and make no haste into the Boat they called to him to come away Gentlemen said he I intreat you to excuse my going with you for I now call to mind some extraordinary business which obliges me to stay in Town But his company was too pleasant to be so easily relinquish'd wherefore one of them stepping out of the Boat endeavoured by his importunity to alter his resolution and perswade him to go with them according to his first intention but being not able to prevail he protested he would carry him into the Boat if he would not go willingly so that being unwilling to disoblige them he adventur'd to go although with much reluctancy As they were shooting the Bridge it being low Water the force of the Ebb carried their Boat with such violence against a Loyter that was just gone through before them that she sunk but several Boats presently making towards them they were all sav'd however their design for Bowling at Greenwich was spoiled for that day Having spent some considerable time in the Inns of Court his Relations began to think of disposing of him in Marriage and a suitable Match was enquired after that might answer the largeness of his Fortune At length a Marriage is agreed by the consent of both Families between him and Margaret Daughter to Thomas Lord Coventry sometime Lord Keeper of the Great Seal of England whose agreeable Conversation render'd his Life the more pleasant and delightful He had no Issue by this Wife His second Wife was the Lady Frances Daughter to the Earl of Exeter by whom he had Issue his only Son and Heir Anthony Lord Ashly now Earl of Shaftesbury who married the virtuous and ingenious Lady the Lady Dorothy Daughter to John Earl of Rutland by whom he hath Issue two Sons Anthony a Youth of about Twelve years of Age extreamly like his Grandfather both for Person and Parts for which reason he was so dear to him that his Life seemed to be bound up in this Grandsons as Jacobs was said to be in his Son Benjamin's His last Wife was Margaret Daughter to William Lord Spencer a most accomplished and Virtuous Lady whose exemplary Piety is so extraordinary that she may very well be proposed as a pattern for other Noble Personages to imitate her constant custom being to rise by Five of the Clock in the Morning and she usually spends two or three hours there in her private Devotions No sooner did the Fame of his great Abilities reach the Royal Ear but his late Majesty cast a favourable Eye upon him employing him in several eminent Services which he performed with an exact Loyalty to the satisfaction of his Majesty from whose Interest he never departed otherwise then as Hushai from King David when the Tribes of Israel revolted from him in order to the using his Interest for the Service of his Prince and endeavour by his Wisdom and Counsel so to order and influence the Councils and Designs of the Conspirators that they might be the less hurtful to his Soveraign and tend to the overthrow of themselves And it is admirable to contemplate with what dexterous Skill and exquisite Policy he so managed all their Councils as to make them run directly towards and naturally tend to swell the Royal Stream which immediately upon their Ebb flowed so suddenly and swiftly that like a swelling Sea it easily overflowed all those Banks which were cast up to impede its Flux and by its irresistable force bore down all before it until at last it terminated in the full Tide of his Majesties Restoration Like the Generous Hushai never resting until he saw his Ejected Soveraign like the glorious Sun newly escaped from a total Eclipse return to the possession of his Crown and Kingdom His Majesty having December 5. 1639. upon the advice of the Earl of Strafford and Marquess of Hamilton and Doctor Land Archbishop of Canterbury declared his resolution for the calling a Parliament After 11 years interval he was by the unanimous consent of the Inhabitants of the Borough of Tewkesbury in Gloucester-shire chosen to serve as Burgess for that Town Sir Edward Alford being chosen for the other On Monday April 13. 1640. this Parliament opened and were acquainted by his Majesty That he thought never any King had greater cause to call his People together nor more weighty Affairs to confer with them about then himself the particulars whereof he referred to the Lord Keeper By whom they were recommended to the Parliament in an elegant Speech The Parliament sate in debate of those things recommended to them till the fifth of May when his Majesty concluding they were too slow in giving those Supplies he demanded Dissolved them publishing a Declaration thereupon containing an account of his Reasons for that Dissolution This was the fourth Parliament which had been Dissolved by his Majesty In the beginning of our unhappy Troubles he raised a Regiment for the Service of his Majesty and was by him upon the Rupture with the Parliament made Governour of Waymouth being at the same time High Sheriff of the County of Dorset And when