industry noise and clamour served to no other purpose than the exposing there own folly and wickedness and the making His Loyalty and Justice shine with the more brightness and splendour and the giving him a fresh provocation as well as future opportunity to pry more narrowly into and with the greater vigour oppose their Machivilian Designs against His Soveraign the Protestant Religion the interest of Brittain and thereby sadly frustrate their BVDDING HOPS Nor was it long before their pregnant and groaning Designs gave him an occasion to demonstrate his Zeal therein for about April or May 1675. an odd kind of a Bill was unexpectedly offered one Morning in the House of Lords whereby all such as enjoyed any beneficial Offices or Imployments Ecclesiastical Civil or Military to which was added Privy-Councellor Justices of the Peace and Members of Parliament were under a penalty to take the Oath and make the Declaration and Abhorrence ensuing I A. B. Do Declare That it is not lawful upon any pretence whatsoever to take up Arms against the King And that I do abhor that Trayterous position of taking Arms by His Authority against His Person or those that are Commission'd by Him in pursuance of such Commission And I do Swear That I will not at any time endeavour any alteration of Government either in Church or State So help me God The same Oath was brought in the House of Commons in the Plague Year at Oxford and great endeavours used to have it imposed upon the Nation but was strenuously opposed by the very same persons that now introduced it into the House of Lords and by their assistance thrown out as a pernicious thing tending to the general infecting the Vitals of the Kingdom And although it then passed in a particular Bill commonly known by the Name of the Five Mile Act because it only concerned the Nonconformist Preachers yet even in that it was mightily opposed by that faithful Friend to the Crown the late Earl of Southampton whose sentiments and judgment in an Affair of that Nature might certainly have been accounted the Platform and Standard of Prudence and Loyalty This Oath they said was but a little thing being only a moderate security to the Church and Crown Yet their so stifly defending it when opposed by His Lordship and others together with their fierce and united endeavours to have it pass the House made all thinking men suspect that there was some extraordinary Design wrapt up in it and therefore contended for by them not as a triffle but a thing of that weight that the whole stress of Affairs depended thereon And indeed the Word Commission as it was there to be taken was of an extraordinary Extent and Latitude for if it should have been for taking away Estate or Life by force or if the perion Commissionated were under never so many disabilities by Acts of Parliament yet the taking that Oath would have removed all those Incapacities or his Commission would have ended the despute So that it came at last to be one of the greatest Contest perhaps that ever happened in Parliament wherein his Lordship and divers other Illustrous Peers being assured of their own Loyalty and Merit stood up against the Oath and pleaded for the Antient English Liberties with the same Pious Vertue and Heroick Courage and Resolution wherewith their Noble Ancestors had formerly defended the great 〈◊〉 of England only they deserved far greater Commendation and Honour in regard they grapled with far greater difficulties and had not so fair a Field to engage in but fought it out under all the disadvantages imaginable being overlaid by numbers and the noise of the House like the wind baring hard upon them nor being so few could they as their Adversaries withdraw to refresh themselves in a whole days engagement yet never was there a fuller demonstration How dull a thing humane loquence is and how small and inconsiderable The most towering and insulting greatness when bright Truth discovers all things in their proper colours and dementions and like the Sun shoots its enlightning Rayes through all their fallacies The Dispute lasted many days with much eagerness on both sides and was so warmly opposed that the Parliament was Prorogued before the Lords came to any Resolution about it but in the next Sessions they ordered it to be burnt It might be injurious to the rest of the Noble Lords who took part with him therein to attribute the whole success to him yet the Promoters accused him of having first opposed it and that he and the Duke of Buckingham stirred up and influenced the rest And therefore the Popish Party who it 's probable hop'd to have reaped the greatest advantage by that Oath banded against him with as much fierceness as ever and although they had failed of Murthering his Person yet resolved to accomplish the ruine of his Reputation influencing several Protestants as well Clergy as Laiety to lend their helping hand to this great Work The former were to bespatter him in their Pulpits as if they were Conjuring down the Devil instead of commending the Blessed Jesus in the Tenders of the Gospel The other were to bespatter him with their Pens thereby to procure him the hatred of the Vulgar who commonly take up things upon Trust and believe every thing they read to be true and because they could procure no better they employed Needham a mercenary Wretch who had with an audacious impudence and unparalell'd virulency Writ against two Kings Viz. Our present Soveraign and His Royal Father and therefore the more fit for such an undertaking His