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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
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
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
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
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
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
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
nothing but inconstancy never proved more false to any then she did to him And his unshaken faithfulness to His Majesty from whose Interest no Temptation could ever allure him together with the Figure he made and the High Station wherein he deservedly stood was so far from defending him against that it subjected him to the Euvy and exposed him to the spleenful hate and insatiable Revenge of those who became his inveterate and implacable Enemies for no other reason then his extraordinary Zeal to have His Majesty safe in his Person by being Great in the Hearts of his Subjects and Raign without a Competitor and thereby become Formidable to his Enemies and be able like his Predecessors to give Laws to the Neighbouring Princes The only way to promote the publick Good maintain the Security of Religion the Safety of the Government and advance the Honour of the English Nation Wherefore they having resolved upon his ruine and knowing that the higher he mounted the more likely he would be to fall and if he did fall it would be with the greater precipitancy and danger They rack'd all their Inventions and improved all their Interest at Court to have him advanc'd to higher Honour although he was already exalted even above his own Ambition and thereby involved into so much danger that he was forced every Night to keep a constant Guard about his House thereby to secure his Person from the bloody Attempts of Popish Raviliacks or Roman Godfredizers So that this hopeful project not succeeding according to expectation may he rend by the future Ages in the British Chronicles to his immortal Glory and the shame and infamy of his Enemies But although they were not able with all their combinated strengths to trample him into an Ignominious Grave yet they quickly after found an occasion of Triumph upon the taking from him his Honourable Employment to which he ascended upon abundance of Merit used with abundance of Impartiality and resigned with as much Innocency and Honour in the following manner About November 1673. The King was pleased to send for his Lordship to Whitehall where upon His Majesties Command he resigned the Great Seal of England to be disposed of as His Majesty should think fit And thus this mighty Minister of State who had to the satisfaction and admiration of all good Men and to the hurt and prejudice and therefore to the hate and envy of none but the Papists improved that Power whereunto the Grace and Favour of his Soveraign had raised him did without any kind of murmuring or repining lay it down again at the Feet of him from whom he at first derived it Never abating of his usual Briskness nor altering the natural chearfulness of his Temper upon the loss of his Honorary Places but on the contrary when he had delivered the Seal he put on his Sword accounting it as much Honour and Happiness to walk with that by his side unenvied as to have the Mace and Purse carried before him with abundance of Emulation and Grudge besides danger In the Afternoon he was visited at his Mansion-house by his Highness Prince Rupert and divers other Peers and Gentlemen of Quality who gratefully acknowledged themselves to be extreamly oblig'd by his just and honest discharge of that Trust which had been reposed in him for which they returned him thanks And many whose tedious or difficult Suits were discharged by his dexterity and wisdom will ever remember him with Honour and Veneration For by his admirable Prudence deep Judgment and quick Apprehension he used presently and that with abundance of Facility and Ease to penetrate into the most intricate and difficult Causes and disperse those Cloudy Mists wherewith the subtile Lawyer had darkened and perplexed the Just and Honest Title as the Author of the Character of a Loyal States-man ingeniously expresses it His choice sagacity Strait salv'd the knot that subtle Lawyers ty'd And through all Foggs discern'd the oppressed side Banish'd delays and so this Noble Peer Became a Star of Honour in our Sphere A needful Atlas of our State c. And indeed he manag'd the Court of Chancery with such an unbyass'd Judgment and Uprightness that forced even those who lost the Cause to admire his sagacity and confess the equality of his Justice THE SECOND PART OF RALEGH Redevivus THE discarding the great SHAFTSBVRY was some abatement to the excessive sorrow of his Papist Enemies and proved a seasonable allay to that tormenting Grief which peradventure might otherwise Vulter-like have prey'd upon and fretted and consumed their Vitals and thereby have saved the World from that trouble it hath already felt and may expect from them But not containing themselves with his being discarded resolved still to prosecute his ruin and thereby render their revenge the more full and compleat And in order thereunto they first vainly attempted to Murder his unblemished Reputation and bring his Loyalty into Suspicion and then with an insernal Impudence accused him of High-Treason the same Project whereby they have since so often unsuccessfully attempted his ruin obligeing Collonel to pursue and prosecute the Accuation and to make him the more capable of performing it they did with all the Art and Industry wherewith Hell and Rome could furnish them make a narrow search and exact scrutiny into the several Offices he had passed through hoping there to find some casual accident or other which might by their Hellish Pollicy have been improved to High-Treason well knowing that suddain surprize the want of a true information or the falling short of a full and clear underderstanding of some material Circumstances might expose the most profound and exactest Judge in the World to a mistake in Judgment Yet to their amazement and anguish and the glory and of that Divine Providence whereby the Almighty who fore-sees the issue and events of all sublunary Actions wisely orders and disposes all things to the advantage of the favourites of Heaven they found no such casual flips or oversights in his management that could any way answer the pains they had taken in searching the Records of his Actions or favour the Designs they were carrying on against him For having with a complicated malice and impatiency of destroying him who of all others stood most in the way of their other Designs amaz'd together and mustered up all the worst things which those Infallible Vipers by the force of their Roman Venom were able to draw and attract out of the Court Rolls so disgested and phrased as might best serve the purpose to which they were designed and presented them to the King 's Learned Council in the Law for their judgment whether there were any thing contained therein upon which they might find matter whereon to ground an accusation of Treason They did after a serious perusal of the several particulars and pretended Crimes affirm to their everlasting Honour that there was nothing which amounted to Treason contained therein So that all their pains and