he saw that the War would unavoidably break out he summoned by virtue of his Pesse Contitatus the whole County from sixteen years old to meet at Dorchester which is the County Town thereby to engage them to stand by his Majesty But before that day appointed for their Meeting his Majesty sent down Colonel William Ashburnham with a Commission to be Governour of the County of Dorset whereupon he repaired presently to Dorchester and shewed his Commission to the High Sheriff At which time the Sheriff acquainted the Colonel with what he had done in reference to his Majesties Interest by summoning the County wherewith the Colonel was very well pleased But Sir Anthony concluding that the Colonel's being sent to command as Governour of the County notwithstanding his being Governour of Weymouth and high Sheriff of Dorset-shire proceeded from some secret suspition which his Majesty had conceiv'd of his Fidelity perhaps occasioned by the malicious whisperings of some about the King who grew Jealous of him lest the greatness of his Parts should in time have raised him higher in his Majesties Favour and good Opinion then would have consisted with their Interest took Horse the next Morning and went to his own House about 20 Miles from thence the next day he went to his Brothers and from thence to London The day being come for the Counties Meeting they flocked in vast numbers to Dorchester there being scarce a Man in the whole County wanting whereupon the Colonel being informed that the High Sheriff was not in Town went up to the Guild-Hall being accompanied with several of the chief of the Town and told the People That he was glad to see so great an appearance and that they yielded so ready Obedience to the Summons of their Sheriff who was at that time absent telling them that the occasioning of Summoning of them was to engage them to
thrown down or some such like ominous accident had happened and with abundance of earnestness renewed the motion for calling the Duke to the Bar but there were too many Lords between for that motion to succeed and advice was brought every moment from the House of Commons that the things was yet in agitation among them which gave his Lordship an opportunity to appear with extraordinary vigour in defence of the Duke's Person and his Proposal so that the Earl seem'd more properly another Principle than the Duke's Second Whereupon the Lord Chancellor therefore undertook on the contrary to make the Prorogation look very formidable laying the best colour upon it and the worst upon his Opponants Thus for five or six hours it grew to be a fixed Debate many arguing it on both sides in a regular method until they received the welcome News that the Commons were risen without doing any thing whereupon the greater number called for the Question and had it in the affirmative that the Debate should be laid aside And thus being flasht but not satisfied with their Victory they fell desperately upon them who had affirmed the dissolution the same night and the next day voted his Lordship with the Duke of Buckingham the Earl of Salisbury and the Lord Wharton to be commited to the Tower under the Notion of Contempt during his Majesties and the Houses pleasures The Contempt for which they were committed was their refusing to recant their Opinions and ask pardon of the King and the House of Lords notwithstanding the liberty and freedom of Speech which His Majesty verbally and of course allows them at the opening of every Parliament The Warrant for the committing his Lordship together with the Earl of Salisbury and the Lord Wharton ran Thus ORdered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of his Majesties Tower of London his Deputies shall reserve the Bodies of James Earl of Salisbury Anthony Earl of Shaftsbury and Philip Lord Wharton Members of this House and keep them in safe Custody within the said Tower during his Majesties Pleasure and the Pleasure of this House for their high Contempts committed against this House And this shall be your sufficient Warrant on that behalf J. Brown Cler. Par. To the Constable of the Tower THE four Lords continued in the Tower so long that the Parliament was several times Adjourned during their Confinement which his Lordship bore with abundance of patience and incredible chearfulness considering the many weaknesses and infirmities of Body he then laboured under They expected to have been Released at least of course by Prorogation but Adjournments was so much in use at that time that it made them despair of being releived that way wherefore finding no end of their Captivity they looked upon the procuring their Liberty to deserve as much care as others took to retain them in durance to which end they each of them chose the method he judged most proper The Duke of Buckingham the Earl of Salisbury and the Lord Wharton upon their application to His Majesty by a Petition were enlarged But Shaftsbury could not come off so for having made his Addresses to His Majesty in an humble Petition to be restored to his Liberty and the Favour of his Majesty he found the Royal Earl deaf to his Sute and no relief to be obtained that way Whereupon his Lordship applied himself to the Court of Kings-Bench the constant Residence of His Majesties Justice whether he was brought Wednesday Jan. 27. 