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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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Gentry a learned Clergy and an understanding worthy People but yet we cannot think of England as we ought without reflecting on the condition thereof They are under the same Prince and the influence of the same Fav●…urites and Councils When they are hardly dealt with can we that are Richer expect better usage For 't is certain that in all absolute Governments the poorest Countries are always most favourably dealt with When the ancient Nobility there cannot enjoy their Royalties their Shrievaldoms and their Stewardies which they and their Ancestors have possessed for several hundreds of years but that now they are enjoin'd by the Lords of the Council to make deputations of their Authorities to such as are their known Enemies can we expect to enjoy our Magna Charta long under the same persons and Administration of Affairs If the Council-Table there can imprison any Nobleman or Gentleman for several years without bringing him to Trial or giving the beast Reason for what they do can we expect the same Men will preserve the Liberty of the Subject here My Lords I will confess that I am not very well vers'd in the particular Laws of Scotland but this I do know that all the Northern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath out-done all the Eastern and Southern Countries in having their Lives Liberties and Estates subjected to the Arbitrary Will and Pleasure of those that govern They have lately plundered and harased the richest and wealthiest Countries of that Kingdom and brought down the barbarous Highlanders to devour them and all this almost without a colourable pretence to do it Nor can there be found a Reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any rate which as they managed was only prevented by the miraculous hand of God or otherwise all the Papists in England would have been armed and the fairest opportunity given in the just time for the execution of that wicked and bloody design the Papists had and it is not possible for any man that duly considers it to think other but that those Ministers that acted that were as guilty of the Plot as any of the Lords that are now in question for it My Lords I am forced to speak this the plainer because till the pressure be fully and clearly taken off from Scotland 't is not possible for me or any thinking man to believe that good is meant us here We must still be upon our guard apprehending that the Principle is not changed at Court that those men that are still in place and Authority have that influence upon the mind of our excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect cure to it until that be done the Scottish Weed is like death in the pot Mors in Olla But there is somthing too now I consider that most immediately concerns us their Act of Twenty two thousand men to be ready to invade us upon all occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a standing Army of Six Thousand Men. I am sure we have Reason and Right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there but if a French NobleMan should come to dwell in my House and Family I should think it concerned me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live elsewhere and I hope your Lordships will do the same thing for the Nation if you find Cause My Lords Give me leave to speak two or three words concerning our other Sister Ireland Thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restor'd and the Protestants are not many of them yet recovered from being the suspected Party The Sea-Towns as well as the In-land are full of Papists That Kingdom cannot long continue in the English hands if some better care be not taken of it This is in your Power and there is nothing 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 Some few daies after this Speech the King was pleased to make a great Alteration in his Council and to appoint the Right Honourable Anthony Earl of Shaftesbury President thereof About the 18th of April 1679. His Majesty was pleased to declare the Dissolution of the Late Privy Council and for Constituting a New one The Lords of the Council not to exceed Thirty besides the Princes of the Blood which His Majesty may at any time call to the Board being at Court and the President and Secretary of Scotland which are uncertain The Names of that most Honourable Council were His Highness Prince Rupert William Lord A. B. of Canterbury Heneage Lord Finch L. Chancellor Anthony Earl of Shaftesbury Lord President of the Council Arthur Earl of Anglesey Lord Privy Seal Christopher Duke of Albermarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Principal Secretary of Scotland James Duke of Ormond L. Steward of the Houshold Charles Lord Marquess of Winchester Henry Earl of Arlington L. Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgwater Robert Earl of Sunderland one of His Majesties Principal Secretaries of State Arthur Earl of Essex first L. Commissioner of the Treasury James Earl of Bath Groom of the Stable Thomas Lord Viscount Falconberg George Lord Viscount Hallifax John Lord Bishop of London Daniel Lord Roberts Henry Lord Hollis William Lord Russel William Lord Cavendish Henry Coventry Esq one of His Majesties Principal Secretaries of State Sir Francis North Knight L. Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernby Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire This great Change put men upon various Discourses and Apprehensions suitable to their respective Dispositions and Inclinations but the most sober both of the Parliament and others hoped now to see the Popish Plot wholly Eradicated especially considering the daily fresh Discoveries that were brought before the Council and Parliament the last of which was of no long continuance for about June 1679.
Si●… John Duncomb In the Afternoon of the same day the Earl of Shaftesbury was visited by Prince Rupert with divers other great Lords at Exeter House where they gave his Lordship Thanks for his Faithful and Honourable Discharge of that great Employment Thus this mighty Minister who had to the universal satisfaction of all good Men been raised to that degree of Interest in his Masters favour without a murmur laid all his Honours at his Masters Feet and was observed not to abate of the chearfulness of his Temper upon the loss of his honorary Employment I shall conclude this part with a touch of this Earl's Character which saith His choice Sagacity Strait solv'd the Knot that subtle Lawyers tied And through all Foggs discern'd th' oppressed side Banish'd delays so this noble Peer Became a Star of Honor in our Sphere A needful Atlas of our State c. The 16th of Feb. 1676. The Honourable Earl of Shaftesbury was sent a Prisoner to the Tower by Order of the House of Lords There were at the same time committed the E. of Salisbury and the L. Wharton The Form of the Warrant for their Commitment was as followeth Ordered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of His Majesties Tower of London His Deputy or Deputies shall receive the Bodies of James Earl of Salisbury Anthony Earl of Shaftesbury 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 sufficient Warrant on that behalf To the Constable of the Tower J. Browne Cler. Par. The 27th and 29th of Jan. 1677. The E. of Shaftesbury was brought to the King's-Bench-Bar upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower where the Council for the Earl prayed that the Return might be filed and the Friday following appointed for Debating the sufficiency of the Return and my Lord was remanded until that day On Friday the Earl was brought into Court again and his Council argued the Insufficiency of the Return After Mr. Williams Mr. Wallop Mr. Smith had shewed divers weighty Reasons in behalf of the Earl that that Court might relieve him they were opposed by the Solicitor General and the Attorney General who brought divers