first Essay was in a Libellous Pamphlet called Advice to the Men of Shaftsbury wherein he falsely charged him with many fictitious Crimes and imaginary Designs against the Government And thus having prepared the way to his ruine as they imagined they hoped to accomplish by it an accident which happened quickly after in the ensuing Parliament which met February 15th 1676. after 15 months Prorogation upon this occasion As soon as the King had finished his Speech the Commons withdrew and the Lords had taken their Respective Seats The Duke of Buckingham who usually says what he thinks stood up and argued with great strength of reason that according to the Laws and Constitution of Parliaments that unpresidented Prorogation was null and the Parliament consequently Dissolved offering moreover to maintain it to all the Judges and desiring as hath been usual in such Cases That they might give their Opinions but a certain Lord fancying himself a better Judg of that weighty Point in Law moved that the Duke of Buckingham might be called to the Bar whereupon his Lordship stood up and opposed it as an extravagant motion and ascertain'd the validity of Buckingham's Proposals with all the Cicilian height of Courage and Reason Whereupon another Lord of no less consideration than the former who had called the Duke to the Bar stood up in as great pet as if the Salt had been
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
That he whose Counsels had been so successful in contriving His Restoration might be highly necessary and very much conduce to the Establishment of Him in His Kingdom and to shew the extraordinary Esteem he had for his Parts and Abilities he advanced him to be one of the first Rank in the Council placing him above his Royal Brother the Duke of Gloncester and even General Monke himself whom his Majesty use to 〈◊〉 Political Father And having in sundry respects saith Sir William Dugdale in his History of the Baronage of England whom we cannot suspect of Partiality manifested his Loyalty to Charles the First and his great Affection to his Country in the late perilous and difficult Times and likewise to our present Soveraign by his prudent and seasonable Advice and Consultation with General Monke in order to His Majesties Restoration in consideration of these his acceptable Services he was by Letters Patents bearing date at Westminster upon the 20th day of April in the Thirteenth Year of His Majesties Raign advanced to the Degree and Dignity of a Baron of this Realm by the Title of Lord Ashly of Wimbourne St. Giles and to the Heirs Males of his Body This Honour was conferred upon him in the Banqueting-House at White-hall three days before His Majesties Coronation in order to his assisting in the performance of that splendid Ceremony And when his Majesty was pleased to issue out the Grand Commission of Oyer and Terminer for the Trial of the Regicides directed to several Noble Persons choice was made of this Honourable Lord to be of the number of that Court his Majesty deeming him to be a Person whose Prudence and Loyalty render'd him as deserving of the Honour to which his Majesty therein preferred him as any other contained in that Commission And as if his Majesty had so high a Valuation for his Lordship that he thought his profound Parts and exemplary Loyalty merited a perpetual confluence of Royal Favours he raised him at several times to higher degrees of Honour making him Chancellor of his Exchequer Under-Treasurer of the Exchequer Lord Lieutenant of the County of Dorset and one of the Lord Commissioners of the Treasury But all these being too small to compensate his Merits and demonstrate the Royal Bounty and Princely Gratitude of his Soveraign whose Generous Nature inclines him to delight in nothing more then to reward like a King He was advanced to the Title and Dignity of an Earl being in the year 1672. created Earl of Shaftesbury and Lord Cooper of Paulet to him and the Heirs Males of his Body by Letters Patents bearing date at Westminster upon the 23 d. day of April in the Twenty Fourth Year of his Majesties Raign And in November following upon the Resignation of Sir Orlando Bridgeman his Majesty to gratifie the uninterrupted good Services of the Earl of Shaftesbury Chancellor of his Exchequer and one of the Lord Commissioners of the Treasury was pleased to give unto him the Keeping of the said Great Seal with the Title of Lord High Chancellor of England these are the words of the Gazette being the second Person that had enjoyed that Title since his Majesties Raign Whereby he was placed by his Great Master in the highest Orb that any Subject could possibly move in The Kings Conscience being as it were committed to his Care and Management And with what Prudence and Candour Honour and Integrity he acquitted himself in that great and weighty Imployment the Transactions of the Court of Chancery during the time of his Chancellorship will best testisie Justice then run in an equal Channel so that the Cause of the Rich was not suffer'd to swallow up the Rights of the Poor nor was the strong or cunning Oppressor permitted to devour the weak or unskilful Opposer but the abused found Relief suitable to their Distress and those by whom they were abused a severe Reprehension answerable to their Crimes The mischievous Consequences which commonly arise from the delays and other practices of that Court were by his ingenious and judicious Management very much abated and every thing weighed and determined with such an exact Judgment