1677. upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower and there being some dispute about the sufficiency of the Return his Council prays to have the Return filled and Friday appointed to debate the sufficiency of it which being granted the Earl was re-manded back again unto the Tower On Friday morning his Lordship was brought up again and then the Case was strongly and learnedly argued on both sides and after the discussing the Point about the sufficiency of the Return then Mr. Williams Mr. Wallop and Mr. Smith who were Council for his Lordship gave divers weighty Reasons in the Earls behalf that the Court might and ought to relieve him The Attorney and Solicitor Generals argued the contrary shewing divers Causes why that Court could not relieve a person committed by Parliament So soon as they had done the Earl stood up and in an Elegant Speech spake for himself and directing him self to the Court delivered himself to this Effect MY LORDS I Did not intend to have spoken one word in this business but something hath been objected and laid to my charge by the Kings Council Mr. Attorney and Mr. Solicitor that inforces me to say something for your better satisfaction They have told you that my Council in their Arguments said That this Court was greater than the House of Peers which I dare to appeal to your Lordships and the whole Court that it was never spoken by them I am sure it was not spoken by any direction of mine What is done by my Council and by me is That this Court is the most proper place to resort unto in those Cases where the Liberty of the Subject is concerned The Lords House is the Supream Court of Judicature in the Kingdom but yet there is a Jurisdiction which the Lords House do not meddle with The Kings Council mentioned as a wonder that a Member of the Lords House should come hither and thereby diminish the Jurisdiction of that Court I acknowledg them to be superiour to this or any Court in England To whom all Appeals and Writs of Error are brought and yet there is a Jurisdiction that they do not challenge and which is not natural to them or proper for them They claim not to meddle in Original Cases and so I might mention in other things And I do not think it a kindness to any Power or Body of Men to give them a Power or Jurisdiction which is not natural or proper to their Constitutions I do not think it would be any kindness to the Lords to make them absolute and above the Law for so I humbly conceive this must do if it be adjudged that they by a general Warrant or without any particular Cause assigned do commit me or any man to a perpetual and indefinite Imprisonment And my Lords I am not so inconsiderable a person but what you do in my Case must be Law for every man in England Mr. Attorney is pleased to say I am a Member of the Lords House and to lay wait on the word Member It 's true I am one of them and no man hath a greater reverence and esteem for the Lords than my self But I hope my being a Peer or a Member of either House shall not lose my priviledg of being an English-man or make me to have the less Title to Magna Charta or the other Laws of English Liberty My Opinion is not with one of my
and Affection Duty and Loyalty to His Majesty's Person and Government humbly requesting that the Parliament summoned to meet at Oxford might be Graciously permitted to meet and sit at Westminster It was presented to His Majesty by the Earl of Essex who acquainted the King with the design and intent of their Petition in the following words May it please Your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by your late Proclamation Your Majesty hath Declared an Intention of calling a Parliament at Oxford and observing from Histories and Records how unfortunate many such Assemblies have been when called at a place remote from the Capital City as particularly the Congress in Henry the Seconds time at Clarendon Three several Parliaments at Oxford in Henry the Thirds time and at Coventry in Henry the Sixths time with divers others which have proved very fatal to those Kings and have been followed with great mischief to the whole Kingdom And considering the present posture of Affairs the many Jealousies and Discontents which are among the People we have great cause to apprehend that the Consequences of the sitting of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People if we being Peers of the Realm should not on so important an occasion humbly offer our Advise to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which we humbly present to Your Majesty To the Kings most excellent Majesty The humble Petition and Advice of the Lords