delightful view of the languishing Spectators wherein they plainly law the happy Issue of those Policies and Councils that were before Riddles too mysterious for vulgar understandings to unfold or once imagine whither they tended or where they would terminate by the following Resolves of both Houses Resolved by the House of Peers That they do own and declare That according to the Ancient and Fundamental Laws of this Kingdom the Government is and ought to be by King Lords and Commons Resolved That a Committee of Eight Lords do joyn with a Committee of the House of Commons to consider of an Answer to His Majesties gracious Letter and Declaration Resolved by the House of Commons That a Committee be appointed to prepare an Answer to His Majesties Letter expressing the Great and Joyfid sense of this House for his Gracious Offers and their humble and hearty Thanks to His Majesty for the same and with professions of their Loyalty and Duty to His Majesty And that this House will give a speedy Answer to His Majesties Gracious Proposals Resolved That the sum of 50000 1. be Presented His Majesty from this House The receiving those Letters and the Parliaments compliance therewith was no sooner reported to the City but the Citizens were almost overwhelmed with Joy the harmony of the Bells and the flaming Piles which inlightened every Street surrounded with incredible Shouts and Acclamations of Joy were sufficient demonstrations of the infinite pleasure and satisfaction they took in this no less wonderful then happy Revolution and the several Counties taking the Alarm from London contended which should out-vie each other in expressions of Loyalty and Joy Then the Parliament proceeded to draw up a Letter in Answer to His Majesties subscribing it to the Kings most Excellent Majesty desiring him speedily to return to the Exercises of his Kingly Office appointing Commissioners to go over to Holland and attend His Majesty during the remainder of his stay there and in his return to England Of these Commissioners there were six for the House of Lords for the House of Commons Twelve whereof our great Patriot was one and Twenty for the City of London Instructions being delivered to the Commissioners they set Sail for Holland in several Frigats appointed by the Parliament to attend them and after some danger by bad Weather they Landed at the Hague whither His Majesty was then removed from Breda where he had resided some time before as being a place nearer and more convenient for his Shipping the disposal whereof and of the whole Fleet was remitted to His Majesties pleasure General Montague having received Orders from the Parliament to Obey His Majesties Orders and Directions therein The Commissioners were no sooner arrived but they went and waited on His Majesty and with all imaginable Respect and Veneration delivered their respective Messages and behaved themselves according to the Instructions they received from their Principals beseeching His Majesty in the name of his Parliament and People to return and re-assume the Scepter assuring him That he should be infinitely welcome without any terms They were received by his Majesty with a Port and Grace like himself and entertain'd with extraordinary Favour and Magnificence In the mean time the Parliament Proclaim'd the King which was perform'd with all the Joy Splendour and Magnificence that Love or Loyalty could inspire The chief Lords of the House of Peers and the most eminent of the House of Commons the Lord General together with the Lord Mayor and Aldermen all in their Coaches attended by the whole Militia of the City waited upon and assisted in the Ceremony and the Shouts and Acclamations of the crouding Multitudes was so extraordinary that although all the Bells throughout the City and Suburbs were at that time Ringing yet their noise was not to be heard The King preparing for his Return was magnisicently Treated by the Dutch and highly Complimented by all the Forraign Ambassadours And the Dutch knowing that they should thereby very much please the King enlarg'd their Civilities to our great Patriot and the rest of the Commissioners from the Parliament and City treating them by their Deputies to their great content and satisfaction Whilst this great Adventurer for the Royal Cause continued in Holland one day as he was doing his Duty in waiting on his Soveraign had the unhappiness to be overthrown in a Carravan whereby he received an unfortunate Wound in his side between the Ribs which in time came to an Exulceration and was in the year 1672. when he was Lord Chancellour forc'd to be opened The Operation was performed by Mr. Knolls the Chyrurgeon by the Advice and Direction of the famous Doctor Willis and supposed to be the greatest Cure that ever was done upon the Body of Man From whence we may learn the hard Fate which sometimes attend the most commendable Actions since this which was the greatest mark and ensign of Loyalty should be made the matter of the greatest Obloquy and Reproach most of those malicious Pamphlets that have been written against him being filled with Invectives grounded upon the Story of the Tap. Oh monstrous Ingratitude His Majesty having prepared all things in readiness Embarqued for England the Royal Charles being appointed for that purpose And was attended by the Commissioners and a numerous Company of English Gentry and waited on by General Mountague with the whole Fleet and having a fair and gentle Gale Landed at Dover May 25. where he was met by the General and chief Nobility and so conducted to Canterbury Rochester and Darkford and from thence to London where His Majesty found the Lord Mayor and Aldermen ready in a Tent which was pitcht in St. Georges Fields to receive him the several Regiments being there placed in Order made a Lane for his Majesty to pass through the Sword being delivered him according to Custom he re-delivered it and after a splendid Treat proceeded into London by Southwark from the Bridge to Temple-Bar the Streets were Railed on one side with Standings for the Liveries and on the other with the Train'd Bands and sevefal Companies of Gentlemen Volunteers in White Doublets under the Command of Sir John Staywell through which His Majesty passed in a Splendid and Triumphant manner being bravely attended by Sir Anthony and the rest of the Commissioners of the Parliament and City together with all the principal Nobility and Gentry of England with innumerable others and so he passed to White-hall where both Houses of Parliament waited his Arrival whose Speakers in elegant Speeches acquainted him with the Felicity and Happiness they conceiv'd in this happy Revolution The Friday following His Majesty went the private way to the House of Lords and after having made a short Speech signed those Acts which were ready for the Royal Assent And not long after proceeded to the choice of his Privy-Council and in consideration of the great Esteem he had for Sir Anthony Ashly Cooper nominated him for one of them Wisely considering