and Equity that it almost exceeds all possibility of belief And because the Traducers of this Lords Loyalty not only reproach him with the Tap which was an unquestionable Mark of Loyalty and Honour it being got in conducting his Majesty to his Crown and Kingdom but have likewise quarrel'd at his constant Faithfulness to the Royal Interest and endeavour'd to abuse every thing he did for his Majesties Service as they have done the speech he made to the Parliament upon the account of the Dutch War And that the World may see the temper of the Men and upon what ground it is they were his Enemies I have set down the Speech verbatim as follows My Lords and you the Knights Citizens and Burgesses of the House of Commous THe King hath spoken so fully so excellently well and so like Himself that you are not to expect much from me There is not a word in His Speech that hath not its full weight And I dare with assurance say will have its effect with you His Majesty had called you sooner and His Affairs required it but that He was resolved to give you all the ease and vacancy to your own private Concerns and the People as much respit from Payments and Taxes as the necessity of His Business or their Preservation would permit And yet which I cannot but here mention to you by the Crafty insinuations of some ill affected persons there have been spread strange and desperate Rumours which your Meeting together this day hath sufficiently proved both malicious and false His Majesty hath told you that He is now engaged in an important very expensive and indeed a War absolutely necessary and unavoidable He hath referred you to His Declaration where you will find the Personal indignities by Pictures and Medals and other publique affronts His Majesty hath received from the States their Breach of Treaties both in the Surinam and East-India business and at last they came to that heighth of Insolence as to deny the honour and right of the Flag though an undoubted Jewel of this Crown never to be parted with and by them particularly owned in the late Treaty of Breda and never contested in any Age. And whilest the King first long expected and then solemnly demanded Satisfaction they disputed His Title to it in all the Courts of Christendom and made great Offers to the French King if he would stand by them against us But the most Christian King too well remembred what they did at Munster contrary to so many Treaties and solemn Ingagements and how dangerous a Neighbour they were to all Crowned heads The King and His Ministers had here a hard time and lay every day under new Obloquies Sometimes they were represented as selling all to France to make this War Portsmouth Plymouth and Hull were to be given into the
French hands for Caution The next day news came that France and Holland were agreed Then the obloquy was turned from treachery to folly The Ministers were now Fools that some days before were Villains And indeed the Coffee-houses were not to be blamed for their last apprehensions since if that Conjunction had taken effect then England had been in a far worse case then now it is and the War had been turned upon us But both Kings knowing their Interests resolved to Joyn against them who were the Common Enemies to all Monarchies and I may say especially to ours their only Competitor for Trade and Power at Sea and who only stand in their way to an universal Empire as great as Rome This the States understood so well and had swallowed so deep that under all their present distress and danger they are so intoxicated with that vast ambition that they slight a Treaty and refuse a Cessation All this you and the whole Nation saw before the last War but it could not then be so well timed or our Alliances so well made But you judged aright that at any rate Delenda est Carthago That Government was to be brought down And therefore the King may well say to you 'T is your War He took his measures from you and they were just and right ones and He expects a suitable assistance to so necessary and expensive an Action which He has hitherto maintained at His own charge and was unwilling either to trouble you or burden the Country until it came to an inevitable necessity And His Majesty commands me to tell you that unless it be a certain Sum and speedily raised it can never answer the Occasion My Lords and Gentlemen Reputation is the great support of War or Peace This War had never begun nor had the States ever slighted the King or ever refused Him Satisfaction neither had this War continued to this day or subsisted now but that the States were deceived in their measures and apprehended His Majesty in that great want of money that He must sit down under any Affronts and was not able to begin or carry on a War Nay at this day the States support themselves amongst their People by this only falshood that they are assured of the temper of England and of the parliament and that you will not supply the King in this War And that if they can hold out till your meeting they will have new life and may take new measures There are lately taken two of their principal Agents with their Credentials and Instructions to this purpose who are now in the Tower and shall be proceeded against according to the Law of Nations But the King is sufficiently assured of His people Knows you better and can never doubt His Parliament This had not been mentioned but to shew you of what importance the frankness and seasonableness of this Supply is as well as the fulness of it Let me say the King