undernamed Peers of the Realm Humbly sheweth THat whereas Your Majesty hath been pleased by divers Spechees and Messages to Your Houses of Parliament rightly to present to them the dangers that threaten Your Majesties Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the suddain growth of a forreign Power unto which no stop or remedy could be provided unless it were by Parliament and an Vnion of Your Majesties Protestant Subjects in one Mind and one Interest And the Lord Chancellor in pursuance of Your Majesties Commands having more at large demonstrated the said dangers to be as great as we in the midst of our fears could imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would certainly be lost if a speedy provision was not made against them And Your Majesty on the 21st of April 1679. having called unto Your Council many Honourable and Worthy Persons and Declared to them and to the whole Kingdom That being sensible of the Evil Effects of a single Ministry or private Advice or forreign Committee for the general Direction of Your Affairs Your Majesty would for the future refer all things unto that Council and by the constant Advice of them together with the frequent use of Your great Council the Parliament Your Majesty was hereafter resolved to govern the Kingdom We began to hope we should see an end of our Miseries But to our unspeakable grief and sorrow we soon found our expectations frustrated the Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our relief and security And tho' another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither your Person nor your Kingdom could be safe till the Matter of the Plot was gone through It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein All their just and pious endeavours to save the Nation were overthrown the good Bills they had been industriously preparing to Vnite Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plots stifled The Witnesses that came in frequently more fully to Declare that both of England and Ireland discouraged Those forreign Kingdoms and States who by a happy Conjunction with us might give a check to the French Powers disheartned even to such a despair of their own security against the growing greatness of that Monarch as we fear may enduce them to take New Resolutions and perhaps such as may be fatal to Vs the Strength and Courage of our Enemies both at home and abroad encreased and our selves left in the utmost danger of seeing our Country brought into utter desolation In these extremities we had nothing under God to comfort us but the hopes that Your Majesty being touched with the groans of your perishing People would have suffered Your Parliament to meet at the day unto which it was Prorogued and that no further interruption should have been given to their proceedings in order to their saving of the Nation But that failed us too so then we heard that Your Majesty had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in safety but will be dayly exposed to the Swords of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby destroyed and the validity of all their Acts and Proceedings consisting in it left disputable The straitness of the place no way admits of such a concourse of persons as now follows every Parliament The Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have impeached or had resolved to impeach can neither bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Premises considered We Your Majesties Petitioners out of a just abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful apprehensions of the calamities and miseries that may ensue thereupon do make it our most humble Prayer and Advice that the Parliament may not sit at a place where it will not be able to Act with that freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the people and have ever had unless impaired by some Awe upon them of which there wants not presidents and that Your Majesty would be Graciously pleased to order it to sit at Westminster it being the usual place and where they may consult with Safety and Freedom And Your Petitioners c. Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Essex Shaftsbury Mordent Ewers Paget Grey Herbert Howard Delamer BUt His Majesty resolving not to alter His Resolution for the Parliaments setting at Oxford and the time of their metting