Instances why that Court could not discharge a person Committed by Parliament whereupon the Earl of Shaftesbury is said to have spoke to this purpose 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 King's Council Mr. Attorney and Mr. Solicitor that enforceth 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 by any direction of mine What is done by my Council and by me is that this is the most proper Court to resort unto where the Liberty of the Subject is concerned The Lord's House is the Supream House of Judicature in the Kingdom but yet there is a Jurisdiction that the Lord's House does not meddle with The King's Council hath mentioned as a wonder that a Member of the Lord's House should come hither to diminish the Jurisdiction of the Lords I acknowledge them to be Superiour to this or any other Court to whom all Appeals and Writs of Errour are brought and yet there are Jurisdictions that they do not Challenge and which are not natural to them or proper for them They claim not to meddle in Original Causes 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 some Power that is not natural or proper to their Constitutions I do not think it a 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 other 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 Lord's House and to lay weight on the word Member It is true I am one of them and no man hath a greater Reverence or Esteem for the Lords than my self but my Lords I hope my being a Peer or a Member of either House shall not lose my Priviledge of being an English man or make me to have less Title to Magna Charta or the other Laws of English Liberty My Opinion is not with one of my Council who argued very learnedly that the Passing an Act by the King 's Royal Assent can make a Session because the usual promise was not in it It was without any Instruction of mine to mention that point The King's Council tells your Lordships of the Laws and Customs of Parliament and if this were so I should submit but this Case of mine is primae Impressionis and is a new way such as neither Mr. Attorney nor Mr. Solicitor can shew any President of and I have no other Remedy or place to Apply to than the way I take Mr. Attorney confesseth that the King's pleasure may Release me without the Lords If so this Court is Coram Rege this Court is the proper place to determine the King's pleasure This Court will and ought to Judge of an Act of Parliament void if it be against Magna Charta much more may Judge an Order of the House that is put in Execution to deprive any Subject of his Liberty And if this Order or Commitment be a Judgment as the King's Council affirms then it is out of the Lords hands and properly before your Lordships as much as the Acts which were lately Passed which I presume you will not refuse to Judge of notwithstanding that the King's Atorney General saith this Parliament is still in being I take it something ill that Mr. Attorney tells me I might have Applied elsewhere My Lord I have not omitted what became my Duty toward the King for besides the Oath of Allegiance I took as a Peer or an English man there is something in my Breast that will never suffer me to depart from the Duty and Respect that I owe him but I am here before him he is alwaies supposed to be here present and he alloweth his Subjects the Law My Lord They speak much of the Custom of Parliament but I do affirm there is no Custom of Parliament that ever their Members were put out of their own Power and the Inconveniencies of it will be endless Mr.
Shaftesbury answered to this Effect My Lords I have presumed to present two Petitions to this Honourable House the first your Lordship mentions I do again here personally renew humbly desiring that I may be admitted to make that Submission and Acknowledgement your Lordships were pleased to Order And that after a Twelve-months close Imprisonment to a man of my Age and Infirmities your Lordships would pardon the folly or unadvisedness of any of my words or actions And as to my second Petition I most humbly thank your Lordships for acquainting me with the Resolution and Declaration in that point and though Liberty be in it self very desirable and as my Physician 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 perisht rather than have brought my Habeas Corpus had I then apprehended or been informed 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 acknowledg my Errour and humbly beg your pardon not only for having brought my Habeas Corpus but for all other my VVords and Actions that vvere in pursuance thereof and proceeding from the same Errour and Mistake One Blany was then called into the House who had delivered a paper to the Lord Treasurer Danby pretending to give a relation of some words spoken by the E. of Shaftesbury in the Court of Kings-Bench at the time when he moved for his Habeas Corpus but though this whole Transaction were no longer since than the last Trinity Term yet the said Mr. Blany could not affirm that what was written in the said paper was in part or whole really spoken by the Earl of Shaftesbury so that the Lord Treasurer being able to make nothing of Mr. Blany's paper which was a hard case the House of Lords proceeded to a Resolution in what form the Earl of Shaftesbury should make his submission and acknowledgment which being drawn up in words importing much the same with what the Earl had before declared which being read to him by the Lord Chancellor the Earl of Shaftesbury repeated the same at the Bar of the House and then his Lordship withdrew The House then ordered that the Lords with white staves should wait upon His Majesty to give His Majesty Account that the House had received satisfaction from the Earl of Shaftesbury in the matter of the Habeas Corpus and the other contempt for which he stood committed and are humble Suitors to his Majesty that he would be pleased to discharge him from his Imprisonment And that their Lordships do acquaint the House to morrow what they have done in this matter Die Martis 26 Feb. 1677. The Lord Treasurer reported to the House That the Lords with white slaves had waited on his Majesty according to the Order of this House To which His Majesty was pleased to give this answer That he will give Order for the Earl of Shaftesburys discharge Thus was this great heat whereby some of this worthy Peers Enemies thought then to blast his Loyalty and Integrity and endeavoured to foment the disgusts of the House against him at last extinguished and the Earl a little after saw this Parliament first prorogued and soon after dissolved Now was that Diabolical Plot of the Jesuits and Papists discovered by the great care and fidelity of Dr. Titus Oats which convinced both the King Lords and Commons and all the Nation in General of a damnable treasonable popish design to murther our Protestant King with the chiefest of the Nobility and Gentry and to reduce a Protestant Church to Romish Idolatry and the State to a Catholick slavery The seventh of March 1678. A Parliament met at Westminster and chose the Honourable Edward Seymour Esq their Speaker who had been Speaker of the last long Parliament This Parliament did like noble English Patriots endeavour to give check to the bloody popish Designs on foot and passed many excellent Votes for that purpose many Members acquitting themselves in their Speeches like Men of high sense of the Miserie 's the Nation was like to be involved in This House carried up the Impeachment to the House of Lords against William Earl of Powis William Viscount Stafford Henry Lord Arundel of Wandour William Lord Peters and John Lord Bellasis for High Treason and other high crimes and misdemeanours But this having been at large published to the World in divers other prints with divers Instances how this Noble Peer was personally struck at in that hellish Design I shall refer the Reader for more full satisfaction to the several Narratives and Discoveries of the popish Plot printed by Authority And shall now come to give you an Account