has brought the States to that condition that your hearty conjunction at this time in supplying His Majesty will make them never more formidable to Kings or dangerous to England And if after this you suffer them to get up let this be remembred The States of Holland are Englands eternal Enemy both by Interest and Inclination In the next place to the supply for the carrying on of the War His Majesty recommends to you the taking care of His Debts What you gave the last Session did not near answer your own expectation Besides another confiderable Aid you designed His Majesty was unfortunately lost in the birth so that the King was forced for the carrying on of His affairs much against His will to put a stop to the payments out of the Exchequer He saw the pressures upon himself and growing inconveniencies to His People by great Interest and the difference through all His Business between Ready money and Orders This gave the King the necessity of that proceeding to make use of His own Revenue which hath been of so great effect in this War But though he hath put a stop to the trade and gain of the Bankers yet he would be unwilling to ruine them and oppress so many Families as are concerned in those Debts Besides it were too disprortionable a burden upon many of His good Subjects But neither the Bankers nor they have reason to complain if you now take them into your care and they have paid them what was due to them when the Stop was made with Six per Cent. Interest from that time The King is very much concern'd both in Honour and Interest to see this done And yet he desires you not to mis-time it but that it may have only the second place and that you will first settle what you intend about the Supply His Majesty has so fully vindicated His Declaration from that Calumny concerning the Papists that no reasonable scruple can be made by any good man He has sufficiently justified it by the time it was published in and the effects He hath had from it and might have done it more from the agreeableness of it to His own natural disposition which no good English man can wish other then it is He loves not bloud or rigorous severities but where mild or gentle ways may be used by a wise Prince He is certain to choose them The Church of England and all good Protestants have reason to rejoyce in such a Head and such a Defender His Majesty doth declare His care and Concerns for the Church and will maintain them in all their Rights and Priviledges equal if not beyond any of His Predecessors He was born and bred up in it It was that his Father died for We all know how great temptations and offers He resisted abroad when He was in His lowest condition And He thinks it the Honour of His Reign that He hath been the Restorer of the Church 'T is that He will ever maintain and hopes to leave to posterity in greater lustre and upon surer grounds then our Ancestors ever saw it But His Majesty is not convinc'd that violent ways are the Interest of Religion or the Church There is one thing more which I am commanded to speak to you of Which is the jealousie that hath been foolishly spread abroad of the Forces the King hath raised in this War Wherein the King hath opened himself freely to you and confessed the fault on the other hand For if this last Summer had not proved a miracle of Storms and Tempests such as secured their East-India Fleet and protected their Sea-coast from a discent nothing but the true reason want of Money could have justified the defect in the number of our Forces 'T is that His Majesty is providing for against the next Spring having given out Orders for the raising of seven or eight Regiments more of Foot under the Command of Persons of the greatest Fortunes and Quality And I am earnestly to recommend to you that in your Supplies
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
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
to kill the Earl of Shaftsbury as being the great encourager and influencer of the rest not long after which Matteson pull'd a Pistol out of his Pocket in Mr. Prance's Shop affirming he would therewith do Shaftsbury's business having provided the same for that purpose several others also assures Mr. Prance that he would speedily be destroyed But after this their rage was heigthned and they supposed themselves obliged to a greater vigilancy in accomplishing his ruine upon the account of a Speech which was said to be spoken by him in the House of Lords March 25. 1679. upon occasion of the Houses Resolving it self into State of England which was to the following Effect MY LORDS YOV are now appointing the consideration of the State of England to be taken up in a Committee of the whole House some day the next Week I do not know how well what I have to say may be received for I never study either to make my Court well or to be popular I alwaies speak what I am commanded by the dictates of the Spirit within me There are some other considerations that concern England so nearly that without them you will come far short of Safety and Quiet at home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a Wall we will build on her a Palace of Silver if she be a Door we will inclose her with Boards of Caedar We have several little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland the forraign Protestants are a Wall the only Wall and Defence to England upon it you may build Palaces of Silver glorious Palaces The protection of the Protestants abroad is the greatest power and security the Crown of England can attain