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
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
drawing near the Members from all parts repaired thither and apprehending themselves in danger of being exposed in a place so remote from London to the Insolency of the Papists upon the account of that Vigilency and Courage wherewith they had prosecuted the Popish Plot in former Parliaments they appeared there with a Guard some of them being accompanied thither by their Tenants and Neighbours some by the Freeholders by whom they were chosen and many of them only by their own Domisticks And to say the Truth the whole number was so inconsiderable that it served rather for Ornament than Strength and could have afforded but little assistance if the Papists had made an assault upon them as was feared Going thus attended to Parliaments holden at places remote from the Royal City hath alwaies been usual and customary and accounted not only honest but desent and honourable too especially in times of difficulty and danger when not only a Suspition but unquestionable Evidence and undeniable Proof of a design to destroy the King murther His Subjects and subvert the Government renders it foolish and unsafe to do otherwise least thereby the innocent and unwary expose themselves to the insolence and fury of their stronger Adversaries But notwithstanding this antient and laudable Custom it was looked upon at this time as an ill thing and great improvement made thereof towards the effecting what had been formerly so often unsuccessfully attempted as will appear by the sequel of this History The King having made preparations for His Journey to Oxford went first to Windsor and from thence to the University being met upon the Border of the County by the High Sherift and his Attendance and at Wbateby by the Lord Norris Lord Lieutenant of the County with a great Train of Gentry and the two Troops of the County Militia who conducted him to the East-Gate of the City where he was received by the Mayor and the rest of the Magistrates and welcomed by the Recorder in an elegant and florid Oration Then the Mayor presented him with the Mace Sword which being return'd again the Mayor attended with the Aldermen and Recorder carried the Mace before His Majesty to Christ Colledge-Gate from whence the King passing to His Lodgings which were prepared for him in the Colledge was received by the Bishop and welcomed in a Latin Speech which he made on his Knees And the next morning His Majesty was attended by the Vice-Chancellor the Orator and the rest of the Officers belonging to the University The Orator making a Speech to the King in Latin and to the Queen in English His Lordship and divers other persons imitated those of other parts and went to Oxford accompanied likewise with several persons of their Neighbours and Acquaintance who Innocently offered to wait on them some part of the way and others throughout to Oxford On the 21st the Parliament met at the Convocation House The King told them he had not parted with His last House of Commons had it not been for their unwarrantable proceedings he commended to them the prosecution of the Plot c. Having ended his Speech the Commons returned to their House to chuse themselves a Speaker and unanimously made choice of Mr. Williams who had been Speaker of the former Parliament the choise being over they presented him to His Majesty and the Speaker Addressing himself to the King acquainted Him That the Commons according to His Majesties command had proceeded to choose them a Speaker and to shew that they were not given to change they had chosen him and that he did according to their command prostrate himself at His Majesties Feet to receive his pleasure with a Head and Heart full of Loyalty to His Sacred Person Armed with a settled Resolution never to depart from His antient and well settled Government The King having approved of the choice and confirmed him for Speaker the Commons withdrew and repaired to their own House and settled Elections c. On the 25th they entered upon the consideration of the Matter relating to the Bill which had passed both Houses in the last Parliament for repeal of the Act of the 35th of Elizabeth but was not tendred to His Majesty for the Royal Assent and resolved that a Messenger should be sent to the Lords to desire a Conference thereupon Another Message was also ordered to be sent to the Lords to put them in mind that they had formerly by their Speaker demanded judgment of High Treason at their Bar against the Earl of Danby and therefore desired them to appoint a day to give judgment against him upon their Impeachment The Impeachment of Fitz-Harris was next entered upon in order whereunto his Examination being-read in the House they ordered it to be Printed and that Fitz-Harris should be impeached at the Lords Bar and a Committee appointed to draw up Articles against him The House ordered Sir Lionel Jenkins to carry up the Impeachment to the Lords which he at first refused but perceiving the Commons were ready to proceed against him for that Contempt he complied and went up and impeached Fitz-Harris at the Bar of the Lords House in the Name of the Commons and People of England The Impeachment of Fitz-Harris being thus delivered to the Lords they rejected it whereupon his Lordship and Eighteen Peers entered their Proestation against their throwing of it out The Commons likewise Voted it to be illegal and the next Morning March 28th His