delightful view of the languishing Spectators wherein they plainly law the happy Issue of those Policies and Councils that were before Riddles too mysterious for vulgar understandings to unfold or once imagine whither they tended or where they would terminate by the following Resolves of both Houses Resolved by the House of Peers That they do own and declare That according to the Ancient and Fundamental Laws of this Kingdom the Government is and ought to be by King Lords and Commons Resolved That a Committee of Eight Lords do joyn with a Committee of the House of Commons to consider of an Answer to His Majesties gracious Letter and Declaration Resolved by the House of Commons That a Committee be appointed to prepare an Answer to His Majesties Letter expressing the Great and Joyfid sense of this House for his Gracious Offers and their humble and hearty Thanks to His Majesty for the same and with professions of their Loyalty and Duty to His Majesty And that this House will give a speedy Answer to His Majesties Gracious Proposals Resolved That the sum of 50000 1. be Presented His Majesty from this House The receiving those Letters and the Parliaments compliance therewith was no sooner reported to the City but the Citizens were almost overwhelmed with Joy the harmony of the Bells and the flaming Piles which inlightened every Street surrounded with incredible Shouts and Acclamations of Joy were sufficient demonstrations of the infinite pleasure and satisfaction they took in this no less wonderful then happy Revolution and the several Counties taking the Alarm from London contended which should out-vie each other in expressions of Loyalty and Joy Then the Parliament proceeded to draw up a Letter in Answer to His Majesties subscribing it to the Kings most Excellent Majesty desiring him speedily to return to the Exercises of his Kingly Office appointing Commissioners to go over to Holland and attend His Majesty during the remainder of his stay there and in his return to England Of these Commissioners there were six for the House of Lords for the House of Commons Twelve whereof our great Patriot was one and Twenty for the City of London Instructions being delivered to the Commissioners they set Sail for Holland in several Frigats appointed by the Parliament to attend them and after some danger by bad Weather they Landed at the Hague whither His Majesty was then removed from Breda where he had resided some time before as being a place nearer and more convenient for his Shipping the disposal whereof and of the whole Fleet was remitted to His Majesties pleasure General Montague having received Orders from the Parliament to Obey His Majesties Orders and Directions therein The Commissioners were no sooner arrived but they went and waited on His Majesty and with all imaginable Respect and Veneration delivered their respective Messages and behaved themselves according to the Instructions they received from their Principals beseeching His Majesty in the name of his Parliament and People to return and re-assume the Scepter assuring him That he should be infinitely welcome without any terms They were received by his Majesty with a Port and Grace like himself and entertain'd with extraordinary Favour and Magnificence In the mean time the Parliament Proclaim'd the King which was perform'd with all the Joy Splendour and Magnificence that Love or Loyalty could inspire The chief Lords of the House of Peers and the most eminent of the House of Commons the Lord General together with the Lord Mayor and Aldermen all in their Coaches attended by the whole Militia of the City waited upon and assisted in the Ceremony and the Shouts and Acclamations of the crouding Multitudes was so extraordinary that although all the Bells throughout the City and Suburbs were at that time Ringing yet their noise was not to be heard The King preparing for his Return was magnisicently Treated by the Dutch and highly Complimented by all the Forraign Ambassadours And the Dutch knowing that they should thereby very much please the King enlarg'd their Civilities to our great Patriot and the rest of the Commissioners from the Parliament and City treating them by their Deputies to their great content and satisfaction Whilst this great Adventurer for the Royal Cause continued in Holland one day as he was doing his Duty in waiting on his Soveraign had the unhappiness to be overthrown in a Carravan whereby he received an unfortunate Wound in his side between the Ribs which in time came to an Exulceration and was in the year 1672. when he was Lord Chancellour forc'd to be opened The Operation was performed by Mr. Knolls the Chyrurgeon by the Advice and Direction of the famous Doctor Willis and supposed to be the greatest Cure that ever was done upon the Body of Man From whence we may learn the hard Fate which sometimes attend the most commendable Actions since this which was the greatest mark and ensign of Loyalty should be made the matter of the greatest Obloquy and Reproach most of those malicious Pamphlets that have been written against him being filled with Invectives grounded upon the Story of the Tap. Oh monstrous Ingratitude His Majesty having prepared all things in readiness Embarqued for England the Royal Charles being appointed for that purpose And was attended by the Commissioners and a numerous Company of English Gentry and waited on by General Mountague with the whole Fleet and having a fair and gentle Gale Landed at Dover May 25. where he was met by the General and chief Nobility and so conducted to Canterbury Rochester and Darkford and from thence to