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A34178 The Compleat statesman demonstrated in the life, actions, and politicks of that great minister of state, Anthony, Earl of Shaftesbury : containing an account of his descent, his administration of affairs in the time of Oliver Cromwell, his unwearied endeavours to restore His Most Sacred Majesty, his zeal in prosecuting the horrid Popish Plot, several of his learned speeches during his being Ld. Chancellor, his two commitments to the Tower, the most material passages at his tryal, with many more considerable instances unto His Lordships going for Holland. Dunton, John, 1659-1733. 1683 (1683) Wing C5658; ESTC R35656 48,139 160

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my Lord Shaftesbury's Closet to which Mr. Gwin replied that there was nothing Mr. Secretary Jenkins witnessed that that was the Paper he had of Mr. Blithwayt Some things I am forced for brevity to omit My Lord Chief Justice said Now it appears this was the Paper taken in my Lord Shaftesbury's Closet And the Paper was Read which contained the words of that commonly called The Form of an Association When it had been Read Sir F●…n Withins said This Paper was very plausibly penn'd in the 〈◊〉 and runs a great way so but in the last clause but one there they come to perfect Levying of War for they do positively say They will obey such Officers as either the Parliament or the major part of them or after the Parliament is Dissolved the major part of them that shall subscribe this Paper shall appoint The Foreman of the Jury enquired what Date that Paper was of and whether there were any hand to it to which Sir Francis answered that it was after the Bill for Exclusion of the Duke of York for it says that way failing they would do it by force as to the having a name to it Sir Francis said there was none at all The rest of the Evidence were John Booth John Macknamara Edward Turbervill Dennis Macknamara John Smith Edward Joye Bryan Haynes Bernard Dennis Booth deposeth That in January last he was introduced into my Lord Shaftesbury's acquaintance by Captain Henry Wilkinson in order to get a Commission and Plantation in Carolina That the first time he went to my Lord there was my L. Craven and Sir Peter Colliton who are of the Proprietors of that Collony that after this acquaintance he had been there between Christmas and March four or five times and that he found great difficulty in his Accession to his Lordship who was cautious of what company were admitted to him that the said Earl used to inveigh sharply against the Times and look upon himself as not so valued nor respected nor in those Places and Dignities as he expected seemed discontented Particularly that the Earl of Shaftesbury should say that the Parliament would never grant the King Money nor satisfie him in those things that he desired unless he first gave the People satisfaction in those things that they insisted on before and particularly the Bill of Excluding the Duke of York from the Crown Another was the Abolishing the Statute of the 35th of Elizabeth The third was giving his Royal Assent for the passing a New Bill whereby all the Dissenting Protestants should be freed from those Penalties and Ecclesiastical Punishments that they are subject to by the present Establish'd Law That he had Established fifty Gentlemen persons of Quality that he believed would have men along with them that they were to come to Oxford at such a time that if there were any Violence offered to any of the Members by the King's Guards or the Retinue of the Court that then these men with others that other Lords had appointed should repel his force by greater force and should purge the Guards of all the Papists and Tories that Captain Wilkinson was Intrusted with the Command of these men and that these men should be ready to Assist himself and those of his Confederacy to purge from the King those Evil Councillors that were about him That particularly there were named the Earl of Worcester Lord Clarendon Lord Hallifax Lord Feversham Lord Hide which persons were lookt upon to be dangerous and gave the King Evil Advice That those Lords should by Violence be taken from the King and the King brought to London where those things should be Establisht which they designed for their Safety in those two Respects for the preserving the Protestant Religion and likewise for the defending and keeping us safe from Arbitrary Power and Government And likewise that the said Booth had provided Arms and a good Stone-Horse for himself and Arms for his Man before the Parliament Sate at Oxford That the Thursday before the Parliament was Dissolved Captain Wilkinson told him he expected that very week to be called up to Oxford with those men that were Listed with him but Saturday bringing News of the Dissolution of the Parliament it had no further Effects This was the most material of what Booth said for being straitned in Room I am forced to render it as short as I can Turbervil declared That about the beginning of February waiting on my Lord Shaftesbury to have his advice how he might come by some Monies and to gain his Lordships Letter in his behalf to the President of