Majesty sent for them into the House of Lords and told them that their beginnings had been such that he could expect no good of this Parliament and therefore thought fit to Dissolve them and accordingly the Chancellor by the Kings Command Declared the Parliament Dissolv'd By this unexpected and suddain Dissolution a final conclusion was put to all their Debates and all their further examinations of and prosecuting the Popish Plot was terminated by a full Point The Parliament being thus Dissolv'd the King took Coach immediately and departed to Windsor the same day and after a few hoursstay returned to Whitehall and the Earl likewise returned to London having first left as a mark of his magnificence and bounty a piece of Plate to Baliol Colledge With this Parliament we may conclude the Active part of his Lordships Life for about that time the Scene alter'd and he becomes only passive in the remainder of his Life in relating the Storms whereof I am fallen into such a Laborinth of Plots Sham-Plots misterious Intreagues Subornations and Perjuries and confident Affirmations of moral Impossibilities as no Age ever produced or History can parallel so that it cannot be expected I should Write an exact History thereof but the Reader must be content to let it remain as a considerable part of the Mystery of Iniquity until such time as he to whom all things are open and naked shall bless the World with a full and clear discovery of the secret But as a commical Prologue to the intended Tragedy
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
Council who argued very learnedly that the passing an Act by the Kings Royal Assent can not make a Session because the usual Promise was not in it It was without any instruction of mine that he mentioned that Point The Kings Council tells your Lordships of the Laws and Customs of Parliaments and if this were so I should submit but this Case of mine is primae impressionis and is a new way such as neither Mr. Attorney nor Mr. Solicitor can shew any President of and I have no other remedy or place to apply my self to than the way I take Mr. Attorney confesseth that the Kings Pleasure may Release me without the Lords if so this Court is Coram Rege This is the proper place to determine the Kings Pleasure This Court will and ought to judge of an Act of Parliament null and void if it be against Magna Charta much more may judge an order of the House that is put in Execution to deprive any Subject of his Liberty And if this Order or Commitment be a Judgment as the King's Council affirms then it is out of the Lords hands and properly before your Lordships as much as the Acts which were lately passed which I presume you will not refuse to Judge of notwithstanding Mr. Attorney General saith this Parliament is yet in being yet I take it something ill that he tells me I might have applied elsewhere My Lords they speak much of the custom of Parliament but I do affirm there is no custom of Parliament that ever their own Members should be put out of their own power and the inconveniences will be endless Mr. Attorney was pleased easily to ansiver the Objection of one of my Council if a great Minister be so committed he hath the Cure of a Pardon a Prorogation or a Dissolution But if the Case should be put why forty Members or a greater number may not as well be taken away without Remedy in any of the King's Courts he will not so easily answer And if there can be no relief in this Case no Man can foresee what will be hereafter I desire your Lordships well to consider what Rule you make in my Case for it will be a president that may in future Ages concern every Man in England My Lord Mr. Attorney saith you either can release or remand me I differ from him in that Opinion I do not insist upon a Release I have been a Prisoner above five Months already and came hither of necessity having no other way to get my Liberty and therefore am very willing to tender your Lordship Bail which are in or near the Court as good as any are in England either for their Estate or Quality and I am ready to give any sum or member My Lords this Court being now possest of this business I am now your Prisoner The Court having heard all that could be said pro and con on both sides delivered their Opinions Seriatim one of the Judges indeed was not there in Person but he adventured hower to shew the exactness of his Justice to depute Judge Jones to speak for him when it came to his turn and declare although he had not heard what his Lordships Council or himself could say that it was his Opinion his Lordship ought to be remanded and the rest of the Court unanimously concurring with the Opinion of their absent Brother he was by them remanded back again to the Tower according And thus his Lordship being denied redress in the Court of Kings-Bench remained a Prisoner in the Tower until the February following and then on the fourteenth of that Month the Parliament being then sitting he presented a Petition to the House of Lords wherein he makes a very humble submission both to His Majesty and the House of Peers but they objecting against the Petitions he had presented to His Majesty as not having made a satisfactory acknowledgment of his Crimes after some debate rejected this Petition Whereupon the weak condition he was then brought into by his confinement requiring speedy enlargement he presented another Petition to His Majesty and likewise to the House of Lords in both which he renued his Supplication to be