RAWLEIGH Redivivus OR THE Life Death OF THE Right Honourable ANTHONY Late EARL of SHAFTSBURY Humbly Dedicated to the Protesting Lords By Philanax Misopappas Virtuti Pompeij quae potest Par Oratio inveniri Cicero LONDON Printed for Thomas Malthus at the Sun in the Poultrey 1683. TO THE Most Illustrious and High-born Prince James Duke of Monmouth And to the Right Honourable Anthony Earl of Kent Theophilus Earl of Huntington William Earl of Bedford James Earl of Salisbury Gilbert Earl of Clare Thomas Earl of Stamford Robert Earl of Sunderland Arthur Earl of Essex Charles Earl of Macklesfield Charles Viscount Mordant Philip Lord Wharton William Lord Pagett Ford Lord Grey of Wark John Lord Lovelace Henry Lord Herbert of Cherbury Charles Lord Cornwallis Thomas Lord Crew Who enter'd their Protestation against the Lords rejecting the Impeachment of Edward Fitz-Harris and generously asserted the Commons Right to Impeach any Subject whatsoever Great Sirs THe following Tract humbly offered to your Lordships and for which the Author implores your Patronage is a brief but yet true and impartial History of the Life and Policies the Rise and Fortunes Troubles and Exit of the late Earl of Shaftsbury whose great Actions constant Loyalty and successful Councils certainly are worthy the transmitting to Posterity for whose sake as well as the vindicating his Name and Honour from the bold and confident although ridiculous and groundless Calumnies wherewith the Roman Achitophels have maliciously aspersed him I have endeavour'd to Decipher him and draw his Image according to the best of my skill although infinitely below his Deserts which justly merit the being pourtray'd by a more skilful hand and one whose extraordinary acquirements and admirable proficiency in Politicks renders capable of representing his Lordships wonderful Parts and Abilities in the most apt and lively Touches Especially in regard the malice of 〈…〉 hath somewhat 〈◊〉 his best Feature and unâ—â—â—fully sullyed the most Beautiful and Loyalest of his Actions My Lds. It was the extraordinary Endowments wherewith this Earl was inrich'd that drew upon him so much Envy and swell'd his Adversaries to such an heighth of Malice and Fury fearing lest he might prove their Rival and acquire a greater Interest in the Favour of his Soveraign then they were willing he should Or else it was his imitation of the magnanimous Roman who being Commanded by the Emperor to forbear coming to the Senate and threaten'd with Imprisonment if he presumed to appear in that Assembly boldly answer'd You may do as you will but I must do as I ought Nor had ever any Man larger Experience then his Lordship of the truth and reality of what the famous Sir Walter Raleigh so long since wisely observed That he who follows Truth too near at the Heels may have his Teeth struch out thereby and that he who goes after her oft loseth her sight and himself too Most Noble Patriots I acknowledge that it is no small persecution of your Illustrious Greatness to be thus troubled with the impertinent Address of one so much below you And am very sensible that the Generosity and good Nature of persons who like your selves shine with Glory and Splendor in a superiour Orb frequently draw upon them unnecessary and needless Dedications And therefore I should not have been guilty of presuming to six your Honourable Names to any trifle of mine had not the nature of the thing laid a kind of necessity upon me and furnished me with an unanswerable Argument and sufficient Apology for so doing May it please your Lordships You are all under the same Circumstances and you have like him adventur'd to stem the Stream and dared to be Virtuous when to be wicked and debauch'd is in Fashion And have presumed to be Loyal under the disadvantage of exposing your selves thereby to the malice and rage of a sort of Men who with an Hellish Industry have long endeavour'd to Metamorphise your very Virtues into Vices and Transubstantiate your Loyalty into a Crime You have with a firm resolution and undaunted courage opposed in the very face of danger the ambitious and growing designs of a bloody and malicious Crew who have Burned our City Assassinated our Magistrates Forged Shame Blots and invented Meal-Tub Conspiracies to ruine our Nobility and Gentry And if Divine Goodness had not protected us and disappointed them would have murther'd our Soveraign Massacred our Persons Extirpated our Religion Plunder'd our Houses seized our Estates trampled upon our Laws inslaved our Wives and Children and subjected our Posterity to a Bondage infinitely worse then that of Egypt And whatsoever is Sacred and Dear to us as English Men or Christians must have been sacrific'd to their Revenge for the satiating whereof and to give vent to their fury they would have turn'd the Paradise of the World into an Acheldama And moreover my Lords his Enemies are your Enemies his Reproaches are all directed at and centre in You. You were all to be involved in the same Guilt and made Parties in the same pretended Conspiracy And You were by an imaginary Power derived from that Infallible Fop the Pope all condemned to the same Fate in the secret