London where His Majesty found the Lord Mayor and Aldermen ready in a Tent which was pitcht in St. Georges Fields to receive him the several Regiments being there placed in Order made a Lane for his Majesty to pass through the Sword being delivered him according to Custom he re-delivered it and after a splendid Treat proceeded into London by Southwark from the Bridge to Temple-Bar the Streets were Railed on one side with Standings for the Liveries and on the other with the Train'd Bands and sevefal Companies of Gentlemen Volunteers in White Doublets under the Command of Sir John Staywell through which His Majesty passed in a Splendid and Triumphant manner being bravely attended by Sir Anthony and the rest of the Commissioners of the Parliament and City together with all the principal Nobility and Gentry of England with innumerable others and so he passed to White-hall where both Houses of Parliament waited his Arrival whose Speakers in elegant Speeches acquainted him with the Felicity and Happiness they conceiv'd in this happy Revolution The Friday following His Majesty went the private way to the House of Lords and after having made a short Speech signed those Acts which were ready for the Royal Assent And not long after proceeded to the choice of his Privy-Council and in consideration of the great Esteem he had for Sir Anthony Ashly Cooper nominated him for one of them Wisely considering
will please to pardon my Frailties to accept of my faithful Endeavours and always to look favourably on the Work of Your own hands And now Sir my first Entrance upon this Service obliges me to make a few necessary but humble Petitions on the behalf of Your most Loyal and Dutiful House of Commons 1. That for our better Attendance on the Publick Service we and our Servants may be free in our Persons and Estates from Arrests and other Disturbances 2. That in our Debates Liberty and Freedom of Speech be allowed us 3. That as occasions shall require Your Majesty upon our humble Suit and at such times as Your Majesty shall judge seasonable will vouchsafe us access to Your Royal Person 4. That all our Proceedings may receive a favourable Construction That God who hath brought You back to the Throne of Your Fathers and with You all our Comforts grant You a long and a prosperous Reign and send you Victory over all Your Enemies and every good mans heart will say Amen To which the Lord Chancellour reply'd Mr. Speaker THe Kings Majesty hath heard and well weighed your short and Eloquent Oration And in the first place much approves that you have with so much advantage introduced a shorter way of speaking upon this occasion His Majesty doth well accept of all those dutiful and affectionate Expressions in which you have delivered your Submission to his Royal Pleasure And looks upon it as a good Omen to his Affairs and as an Evidence that the House of Commons have still the same Heart that have chosen such a Mouth The conjuncture of time and the King and Kingdoms Affairs require such a House of Commons such a Speaker for with Reverence to the holy Scripture upon this occasion the King may say He that is not with me is against me for he that doth not now put his Hand and Heart to support the King in the common cause of this Kingdom can hardly ever hope for such another opportunity or find a time to make satisfaction for the Omission of this Next I am commanded by his Majesty to answer your four Petitions whereof the first being The freedom of you and your Servants in your Persons and Estates without Arrest or other disturbance the King is graciously pleased to grant it as full as to any of your Predecessors The Second for Liberty and Freedom of Speech the Third for Access to his Royal Person And the Fourth That your proceedings may receive a Favourable construction are all freely and fully granted by his Majesty During the time of his Chancellourship he lived at Exeter-House in the Strand and managed and maintained all things with a Port and Bravery suitable to the Greatness and Dignity of his place exceeding therein all who have enjoyed that Honour in his Majesties Raign as will appear by the manner of his proceeding from his House to Westminster-hall the first day of Hilary Term January 23. being the first Term after his receiving the Seal In the Morning the Twelve Judges and the several Officers of the High Court of Chancery together with the whole Body of the Law repaired to Exeter-house where they were entertain'd at a splendid and magnificent Treat by his Lordship which being ended he proceeded according to the ancient and laudable Custom to Westminster in the following Order First went The Beadles The Constables The High Constable The Tipstaffes The Cryer of the Court The Gentlemen Clerks The Sixty Clerks of the Chancery The Master of the Subpoena Office The Master of the Affidavit The Students of the Inns of Court The Cursitors The Clerk of the Patents The Registers The Barristers at Law The Clerks of the