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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A41181 A letter to a person of honour concerning the black box Ferguson, Robert, d. 1714. 1680 (1680) Wing F749; ESTC R29821 9,320 10

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the temptations off fees for Wararnts or Gratuities for connivance at the breach of his Majesties Lawes But my Lord that I may give you the better the History of this Transaction or rather fairce concerning Sir Gilbert Gerrards appearing before the Councel you may be pleased to know that he was sent for by a letter under the hand of my Lord Sunder-land requiring him to come immediately up And because a Miss●ve by the Post might have too much preserved the Priviledg of a Member of Parliament and intimated too great a respect to a Gentlman whose Brother had lost his life for owning his Majesties interest under Oliver Cromwel and himself undergone costly and severe imprisonements there was a Creature stiled a Gentelman Usher ordered to carry the Letter and to bring him to Whit-Hall Now though Sir Gilbert was hardly recovered from a fit of the Stone and remained confined by weakness to his Chamber when these Blades arrived at his House yet he immediately complyed with the message and addressed himself to his Journey with all the expedition he could thereby testifying at once his obedience to his Majestie and the security he enj●yed in his own mind as to his innocency though he knew not what he was sent for Being come to the Court instead of meeting with my Lord Sunderland there was an order left for the conducting him to Mr. Coventry who was then the other Secretary of State though he hath since resinged to Sir Leyonel Ienkins But whereas every rationalman wou●d have apprehended that a Parliament man being seised and brought so far prisoner within the time of priviledg could have been questioned concerning nothing less than a Plot to assasinate the King or a Conspiracy of Levying War against the Government yet all he was interrogated about was if the late Lord of Durham had at any time entrusted him with a Black Box containing a Contract of Marraige between the King and the Duke of Monmouths Mothe● or whether he had seen any such Contract You may easily apprehend that he was not a little surprised after all the fatigue and expence they had put him unto to find himself examined in relation to so ridiculous and Romantick a story However being obliged to make a civil Answer he told the Secretary that he was neither entrusted with such a Box nor had so much as heard of such a Contract Which Reply of Sir Gilbert's being recorded in writing Mr Coventry was pleased to tell him by what Warranty we may possibly know some other time that he was obliged both to subscribe it and to ratify it by an Oath Sir Gilbert being more amazed than before replyed That as he little imagined that he had been sent for upon a business of that nature seeing he knew no reason why his name should be interested in it so he wou'd neither set his Hand to the Answer he had given nor take his Oath to confirm it And indeed he had reason for what he said for how could he know but that this might be a leading Queston to something else for whosoever had invented that fabulous story might with as much truth and with more sence have charged him with some criminal matter Accordingly in stead of contrasting it further with Mr. Coventry he only asked whether he was sent for thither and taken into Custody as a Criminal To which the Secretary is reported to have returned That he had no other directions than to ask him the fore-going Question which he endeavoured by many Arguments to have obtained his Reply unto under Oath But Sir Gilbert wholly declining to swear and representing that he had come a long and tedious Journey whereof he was weary desired to know how he should be disposed of Whereupon he was told that he might go to his Lodging provided he would promise to attend the King and Counsel the Monday following Where having at the time made his appearance he was called in after that the judges had been there a quarter of an hour before 〈◊〉 And then his Majesty 〈◊〉 〈◊〉 to 〈◊〉 him that he was not sent for thither to be charged with any Crime but only to make Oath whether the late Bishop of Durham had not consigned to him a Black Box wherein was contained a Contract of Marriage betwixt his Majesty and the D. of M's Mother To which having replyed as before and withall excused himself from taking any Oath in such cases wherein the Law had not prescribed There were many Arguments used to perswade him and long Harangues representing the mischievous consequences which a doubtful Title might occasion But he insisting upon the Rights of an Englishman namely that he ought not be required to swear but in such Cases as the Law did appoint all the Judges and in conjunction with them my Lord Chancellour gave their Opinion that he was obliged by the Law to take his Oath in a matter of this great moment threatned the Nation which no less than what fell out between the Houses of York and Lancaster Which accordingly he did to the purport already intimated viz. That he knew no such thing as a Black Box nor any thing relating to such a Contract of Marriage as he was then interrogated about Now my Lord I know not how a Gentleman could have carried it with more True Courage and Honour than Sir Gilbert did For as the Opinion of the Judges were to over-rule him as to what was Law so only a Parliament is capable of judging whether they acted consonantly to their Duty And till that happy hour come commend your Lordship to the divine Protection And am London May 15. 1680. My Lord Your most humble Servant