Consults and private Cabals of Rome as appears by the Scheme found in the Meal-Tub and afterwards more fully discovered by Mr. Dangerfield Nor is it unworthy Your consideration that the time when that cursed Conspiracy was hatching and some Circumstances in the management thereof renders it not altogether improbable that it derived its Original from and was ingaged in upon the success of a certain Story upon the account whereof the greatest of You stands at this day strip'd of all Your Honorary Places But that which further encourag'd me to make this Address to Your Lordships was Your being his intimate Acquaintance and constant Companions his familiar Friends and only Associates with whom he maintained an exact Correspondence and almost daily conversed withal whereby You must necessarily be better acquainted with and have a clearer prospect of the Principles and Temper Designs and Inclinations of his Lordship than any of his detractors can possibly pretend to since many of them never had any personal knowledge of and much less intimate Acquaintance with him and most of them never saw him in their Lives Nor have many of his Accusers notwithstanding their formal and confident charging him with Treason ever born a Part or made a Figure large enough in the World to procure them admittance to his Person or imbolden them to appear in his presence or so much as exchange two words with him in their whole Lives You know his Loyal Behaviour towards and constant cleaving to the Interest of his Soveraign and are surviving Testimonies of the extraordinary Reverence and profound Veneration wherewith he always made mention of His Majesty whensoever you had occasion to speak of him in Your publick or private Discourses nor can You have forgotten his frequent lamenting his own unhappiness in being so strangely mis-represented
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
thrown down or some such like ominous accident had happened and with abundance of earnestness renewed the motion for calling the Duke to the Bar but there were too many Lords between for that motion to succeed and advice was brought every moment from the House of Commons that the things was yet in agitation among them which gave his Lordship an opportunity to appear with extraordinary vigour in defence of the Duke's Person and his Proposal so that the Earl seem'd more properly another Principle than the Duke's Second Whereupon the Lord Chancellor therefore undertook on the contrary to make the Prorogation look very formidable laying the best colour upon it and the worst upon his Opponants Thus for five or six hours it grew to be a fixed Debate many arguing it on both sides in a regular method until they received the welcome News that the Commons were risen without doing any thing whereupon the greater number called for the Question and had it in the affirmative that the Debate should be laid aside And thus being flasht but not satisfied with their Victory they fell desperately upon them who had affirmed the dissolution the same night and the next day voted his Lordship with the Duke of Buckingham the Earl of Salisbury and the Lord Wharton to be commited to the Tower under the Notion of Contempt during his Majesties and the Houses pleasures The Contempt for which they were committed was their refusing to recant their Opinions and ask pardon of the King and the House of Lords notwithstanding the liberty and freedom of Speech which His Majesty verbally and of course allows them at the opening of every Parliament The Warrant for the committing his Lordship together with the Earl of Salisbury and the Lord Wharton ran Thus ORdered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of his Majesties Tower of London his Deputies shall reserve the Bodies of James Earl of Salisbury Anthony Earl of Shaftsbury and Philip Lord Wharton Members of this House and keep them in safe Custody within the said Tower during his Majesties Pleasure and the Pleasure of this House for their high Contempts committed against this House And this shall be your sufficient Warrant on that behalf J. Brown Cler. Par. To the Constable of the Tower THE four Lords continued in the Tower so long that the Parliament was several times Adjourned during their Confinement which his Lordship bore with abundance of patience and incredible chearfulness considering the many weaknesses and infirmities of Body he then laboured under They expected to have been Released at least of course by Prorogation but Adjournments was so much in use at that time that it made them despair of being releived that way wherefore finding no end of their Captivity they looked upon the procuring their Liberty to deserve as much care as others took to retain them in durance to which end they each of them chose the method he judged most proper The Duke of Buckingham the Earl of Salisbury and the Lord Wharton upon their application to His Majesty by a Petition were enlarged But Shaftsbury could not come off so for having made his Addresses to His Majesty in an humble Petition to be restored to his Liberty and the Favour of his Majesty he found the Royal Earl deaf to his Sute and no relief to be obtained that way Whereupon his Lordship applied himself to the Court of Kings-Bench the constant Residence of His Majesties Justice whether he was brought Wednesday Jan. 27. 