to and which can only help us to give check to the growing greatness of France Scotland and Ireland are two Doors either to let in good or mischief upon us they are much weakned by the Artifice of our cunning Enemies and we ought to enclose them with Boards of Caedar Popery and Slavery like two Sisters go hand in hand sometimes the one goes first sometimes the other but wherever the one enters the other is always following close at the Heels In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an Illustrious Nobility a Gallant Gentry a Learned Clergy and an understanding worthy People but yet we cannot think of England as we ought without reflecting on the condition thereof They are under the same Prince and the influence of the same Favourites and Councils When they are hardly dealt with can we that are Richer expect better usuage For 't is certain that in all absolute Governments the poorest Countries are most favourably dealt with When the Ancient Nobility there cannot enjoy their Royalties their Shrievaldoms and their Stewardies which they and their Ancestors have possessed for several hundred of years but that now they are enjoyn'd by the Lords of the Council to make Deputations of their Authorities to such as are their known Enemies can we expect to enjoy our Magna Charta long under the same persons and Administration of Affairs If the Council-Table there can imprison any Nobleman or Gentleman for several years without bringing him to Tryal or giving the least Reason for what they do can we expect the same men will preserve the Liberty of the Subject here My Lords I will confess that I am not very well vers'd in the particular Laws of Scotland but this I do know that all the Northern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath out-done all the Eastern and Southern Countries in having their Lives Liberties and Estates subjected to the Arbitrary Will and Pleasure of those that govern They have lately plundered and harassed the richest and wealthiest Countries of that Kingdom and brought down the barbarous Highlanders to devour them and all this almost without a colourable pretence to do it Nor can there be found a Reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any Rate which as they managed it was only prevented by the miraculous hand of God or otherwise all the Papists in England would have been armed and the fairest opportunity given in the nick of time for the execution of that wicked and bloody Design the Papists had and it is not possible for any man that duly considers it to think other but that those Ministers that acted that were as guilty of the Plot as any of the Lords that are in Question for it My Lords I am forced to speak this the plainer because till the pressure be fully and clearly taken off from Scotland 't is not possible for me or any thinking man to believe that good is meant us here We must still be upon our guard apprehending that the Principle is not changed at Court and that those men that are still in place and Authority have that influence upon the mind of Our Excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me which can put a perfect cure to it until that be done the Scottish Weed is like Death in the pot Mors in Olla But there is something too now I consider that most immediately concerns us their Act of Twenty two Thousand Men to be ready to invade us upon all occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a standing Army of Six Thousand Men. I am sure we have Reason and Right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there but if a French Nobleman should come to dwell in my House and Family I should think it concerned me to ask what he did in France for if we were there a Felon a Rogue a Plunderer I should desire him to live elsewhere and I hope your Lordships will do the same thing for the Nation if you find Cause My Lords Give me leave to speak two or three words concerning our other Sister Ireland Thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restor'd and the Protestants are not many of them yet recovered from being the suspected Party The Sea-Towns as well as the In-land are full of Papists That Kingdom
this Project they next procured young Tongue Son to Dr. Tongue to prove that his Father the Earl of Shaftsbury and Oates invented the Popish Plot Whereupon one of the Lords of the Council asked him If they contrived Coleman's Letters too To which he could make no reply and indeed the whole business was so weak and ridiculous that it effected nothing more than the depressing the Wretch that was to have been the Evidence of it under the weight of his own Guilt he being committed to the King's-Bench where he hath ever since remained Besides their publick Designs they had several secret Projects and Artifices to accomplish his Ruine As forging of his Hand and other such like base and villanous Arts as appears by their intercepting Letters directed to his Lordship and after having incerted Treason in them in a hand as near the Original as they could possibly counterfeit transmitted them to such hands as would certainly acquaint our Ministers of State therewith but more especially a certain Gentleman who had commanded a Regiment of Horse in the Service of his late Majesty for whose sake and his present Majestie 's he suffered the loss of all that he had writ to the Earl about relieving him against the Gout with which he was much afflicted whose Letter was intercepted the person that writ it lived at that time in the Frengch King's