence and meaning of the Law was That there should be a new Parliament chose in the time prescribed which appears by this that from the first of Edward the Third to the 14th of Henry the Fourth which was but 87 years there are yet remaining besides what are lost by the injury of Time and carelesness of Keepers about 72 Original Writs So the 45 of Edward 3d Numb 31. when Commons affirm the decay of the Navy to arise by three Causes viz. 1 st For that sundry Mens Ships are staid for the King long before they serve whereby the Owners are driven at their Charges to find their Mariners to their undoing 2dly For that Merchants the Nourishers of the Navy are often restrained their Shipping whereby Mariners are driven to seek other Trades and Livings 3dly For that the Masters of the King's Ships do take up Masters of other Ships as good as themselves are whereby the most of these Ships do lye still and the Mariners are enforced to seek new Livings whereof they pray Remedy The King promises to provide Remedy Thus also in 1 of Hen. 4. Thomas Arundel Archbishop of Canterbury by the King's Command tells them in Parliament That it is the King's Will to Govern by the Honourable Discreet and Sage of the Realm and by their Common Consent and not by his own Will nor after his own Fashion to Rule the same and further enforced That this Realm of any under the Sun might best Live of it self And in the 5th of Hen. 4. At the Request of the Commons the Lords According that Four special Persons should be removed out of the King's House viz. The King's Confessor the Abbot of Dore Mr. Richard Durham and Crosby of the Chamber whereupon Saturday the 9th of February the said Confessor Durham and Crosby came in to the Parliament before the King and Lords where the King excused them saying That he then knew no Cause wherefore they should be removed but only for that they were hated of the People and therefore charged them to depart from his House according to the Agreement and the like he would have also procured against the Abbot if he had been present I am the more particular in these things in Answer to that Assertion of the Industrious Mr. Prynn See Prynn's Preface to Sir R. Cotton's Records Sect. 14. That the King 's Created and set up meerly by Parliaments and their own Power in them without any True and Hereditary Title have seldom answered the Lords and Commons Expectations in the Preservation of their Just Laws and Answers to their Petitions It would exceed the bounds of a Preface to go through the rest of these Memoirs The drift of the whole however it be disguised is to tell the World in my Lord Anglesey's Name that the Business of Sir Edm. Godfrey the Firing of London the Popish Plot were only Fears Jealousies and Surmises Mem P. 112. That Evidence did not rise high and clear enough to charge any Papist withit however the Parliament and a great Minister threw the Guilt on them But how probable it is that my Lord Anglesey should be of this Opinion That he should believe nothing of the Popish Plot that without Malice Motive or Evidence he should give his Voice for the Condemnation of my Lord Stafford a Person he himself thought Innocent that he should be first so much a Monster and then so meer a Natural as under his own Hand to testifie as much Whether all this looks not more like the Fiction and Forgery of the Publisher than the Genuine Sense of that Great Lord let every unprejudiced Reader judge The Account of Arthur Earl of Anglesey Lord Privy Seal to your most Excellent Majesty of the true State of your Majesties Government and Kingdoms April 27th 1682. HAving by the Obligations of your Royal Predecessors to my Ancestors and me for several Generations lain under the strictest Bonds of Duty and Allegiance to imploy my Studies long Observation and Experience for the furtherance of the Service of the Crown and Weal Publick I could not contrive how to do it better and more effectually than by offering the same to your Majesties View and Royal Consideration by this Scheme thereof which is without Intreigue for any Parties Animosity or Envy against and Persons or Design of Advantage or Advancement to my Self or any Relation or Friends of mine And the Nature of true Gratitude being to acknowledge and render Service for Favours received without Ambitious practice or expectation of further Reward or Recompence then what shall freely flow from your Majesties Spontanious Goodness and Consideration how to dispose of your Subjects so as may most advance your Glory and render you a redoubted King to your own People and highly esteemed and courted by all your Allies and
what the present Licentious paper War may produce It s come to open quarrelling already and quarrels bring Blood-shed The scence is only changed from Skirmishes and Battels in the Fields and Sieges of Cities and Towns it s come now to contention in every House to altercations and Fightings between Sheriffs and other Officers Grand Juries and Petty Juries and they and the Courts of Justice who by Law are the Conservators of our Peace are ingaged in the quarrels and Verdicts are found and Judgments given as the litigant parties exceed one the other in power and practice more then by the Merits of the Cause which ingageth almost the whole People of one side or other in every Case So that now Justice hath lost its old deep still Channel and all Causes are carried by a Fierce Impetuous Torrent which in time if not diverted may break all our Banks and prove a general Inundation for it s come to this already that all Reverence to Ministerial Officers Juries Judges is lost and there is now no case of moment almost wherein there is not mustering of Parties and instead of Parliaments Appeals are made to the People who can neither