Hanaper The Prothonotary The Clerk of the Crown The Examiners The Clerks of the Petty Bag. The Six Clerks Then proceeded the following Officers being all of them bare The Sealer to the Great Seal The Chafe Wax to the Great Seal The Usher of the Court The Master of the Rolls's Gentlemen The Lord Chancellors Gentlemen The Secretaries The Steward of the House and Warden of the Fleet The Gentleman Usher The Seal-bearer carrying the Purse wherein was the Great Seal The Serjeant at Arms attending the Great Seal carrying the Mace After whom came the Lord High Chancellor himself on Horse-back being richly Array'd The Gentleman of his Horse attended by a Page a Groom and Six Footmen walking along by his Stirrup Next to the Lord High Chancellor followed The Lord Chief Justice The Master of the Rolls The Lord Chief Baron of the Exchequer and the rest of the Judges according to their Seigniority And last of all came The Kings Serjeant at Law The Kings Attorny-General The Kings Solicitor-General The Kings Council The Duke of Yorks Attorny and his Solicitor together with the several Masters of Chancery In which Order they passed all along the Strand by White-hall through Kings-street and so to Westminster-hall the Streets being Lined with abundance of crouding Spectators who were exceedingly pleased with the Decency and Gallantry thereof All the time he enjoyed the Chancellorship he managed it with as much Honour and Advantage to his Majesty as any that ever did or will enjoy it And that not only upon the Bench but in the Senate too wherein he endeavoured to the uttermost of his Power to vindicate his Majesties Actions and by his admirable Eloquence labour'd to prevent or remove any Misunderstandings and Jealousies between the King and his Parliament as appears by the many excellent Speeches he made to the Two Houses when he was the mouth of the King to his People and had the Honour to be more successful therein then any who have succeeded him in that Honourable Station His sentiments of and veneration for his Soveraign and the smooth and charming Eloquence wherewith he fluently expressed himself upon all occasions sufficiently appear in that Speech which he made to the Lord Treasurer December the 5th 1672. upon his taking his Oath before him in the Exchequer My Lord Treasurer THe Kings most Excellent Majesty knowing your Integrity Abilities and Experience in his Affairs and particularly those of his Treasury hath thought fit to make choice of you to be his Lord High Treasurer of England and what necessarily accompanies that place hath by his Letters Patents under the Great Seal made you Treasurer of his Exchequer The Lord High Treasurer of Englands Office is held by the Kings delivery of the White-Staff The Treasurers of the Exchequer hath ever been held by Letters Patents And is that by which your Lordship is more immediately intituled to be a Chief Judge of this Court It were too nice and tedious and peradventure too formal to give an account of the several distinct Powers of these two Offices Reason and the length of time hath now so woven them together But as they are both in your Lordship I may justly say you are in a place of the first Rank as to Dignity Power Trust and Influence of Affairs
cannot long continue in the English hands if some better care be not taken of it This is in your Power and there is not bing there but is under your Laws Therefore I beg that this Kingdom at least may be taken into consideration together with the State of England for I am sure there can be no safety here if these Doors are not shut up and made sure But His Majesty had another kind of esteem for his Lordship for not long after the making of this Speech having Dissolv'd His Privy Council and chosen a new one he was pleased to constitute the Earl President thereof a Place so considerable for Honour and Trust that it hath not been enjoyed by any Subject for many years and was improv'd by him as much to the advantage of His Majesty and the Protestant Interest as possible And when the Bill for excluding the Duke of York had passed the House of Commons as the only expedient they could find out to suppress the Designs of the Papists and prevent their ever introducing the Popish Religion into England they sent it up to the House of Lords where his Lordship was one of those Honourable Lords who Voted for its passing that House in order to its being offered to His Majesty for His Royal Assent The Grand Jury returned for the Hundred of Osalstone in the County of Middlesex in June the 2d 1680. finding the Constables defective in not presenting the Papists as they ought it was ordered they should make further presentments by the 16th of that Instant upon which day they met again to receive them when likewise a Bill against D. Y. for not coming to Church was brought before them together with the following Reasons for his being indicted subscribed by the persons undernam'd First Because the 25th Car. 2d when an Act was