1677. upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower and there being some dispute about the sufficiency of the Return his Council prays to have the Return filled and Friday appointed to debate the sufficiency of it which being granted the Earl was re-manded back again unto the Tower On Friday morning his Lordship was brought up again and then the Case was strongly and learnedly argued on both sides and after the discussing the Point about the sufficiency of the Return then Mr. Williams Mr. Wallop and Mr. Smith who were Council for his Lordship gave divers weighty Reasons in the Earls behalf that the Court might and ought to relieve him The Attorney and Solicitor Generals argued the contrary shewing divers Causes why that Court could not relieve a person committed by Parliament So soon as they had done the Earl stood up and in an Elegant Speech spake for himself and directing him self to the Court delivered himself to this Effect MY LORDS I Did not intend to have spoken one word in this business but something hath been objected and laid to my charge by the Kings Council Mr. Attorney and Mr. Solicitor that inforces me to say something for your better satisfaction They have told you that my Council in their Arguments said That this Court was greater than the House of Peers which I dare to appeal to your Lordships and the whole Court that it was never spoken by them I am sure it was not spoken by any direction of mine What is done by my Council and by me is That this Court is the most proper place to resort unto in those Cases where the Liberty of the Subject is concerned The Lords House is the Supream Court of Judicature in the Kingdom but yet there is a Jurisdiction which the Lords House do not meddle with The Kings Council mentioned as a wonder that a Member of the Lords House should come hither and thereby diminish the Jurisdiction of that Court I acknowledg them to be superiour to this or any Court in England To whom all Appeals and Writs of Error are brought and yet there is a Jurisdiction that they do not challenge and which is not natural to them or proper for them They claim not to meddle in Original Cases and so I might mention in other things And I do not think it a kindness to any Power or Body of Men to give them a Power or Jurisdiction which is not natural or proper to their Constitutions I do not think it would be any kindness to the Lords to make them absolute and above the Law for so I humbly conceive this must do if it be adjudged that they by a general Warrant or without any particular Cause assigned do commit me or any man to a perpetual and indefinite Imprisonment And my Lords I am not so inconsiderable a person but what you do in my Case must be Law for every man in England Mr. Attorney is pleased to say I am a Member of the Lords House and to lay wait on the word Member It 's true I am one of them and no man hath a greater reverence and esteem for the Lords than my self But I hope my being a Peer or a Member of either House shall not lose my priviledg of being an English-man or make me to have the less Title to Magna Charta or the other Laws of English Liberty My Opinion is not with one of my
the most dexterous and probable means of putting the Design in execution and secure the payment of the 500 l. All things being thus agreed on the Lord P s took him by the hand and wished him good success And to render him the more pliable and active in this designed Tragady he was sent first to the Lord Castlemain then to Sharp the Priest and last of all to Jack Gadbury the Fortune-Teller by all whom he was severely scoulded for not complying with the Popish Lords in their command to kill the King insolently upbraiding him with horrid ingratitude in refusing to perform that for which he was taken out of Prison and maintained in so much splendour ever since Hoping that this chiding might raise in him a magnanimous Resolution to regain the Credit he had lost by that refusal by a Resolute perpetrating the Murther of his Lordship Dangerfield being thus prepared on the Sunday following Regaut came to Mrs. Celliers and having first dined together he gave him general directions how to accomplish the Murder demanding how he would order the Mony to be paid when he had performed the enterprise telling him that if he pleased it should be brought in Guinneys and lest with Mrs. Cellier for him but he disliking the way desired That when Regaut heard that the Lord Shaftsbury was Dead and should receive a Note from him that then he would immediately pay the Mony for his use which he promised should be done accordingly But ordered him to attend on Sharp and some others for more particular instructions how to Act this Tragedy He attended upon them several times before they could resolve what method he should take However to prevent his flaging he was commanded by the Conspirators to repair to Knowles the Priest to confess and receive the Sacrament which he did at Knowles's Lodging at a