the Council the Earl should say there was little good to be expected from the King as long as his Guards were about him that his Lordship should say the Rabble about Wapping and Aldersgate were of that side that the rich men of the City would vote for Elections but it could hardly be expected they should stand by them in case of a disturbance for they valued their Riches more than their Cause and that at Oxford he had heard the Earl say he wondred the People of England should stickle so about Religion if he were to chuse a Religion he would have one should comply with what was apt to carry on their Cause Smith said that one time being sent for by my Lord Shaftesbury by one Captain Manly his Lordship should tell him that Mr. Hetherington had told him he was afraid the Irish Witnesses would go over to the Court Party and retract what they had said formerly that he advised him to persuade them not to go near that Rogue Fitz-Girald that great Villain that is pampered up and maintain'd by the King and the Court party to stifle the Plot in Ireland and that the Earl had further said That if the King were not as well satisfied with the coming in of Popery as ever the Duke of York was do you think the Duke of York would be so much concerned for the bringing in of Popery as he is That a little before my Lord went to Oxford he should tell the said Smith there were great preparations made and a great many gathered together upon the Rode be tween London and Oxford and Smith asking his Lordship what it might mean my Lord should answer that it was only to terrifie the Parliament to comply with the Kings desire which he was sure the Parliament would never do That they were now more resolute than ever That they clearly saw the Kings aim was to bring in Popery That they had the Nation for them and might lawfully oppose him and he would meet with very strong opposition for that all that came out of the Country should be well Hors'd and armed and so they should all be That the City had resolved to bear the charge of their Members and send so many men to wait on them and that he would be hang'd before he would ever bring in Popery or any thing of that nature Bryan Hains deposed that among
people have no claim of Property or Right in themselves or any thing else for he hath now declared that the peoples choice cannot give any man a Right to sit in Parliament but the Right must be derived from his gracious Will and Pleasure with that of his Councellors and his Clerks Ticket only must be their evidence for it Thus hath he exalted himself to a Throne like unto God's as if he were of himself and his power from himself and we were all made for him to be commanded and disposed of by him to work for him and serve his Pleasure and Ambition A little after there is an Instance of Chief-Justice Tresilian who was executed at Tyburn in the time of Richard the Second for advising the King that he might at any time dissolve the Parliament and command the Members to depart under the penalty of Treason Divers other Protestations were contained in that Instrument against the Arbitrariness and Tyranny of that proceeding and in conclusion they declare they will 〈◊〉 ●…t their complaints before the Lord against their powerful Oppressors hoping he will redeem his people out of the hands of wicked and deceitful Men. This protestation was signed by One hundred and seventeen persons whereof Sir Anthony Ashly Cooper the present Earl of Shaftesbury was one and many others of great Loyalty and Integrity some whereof are since dead and others still alive in great Honour and Office By this may be easily discerned the Opinion he had of the Illegal and Arbitrary proceedings of O. C. and how much of the sufferings of the Loyal Party would have been prevented had that point of a free Parliament been then gained His Majesties Restauration must have been the natural consequence of it The constant correspondence he always kept with the Royal Party and that almost to the hazard of his Life and Family are sufficient Testimonies of his sincerity to his Masters Interest and Service His House was a Sanctuary for distressed Royalists and his correspondence with the Kings Friends though closely managed as the necessities of those times required are not unknown to those that were the principal managers of His Majesties Affairs at that time This made that great Politician O. C. so apprehensive of this great Assertor of his Countries Rights and Opposer of Arbitrary Government and Enthusiasm that though his vast Abilities were known at least to equal the ablest Pilot of the State yet we cannot find him amongst the Creatures of his Cabinet or Council nor amongst the Eleven Major Generals to whom the Care of the Nation was committed No their Principles their Aims and Designs were incompatible one was for Subverting the other for Maintaining the Antient standing Fundamentals of the Nation which once dissolved it were impossible but an universal Deluge of Confusion Blood and Rapine must ensue This made our brave Patriot with divers of the Heroick English Race to the utmost oppose the growth of a Protectorian Power So that we find Sir Anthony Ashly Cooper accused before the Parliament