released from his imprisonment And not only acknowledged with all humble submission That his endeavouring to maintain the Parliaments being Dissolv'd was an ill advised Action and so must every Man acknowledg who will strive in vain to sail against Wind and Tide but in the most submissive Terms assured them that he was ready to make what further acknowledgment and submission they should require and that in the way and manner too which they should please to direct yet unfortunate Earl he could not obtain his Liberty upon these Terms neither another pretence being then laid hold on for the prolonging his Imprisonment Which was the horrid Crime of endeavouring his enlargment by applying himself to the Court of Kings-Bench in order to his being admitted to Bail And yet a certain Gentleman in the World who had at that time a mighty influence upon Affairs and improved this imaginary fault as much as possible to the prejudice of the Earl hath since that time been himself guilty of the supposed Crime And not only so but hath rendred himself also more pertinacious therein by his reiterated applications to that Court to take Bail for him His Lordships Second Petition to the House of Lords was as follows To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled The humble Petition of Anthony Earl of SHAFTSBVRY Sheweth THat your Petitioner on the 16th of February 1676. was committed Prisoner to the Tower of London by your Lordships because he did not obey your Lordships Order where he hath continued in close confinement to the great decay of his Health and danger of his Life as well as prejudice of his Estate and Family In all humble Obedience therefore unto your Lordships he doth acknowledge That his endeavouring to maintain that this Parliament is Dissolved was an ill advised Action for which he humbly begs the Pardon of the King's Majesty and of this most Honourable House and doth in all humble Duty and Observance to your Lordships beseech you to believe that he would not do any thing willingly to incur your displeasure Wherefore your Petitioner in all humble Duty and Obedience both to His Majesty and your Lordships hath made his humble submission and acknowledgment in his most humble Petition unto the Kings most Sacred Majesty and is ready to make his further submission to His Majesty and this Honourable House according to the direction thereof And he doth most humbly implore your Lordships that you will be pleased to restore him to your favour and discharge him from his Imprisonment And your Petitioner c. SHAFTSBVRY THis Petition being read the Lord Chancellor acquainted the House that His Majesty had received a Third Petition from the Earl of Shaftsbury more submissive than the two former But His Majesty understanding
acquainted the Conspirators with what he had done who ordered him to go again to the King and desire a Warrant to search Accordingly he went to Mr. Cheffinch and was by him brought to His Majesty whom he earnestly sollicited for a Warrant but His Majesty according to His accustomed wisdom sent him again to Secretary Coventry who being no less suspicious of him now than he was before no Warrant was to be obtained from him wherefore the Conspirators being informed they resolved That having proceeded so far they would not be baffled by one difficulty wherefore they commanded him to repair to some of the Custom-House Officers and pretending to inform them where a considerable quantity of prohibited goods that had been Imported were concealed to procure a Warrant to search which was easily granted and two Officers sent to search the House he first carryed them to his own Room for the better colouring the business and having searched there and found nothing he conducted them into the Colonel's Chamber who was at that time abroad where they did upon his assurance that the goods were in that Room make a thorough search breaking open his Trunks and Boxes and with the exactest scrutiny imaginable examined the very Bed-Clothes but no prohibited goods being to be found they were about to depart when Dangerfield intimating that probably they might be hid behind the Bed they presently removed it about three foot from the Wall but could find nothing whereupon Dangerfield stepping forward looked in and seeing the bundle of Papers lying where he had placed them presently cryed What 's that lies there whereupon one of the Officers taking it down and opening it he presently snatched one of the Papers which was the List of Names some Written at length and others only the two first Letters and cryed Here 's Treason The Searcher opening another and beginning to read therein Dangerfield cryed out again There 's Treason likewise in that Paper against His Majesty wherefore the Papers ought to be all seized and the person who owns them if he were present to be secured perswading them to carry the Papers to some Secretary of State However they knowing better what belonged to their own Office than that of a Justice of the Peace refused so to do but carryed them to their own Masters at the Custom-House whereof he informed the Conspirators who fearing least by that means their Design might be spoiled and their hopes frustrated ordered him to go forthwith and tell the King the manner how he had caused the Papers to be seized which he did and His Majesty sent him to call Mr. Secretary Coventry to give some order about it which done he returned and acquainted Mrs. Cellier and the Countess what he had done and