made to throw Popish Recusants out of all Offices and Places of Trust the Duke did then lay down several great Offices and Places as Lord High Admiral of England Generalissimo of all His Majesties Forces both by Land and Sea Governour of the Cinque Ports and divers others thereby to avoid the punishmant of that Law against Papists Secondly 30. Car. 2d when an Act was made to disable Papists to sit in either House of Parliament there was a Proviso incerted in that Act That it should not extend to D. Y. on purpose to save his right of sitting in the Lords House though he refused to take those Oaths which the Protestant Peers ought to do Thirdly That His Majesty in His Speech March 6th the 31st year of his Reign doth give for a Reason to the Parliament why he sent His Brother out of England Viz. Because he would leave no Man Room to say that he had not remov'd all Causes which might influence him to Popish Councils Fourthly That there hath been divers Letters read in both Houses of Parliament and at the secret Committee of both Houses from several Cardinals and others at Rome and also from other Popish Bishops and Agents of the Pope in other Forreign Parts which do apparently shew the great Correspondencies between him and the Pope and how the Pope could not choose but weep for joy at the reading of some of his Letters and what great satisfaction it was to the Pope to hear that he was advanced to the Catholick Religion as likewise that the Pope hath granted him Briefs sent him Beads and ample Indulgencies with much more to this purpose Fifthly The whole House of Commons hath Declared him to be a Papist in their Votes Sunday April 6th 1679. wherein they resolv'd nemine contradicente that the Duke of York's being a Papist and his hopes of coming such to the Crown had given the greatest countenance and encouragement to the present Conspiracy and Designs of the Papists against the King and the Protestant Religion Sixthly That besides all this Proof and much more to this purpose it is most notorious and evident he hath for many years absented from Protestant Churches during Religious Worship These are the Reasons why we believe him to be a Papist this was subscribed and delivered by his Lordship together with the Earl of Huntington and the Lords Grey of Wark Russel Cavendish Brandon and Wharton as also by Sir William Cowper Barronet Sir Gilbert Gerrard Barronet Sir Edward Hungerford Knight of the Bath Sir Scroop How Thomas Thinn Esq William Forrester Esq and John Trenchard Esq But whilst the Jury were in debate of the Matter they were sent for up by the Court of Kings-Bench and dismist so that nothing was done upon it more than the Juries having receieved the presentment Wherefore on Wednesday July the Thirtieth the former Lords Knights and Gentlemen with the addition of the Lord Clare Sir John Cope Barronet Sir Rowland Gwynne and Mr. Wandsford presented the same to a second Grand Jury who were discharged as the former But whilst his Lordship was thus vigorously prosecuting the Popish Plot in the face of danger the Papists were as vigilent in contriving his ruine though with somewhat more secrecy and silence resolving to seize the Prey before they gave the least Alarm or Notice of their intention as appear'd by their close Caballistical Designs carryed on against this Earl and all the rest of the Protestant Nobility and Gentry in England wherein Mr. Dangerfield was a considerable Agent having been for that purpose fetcht out of Newgate by the Papists who hoping to reap a vast advantage by having him to manage their Affairs willingly disburst a large sum to discharge his Debts The first sangunary work they imployed him in was to attempt the Murther of his Lordship promising him 500 pounds for so acceptable a service as they apprehended it to be he inquired the Reason why they thirsted after his Life and how there might be any probable way proposed whereby it might be accomplished to which it was answered That as to the first they should be glad to have him out of the way because if they were rid of him as they were of Sir Edmondbury Godfrey it would be no difficult thing to bear down all the rest of their Opposers As to the second They affirmed it to be as easie as desirable since said the Lord P s my Man Wood was at Thannet House two nights since upon pretence of an Errand but his business was to view the House and observe what conveniences there were to make his escape after the fact was done assuring him that Wood found the thing so feasable that after he came back he declar'd himself sorry that he was not provided to have done it then And to encourage him to undertake this sanguinary enterprise with the more chearfulness he gave him Ten Guinneys in hand as an assurance that the full reward should be paid so soon as the fatal stroak should be given Promising moreover that Mr. Regaut a Virginia Merchant of Mrs. Celliers acquaintance should come to him on Sunday following to instruct him in