in the year 1659. for keeping Intelligence with the King and for having provided a Force of Men in Dorsetshire to joyn with Sir George Booth in attempting to restore and bring His Majesty that now is to His Rightful Throne Many persons of great note were imprisoned on the account of this Plot and amongst the rest Sir Anthony Ashly Cooper who though at that time one of the Commissioners of the Army and a Member of the House of Commons yet was complained of to the Parliament for a great Manager of the Design and although no man knew better how to obviate the Reasons of the House and plead his own Cause yet was with great difficulty cleared and discharged of that Imputation by the House of Commons The Eyes of the great States-men were so much upon him that he was one of those Loyal Persons mentioned by Baker in his Chronicle whereof the Council of State was composed in which List we find General Monk to be the foremost and that Council the Chronologer calls men of Integrity and well affected to Kingly Government And he that will but consider how soon His Majesties Restauration ensued upon the Election of this Council will have good reason to be of the same Opinion And in the 673 page we find him to be one of the Nine of the Old Council of State who sent that encouraging Letter to the said General to promote his undertaking for the Advantage of the Three Nations Again we find him in the List of that Council of State consisting of Thirty Nine upon whom an Oath was endeavoured to be Imposed for the Abjuration of the Royal Line but by the Influence of Sir Anthony Ashly Cooper and General Monk upon Coll. Morly that Oath was opposed in Council as being a snare and against their Consciences This was strongly pleaded by the Soberer part of the Council whereof this great Patriot was one and so an end was put both to that Oath and to the Council Nor is it in the least unknown to persons then in being how much his Advice influenced the Councils of those times He was the person that was particularly singled out of the whole Council by Commissary Clargis in Novemb. 1659. and had communicated to him a dangerous Design tending to Involve the Nation in further trouble which this Honourable person imparted to the Council of State This-was that great Council that complied with General Monk in that great Revolution of Restoring His Majesty And if that great Action were the occasion of a candid construction put on all the former Actings of the General why they should not have the same Candour for this Noble person I think none can determine His Employment at this time was in places of the highest Trust and Importance an undeniable Testimony of the great Opinion the then great Mininers had of his Loyalty as well as known Ability for the Management of the then Intrieate and close Designs A further prospect will be taken of his Concurrence with Gen. Monk in that Important Juncture if we remember that his Regiment was one of the first that declared for the Parliament and General Monk in March 165●… So zealous was he in putting all his strength to the turning the great Wheel of State At the time of His Majesties Restauration as a most signal Testimony of His Majesties good Sentiments of his former Actions he was Advanced to be one of the first Rank in His Majesties most Honourable Privy Council and was placed above His Majesties Royal Brother the Duke of Gloucester and even Gen. Monk himself whom His Majesty used to call his Political Father And about three daies before His Majesties Coronation he was in the Banquetting-house created Baron Ashly of Wimbourn St. Giles's and another addition of Honour was conferred on him viz. Lord Cooper of Paulett And at last in the year 1672. he was made Earl of Shaftesbury at the same time when Duke Lauderdale
the Earl of Arlington and the Lord Clifford were promoted To his happy Councils do both King and Kingdom owe for the happy Conduct of things for divers years so that now he seemed to be incorporate into the heart of his Prince the Events of his Advices were commonly agreeable to what he at first proposed so that it may be said of him as was spoken of Polibius that as Scipio so the King seldom miscarried in any thing that was carried on by his Advice so that at length he seemed to be the Royal Oracle In fine such was the Opinion which his wise Administration had gained that as he sate in one of the highest places in his Masters favour so he was preferred to the highest Trust of Honour in the Kingdom he was made Chancellor of the Exchequer and afterwards Lord High Chancellor of England about the beginning of the Year 1672. Now was the Kings Conscience as it were entrusted to his care and management this was the highest Orb a Subject was capable to move in but with what Sagacity Honour and Integrity he acquitted himself in that great Employment the Transactions of the Court of Chancery at that time can best witness Justice ran in an equal channel the cause of the Rich did not swallow up the Rights of the Poor he that was oppressed found Relief and the Oppressor a Rebuke suitable to his crime the usual delays of that Court were much abated and all the Transactions thereof were managed with the greatest Judgment and Equity As an Instance of his constant adhering to the Interest of his Master and the commune Bonum or Weal of the publick you may take a copy of his Thoughts from that excellent Speech made by him in favour of the Subject in the Exchequer Jan. 24. 