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A52965 Rawleigh redivivus, or, The life & death of the Right Honourable Anthony, late Earl of Shaftsbury humbly dedicated to the protesting lords / by Philanax Misopappas. Philanax Misopapas.; S. N. 1683 (1683) Wing N72; ESTC R3409 90,509 250

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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
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