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A26301 An account of what past on Monday the 28th of October, 1689, in the House of Commons, and since at the King's-Bench-Bar at Westminster, in relation to the Earl of Castlemaine Castlemaine, Roger Palmer, Earl of, 1634-1705.; England and Wales. Court of King's Bench. 1690 (1690) Wing A436; ESTC R1917 9,102 20

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AN ACCOUNT OF What past on Monday the 28 th of October 1689. In the HOUSE of COMMONS And since at the King's-Bench-Bar at WESTMINSTER In Relation to the Earl of CASTLEMAINE LONDON Printed for Matthew Granger 1690. AN ACCOUNT OF What past on Monday the 28th of October 1689. in relation to the Earl of Castlemaine c. THE Attorney General being on Saturday the 26 th of October 1689. inform'd that the Earl of Castlemaine Sr. Edward Hales and other Prisoners of the Tower were brought by their Habeas Corpus to the Hall to be bail'd desir'd to know the Pleasure of the House in that Affair who order'd that they should presently be all sent for to their Bar which was done accordingly Only the said Earl was not there for he remain'd still in the Tower having it seems made use of no such Writ However the House directed the Governour to bring him up as he did the Monday following And then the Speaker said to this Effect Mr. Speaker to my Lord. MY Lord the House having understood That You went Embassador to Rome and also took your place at the Board as a Privy Councellor without taking the Oaths which are great Crimes and against Law They have sent for you to know what you have to say for your self His Lordship's Answer IT cannot Mr. Speaker but put me into more then an ordinary Confusion when I find my self in this place as a Criminal especially seeing through the whole course of my Life the Glory and Welfare of England has been my chief Aim and Endeavour You are pleas'd Sir to lay so great a Charge upon me that without shuffling or impertinence I might ask time to consider it Yet since I well know how much you value your time and since time also may make what I say suspected more of Artifice then Candor I shall now without further delay let you and this great Assembly see where so many of Birth and Quality are met how far I am from deserving either censure or reproach But Mr. Speaker before I go further I must humbly beg these few Favours of you First that you would Pardon all Tautologies or want of Method as beginning perchance in the middle and ending again where I should have begun Secondly That you would not take any advantage at my Answers for I shall be Ingenuous to the utmost and hesitate at nothing you shall ask And Lastly if through inadvertency or hast I should say what might shock you that you would not stand upon the rigor of the Words but upon the sincerity and clearness of my Explanation Be pleas'd then to know Sir I was so far from seeking this Employment that I did not so much as dream it was design'd me And when I knew it I us'd my utmost endeavour to avoid it My ignorance of the Kings Intentions appears by this that in the Year I went to Rome returning out of the Country according to my usual custom after Michaelmas I found a Protestant a Person of Note at my House who told me that before I spoke with any Man he was to bring me to my Lord Sunderland and from thence I was to go to his Majesty Nor would he scarce afford me time to put my self in a tollerable order to attend them My Lord Sunderland soon hinted to me what the Kings intentions were And when I recurr'd to his Friendship I had this Answer or Words to this purpose That if Subjects should refuse their Kings Service in every thing that was troublesom or Contre-Coeur all Kings would be in an ill Condition that my request was beyond his Power and that he believed I should find his Majesty very positive and so I did Mr. Speaker I 'l assure you Nay to satisfie you yet more fully of my backwardness to this Journey can you think Sir that I that had been at Rome more then once that had seen the Grandeur of so many Roman Embassies and knew they exceeded in Splendor and Expence three times those to any Crown'd Head whatsoever should not be extraordinarily concern'd at an Employment which had for its Subsistance as the Lords of the Treasury well known no other Establishment then that to Spain or France which being 100 l. a week amounts only to 5200 Pounds per. annum Having thus Sir shew'd you how little fond I was of the thing let me now with Submission ask you what could I otherwise do in my Circumstances For first I call all that 's Good to witness I never heard of Law against it nor know of any to this very day And yet on the other side I was not only Commanded by the King but knew his Royal and Legal Power of Commanding the Service of his Subjects and most particularly in Embassies as appears by many old Examples Nay by a fatal one in this very Century I mean the Case of Overbury to which no body here I 'm sure is a stranger In the next place Sir what did I go to Rome for Why only with a Letter with a Complement from a profest and open Catholic King to his Holyness as all Princes of that Communion do in the beginning of their Respective Reigns Besides Mr. Speaker as I know no Law that forbad my Obedience so I must needs say and this without cramping or putting any Bounds to the Legislative Power that no such Law can be made For Sir the Pope is a very considerable Temporal Prince whose Territories border on two Great Seas the Miditerranean and Adriatic If then our Merchants should be by storm or other necessities driven into his Ports if English-men should be surpriz'd by any Roman Party as they travel in a Neighbouring Country shall our Government not to mention a hundred other greater accidents want Power to send a Messenger to Ransom and Compound for them What Law therefore was there ever yet fram'd or can be enacted let the Commerce or Intercourse between Nations be never so much broken and prohibited but that a Commander in Chief a General and much more a King may beat a Parley dispatch a Trumpet nay send and receive Letters as often as occasion does require Now Mr. Speaker for Religion I neither had any Commission concerning it nor Transacted with his Holyness about it And as no body ever did or could lay any thing of that nature to my charge so for some confirmation of it I will appeal even to the Aqua fresca Houses of Rome and to all the Protestant Gentlemen of our Nation there during my Embassie for though what I tell you Sir be a Wonder yet the Honourable Persons who have resided in those parts know it to be true that for a Dish of Chocolate or a Dish of Limonade one may know the measures and particulars of an Embassy in that City as well as we do what passes within these Walls at our Coffee-houses I am sure my under Servants have often smil'd at the Grimaces and Mysteries which my Secretaires us'd in the