of a Speech said to be delivered by this Honourable person in the House of Lords on the 25th of the Instant March Anno 1679. You are appointing of the consideration of the State of England to be taken up in a Committee of the whole House some day the next vveek I do not know how well what I have to say may be received for I never study either to make my Court vvell or to be popular I always speak what I am commanded by the dictates of the Spirit vvithin me There are some other considerations that concern England so nearly that vvithout them you vvill come far short of Safety and Quiet at home VVe have a little Sister and she hath no Breasts vvhat shall vve do for our Sister in the day vvhen she shall be spoken for If she be a VVall vve vvill build on her a Palace of Silver if she be a Door vve vvill inclose her vvith Boards of Cedar VVe have several little Sisters vvithout Breasts the French Protestant Churches the tvvo Kingdoms of Ireland and Scotland the foreign Protestants are a VVall the only VVall and Defence to England upon it you may build Pallaces of Silver glorious Pallaces The protection of the Protestants abroad is the greatest povver and security the Crovvn of England can attain to and vvhich can only help us to give check to the grovving Greatness of France Scotland and Ireland are two doors either to let in good or mischief upon us they are much weakned by the Artifice of our cunning Enemies and we ought to enclose them with Boards of Cedar Popery and Slavery like two Sisters goe hand in hand somtimes the one goes first somtimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an Illustrious Nobility a Gallant
Grey Chandos Grey Howard Herbert Rockingham Townshend Holles Delamer And was personally presented to His Majesty by four Earls and five Barons viz. Huntingdon Clare Stamford Shaftesbury North Grey Chandos Grey Howard Herbert With whom the Earl of Bedford had personally joyn'd but that by a sudden indisposition he was prevented It was delivered by the Earl of Huntingdon in the name of the rest of the subscribed Lords And they were introduced to His Majesty by his Highness Prince Rupert His Majesty was graciously pleased to return this answer That he would consider of what they had offered and could heartily wish that all other People were as sollicitous for the Peace and Good of the Nation as he would ever be But on the Twelfth His Majesty of his Princely Wisdom thought fit to prorogue the Parliament from the 26 of January until the 11th of November next ensuing Near this time this Noble Peer recovered out of a violent and dangerous fit of sickness So endless were the designs and Conspiracies of the Papists against this Noble Peer that notwithstanding they met with many disappointments in their Attempts the Almighty Providence protecting his Innocence from their ●…ellish Machinations that now another Female Agent is discovered for Tampering with Mr. Dugdale to retract what he had sworn before King and Parliament towards the detection of the damnable popish Plot the sum of Two Thousand pounds was offered him by one Mrs. Price and divers great persons named by her to be security for the payment of it in case he would sign such a Recantation and affix the Odium of a Protestant or Presbyterian Plot on some of the Protestant Peers and others of known Loyalty and Integrity to their Prince and Country particularly on the Right Honourable the Earl of Shaftesbury Of which ●…rous design Mr. Dugdale being at that time touched with some remorse at such a horrid Villany gave his Lordship an account which occasioned the miscarrying of that foul and traitorous Enterprise Nor were they wanting in their famous Method and Artifice in calumniating and throwing dirt on the Reputation of this Noble Peer which is a faculty they are very famous for and on the account of which they may particularly value themselves ●… For now a Pacquet of base Libels and Treasonable Reflections were by the Penny-Post transmitted to a Printer and Copies of the same dispersed about the parts of Westminster full of venemous and malicious slanders and Imputations tending to the taking away the life of this Protestant Earl and divers other Peers of Right Honourable Account But the Printer detesting so black a design published an Invitation to any person that would detect the Author or publisher of that infamous Libel And now we are got into such a Bog of Plots Sham-plots Subornations and Perjuries as the History of no Age can parallel 'T was the mode for discarded Varlets Irish Skip-kennels and indigent extravagants to be treated and treating one another with no less than the Assurances of vast and mighty Fortunes and Employments in places of Trust and Honour on condition they would lustily swear the Plot upon the Presbyterians but none of these cursed projects were ever proposed but the Earl of Shaftesbury was principally though with many other Noble Heroes to be charged as the chiefest Agent in it To this purpose David Fitz-Girald one of their notorious Evidences endeavours both by Bribes and Threats to draw divers others of his Countrey-men and Complices to join with him in the Catholick Design They had been disappointed at the Ponyard and Pistol nor could have opportunity to dispatch him that way the remembrance of Sir Edmund-Bury Godfreys Cravat and the Assassination of Justice Arnold were caution sufficient to any discerning Protestant and now that method had been so shamefully and notoriously detected and cast such a just Odium upon their party other means must be attempted nothing so suitable to their Genius as an Oath and it is no marvel if those who can't ordinarily discourse without discharging loud 〈◊〉 of Blasphemies and Execrations the embellishment of whose comm●…ik is the Rhetorick of their 〈◊〉 and Dam●…e's If such I say should at some 〈◊〉 or other make their loose Breath serve them to better purpose and swear themselves into Estates and Offices Fitz-Girald had store of Guinnys he ch●…nks them lustily and shews them to Mr. Hetherington besides divers Five-pound-pieces of Gold telling him this should be done to the man that was loved with divers other Invitations to come over and transfer the popish Plot in Ireland on the Protestants This was deposed by Mr. Hetherington before the Lord Mayor of London In January before the meeting of the Parliament at Oxford we find the Earl of Shaftesburys hand amongst other Noble Peers affixed to a Petition and Advice to His Majesty requesting His Majesty that the Parliament might ●…it at W●…minster And because the 〈◊〉 Petition and Advice 〈◊〉 all through it such unque●…able marks of a most tender Duty and ●…ction to His Majesties person It may not be improper here to insert it to obviate the evil surmises of some who would stain the most loyal performances with imputations of a contrary nature At the delivery of the Petition and Advice the Right Honourable the Earl of Essex is said to have made the following Speech May it please Your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by your late Proclamation your Majesty hath declared an Intention of calling a Parliament at Oxford and observing from Histories and Records how unfortunate many such Assemblies have been when called at a place remote from the capital City as particularly the Congress in Henry the Seconds time at Clarendon Three several Parliaments at Oxford in Henry the Thirds time and at Coventry in Henry the Sixths time with divers others which have proved very fatal to those Kings and have been followed with great mischief to the whole Kingdom And considering the present posture of Affairs the many Jealousies and Discontents which are among the People we have great cause to apprehend that the consequences of sitting of a Parliament now at Oxford may be as fatal to your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to your Majesty or to the People if we being Peers of the Realm should not on so important an occasion humbly offer our Advice to your Majesty that if possible your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which we humbly present to your Majesty To the Kings most excellent Majesty The humble Petition and Advice of the Lords undernamed Peers of the Realm Humbly sheweth THat whereas your Majesty hath been pleased by divers Speeches and Messages to your Houses of Parliament rightly to represent