Dominions and after they had added to it an account that the Writer was able to furnish the Earl with Forty thousand men from France to oppose the D. Y's Interest it was then convey'd to some of the French Ministers of State presuming they would send a Copy of it hither but by an over-ruling Providence the Letter was strangely return'd into the Gentleman's own hands whereby the mischief they intended was prevented His Majesty having prorogued the Parliament his Lordship together with the Earls of Huntington Clare Stamford c. the Lords North and Grey Chando's Grey Howard and Herbert being introduced to his Majestie 's Presence by his Highness Prince Rupert presented the following Petition and Advice to His Majesty SIR VVE are here to cast our selves at your Majestys feet being Ten of the Peers of Your Realm of England and in our own Names and in the Names of several others of our fellow Peers do humbly beg That Your Majesty would consider the great Danger Your Royal Person is in as also the Protestant Religion and the Government of these Your Nations We humbly pray that in a time when all these are so highly concerned Your Majesty will effectually use Your Great Council the Parliament SIR Out of the deepest sence of Duty and Loyalty to Your Majesty we offer it as our humble Advice and earnest Petition that the Parliament may sit at the time appointed and that Your Majesty would be Graciously pleased to give publick Notice and Assurance thereof that the minds of Your Majestys Subjects may be settled and their fear removed To this Petition and Advice His Majesty answered He would consider of what they had offered and told them that he heartily wished all other people were as solicitous for the peace and good of the Nation as he was and ever would be However he was pleased soon after to Prorogue the Parliament from the 26th of January till the 11th of November following About this time his Lordship was visited with a violent and dangerous fit of Sickness and his recovery was somewhat doubted of but Heaven was pleased to spare him to be a further Scourge and Terrour to the Papists those common Pests of Christendom and sworn Enemies to His Majesty and the English Nation The Romanists having tryed so many ways and different methods for accomplishing his Ruine resolved to try a new Stratagem for the effecting thereof viz. The tampering with Dugdale to retract his Evidence concerning the Popish-plot and endeavour to prevail with him to withdraw himself into some place beyond the Seas and leave a Writing behind him wherein he was to retract all he had sworn against the Papists and pretend that the occasion of his Retraction was an extream trouble and anguish of Conscience for having so unjustly and wickedly injured the Papists and procured the shedding of innocent blood affirming that it was by the instigation of his Lordship and other Protestants of unblemished Loyalty to His Majesty upon whom he was moreover to six the Odium of a Presbyterian Plot not only against the Papists but against His Majesties Person and Government But the mischief of it was they had not then Debauched his Conscience perswaded him to question the Truth of God's Omnisciency or wholly Erradicated the Beleif of a Deity out of his mind and thereby render him hardy enough to undertake so Barbarous a Work without any kind of Hissitation Wherefore being touched with some Remorse at so horrid a Villany he gave an account of the business to his Lordship and some others and so that design suffered the same fate with the rest and produced no other effect than exposing the malice of his Enemies and the informing him what he must live in a dayly expectation of from those indefatigable wretches and purchasers of Perjury by offers of two Thousand Pounds and promises of other Rewards and Gratitudes A Sum so considerable and Arguments so powerful and irresistable that it would have been a rarity much more amazing and would infinitly have transcended any of those called The Seven Wonders of the World if they should alwaies have been so unhappy as not to meet with some Profligate Villain or other who would upon those considerations engage to Swear whatsoever they should dictate and even defie the Almighty and storm Heaven it self to gain so immence a Treasure and acquire a Fortune so far above what their Birth or Education ever gave them a Prospect of In December 1680. he was present at and assisted in the trying William Viscount Stafford upon an Impeachment of the House of Commons for Ploting and Conspiring with the Pope and his Emissaries to Murther the King exterpate the Protestant Religion and subvert the Government of these Kingdoms and after a fair Tryal his Lordship with the Majority of the Peers sound him Guilty of the Treason whereof he stood Impeached upon which he received Sentence to be Hang'd Drawn and Quarter'd the rigour whereof was remitted by the Gracious Pleasure of His Majesty And not long after he was beheaded on a Scaffold erected for that purpose on Tower-Hill On the 10th of Jannuary His Majesty Prorogued the Parliament and on the 18th they were Dissolved by Proclamation and a New one summoned to meet at Oxford on the 21 st of the following March which being looked upon by his Lordship and divers others of the Nobility and Gentry to be ominous and attended with much hazard and danger and was afterwards really found to be so by some To prevent which the Earl joyned with several Noblemen in presenting a humble Petition and Advice full of Tenderness