that he had the Honour to be in a Room alone with His Majesty Oh! what an opportunity have you lost saies one and how bravely might he have killed the King saies the other if he had been provided And yet these vile Miscreants who could lament Dangerfields not perpetrating so horrid a Crime have the impudence to call themselves Loyalists and are notwithstanding their disloyal Principles and Practices believed to be so by some persons in the World whose pretences to Loyalty and the Protestant Religion made people except other things from them Mrs. Harris being surprised at the finding Treasonable Papers in her House presently went in search of the Colonel and having found him acquainted him with what had happened perswading him to take Lodgings in the City and promised to send his things to him if he would do so but he rejected her advice as pernicious and proceeding only from a Feminine simplicity and timerousness since his so doing would have been censured as a slight and that would have argued Guilt and his personal Guilt would have involved hundreds of other innocent persons in the same Condemnation Wherefore being assured of his own Loyalty and Innocence he went to the Custom-House to know by what Authority his Box was seized and what was become of those Papers which were pertended to be found in his Chamber and was answered That they were all returned to his Lodging again whereupon getting together the Officers of the Custom-House the Master and Mistriss of the House and what other persons were present at the seizure Justice Warcup took their Depositions and found upon the whole matter that it was a malicious Design to involve a great number of Innocent persons in the Guilt of Treason and Rebellion against His Majesty whereupon he made out a Warrant for apprehending him which being delivered to a Constable they went along with him to Mrs. Celliers where he then and the St. Omers Novices formerly had Lodged there the Constable and Warrant found him When he understood their business he exclaimed against Mansel crying out It was his doing thinking thereby to shuffle off his own Guilt but it should not do for he had been that day with the King himself and with Mr. Secretary Coventry and had acquainted them with the business And before he gets home saies he there will be inquiry made for him at his Lodging Well saies the Justice your Hectoring will not serve your turn if you will give security to appear at the Council-Board by Nine of the Clock to Morrow Morning we will give you no more trouble at this time but if not you must go to Prison Whereupon Cellier and her Son-in-Law entered into Recognizance for his appearance at the Council the next day which he did accordingly but as ill luck would have it he unfortunately met with a most unhappy and mischevious accident for as he was going down the Council Stairs he met with Mr. Do'iley an Officer belonging to the Mint who knew him and had formerly prosecuted him for uttering false Guinneys whereupon being conscious of his Guilt and fearing that the Gentleman would undoubtedly have discovered it to the King and Council and thereby have ruined his Credit and spoil the hopeful Design he was carrying on He began without any kind of provocation to Curse and Damn him demanding what he had to say to him and swearing That if he had him out of the Court he would cut his Crown and threatned that when he met him in a convenient place he would revenge the injury Whereat Do'iley being very much surprized and seeing Sir Francis North Lord Chief Justice of the Common Pleas just going to the Council he being one of the Members thereof and as providence ordered came so opportunely as to hear the words that passed between them he steps to him and acquaints him with Dangerfield's Character and complained of the abuse he had then received from him as soon as his Lordship came into the Council Chamber he acquainted His Majesty and the Council therewith who thereupon sent Justice Walcup and ordered him to take Do'ley's depositions concerning Dangerfield ordering moreover a Messenger to take him into Custody which was presently done and he was carryed
And that for the second time he had received His Majesties Gracious Pardon wherefore he hoped those Matters would not be remembred against him now to the prejudice of his Evidence The Earl of Essex demanded of him who had sollicited His Majesty for his Pardon he answered Captain Richardson then his Boy Witnessed that he had Lodged at Powis's House and had been several times at the Lord Powis's Lodgings at the Tower That he had several times sent him with Letters and other Papers to the Lord Powis and that he had brought him back Answers That the Lady Powis had been several times at Mrs. Celliers during the time that Dangerfield Lodged there and particularly on the Saturday was seven night before when she was alone with him in a Room in private discourse about half an hour Then the Lord Chancellor asked him whether he had ever been with the Earl of Shaftsbury to which he replyed He had been several times with his Lordship and had discoursed with him repeating some of those things which had passed between them You are in the mean time saies the Chancellor a fine Fellow to come first to the King then to the Lord Powis and from thence to the Earl of Shaftsburys and discover to one what discourse you had with the other and go with one Story to the Earl of Shaftsbury and bring another to the Council And indeed the