and the Lord Howard but that he also advised her to do it as the only means to save his Life though he protested at the same time that they were wholly innocent She likewise deposeth that a certain Gentleman whose Name shall be for born assured her that she should have what summs of Money she pleased if she would accuse the Earl of Shaftesbury and Lord Howard as the Authors of the said Libel But they have tampered with so many on the account of this baffled Design that it 's impossible but their consults should take wind especially when we consider they were a people that either to supply their necessities or feed their ambition or more probably through an irresistible Fatality had blab'd and discovered the very Arcana of Holy Mother and had spoke so unseasonably just in her ●…ip that they had spoiled her Game What security could the Romish Sophisters have but that these crackt Vessels would prove as leaky again when under the force of a Temptation But they had such a Modly of Evidences as is almost comical to consider There were the Mac's and the Mounsieur's the Midwife and the Priest the skipkennel and the Newgate-Birds the Justice and the Bog-trotter the Counte s and the Kitchin Wench No discourse was heard among them But Captains places Deanries Rewards Gratuities Preferments and as much Money as you will They were advanced from Bonny-Clapper to Clarett and Frontineack from Torneps and Oat cakes to Oysters Pheasants from Brogues and Bandle to Velvet and Cloath of Silver They discoursed of his Majesty as if they had been of his Council and of his great Ministers as if had been their Confederates But there hath been so much said of these upon Depositions taken before divers of the Magistrates of the Nation that I shall take no farther notice of them before I proceed to Captain Wilkinson's Information only insert one passage of David Fitz-Girald and it was given in upon Oath by Mr. E. E. who hath approved his Loyalty to the King upon many occasions and in divers difficult and tempting Instances his Deposition was That David Fitz-Girald told him he would swear Treason against the Earl of Shaftesbury and procure others to do the like and that if he would second him in the said Accusation he should be highly considered Such was the Impudence of this wretched man not only to seek the Lives of the Innocent and to reflect upon his superiours but to procure and subo●… mercenary Souls to involve themselves in the same cursed and Diabo lical Designs Captain Wilkinson was a Gentleman that had always espoused the Royal Interest and hazarded his Life and Fortune in the service of his Prince but having not had that success that a brave and industrious man might expect he applied himself to the Proprietors of Carolina to obtain an Employment in that Country and upon that score had a promise of the Lord Shaftesbury in consideration of his great sufferings for His Majesty of a considerable and honourable Employment there but was unfortunately made a Prisoner in the Kings-Bench for Debt before he could enter upon that Employment of which he gives a satisfactory account in his Information a breviate of which take as follows from the Printed Narrative This person being known to be under very ill Circumstances and in some measure acquainted with the Earl of Shaftesbury they thought very proper to work over to their design for could they have obtained it his Evidence having been a person of a standing credit would have struck deeper than all the Mac's about the Town Therefore on the 8th of Octob. 1681. one Walter Bains came to him at the Kings-Bench Prison and after some infinuating discourse told him that he could not but know much of the Lord Shaftesbury's Designs against the King and that he might do well to discover it to him that he had an Interest with the Lord Hyde and had lately been with Mr. Graham by which it seems the Captain apprehended what was the meaning of his kindness but constantly asserted that he knew nothing of my Lord Shaftesbury's Designs against His Majesty but had cause to believe the said Earl loves his Majesty for that he was always pleased to shew the Captain Respect upon account of his services to the King Mr. Bains continued his importunities on the same Subject to the Captain until near night and then left him full of great assurance and promises to see him in few daies not much questioning the Captains knowledge of the Earls Design W. Narrat On the 11th of the same month one Booth came to him upon the same design and after much discourse told the Captain he had now an opportunity to do himself a greater kindness than ever for he might have either 10000 l. or 500 l. per Annum settled on himself or his Heirs if he would but discover what he knew of the Lord Shaftesbury and his Design in changing the Government to a Common-wealth and witness against him He further told him now was the time to do something that would advance him for it must now be a King or a Common-wealth much more was then urged to induce the Captain to it to which he gave such Answers as might encourage Booth to go on with his Proposals In the mean time the Captain imparts this Affair to another person in the King's-Bench and desired him to put it in writing lest he should be tempted with what offers were made that in such case if he should ever declare that he knew any thing of a Design against the King by the Lord Shaftesbury that then this person should witness the Truth against him the said Captain and further that the Captain would still give the said person a full account of all Negotiations about that Affair Mr. Booth told him he must appear at Court and he should have an assurance of a Reward from some persons of Honour the Captain told him he would not trust any Courtier he knew for a Groat W. Narrat On the 12th of Octob. they were at the Captain again and plied him with Wine and good words to work upon him to come in a Witness against the L. Shaftesbury telling him he might be assured of what he desired from the E. of H. and the L. H. He told them if they would give him 20000 Guinys towards his own and his friends losses by Injuries sustained he would discover what he knew but still said he knew nothing of any Design by my Lord Shaftesbury Much more was transacted in this matter as is more at large set forth in the Captain 's Information But at length they came on the 15th day with a Warrant which the Marshal shewed him whereby he was compelled to go to Whitehall In a short time after his coming thither he was conducted to Mr. Secretary Jenkins's Office where was also my Lord Conway who very fairly and honestly interrogated him concerning what he knew about my Lord