meet nor judge in a Body and therefore end all Controversies by quarrelling Parties whose Judgment if it were legal can neither be known nor executed but in Parliament where the Collective Body of your People meet by representation and where these ill symptomes of a divided and distempered Kingdom can only hope for and receive a Cure which God and your Majesty Grant The Oracle of Truth hath said That a Kingdom divided against it self cannot stand Things Frame as if it were the design on all Hands to encrease and foment Divisions instead of pacifying them whence else is the intolerable Licence of giving Nick Names and Marks of Distinction and Reproach to one another to challenge and publish Chartels of Defiance to Scuffle and Fight in the very Streets and Coffee Houses and the Dissenters in Religion blamed and suffer for all this as of old the cry was Christianos ad Leones when there is such a general ferment of Ranchor and Malice throughout the Kingdom as is never like to be removed but by such Remedies as shall be offered before I Conclude To the discomposed Estate of your Majesties own Kingdoms the disjoynted and dangerous condition of Christendom by the over-grown Greatness and Usurped Dominion of the French King over other Princes and States doth not a little contribute and when he shall have leisure and power to finish his secret Councils and Intreigues to Corrupt and Engage in his Designs your Majesties Disaffected or Ambitious Subjects or prevail with your Majesty to believe that his Purse or Power and strict Friendship with your Majesty are necessary or but probable means to support your Crown and Dignity and bridle the Subjects which his Artifices and Insinuations have raised a Jealousy of it will occasion such a Paroxisme and such Couvulsions in the State as may dangerously Shake and Hazard the Peace of your Kingdoms if not render your Great and Renowned Government a Prey to Forreigners But the Fatal Cause of all our Mischiefs present or apprehended and which if not by Wisdom Antidoted may raise a Fire which will Burn and Consume to the very Foundation is the unhappy Perversion of the Duke of York the next Heir to the Crown in point of Religion which naturally raises Jealousy of the Power Designs and Practices of the old Enemies of our Religion and Liberties and Undermines and Emasculates the Courage and Constancy even of those and their Posterity who have been as Faithful to and Suffered as much for the Crown as any the most pleased or contented in our impending Miseries can pretend to have done In short though the Supreme Wheel of Providence must be owned in all that is or may come upon us yet every one seems to be at Work to dig the Kingdoms Grave and if God hath determined our Confusion the least accidental disorder will too naturally bring things to a general Complaint and Quarrel about Religion Laws Liberties and Properties unless before the Gangreen spread further it be by competent and wise Council and steady Government made appear that all these are secuted past the Fear or Apprehension of all Good and Prudent Men and thereby that handle of Contention wrested from the Enemies Forreign and Domestick of our Religion and Peace Towards the attaining that wished for end and the delivering us from our Divisions and Fears and rendring your Majesty and Kingdom Safe Glorious and Happy I shall now set before your Majesty the most proper Means and Remedies that occur to me upon the most serious Consideration 1. To begin with Parliaments where your Majesty is in your greatest Glory and your Kingdom in its greatest Strength Activity and Usefulness your Majesty by your many Declarations of your Love to and delight in them and Resolution of frequent Assembling them hath set such an edge upon the Spirits of your People ever fond of Parliaments that hope deferred will make their Hearts Faints and raise Jealousies which may breed Ill Blood before their Meeting But preparatory to a better understanding it were to be wished that the licentious Liberty now taken to asperse the Memory and weaken the very Constitution and Power of Parliaments were seasonably Discountenanced and Corrected The blaming and reprehending of Parliaments or either House thereof is a peculiar and prerogative fit for your Majesty alone who are the Head of them and whose great Councels they are and which is to be exercised according to the example of your Majesties most Wise and Prosperous Predecessors only in Parliament time when they may be heard and acquit themselves or any Slips Errours or Faults that shall appear may be reformed amended or redressed or in cases disputable new Remedies applied to prevent future Contests And as the Peopls in general out of Parliament have no Authority herein much less a part of them so I count it of very pernicious Example and Consequence and no ways serviceable to your Majesty by whomsoever incouraged that any Numbers or Degrees of Men have presumed under what Colour soever to trample upon the Honour of Dissolved Parliaments and Arraign their Proceedings which are only to be Examined and Judged by Parliament who can alone rectify the same if found Erroneous and Unwarrantable And I heartily wish this Innovation may not prove one of the greatest Obstacles to a good Intelligence the next Parliament and that it may never be questioned with two much heart and resentment which whosoever shall be chosen to serve therein may think it their concern to do effectually for the safety and preserving the chief Priviledges and Rights of Parliament which are Freedom and Protection so that none may entertain and vent dishonourable Thoughts of them to the violation of their good Names or Persons and an Examption from being questioned or impeached in any other Court or