1673. at Baron Thurland's taking the Oath a copy whereof follows Mr. Serj. Thurland The King of his Grace and Favour hath made choice of you to be one of the Barons of the Exchequer he designed to place you in a Court of more profit though not of more Dignity but your own Modesty and Virtue hath chosen this Court where you thought you could serve the K. best And I could not omit to mention it here to your Honour it being the greatest Instance of a good man that he had rather be found serviceable than rich His Majesty hath had large proof of your former services besides he takes you upon the credit of that Recommendation that hath justly the best place with him I mean his Royal Brothers Some few things it is fit I should here mention to you and leave with you as Admonitions or rather Remembrances In the first place you are to maintain the Kings Prerogative and let not the Kings Prerogative and the Law be two things with you For the Kings Prerogative is Law and the principal part of it and therefore in maintaining that you maintain the Law The Government of England is so excellently interwoven that every part of the Prerogative hath a broad mixture of the Interest of the Subject the ease and safety of the people being inseparable from the greatness and security of the Crown In the next place let me advise you that you acquaint your self with the Revenue as also with the ancient Records Precedents and Practices of this Court for want of which knowledge I have seen this Court a most excellent Common Pleas when at the same time I could not say so much for it as an Exchequer In the third place let me recommend to you so to manage the Kings Justice and Revenue as the King may have most profit and the Subject least vexation Raking for old Debts the number of Informations Projects upon Concealments I could not find in the 11 years Experience I have had in this Court ever to advantage the Crown but such proceedings have for the most part delivered up the Kings good Subjects into the hands of the worst of Men. There is another thing I have observed in this Court which I shall mind you of which is when the Court hearkens too much to the Clerks and Officers of it and are too apt to send out process when the Money may be raised by other ways more easie to the people I do not say that the Kings Duty should be lost or that the strictest course should not be taken rather than that be but when you consider how much the Officers of this Court and the Undersheriffs get by process upon small summs more than the Kings Duty comes to and upon what sort of people this falls to wit the Farmer Husbandman and Clothier in the Country that is generally the Collector Constable and Tythingman and so disturbs the industrious part of the Nation you will think it fit to make that the last way when no other will serve Give me leave also to mind you of one thing more which is in your Oath That the Kings needs ye shall speed before all other that is the business of the Revennue of the Crown you are to dispatch before all other and not turn your Court into a Court of Common Pleas and let that justle out what you were constituted for In the last place let me conclude with what concerns all my Lords the Judges as well as you let me recommend to you the Port and way of Living suitable to the Dignity of your place and what the King allows you There is not any thing that gains more Reputation and Respect to the Government than that doth and let me tell you Magistrates as well as Merchants are supported by Reputation His particular Application to prevent any misunderstanding between the King and his Parliament is very obvious to any that shall but look into his Speeches to the Parliament during his Chancellorship and with how great concern he still vindicated his Masters Actions He acquitted himself in all the great Emergencies of this High Employment with that universal Applause and satisfaction as seldom happens to men in such an envied station The vilest of his Detractors not being able to fasten any Imputation upon his conduct in those great and weighty Trusts he was advanced to So little of self appeared in his Actions that it may be modestly affirmed of him he made his own Interest strike sail to the publick and his care for others seemed more than for himself and at the time of his highest Elevation he would not neglect the meanest Suitors that applied themselves to him Thus having gradually traced the Advancement of this great Minister to the highest pitch of Honor where he appeared sicut Luna inter Stellas minores I shall now take notice of his Relinquishment of that High Employment and what other contingencies have happened to him since About November 1673. His Majesty was pleased to send for the Lord Chancellor to White-Hall where he resigned the Great Seal of England to His Majesty and was dismist from being Under-Treasurer of the Exchequor which place was conferred on