THE Compleat Statesman Demonstrated in the Life Actions and Politick●… Of that great Minister of State Anthony Earl of Shaftesbury Containing An Historical 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 London Printed for Benjamin Alsop at the Angel and Bible and Thomas Malthus at the Su●… in the Poultry 1683. A View of the most Remarkable Transactions of that great Minister of State Anthony Earl of Shaftesbury Baron Ashley of Wimbourn S. Giles's and Lord Cooper of Pawlett Descended from the Antient and Honourable Family of the Coopers of Wimbourn St. Giles's in the County of Dorset IT was an excellent Caution of the Moralist de vivis nil nisi verum de mortuis nil nisi bonum which if the Relators of our Age adhered to there could not be so many base reflections on the Living nor such inhumane Reproaches of the Memories of the Dead as we daily see imposed upon the too credulous World so that we often see the gallant actions of the most Heroick and generous smutted bespattered with false palpably scandalous Imputations and on the other side persons of little Figure small Demerit guilded and vernished with all the applause and encomium due to the Brave and Noble It is therefore the design of this small Tractate not to write after either of these two Copies but to manage this discourse with that deference to truth and the knowledg of the present Age that calumny it self may not find where to fasten upon any part of the ensuing Relation Nor would I have the Reader imagine that any design of being seen in P●…int or of reflecting on the present Administration of publick Affairs hath occasion'd the writing hereof but having heard that several Pens were employed in a work of this nature and being sensible likewise of the present detracting Genius before hinted I thought I might in some measure gratifie the inquisitive World by a sincere and candid Relation of the naked truth of things Some men may object that it cannot be thought proper to expose the Reputation of any person in an Historical way until he hath acted out his part be fairly gone off the Stage no more than it would be for a Naturalist to dissect a living person to discover the soundness of his vitals But as it 's reported of Queen M●…ry that on her Death-bed she said Had there been a Window to her Breast they might have seen Callis in her heart So doubtless could there be a view taken of the in-side of this Noble Peer we might see his heart filled with Loyalty to his Prince Love to his Country Zeal for the Protestant Religion the Settlement of which only can secure us from the Attempts of His Majesties and His Peoples Enemies Ye●… if it be a truth that the Actions of men are Mirrours in which their Souls are discerned we may by taking a view of some of the most remarkable Passages of his Life in some measure calculate the Dimensions and Complexion of his Soul The wisest of Kings tells us That in the 〈◊〉 of Councellor●… there is strength and how much it is the Interest of Princes to advance men of the highest Qualifications into such Trust the Experience of all Ages testifieth The Affairs of the Publick receive their Exaltation or their De●…ment from their Advices and according to the Qualifications and Inclinations of those great Ministers may be calculated the Fate of Kingdoms This hath obliged Monarchs to take to their Councils men of the largest Prospect the greatest Eloquence and steddiest Principle to the Interest of the Government persons knowing in the Laws and Constitutions of the Kingdom whereof they are Members that Espouse the Interest of their Country with an Inviolable Resolution of adhering to it with the hazard of their dearest Lives and Liberties such as prefer the Concern of the Publick above their own private Satisfactions and Enjoyments that dare deny themselves for the good of the Prince And of this sort without Encroachment on the just Acquirements of any other Minister we may affirm this Noble Peer to be With what Admirable Polity did he influence and manage the Councils he was concerned in during the Inter-Regnum towards His Majesties Interest With what exquisite Subtilty did he turn all the Chanels of their Councils to swell this Stream And how unweariedly did he ●…ugg at the Helm of State till he had brought his great Master safe into the desired Port A sense of these his great Abilities and Firmness to the publick good still kept him up in the Esteem of the Country who would alwaies chuse him one of their Representatives in the great Emergencies of State They knew him to be one of those that could not believe Prerogative to be incompatible with Property but as he believed that Motto Rex Legis Tutamen so he would not have that other Grex Regis Tutamen to be rejected In the year 1656 when a Parliament was chosen without the consent of the People and to serve a a private Interest we find him amongst those Worthies that Remonstrated against that Arbitrary proceeding for none were admitted into the House but such as received a Certificate in the following Form Comt. Bucks These are to certifie that is returned by Indenture to serve in this present Parliament for the said County and approved by His Highness Council Sept. 17. 1656. Nath. Taylor Clerk of the Commonwealth in Chancery Hereupon Complaint being made to the House that some persons returned for Members were not admitted into the House upon the question it was Resolved That those persons should make their Application to the Council for Approbation Hereupon several of the Members that were chosen to serve in Parliament and not Returned published a Remonstrance wherein they claimed the priviledge of the Antient Fundamental Laws and their Birth-Right as Freemen of England But the Remonstrance being much too large to be here inserted I shall only present you with one or two Paragraphs as a Specimen of those brave Hero's Resolution against a Protectorian Invasion And the greatness of their Courage and brave English Gallantry will be the more conspicuous if we consider this was done when the then Protector was in his Zenith when almost all Europe trembled before him and he gave Law to the Neighbour-Princes when he had in his hand that Thunder that had shook the Nation off her very Foundations And the House too filled with those who either were or seemed to be his Creatures Yet in a general Defiance of this so potent Conquerour did those Noble Patriots amongst other things Remonstrate When our Worthy Ancestors have been met
Attorney was pleased easily to answer the Objection of one of my Council if a great Minister be so Committed he hath the Cure of a Pardon a Prorogation or a Dissolution But if the Case should be put why Forty Members or a greater number may not as well be taken away without Remedy in any of the King's Courts he will not so easily answer and if in this case there can be no Relief no man can foresee what will be hereafter I desire your Lordship well to consider what Rule you make in my Case for it will be a President that in future Ages may concern every man in England My Lord Mr. Attorney saith you can either Release or Remand me I differ from him in that Opinion I do not insist upon a Release I have been a Prisoner above Five Months already and come hither of Necessity having no other way to get my Liberty and therefore am very willing to tender your Lordship Bail which are in or near the Court as good as any are in England either for their Quality or Estate and I am ready to give any Sum or Number My Lord This Court being possest of this business I am now your Prisoner The Court delivered their Opinion Seriatim Mr. Justice Jones Mr. Justice Wild Lord Chief Justice Reimsford Mr. Justice Twisden was absent but he desired Justice Jones to declare that his Opinion was that the Party ought to be remanded which being the sense of the Court his Lordship was Remanded by the Court. His Lordship being denied Redress in the Court of King's-Bench he continued a Prisoner in the Tower until the following February and on the Fourteenth of that Month presents a Petition to the House of Lords then Sitting wherein his Lordship makes a very humble Submission both to the King and House of Peers and for better satisfaction here is inserted what was said to be a Transcript of the Proceedings of that House relating to that Affair Die Jovis Feb. 14. 1677. A Petition was presented to the House from the Earl of Shaftesbury wherein he humbly submits himself to their Lordships pleasure and is ready to make acknowledgment and submission according to their directions but in regard it did not appear to this House that his Lordship had made his Acknowledgment to His Majesty after some Debate the Petition was rejected Die Mercurii Feb. 20. 