Coffe-House in White-fryars from whom he received some directions how to proceed in the Murther but Dangerfield telling him that they were silly and impractable Knowles sent him to the Lady Abergaveny telling him that she was a Witty Lady and had some Correspondence with the Lord Shaftsbury and therefore was the more capable of advising him Wherefore he presently repared to her Lodgings at the House of Mr. Grissin in great Lincolns-Inn Fields where he found easie admittance into her Ladyships Chamber upon sending in word that he came from Knowles So soon as he entered he acquainted her who he was and the business he waited upon her Ladyship about Sir said she I have received a very good Character of you and therefore think my self obliged to return you thanks for the extraordinary diligence wherewith you have managed our business hitherto and I hope you will proceed with the like care until you have finished what you have so well begun As for the taking the Earl of Shaftsbury out of the way it 's a thing of no difficulty it being altogether as easie to kill him as to kill a Bird on a Tree Pray Madam which way shall I do it with so much 〈◊〉 and ease said Dangerfield why several waies replyed the Lady it may be done but I would have you pretend to Cure the Gout and my Lord being troubled with that Distemper I will recommend you to him under that pretence whereby you will easily gain admittance which having obtained you must watch your opportunity to dispatch him From thence Dangerfield went to P s's House and acquainted the Countess where he had been and the several waies which had been proposed by Knowles and others for the Murthering the Earl of Shaftsbury but more especially the Ladys Project as being the more likely way to succeed To which the Countess replyed It was but a silly contrivance yet peradventure it might do However she gave him no order to proceed thereon as yet But resolving if possible to make sure work they obliged him to charge his Lordship with Treason by making him one of the Protestant Peers whom they intended to charge with a Conspiracy against the Kings Crown and Life that so if they failed of Murthering him with their hands they might however destroy him with their breath To which purpose his name was inrolled in that List which was found in the Meal-Tub and gave the first light into their Plot which was more fully discovered by Dangerfield's miscarrying in the chief part of their Conspiracy Viz. placing the Treasonable Papers in Collonel Manse's Chamber whereby all was spoiled for that time And Dangerfield being to wait on His Majesty to give him an account of this pretended Plot the Countess of P s gave him directions to lay all the Burthen he could upon the Presbyterians in general but more especially upon His Grace the Duke of Monmouth the Earl of Shaftsbury Lord Grey of Wark Lord Howard of Escrick the Duke of Buckingham and some others And that he should explain to His Majesty the meaning of the Contents of the several Papers he had presented to the Duke who was the person that introduced him to His Majesty to make this pretended discovery and how the Presbyterians were resolved to use their utmost endeavours for the reducing the present Government and setting up a Common-wealth once more and setling His Grace the Duke of Monmouth therein a likely business and that the Earl of Shaftsbury and other persons of Honour were issuing out Commissions for that purpose and had promised some to several persons And having hereby secured this Design indifferently well as they thought and being now come to a Resolution in what method Dangerfield should attempt his Lordships Life they commanded him to repair to Sharp and confess and receive it being their common custom to make them receive the Sacrament and Introduction to the horridest Villanies and the crafty Priest having first palliated the Murther by urging the necessity of it and the extraordinary advantage that would thereby redound to their Cause and Party and so covered the Crime with a Mantle of Religion that he made it appear meritorious He then proceeded with abundance of Formality and Jesuitical Zeal to Conjure him by all that was good or sacred that he should with all possible speed stab his Lordship so soon as he should receive order from the Popish Lords so to do He promised he would and so the impudent Ecclesiastical Villian dismissed him with abundance of costly benedictions and hearty wishes for the happy success of his enterprizes And a Letter coming for the Lords in the Tower which commanded him to go that very night and put their Resolution of stabing his Lordship in Execution he received instructions not to enter into any discourse with him when he had him alone but after a little Apology for his coming to his Lordship without being sent or introduced by any other person and desiring to know whither if it should sall out to be in his power to serve him he should obtain so much favour of his Lordship as to find his service acceptable
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
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
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