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A34178 The Compleat statesman demonstrated in the life, actions, and politicks of that great minister of state, Anthony, Earl of Shaftesbury : containing an account of his descent, his administration of affairs in the time of Oliver Cromwell, his unwearied endeavours to restore His Most Sacred Majesty, his zeal in prosecuting the horrid Popish Plot, several of his learned speeches during his being Ld. Chancellor, his two commitments to the Tower, the most material passages at his tryal, with many more considerable instances unto His Lordships going for Holland. Dunton, John, 1659-1733. 1683 (1683) Wing C5658; ESTC R35656 48,139 160

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Grey Chandos Grey Howard Herbert Rockingham Townshend Holles Delamer And was personally presented to His Majesty by four Earls and five Barons viz. Huntingdon Clare Stamford Shaftesbury North Grey Chandos Grey Howard Herbert With whom the Earl of Bedford had personally joyn'd but that by a sudden indisposition he was prevented It was delivered by the Earl of Huntingdon in the name of the rest of the subscribed Lords And they were introduced to His Majesty by his Highness Prince Rupert His Majesty was graciously pleased to return this answer That he would consider of what they had offered and could heartily wish that all other People were as sollicitous for the Peace and Good of the Nation as he would ever be But on the Twelfth His Majesty of his Princely Wisdom thought fit to prorogue the Parliament from the 26 of January until the 11th of November next ensuing Near this time this Noble Peer recovered out of a violent and dangerous fit of sickness So endless were the designs and Conspiracies of the Papists against this Noble Peer that notwithstanding they met with many disappointments in their Attempts the Almighty Providence protecting his Innocence from their ●…ellish Machinations that now another Female Agent is discovered for Tampering with Mr. Dugdale to retract what he had sworn before King and Parliament towards the detection of the damnable popish Plot the sum of Two Thousand pounds was offered him by one Mrs. Price and divers great persons named by her to be security for the payment of it in case he would sign such a Recantation and affix the Odium of a Protestant or Presbyterian Plot on some of the Protestant Peers and others of known Loyalty and Integrity to their Prince and Country particularly on the Right Honourable the Earl of Shaftesbury Of which ●…rous design Mr. Dugdale being at that time touched with some remorse at such a horrid Villany gave his Lordship an account which occasioned the miscarrying of that foul and traitorous Enterprise Nor were they wanting in their famous Method and Artifice in calumniating and throwing dirt on the Reputation of this Noble Peer which is a faculty they are very famous for and on the account of which they may particularly value themselves ●… For now a Pacquet of base Libels and Treasonable Reflections were by the Penny-Post transmitted to a Printer and Copies of the same dispersed about the parts of Westminster full of venemous and malicious slanders and Imputations tending to the taking away the life of this Protestant Earl and divers other Peers of Right Honourable Account But the Printer detesting so black a design published an Invitation to any person that would detect the Author or publisher of that infamous Libel And now we are got into such a Bog of Plots Sham-plots Subornations and Perjuries as the History of no Age can parallel 'T was the mode for discarded Varlets Irish Skip-kennels and indigent extravagants to be treated and treating one another with no less than the Assurances of vast and mighty Fortunes and Employments in places of Trust and Honour on condition they would lustily swear the Plot upon the Presbyterians but none of these cursed projects were ever proposed but the Earl of Shaftesbury was principally though with many other Noble Heroes to be charged as the chiefest Agent in it To this purpose David Fitz-Girald one of their notorious Evidences endeavours both by Bribes and Threats to draw divers others of his Countrey-men and Complices to join with him in the Catholick Design They had been disappointed at the Ponyard and Pistol nor could have opportunity to dispatch him that way the remembrance of Sir Edmund-Bury Godfreys Cravat and the Assassination of Justice Arnold were caution sufficient to any discerning Protestant and now that method had been so shamefully and notoriously detected and cast such a just Odium upon their party other means must be attempted nothing so suitable to their Genius as an Oath and it is no marvel if those who can't ordinarily discourse without discharging loud 〈◊〉 of Blasphemies and Execrations the embellishment of whose comm●…ik is the Rhetorick of their 〈◊〉 and Dam●…e's If such I say should at some 〈◊〉 or other make their loose Breath serve them to better purpose and swear themselves into Estates and Offices Fitz-Girald had store of Guinnys he ch●…nks them lustily and shews them to Mr. Hetherington besides divers Five-pound-pieces of Gold telling him this should be done to the man that was loved with divers other Invitations to come over and transfer the popish Plot in Ireland on the Protestants This was deposed by Mr. Hetherington before the Lord Mayor of London In January before the meeting of the Parliament at Oxford we find the Earl of Shaftesburys hand amongst other Noble Peers affixed to a Petition and Advice to His Majesty requesting His Majesty that the Parliament might ●…it at W●…minster And because the 〈◊〉 Petition and Advice 〈◊〉 all through it such unque●…able marks of a most tender Duty and ●…ction to His Majesties person It may not be improper here to insert it to obviate the evil surmises of some who would stain the most loyal performances with imputations of a contrary nature At the delivery of the Petition and Advice the Right Honourable the Earl of Essex is said to have made the following Speech 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 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 Advice 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 Speeches and Messages to your Houses of Parliament rightly to represent