1677. A Petition from the E. of Shaftesbury was presented to the House and Read as follows To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled The Humble Petition of Anthony Earl of Shaftesbury Sheweth THat your Petitioner on the 16th of Feb. 1676. was Committed Prisoner to the Tower of London by your Lordships because he did not obey your Lordships Order where he hath continued under Close Confinement to the great decay of his Health and danger of his Life as well as prejudice of his Estate and Family In all humble Obedience therefore unto your Lordships he doth acknowledge that his Endeavouring to maintain that this Parliament is Dissolved was an ill-advised Action for which he humbly begs the Pardon of the King's Majesty and of this most Honourable House and doth in all humble Duty and Observance to your Lordships beseech you to believe that he would not do any thing willingly to incur your displeasure Wherefore your Petitioner in all humble Duty and Obedience both to His Majesty and your Lordships hath made his humble Submission and Acknowledgment in his most humble Petition unto the King 's most Sacred Majesty and is ready to make his further Submission to His Majesty and this Honourable House according to the direction thereof And he doth most humbly implore your Lordships That you will be pleased to restore him to your Favour and discharge him from his Imprisonment And your Petitioner c. Shaftesbury This being Read the Lord Chancellor acquainted the House that His Majesty had received a Third Petition from the E. of Shaftesbury more submissive in Form than ☞ the Two First But His Majesty understanding that the Earl of Shaftesbury hath endeavoured to free himself from the Censure of this House by Appealing to the King's-Bench to have their Judgments thereupon during the late Adjournment doth not think fit as yet to signifie his pleasure as to his Discharge until this House hath taken that matter into consideration So that at that time the House refused to Address to the King for a Discharge for the said Earl but entered on a Debate concerning his Appeal from this House to the King's-Bench for an Habeas Corpus which Debate was again resumed the day following and the Records of the King's-Bench produced by which it did appear that two Rules of Court had been obtained upon the Motion of the E. of Shaftesbury's Council Trin. Term 1677. and the Returns thereupon were Read by which it did appear that the Earl of Shaftesbury was Committed the 16th of Feb. 1676. by this House for a Contempt and then the Remittitur of the Earl of Shaftesbury to the Tower was also Read After this a Petition from the Earl of Shaftesbury to this House was Read wherein his Lordship took notice of an Order of this House of the 20th Instant for bringing the Records of the Court of King's-Bench into this House concerning the Matter of an Habeas Corpus brought by him that he takes himself to be greatly concerned and to have a Right to be present and heard when any Debate of any new matter against him is entered upon That he cannot pretend but that he may have erred for want of a President to guide him and being deprived of the benefit of Council by reason of his close Confinement and being resolved not to do any thing willingly that might in the least offend His Majesty or their Lordships he humbly takes this opportunity to give further Evidence thereof by casting himself at their Lordships feet and as he hath humbly begg'd the Pardon of His Majesty so he beggs also the Pardon of this House for having offended them in any thing whatsoever This having been Debated a long time the House at last came to this Resolution following Resolved and declared That it is a breach of the Priviledge of this House for any Lord Committed by the House to bring an Habeas Corpus in any Inferiour Court to free himself from that Imprisonment during the Session of Parliament Resolved That the Earl of Shaftesbury shall have Liberty to make his full Defence notwithstanding the Resolution and Declaration aforesaid Die Veneris Feb. 22. The House sent a Warrant to the Constable of the Tower to bring the Earl of Shaftesbury to the Bar of this House on the Monday following accordingly on the Monday following the Earl of Northampton Constable of the Tower brought the Earl of Shaftesbury to the Bar of the House where having kneeled the Lord Chancellor gave him an account of the foregoing Resolution of the House Whereupon the Earl of
to them the dangers that threaten your Majesties Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the sudden growth of a foreign Power unto which no stop or remedy could be provided unless it were by Parliament and an Union of your Majesties Protestant Subjects in one mind and one Interest And the Lord Chancellour in pursuance of your Majesties commands having more at large demonstrated the said dangers to be as great as we in the midst of our fears could imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would certainly be lost if a speedy provision was not made against them And your Majesty on the 21st of April 1679. having called unto your Council many Honourable and Worthy Persons and declared to them and to the whole Kingdom That being sensible of the evil effects of a single Ministry or private Advice or foreign Committee for the general Direction of your Affairs your Majesty would for the future refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament your Majesty was hereafter resolved to govern the Kingdom We began to hope we should see an end of our Miseries But to our unspeakable grief and sorrow we soon found our expectations frustrated the Parliament then subsisting was prorogued and dissolved before it could perfect what was intended for our relief and security And tho another was thereupon called yet by many prorogations it was put off till the 21st of Octob. past and notwithstanding your Majesty was then again pleased to acknowledge that neither your Person nor your Kingdom could be safe till the matter of the Plot was gone through It was unexpectedly prorogued on the 10th of this Month before any sufficient Order could be taken therein All their just and pious Endeavours to save the Nation were overthrown the good Bills they had been industriously preparing to Unite your Majesties Protestant Subjects brought to nought The discovery of the Irish Plots stifled The Witnesses that came in frequently more fully to declare that both of England and Ireland discouraged Those foreign Kingdoms and States who by a happy conjunction with us might give a check to the French Powers disheartned even to such a despair of their own security against the growing greatness of that Monarch as we fear may enduce them to take new Resolutions and perhaps such as may be fatal to Us the Strength and Courage of our Enemies both at home and abroad encreased and our selves left in the ●…tmost danger of seeing our Country brought into utter desolation In these extremities we had nothing under God to comfort us but the hopes that your Majesty being touched with the groans of your perishing People would have suffered your Parliament to meet at the day unto which it was prorogued and that no further interruption should have been given to their proceedings in order to their saving of the Nation But that failed us too so then we heard that your Majesty had been prevailed with to dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in safety but will be daily exposed to the Swords of the Papists and their Adherents of whom too many are crept into your Majesties Guards The Liberty of speaking according to their Consciences will be thereby destroyed and the validity of all their Acts and Proceedings consisting in it left disputable The straitness of the place no way admits of such a concourse of persons as now follows every Parliament The Witnesses which are necessary to give Evidence against the popish Lords such Judges or others whom the Commons have impeached or had resolved to impeach can neither bear the charge of going thither nor trust themselves under the protection of a Parliament that is itself evidently under the power of Guards and Souldiers The Premises considered We your Majesties Petitioners out of a just abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful apprehensions of the calamities and miseries that may ensue thereupon do make it our most humble Prayer and Advice that the Parliament may not sit at a place where it will not be able to act with that freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the people and have ever had unless impaired by some Awe upon them of which there vvants not precedents and that your Majesty would be Graciously pleased to order it to sit at Westminster it being the usual place and where they may consult vvith Safety and Freedom And your Petitioners c. Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Essex Shaftesbury Mordant Ewers Paget Grey Herbert Howard Delamer In October during the Session of the last Parliament it is very remarkable that Francisco de Faria Interpreter to the Portugal Ambassadour amongst other high matters relating to the popish Plot gave it in his Information at the Bar of the House He declared that the said Ambassador had tempted him to kill the Earl of Shaftesbury by throwing a Hand-Granado into his Coach as he was passing the Rode into the Country And about the 20th of Novemb. one Zeal being called to the Bar of the House delivered his Information at the Bar the purport whereof was this That being a Prisoner in the Marshalsea Mrs. Cellier came divers times to him and treated with him not only to be Instrumental himself but to procure others to Assist him to fire His Majesties Ships as they lay in the Harbour as also to swear against the E of Shaftesbury such Art●…es of High Treason as she should get ready prepared for him or to that purpose To sum up the many various Methods and Waies that were devised and put in execution to cut off the Life of this Noble Peer would be Task enough to fill many Volumes The Jesuites next to the Attempting His Majesties Life set all their Inventions and Engines on work to make away the Earl of Shaftesbury he was the Beam in their Eye the Clog that hindered the motion of their Curst Designs What have they not attempted that might render him distastful to the King throwing the foulness of their own Treasons upon him as appears by the Deposition of Brian Haines before the Council in Octob. 1681. That David Fitz Girald told the said Brian Haines that he the said Fitz Girald possessed His Majesty and had given it under his hand and Seal that the late Plot was a Presbyterian Plot and Invented by the Right Honourable Anthony Earl of Shaftesbury on purpose to Extirpate the Family of the Stuarts and dethrone his present Majesty and turn England into a Common-wealth or else set the Crown upon the Earls own Head with more to this purpose of which we shall have occasion to make farther mention when we come
to the Tryal of the said Earl and shall therefore now hasten to the Meeting of the Parliament at Oxford where Business of as high nature was agitated as ever came before the consideration of a Parliament no less than the preservation of the King's Majesty the Protestant Religion and the good people of England all which were now as much as ever Invaded by the Bloody Designs of the Papists This Parliament met the 21th of March 1681. in the Convocation-House at Oxford The House of Lords Sare in the Geometry School where was a Throne and State Erected for His Majesty in which His Majesty being Seated in His Royal Robes declared himself to both Houses to the Effect following That the unwarrantable Proceedings of the last House of Commons were the reason of his parting with them for that he who would never use Arbitrary Government himself would not suffer it in Others That whoever calmly considered the Assurances he had renewed to that last Parliament and what he had Recommended to them His Forein Alliances the Examination of the Plot and the Preservation of Tangier and reflect upon their unsuitable Returns might rather wonder at his Patience than that he grew weary of their Proceedings that it was his Interest and should be his Cause as much as Theirs to Preserve the Liberty of the Subject the Crown not being safe when that is in danger That by Calling this Parliament so soon he let them see that no Irregularities of Parliament should make him out of love with them by which means he gave them another opportunity to provide for the Publick Security and had given one Evidence more that he had not neglected his part That he hoped the ill Success of former Heats would dispose them to a better Temper That as for the further prosecution of the Plot Trial of the Lords c. he omitted to press them as being obvious to consideration and so necessary for the Publick Safety But desired them not to lay so much weight upon any One Expedient against Popery as to determine that all other were ineffectual That what he had so often declared touching the Succession he should not recede from But that to remove all reasonable fears that might arise touching the possibility of a ` Popish Successor if means could be found out that in such a case the Administration should remain in Protestant hands he should be ready to hearken to any such Expedient by which Religion might be secured and Monarchy not destroyed Lastly He advised them to make the known and Establisht Laws of the Land the Rule and Measure of their Votes The 22th the Commons having chosen their Speaker presented him to His Majesty in the Lords House Little beside was done until the 25. when the House considered an Act for Repeal of the Act 35 Eliz. which had passed both Houses in the last Parliament but had not been tendered to His Majesty for his Royal Assent A conference was desired with the Lords as to matters relating to the constitution of Parliaments in passing of Bills Another Message was ordered to be sent to the Lords to put them in mind that the Commons had form●…ly by their Speaker demanded Judgment of High Treason at their Bar against the Earl of Danby and therefore to desire their Lordships to appoint a day to give Judgment against him the said Earl upon the said Impeachment The same day the Examination of Edward Fitz-Harris relating to the popish Plot was read in the House upon which the said Examination was ordered to be Printed the said Fitz-Harris to be impeached at the Lords Bar and a Committee appointed to draw up Articles against him But the House of Lords rejected the Impeachment of Mr. Fitz-Harris whereby a stop was put to their proceedings And on the 28th in the morning the Commons were sent for to the House of Lords where His Majesty told them That their Beginnings had been such that he could expect no good success of this Parliament and therefore His Majesty thought fit to dissolve them And my Lord Chancellor having declared them dissolved His Majesty came the same night to White-Hall I must beg the Readers pardon if he think I have in this Relation deviated from my Theam which was the Earl of Shafton but nothing of a popish Plot hath been yet brought upon the stage wherein he hath not been level'd at he certainly knowing how destructive the Interest of the Papists is to the Government and People of England hath set himself to the hazard of his Life and Family to oppose them The next thing that appeared on the Booksellers stalls was a paper with this Title The Protestation of the Lords Upon rejecting the Impeachment of Mr. Fitz-Harris giving for Reasons why it was the undoubted Right of the Commons so to do because great Offences that influence the Parliament were most effectually determined in Parliament nor could the complaint be determined any where else For that if the party should be indicted in the Kings-Bench or any other inferiour Court for the same offence yet it were not the same suit an Impeachment being at the suit of the People but an Indictment at the suit of the King Besides that they conceived it to be a denial of Justice in regard that the House of Peers as to Impeachments proceeding by vertue of their Judicial not their Legislative Power could not deny any suitor but more especially the Commons of England no more than the Courts of Westminster or