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A52965 Rawleigh redivivus, or, The life & death of the Right Honourable Anthony, late Earl of Shaftsbury humbly dedicated to the protesting lords / by Philanax Misopappas. Philanax Misopapas.; S. N. 1683 (1683) Wing N72; ESTC R3409 90,509 250

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and make no haste into the Boat they called to him to come away Gentlemen said he I intreat you to excuse my going with you for I now call to mind some extraordinary business which obliges me to stay in Town But his company was too pleasant to be so easily relinquish'd wherefore one of them stepping out of the Boat endeavoured by his importunity to alter his resolution and perswade him to go with them according to his first intention but being not able to prevail he protested he would carry him into the Boat if he would not go willingly so that being unwilling to disoblige them he adventur'd to go although with much reluctancy As they were shooting the Bridge it being low Water the force of the Ebb carried their Boat with such violence against a Loyter that was just gone through before them that she sunk but several Boats presently making towards them they were all sav'd however their design for Bowling at Greenwich was spoiled for that day Having spent some considerable time in the Inns of Court his Relations began to think of disposing of him in Marriage and a suitable Match was enquired after that might answer the largeness of his Fortune At length a Marriage is agreed by the consent of both Families between him and Margaret Daughter to Thomas Lord Coventry sometime Lord Keeper of the Great Seal of England whose agreeable Conversation render'd his Life the more pleasant and delightful He had no Issue by this Wife His second Wife was the Lady Frances Daughter to the Earl of Exeter by whom he had Issue his only Son and Heir Anthony Lord Ashly now Earl of Shaftesbury who married the virtuous and ingenious Lady the Lady Dorothy Daughter to John Earl of Rutland by whom he hath Issue two Sons Anthony a Youth of about Twelve years of Age extreamly like his Grandfather both for Person and Parts for which reason he was so dear to him that his Life seemed to be bound up in this Grandsons as Jacobs was said to be in his Son Benjamin's His last Wife was Margaret Daughter to William Lord Spencer a most accomplished and Virtuous Lady whose exemplary Piety is so extraordinary that she may very well be proposed as a pattern for other Noble Personages to imitate her constant custom being to rise by Five of the Clock in the Morning and she usually spends two or three hours there in her private Devotions No sooner did the Fame of his great Abilities reach the Royal Ear but his late Majesty cast a favourable Eye upon him employing him in several eminent Services which he performed with an exact Loyalty to the satisfaction of his Majesty from whose Interest he never departed otherwise then as Hushai from King David when the Tribes of Israel revolted from him in order to the using his Interest for the Service of his Prince and endeavour by his Wisdom and Counsel so to order and influence the Councils and Designs of the Conspirators that they might be the less hurtful to his Soveraign and tend to the overthrow of themselves And it is admirable to contemplate with what dexterous Skill and exquisite Policy he so managed all their Councils as to make them run directly towards and naturally tend to swell the Royal Stream which immediately upon their Ebb flowed so suddenly and swiftly that like a swelling Sea it easily overflowed all those Banks which were cast up to impede its Flux and by its irresistable force bore down all before it until at last it terminated in the full Tide of his Majesties Restoration Like the Generous Hushai never resting until he saw his Ejected Soveraign like the glorious Sun newly escaped from a total Eclipse return to the possession of his Crown and Kingdom His Majesty having December 5. 1639. upon the advice of the Earl of Strafford and Marquess of Hamilton and Doctor Land Archbishop of Canterbury declared his resolution for the calling a Parliament After 11 years interval he was by the unanimous consent of the Inhabitants of the Borough of Tewkesbury in Gloucester-shire chosen to serve as Burgess for that Town Sir Edward Alford being chosen for the other On Monday April 13. 1640. this Parliament opened and were acquainted by his Majesty That he thought never any King had greater cause to call his People together nor more weighty Affairs to confer with them about then himself the particulars whereof he referred to the Lord Keeper By whom they were recommended to the Parliament in an elegant Speech The Parliament sate in debate of those things recommended to them till the fifth of May when his Majesty concluding they were too slow in giving those Supplies he demanded Dissolved them publishing a Declaration thereupon containing an account of his Reasons for that Dissolution This was the fourth Parliament which had been Dissolved by his Majesty In the beginning of our unhappy Troubles he raised a Regiment for the Service of his Majesty and was by him upon the Rupture with the Parliament made Governour of Waymouth being at the same time High Sheriff of the County of Dorset And when he saw that the War would unavoidably break out he summoned by virtue of his Pesse Contitatus the whole County from sixteen years old to meet at Dorchester which is the County Town thereby to engage them to stand by his Majesty But before that day appointed for their Meeting his Majesty sent down Colonel William Ashburnham with a Commission to be Governour of the County of Dorset whereupon he repaired presently to Dorchester and shewed his Commission to the High Sheriff At which time the Sheriff acquainted the Colonel with what he had done in reference to his Majesties Interest by summoning the County wherewith the Colonel was very well pleased But Sir Anthony concluding that the Colonel's being sent to command as Governour of the County notwithstanding his being Governour of Weymouth and high Sheriff of Dorset-shire proceeded from some secret suspition which his Majesty had conceiv'd of his Fidelity perhaps occasioned by the malicious whisperings of some about the King who grew Jealous of him lest the greatness of his Parts should in time have raised him higher in his Majesties Favour and good Opinion then would have consisted with their Interest took Horse the next Morning and went to his own House about 20 Miles from thence the next day he went to his Brothers and from thence to London The day being come for the Counties Meeting they flocked in vast numbers to Dorchester there being scarce a Man in the whole County wanting whereupon the Colonel being informed that the High Sheriff was not in Town went up to the Guild-Hall being accompanied with several of the chief of the Town and told the People That he was glad to see so great an appearance and that they yielded so ready Obedience to the Summons of their Sheriff who was at that time absent telling them that the occasioning of Summoning of them was to engage them to