business appeared so plain to the Board that they committed him to Newgate by the following Warrant THese are in His Majesties Name to require you to 〈◊〉 into your Custody the person of Thomas Willoughby which was the Name he then went by herewith sent you for forgng Letters importing High Treason and fixing the same privately at Mr. Mansel's Chamber to render him Guilty thereof without cause And you are to keep him safe till he shall be delivered by due course of Law for which this shall be your Warrant Council-Chamber Whitehall October 27th 1679. To the Keeper of Newgate or his Deputy ANd now the wickedness which had hitherto hovered in the Dark Cavernes began to be more and more exposed for Mrs. Celliers House being searched the whole Scheam of their Villanies was found hid in a Tub of Meal they having assured themselves that none would be so scrutinous as to to search there whereupon she was apprehended and being examined concerning Mr. Dangerfield she said she had entertained him upon no other account than to get in desperate Debts However being sent to the Gate-House she presently dispatcht away a Paper to him telling him That now her Life lay in his hands and therefore directed him to confirm what she had said That he was taken into her House only to get in bad Debts c. sending him withal Twenty Shillings in Silver and a Guinney and two Books of Account that so he might Conover and be perfect in his Lesson But taking Caution by the unfortunate Mr. Coleman he resolved not to throw away his Life as he had done nor patiently consent to be Hanged to please the Conspirators Wherefore he made a full discovery of the whole Matter upon Oath before Sir Robert Clayton then Lord Mayor of London whereupon Sir Robert repaired to Whitehall and gave an account thereof to His Majesty who presently sent it to the Council and Dangerfield was thereupon by order of Council brought before them and was further examined by their Lordships who thereupon committed the Earl of Castlemain to the Tower Mr. Gadbury to the Gate-house Mrs. Cellier and Mr. Regaut to Newgate and the Countess and others into the Custody of His Majesties Messengers and the whole Design was at several times undeniably proved before them by innumerably concurring Circumstances and substantial Evidences and the Conspirators themselves confest the greatest part of it to be true But yet hoping to make the best of it and turn it off to the Lord Shaftsbury and the rest of the Protestants whose ruin they thirsted for their Oracle Gadbury pretended to make some great discovery in case His Majesty would grant him his Pardon which he Graciously promised to do But his Lordship hearing thereof and suspecting that those who had endeavoured to ruin him by a Plot to charge him with Treason and had failed of accomplishing it that way would not scruple at attempting to attain their end by false and feigned discoveries thereof desired that no Pardon might pass the Seal for Gadbury until he had first been heard in Council whereby he wisely prevented that mischief which was supposed to be designed against his Lordship by that Jesuited Star-gazing Caballistical Whiffler That which confirmed most men in their Opinion that he had some design against the Earl was this That although he did shortly after receive the King 's Gracious Pardon yet no discovery made by him was ever heard of to this day But these things were scarce over when another design to murther him is discovered by Francisco de Feria who deposed at the Bar of the House of Commons that being prefered to be Interpreter and Secretary of Languages to the Lord Gasper Abrew de Freitas Ambassador in Ordinary from the Prince of Portugal to the King of England The Ambassador perswaded him to kill the Earl of Shaftsbury by throwing a hand-Granado into his Coach which he said was easie to be done when his Lordship was travelling upon the Road into the Country which he did often What an heroick and magnanimous Soul must he then be master of that could so bravely bare up against all those boisterous Storms and continual Tempests which were perpetually raised against him by the art and malice of the Popish Crew And that notwithstanding those innumerable difficulties and dangers wherewith he was always surrounded and which still threatned his ruine the simple consideration of his own Innocence and Loyalty was able to maintain an undisturbed quiet and a perpetual Serenity within him But however these frequent disappointments inraged yet it did not discourage them from further Attempts against his Life and Honour but rather added to their fury and encreased their desire of revenge The next endeavour therefore to prove that he the Earl of Essex and the Lord Wharton had assisted Oates Tongue and Bedloe in contriving the Popish Plot. To which purpose they corrupted Mr. Blood and prevailed with him to write a treasonable Letter to Oates and then cause the Doctor 's Papers to be searched and rummaged in hope to find it there and so to prove him to be a Confederate with his Lordship and other Protestant Nobles But the Doctor sent the Letter to Sir Joseph Williamson then Secretary of State and thereby spoiled that Design whereupon they sent one Lewis to his Lordship to desire he would send by him the said Lewis some Directions to Dr. Oates under his Lordship 's own hand-writing how he should manage himself in reference to the Plot but the Earl absolutely denied to have any thing to do therewith And having failed in