any other inferiour Courts could legally deny any suit or criminal cause regularly brought before them Signed according to the Printed Copy by the following Peers Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Sunderland Essex Shaftesbury Maclefield Mordant Wharton Paget Grey of Wark Herbert of Cherbury Cornwallis Lovelace Crew Finding the Earl of Shaftesburys Name amongst the other Noble Peers and Patriots I thought it not improper to insert the copy in this place it being the last Act of that great Man upon the publick stage For since that time he hath rather been passive as will further appear by the remaining Discourse We shall only remember that at his return from Oxford the Earl left a massy piece of Plate as a Gift to Baliol Colledg as also did that Heroick Prince James Duke of Monmouth which will be to posterity a Testimony of their Magnificence and Bounty And now to return to what remains for the finishing this Tragical story I shall mention only what is already printed either in Captain Wilkinson's Information Colledg's Trial or else is matter of Fact or set forth in the Trial of this great Peer himself Only I cannot omit that on the 15th of Aug. 1681. Mrs. Fitz-Harris gave a deposition upon Oath that her Husband a little before his Execution not only told her what great offers he had made him if he would at first have charged that Infamous and Treasonable Libel for which he was after executed on this worthy Peer
timely prevented that there is no hurt done yet the very Design if it be but uttered and spoken and any waies signified by any Discourse that this was made Treason by this Act. Formerly it was said and said truly That words alone were not Treason but that since this Act words that import any Malicious Design against the King's Life or Government any Traiterous Intention in the Party such words are Treason now within this Act. Then as to the Indictments that were to be brought before them he advised them to consider 1. Whether the matter contained in them and which were to be given in Evidence were matter of Treason within the former or the latter Act of Parliament and if they doubted they were to enquire of the Court and they should be directed as to matter of Law And they were to examine whether the matters Evidenced to them were Testified by two Witnesses for without two Witnesses no man could be Impeached within those Laws If one man should swear to words that import●… 〈◊〉 〈◊〉 〈◊〉 D●…sign or Intention 〈◊〉 〈◊〉 〈◊〉 time and in one place and another Testifie to Traiterous words spoken at another time and another place that these were two good Witnesses which had been solemnly resolved by all the Judges of England upon a solemn occasion 2. That they were to enquire whether upon what Evidence should be given them there should be any reason or ground for the King to call the persons to account if there were probable ground it was as much as they were to enquire into He urged pretty much to this purpose and then told them Compassion or Pity was neither their Province nor his that there was no room for that in Enquiries of such a nature that it was reserved to a Higher and Superiour Power from whence theirs was derived Therefore he required them to consider such Evidence 〈◊〉 should be given them and prayed God to direct them in their Enquiry that Justice might take place Then a Bill of High ●…son reason was offer'd against the E. of ●…esbury and Sir Francis Withc●… moved that the Evidence might be heard in Court Then the Lord Chief Justice told the Jury that the King's Council desired and they could not deny it that the Evidence might be publickly given and prayed them to take their places and hear the Evidence that should be given The Jury desired a Copy of their Oath which the Court granted and then withdrew after some time they returned and then the Clerk called them by their Names Then the Foreman gave the L. C. J. an account that it was the Opinion of the Jury that they ought to Examine the Witnesses in private and it hath been the constant practice of our Predecessors to do it and they insisted upon it as their Right to Examine in private because they were bound to keep the K's Secrets which could not be done if the Examination were in Court Whereupon the L. C. J. told 'em that perhaps some late usage had brought them into that Errour that it was their Right that the Witnesses were alwaies sworn in Court and surely he said Evidence was alwaies given in Court formerly That it was for their advantage as well as the King 's that nothing might be done clandestinly that by their keeping Counsel was meant keeping secret their own private Debates To which the Foreman replied That he begg'd his Lordships pardon if he were in a mistake The Jury apprehend they were bound by the very words of their Oath to Examine in private for it says They shall keep the King 's Secrets and their own Counsels That there could be no Secret in publick Then Mr. Papillion spoke to this purpose That they had heard that what had been the Custom of England had been the Law of England and if it had been the Antient Usage and Custom of England that had never been altered from time to time Divers other Arguments were used on both sides but at last the Court denied a private Examination then the Foreman told the Court that the Jury desired it might be Recorded that they had insisted upon it as their Right but if the Court over-ruled it they must submit This was likewise refused by the Court. Then Sheriff Pilkington desired that the Witnesses might be put out of Court and called in one by one but he was refused it and told it was not his Duty And Mr. Attorney General said he appeared against the King However it was afterward granted to the Jury Then was Read the Indictment against Anthony Earl of Shaftesbury for High Treason against His Majesty which being too long here to insert we are forced to omit The Jury desired a ●…ist of the Witnesses Names but they were told they would have them Endorsed on the back of the Indictment when that was delivered to them Then the Foreman acquainted the Court that the Jury desired a Copy of the Warrant by which the Earl of Shaftesbury was Committed because there might several Questions depend upon it But my Lord Chief Justice answered That was not in the power of the Court to grant for that it was in the hands of the Lieutenant of the Tower which he kept for his Indemnity and they could not demand it of him upon any terms Then Mr. Papillion moved that they might hear what the Witnesses had to give in Evidence one by one and that after the Jury might withdraw to consider what proper Questions to ask them and after might come down again which the Court granted Then all the Witnesses were ordered to go out of the Court and to be called in one by one This done Will. Blith●… Esq was produced and a Paper delivered in Mr. Blithwayt gave account that that Paper was put into his hands by Mr. Gwin Clerk of the Council who had seized it amongst others in my Lord Shaftesbury's house and that he had took that and others out of a Velvet Bagg which Mr. Gwin had lockt up in the great Trunk Then Mr. Gwin testified that he had the great Hair Trunk in my Lord Shaftesbury's house when he was sent there to search for Papers by Order of the Council the second of July my Lord as soon as he came there delivered him the Keys and said He would seal them up with his own Seal but afterwards sent Mr. Gwin word if he pleased he might put his own Seal that he had taken a note how he had parted several parcels of Papers that there were several sorts of them in the great Hair Trunk and there was a Velvet Bag into which he had put some Papers that were loose in my Lord's Closet above Stairs that he had put his Seal upon the Trunk and being sent another way had put it into the Custody of Mr. Blithwait The Lord Chief Justice asked Mr. Gwin whether all the Papers in the Velvet Bag were in my L. Shaftesbury's Closet and whether there was nothing in that Bag but what he had taken in