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
was not delayed till the thing was worn out of mind but Published whilst it was yet hot and fresh in every Mans Memory And that therefore if any such Horse had been bought and kept by Booth either the person who sold him or those who were present at the buying of him or the Inn-Keeper where he stood or the Ostler that looked to him or some one or other who must undoubtedly have seen him Ride or at least the person to whom he afterwards sold him would certainly either out of a Principle of Love and Loyalty to His Majesty to detect the impudence of the Captain in Publishing this Declaration to vindicate the Honour and Reputation of Booth to despite the Earl and render him the more Guilty or else out of Love and Desire of the Five Guinneys have appeared and given Evidence thereof The same may be said of the Captain 's Horse and therefore it must be granted that neither the one nor the other had any Horse at all and if so how improbable a Story it is That the Captain should command a Troop of Horse when at that same time he had not a Horse to Ride on nor never had been in 20 years at the place where this Troop was to be commanded And yet upon the Evidence of this Man and others of the like temper fome Men would have had his Lordship found Guilty and Convicted of no less Crime than High Treason railing against and villifying the Grand Jury for doing otherwise After a full hearing of all that the Witnesses had to say the Jury thought themselves obliged to return an Ignoramus upon the Bill which occasioned a general joy and satisfaction as plainly appeared by the many Bone-fires which were that Night made almost in every Street and at several Country Towns upon hearing the News thereof The Earl being thus cleared by the Grand Jury moved to be discharged but could not obtain it till 13 of Feb. following and then both he and several others who were Prisoners upon the account of this imaginary Plot were released And having thus gained his Liberty she Arrested several persons whereof some of them were Evidences against him in an Action of Conspiracy and one Cradock and others in an Action of Scandalum Magnatum but was not able to bring any of them to a Tryal For on the 4th of May being the first day of the Term Cradock whose Tryal was expected to be brought on first moved by his Council that the Tryal might not be in London or Middlesex but in some other Country upon which motion the Court ordered That on the Fryday following the Earl should shew cause why it should not be Tryed in another Country Accordingly his Lordship appeared in Court himself and Declared it was his desire to have it Tryed by an indifferent Jury but only desired to have it Tryed that Term by a Middlesex Jury asserting That an indifferent Jury might as well be had there as in any Country in England On the 12th the like motion was made in the behalf of Graham whereupon his Lordship finding he could not have it tryed in London and not willing it should be tryed in any other County in regard an Address of Abhorrence against a certain Paper said to be found in his Lordships Closet importing an Association was preferr'd in most Counties declared That since he could not have the undoubted Priviledge of a Peer to lay his Action in any County in England he would remit it at present and wait till he had a better opportunity to revive it After this his Lordship continued at his house in Aldersgate-street until the _____ November following and then he went over to Holland The Seas were somewhat Tempestuous and some who went over in company with the same Ship were cast away but the Providence of God ordered That to save his life which is often the loss of others viz. An unskilful Pilot who being not well acquainted with the Haven and withal somewhat timerous would not be perswaded to venture in till he had a calmer Sea As soon as he arrived and was known he was visited by some of the States and others of the greatest Quality who welcomed him into that Country and Congratulated his having so happily escaped the danger of the Seas The Earl not long after his Arrival took a spacious House in Amsterdam where he intended to reside he was to pay for it a yearly Rent of an Hundred and fifty pounds per annum but before the House was furnished and fitted for his use his usual Destemper the Gout seized him and handled him with great violence for somedays and then it began to wear away and the Earl was indifferently recovered but suddenly and unexpectedly returning again and getting into his Stomach he fell into a dangerous Relapse which proved mortal and terminated in his Death He discovered in the time of his Sickness abundance of patience and an admirable temper of mind yielding an intire submission to the Divine Will and solacing his Soul in the Contemplation of that Transcending Glory and Happiness whereinto he was passing and wherein he should for ever remain free from the Malice of ambitious and aspiring Favourites and secure from the fatal Consequence of the poysonous and infectious Breaths of all mereinary Villains He expired in the Arms of a Reverend Divine and will certainly prove as great and as universal a Loss as has happened to England in many years He died at Amsterdam January 21. 1682. Or rather like the fairest Fruit which being ripened by Nature and arrived at its perfect Maturity falls of its own accord So this Nobleman being arrived at a full Age was with the more facility and ease shaken down by Death and glided into the Grave without compulsion in the Sixty second year of his Age during the time of his Sickness he was frequently visited by several Persons of Quality and some Lords of the States and others who did not visit him in person sent often to see him and enquire of his Condition and when he was dead many of the States and divers other Gentlemen put themselves into Mourning and ordered that his Corps should be exempted from all Toll Fees and Customs in every place it should be carried thorow within their Dominions in order to its passage to England His Body was first wrapp'd in Sear-cloath and then in Lead all but his Head and Face whereon he had nothing save one of the Perrywigs he used to wear in his Life-time and in that manner he was laid in a rich Coffin in the stead whereof just over the Earl's Face was placed a Crystal Glass whereby every one that pleased might view his Face which to the admiration of all that saw it appeared as fresh and beautiful as when he was living nor was there any considerable alteration to be discerned therein The Ship which Transported him to England was hung with Mourning and adorned with mournful Streamers and Escuchions and