Si●… John Duncomb In the Afternoon of the same day the Earl of Shaftesbury was visited by Prince Rupert with divers other great Lords at Exeter House where they gave his Lordship Thanks for his Faithful and Honourable Discharge of that great Employment Thus this mighty Minister who had to the universal satisfaction of all good Men been raised to that degree of Interest in his Masters favour without a murmur laid all his Honours at his Masters Feet and was observed not to abate of the chearfulness of his Temper upon the loss of his honorary Employment I shall conclude this part with a touch of this Earl's Character which saith His choice Sagacity Strait solv'd the Knot that subtle Lawyers tied And through all Foggs discern'd th' oppressed side Banish'd delays so this noble Peer Became a Star of Honor in our Sphere A needful Atlas of our State c. The 16th of Feb. 1676. The Honourable Earl of Shaftesbury was sent a Prisoner to the Tower by Order of the House of Lords There were at the same time committed the E. of Salisbury and the L. Wharton The Form of the Warrant for their Commitment was as followeth Ordered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of His Majesties Tower of London His Deputy or Deputies shall receive the Bodies of James Earl of Salisbury Anthony Earl of Shaftesbury 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 sufficient Warrant on that behalf To the Constable of the Tower J. Browne Cler. Par. The 27th and 29th of Jan. 1677. The E. of Shaftesbury was brought to the King's-Bench-Bar upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower where the Council for the Earl prayed that the Return might be filed and the Friday following appointed for Debating the sufficiency of the Return and my Lord was remanded until that day On Friday the Earl was brought into Court again and his Council argued the Insufficiency of the Return After Mr. Williams Mr. Wallop Mr. Smith had shewed divers weighty Reasons in behalf of the Earl that that Court might relieve him they were opposed by the Solicitor General and the Attorney General who brought divers Instances why that Court could not discharge a person Committed by Parliament whereupon the Earl of Shaftesbury is said to have spoke to this purpose 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 King's Council Mr. Attorney and Mr. Solicitor that enforceth 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 by any direction of mine What is done by my Council and by me is that this is the most proper Court to resort unto where the Liberty of the Subject is concerned The Lord's House is the Supream House of Judicature in the Kingdom but yet there is a Jurisdiction that the Lord's House does not meddle with The King's Council hath mentioned as a wonder that a Member of the Lord's House should come hither to diminish the Jurisdiction of the Lords I acknowledge them to be Superiour to this or any other Court to whom all Appeals and Writs of Errour are brought and yet there are Jurisdictions that they do not Challenge and which are not natural to them or proper for them They claim not to meddle in Original Causes 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 some Power that is not natural or proper to their Constitutions I do not think it a 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 other 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 Lord's House and to lay weight on the word Member It is true I am one of them and no man hath a greater Reverence or Esteem for the Lords than my self but my Lords I hope my being a Peer or a Member of either House shall not lose my Priviledge of being an English man or make me to have less Title to Magna Charta or the other Laws of English Liberty My Opinion is not with one of my Council who argued very learnedly that the Passing an Act by the King 's Royal Assent can make a Session because the usual promise was not in it It was without any Instruction of mine to mention that point The King's Council tells your Lordships of the Laws and Customs of Parliament and if this were so I should submit but this Case of mine is primae Impressionis and is a new way such as neither Mr. Attorney nor Mr. Solicitor can shew any President of and I have no other Remedy or place to Apply to than the way I take Mr. Attorney confesseth that the King's pleasure may Release me without the Lords If so this Court is Coram Rege this Court is the proper place to determine the King's pleasure This Court will and ought to Judge of an Act of Parliament void if it be against Magna Charta much more may Judge an Order of the House that is put in Execution to deprive any Subject of his Liberty And if this Order or Commitment be a Judgment as the King's Council affirms then it is out of the Lords hands and properly before your Lordships as much as the Acts which were lately Passed which I presume you will not refuse to Judge of notwithstanding that the King's Atorney General saith this Parliament is still in being I take it something ill that Mr. Attorney tells me I might have Applied elsewhere My Lord I have not omitted what became my Duty toward the King for besides the Oath of Allegiance I took as a Peer or an English man there is something in my Breast that will never suffer me to depart from the Duty and Respect that I owe him but I am here before him he is alwaies supposed to be here present and he alloweth his Subjects the Law My Lord They speak much of the Custom of Parliament but I do affirm there is no Custom of Parliament that ever their Members were put out of their own Power and the Inconveniencies of it will be endless Mr.