that he had endeavoured to free himself from the censure of this House by appealing to the Kings-Bench to have there judgment thereupon during the late Adjournments doth not think fit as yet to signifie his pleasure as to his discharge until this House hath taken that matter into consideration Upon which the Lords refusing to make an Address to His Majesty for his Lordships discharge entered into a debate concerning his Appeal from their House to the Kings-Bench for an Habeas Corpus but not being able to come to any Resolution about it that day the next day it was resumed again and the Records of the Kings-Bench produced by which it did appear that two Rules of Court had been obtain'd upon the motion of his Lordships Council and the returns thereupon were read by which it did appear that the Earl had been committed the 16th of February 1676. for a Contempt committed against the House of Lords and then the remitture of the Earl to the Tower was read After this a Petition from his Lordship to the House was read wherein he took notice of an Order of the House for bringing thither the Records of the Kings-Bench Court concerning the matter of an Habeas Corpus brought by him acquainting them that he took himself to be very much concern'd that they should enter into a debate of that Nature in his absence since he had an undoubted Right to be present and plead for himself when a debate of any new matter against him was entred upon and that although he could not pretend but that there might be a probability of his having err'd for want of a President to guide him and being deprived of the benefit of Council by reason of his close confinement yet he resolved not to do any thing willingly that might in the least offend His Majesty or their Lordships and therefore humbly laid hold of that opportunity to give further Evidence thereof by casting himself at their Lordships feet and as he humbly begg'd the Pardon of His Majesty so he also implored the forgiveness of their Lordships for offending them in any thing whatsoever The debate was somewhat long but at last it came to this Issue They Resolved and Declared That it was a breach of the priviledge of that House for any Lord committed by them to bring an Habeas Corpus in any inseriour Court to free himself from that Imprisonment during the Session of Parliament and that the Earl of Shaftsbury should have Liberty to make his full defence notwithstanding the Resolution and Declaration aforesaid Friday February 22d The Lords directed a Warrant to the Constable of the Tower to bring his Lordship to their Bar on the Monday following The Earl of Northampton then Constable of the Tower accordingly brought him where kneeling at the Bar he received an account from the Lord Chancellor of the Resolutions of the Lords concerning his Appeal to the Court of Kings-Bench whereupon his Lordship stood up and made his reply to this Effect MY LORDS I Have presum'd to present two Petitions to this Honourable House The first your Lordships mention I do again here personally renew humbly desiring that I may be admitted to make that humble submission and acknowledgment your Lordships will please to Order And that after a Twelvemonths close Imprisonment to a Man of my Age and Infirmities your Lordships will Pardon the folly and unadvisedness of any of my Words or Actions And as to my Second Petition I most humbly thank your Lordships for acquainting me with your Resolution and Declaration in the Point and though Liberty be in it self very desireable and as my Physitian a very Learned Man thought absolutely necessary to the preservation of my Life yet I do profess to your Lordships upon my Honour that I would have perish'd rather than have brought my Habeas Corpus had I then apprehended or been inform'd that it had been a breach of the Priviledge of this Honourable House it is my Duty it is my Interest to support your Priviledges I shall never oppose them My Lords I do fully acquiesce in the Resolution and Declaration of this Honourable House I go not about to justifie my self but cast my self at your Lordships feet acknowledge my Error and humbly begg your Pardon not only for having brought my Habeas Corpus but for all other my Words and Actions Then was one Blany called into the House who had delivered a Paper to the Lord Treasurer pretending to give an account of some words spoken by his Lordship in the Court of Kings-Bench when he moved to be bailed there But though this whole Transaction was no longer than since last Hillary Term yet Blany could not affirm that what was Written in the said Paper was really spoken by his Lordship so that the Treasurer not being able to to make any thing of Blanys Story which was an hard Case that so much pains should be taken to so little purpose the House of Lords proceeded to a Resolution in what form his Lordship should make his submission and acknowledgment which being drawn up imported much the same with which he had before Declared which being read to him by the Lord Chancellor his Lordship repeated the same at the Bar and than withdrew Whereupon the House ordered That the Lords with white sleeves should wait upon His Majesty and acquaint him the House had received satisfaction from his Lordship in the matter of the Habeas Corpus and the other Contempt for which he stood committed and were become humble Suters to His Majesty that he would be pleased to discharge him from his Imprisonment and that their Lordships acquaint the House with His Majesties Answer All which was done accordingly and the Lord Treasurer reported to the House That the Lords with white sleeves had waited upon His Majesty according to their Lordships Order And that His Majesty was pleased to make this Answer That he would give Order for his Lordships discharge which was accordingly performed and his Lordship by regaining his Liberty made more capable of serving His Majesty and the Protestant Religion against the dark and misterous designs which were then carrying on against both But although the Lords proceeded with so much rigure and severity against his Lordship who deserved to have been more kindly dealt withal by any who pretend to any Loyalty to their Prince since he made so considerable a Figure and had so great a share in the contriving and management of the happy Revolution in 1666. when they were in an unusual heat artificialy kindled and carefully blown into a Flame by some unseen hand who secretly manag'd the Bellows yet when that heat had spent it self and the House acted with more freedom and deliberation they acknowledge the wrong and injury done to his Lordship and the other Noblemen who were committed upon that account and to prevent that illegal preceeding from being made use of as a President in future times they damned the several