A Letter to a Person of Honour concerning the BLACK BOX My Lord YOu are pleased to command me to give you some account of the Foundation of that Report which hath arrived with you concerning a Black Box and withall to let you know how Sir Gilbert Gerard acquitted himself at his appearance before the King and Councel in reference to that affair As to the first I must crave leave to distinguish betwixt what is material in that business and what is meerly circumstantial and serveth only by way of purad Your Lordship whose conversation hath given you great advantages of knowing the reports of the World in relation to the Kings Marriage with the Duke of Monmouths Mother can easily recollect that there was never so much as a suggestion given out till of late of any such thing as a Black Box nor of a Writing importing a Contract consigned by the late Lord of Durham to the Custody of Sir Gilbert Gerard. And had there been any thing of that consequence committed to and entrusted with him he is both a person of that Honour and Courage as to have dar'd to have own'd and justified it and a Gentleman of that discretion and wisdom that he would ere this have acquainted the Parliament with it to whom both the Cognisance and Decision of a matter of so grand importance do properly belong But in truth the whole referring to the Black Box is a meer Romance purposely invented to sham and ridicule the business of the Marriage which indeed hath no relation to it For they who judg'd it conducible to their present Interest to have the D. of M's Title to the Crown not only discredited but exposed thought it necessary instead of nakedly enquiring whether he be the Kings Legitimate or only Natural Son to bring upon the Stage a circumstance no way annexed with it supposing that this being found a Fable the Marriage it self of the K. with the said Ds. Mother would have undergone the same Censure But by what I do perceive they were mistaken in their measures seeing most men know how to separate what they endeavoured so artificially to have interwoven And all that I can apprehend they are like to get by it is the raising a Devil they will not easily lay For My Lord it is in the first place apparent that the starting of this business is to be wholly ascribed to the Duke of York and those under whose Conduct he regulates himself and his concerns Had any others been the first movers in it you may be sure they would never have ventured it before the Councel as it is now influenced and moulded but they would have waited till the sitting of the Parliament where they might expect nothing but Impartiality and Justice In the second Place The very intimation that any besides the D. of Y. doth so much as pretend a Title to the Crown will operate with many to a belief that it is not without reason that he doth so For the only way to undeceive men in a matter of vain and groundless credulity is to neglect and despise them whereas all endeavours to convince them do but contribute to the strengthening them in their faith What will the People say But that if the D. of M. were not Legitimate Heir would the Papists by whose Inspirations the D. of Y. governs himself so effectually bestir themselves as to desire that an affair of so vast importance and wherein the whole Kingdom is conerned should be judged of by twenty or thirty persons who have neither Legislative nor Iudicial power And in the third Place Should they compass all that they can propose to themselves from the Board yet it would no way advantage the D. of Y. nor give the least prejudice to the D. of M. providing his Claim be just and can be evidenced o be so before the great Representative of the Nation For beyond all peradventure these things howsoever resolved upon and determined at the Councel will be called over again by the Parliament Nor will the Opinion of the Table ballance that great and wise Body to judge otherwise than as their Consciences upon a hearing of the whole matter shall oblige them And of what little significancy the Resolves of the Councel though stamped and enforced with the Authority of a King are to the imposing a Supream Ruler upon the Nation when a Legal Claim lyes in Opposition we are sufficiently instructed by the Instance of Jane Gray though a Lady of those Endowments which few of either sex ever parallel'd and recommended at that time to the Nation by many Enducements and Motives In the fourth Place The method of mannaging this Affair gives us more surprize than all the rest and seems wholly Calculated to Intricate matters rather than clear them For your Lordship and all others who are Masters of that sense which you possess would be ready to conceive that the main if not the only thing inquired into should be Whether the King was really Married unto Madam Walters and whether the D. of M. was Born in lawful Wedlock But in stead of this all the mighty Inquisition hath been Whether this or that person hard of a Black Box or of a Contract referring to the Kings Marriage with that Lady committed to the keeping of Sir Gilbert Gerard. Now what is all this to the reality of the Marriage seeing it might be transacted as most other Marriages are In verbis de presenti and of which no other Proof can be expected besides the Testimony of such as were personally present Fifthly The persons whom they have in this whole matter summoned before them and examined adds to the suspition and encreaseth the astonishment For People who think congruously to the subject before them had conceived That the main Scrutiny would have been either in reference to the Assurances given to the Countess of Weems concerning the Legitimacy of the D. of M. before she disposed her Daughter in Marriage to him or else that all the Examinations relating to this business would have been principally confined to those who were beyond Sea with the King when this Marriage is supposed to have happen'd But all this seems to have been industriously waved and in the room of these a few persons have been brought before and Interrogated by the Counsel who could never be supposed to have heard otherwise of it than by way of vulgar tattle And as I dare boldly affirm that there is no one person who is accustomed to the fellowship of the Town who hath not heard of such a Marriage so it is uncontroulably known That there was in Olivers time a Letter intercepted from the King to the said Lady then in the Tower superscribed to his Wife Nor is it unknown with what homage the Kings party in England at that time paid their Devotion and testified their Obedience to her For as they addressed her upon the Knee so by that and many other Symbols they declared that they