you will take into your consideration this necessary addition of charge And after His Majesties conclusion of His Speech let me conclude nay let us all conclude with blessing God and the King Let us bless God that he hath given us such a King to be the Repairer of our Breaches both in Church and State and the restorer of our paths to dwell in That in the midst of War and Misery which rages in our Neighbour Countries our Garners are full and there is no complaining in our Streets And a Man can hardly know that there is a War Let us bless God that hath given this King signally the hearts of His People and most particularly of this Parliament who in their Affection and Loyalty to their Prince have exceeded all their Predecessors A Parliament with whom the King hath many years lived with all the Caresses of a happy Marriage Has the King had a concern You have wedded it Has His Majesty wanted Supplies You have readily chearfully and fully provided for them You have relied upon the Wisdom and Conduct of His Majesty in all His affairs so that you have never attempted to exceed your bounds or to impose upon Him whilest the King on the other hand hath made your Counsels the foundations of all His proceedings and hath been so tender of you that he hath upon His own Revenue and Credit endeavoured to support even Foreign Wars that he might be least uneasie to you or burdensom to His People And let me say that tho' this Marriage be according to Moses's Law where the Husband can give a Bill of Divorce put her away and take another Yet I can assure you it is as impossible for the King to part with this Parliament as it is for you to depart from that Loyalty Affection and Dutiful Beha viour you have hitherto shewed towards Him Let us bless the King for taking away all our Fears and leaving no room for Jealousies For those Assurances and Promises He hath made us Let us bless God and the King that our Religion is safe That the Church of England is the care of our Prince That Parliaments are safe That our Properties and Liberties are safe What more hath a good English man to ask but that this King may long Reign and that this Triple-Alliance of King Parliament and People may never be dissolved The King having about that time made Si Edward Turner Speaker of the House of Commons Lord Chief Baron of the Exchequer the Lord Chancellor acquainted them therewith and recommended to them His Majesties Pleasure for their Electing a new Speaker in the following Speech My Lords and you the Knights Citizens and Burgesses of the House of Commons HIs Majesty hath commanded me to tell you That he hath many things to say to you but he thinks not this a proper time but will defer it till the House of Commons be compleated with a new Speaker For His Majesty hath since the last Session as a mark of His Favour to His House of Commons and that he might reward so good a Servant taken their late Speaker Sir Edward Turner to be Lord Chief Baron of the Exchequer and called him by Writ to be an Assistant to this House I am therefore commanded to acquaint you Gentlemen of the House of Commons That it is the Kings Pleasure you repair to your House and Elect a Discreet Wise and Learned man who after he hath been by you Presented and that Presentation by His Majesty admitted shall then possess the Office of your common Mouth and Speaker And the King is pleased to be here to Morrow in the Afternoon to receive the Presentment of him accordingly The Commons having Elected Sir Job Charlton to be their Speaker who being by them Presented to the King Addressed himself to His Majesty in the following words Most Gracious Sovereign THe Knights Citizens and Burgesses of the House of Commons in Obedience to your Royal Command have proceeded to the Choice of a Speaker They have among them many worthy Persons eminently qualified for so great a Trust yet with too favourable an Eye have cast it upon me who am really conscious to my self of so many infirmities rendring me much unsit for so great an Imployment And although my endeavours of excusing my self before them have not been successful yet they have been so Indulgent as to permit me to continue my endeavours therein before Your Majesties most piercing and discerning Judgment The Veneration due to Majesty which lodgeth in every Loyal Breast makes it not an easie matter to speak before Your Majesty at any time or in any capacity But to speak before Your Majesty in Your Exaltation thus gloriously supported and attended and that as Speaker of Your House of Commons requires greater Abilities then I can pretend to own I am not also without fear That the Publick Affairs wherein Your Majesty and Your Kingdom in this Juncture of time are so highly concern'd may receive detriment through my weakness I therefore with a plain humble heart prostrate at Your Royal feet beseech That You will Command them to review what they have done and to proceed to another Election To which the Lord Chancellour made the following Answer Mr. Serjeant Charlton THe King hath very attentively heard your discreet and handsome Discourse whereby you endeavour to excuse and disable your self for the place of Speaker In answer whereof His Majesty hath commanded me to say to you That he doth in no sort admit of the same For his Majesty hath had long experience of your Abilities good Affection Integrity and Resolution in several employments of great Trust and Weight He knows you have been long a Parliament-man and therefore every way fitted and qualified for the Employment Besides he cannot disapprove the Election of this House of Commons especially where they have expressed so much Duty in choosing one Worthy and Acceptable to him And therefore the King doth allow of the Election and admits you for Speaker Sir Job Charlton seeing his excuse could not be admitted but that notwithstanding his Majesty had confirmed the Commons Choice by his Royal Approbation spake as follows Great SIR SInce it is Your Gracious Pleasure not to accept of my humble Excuse but by Your Royal Approbation to six me under this Great though Honourable Weight and to think me sit to be invested with a Trust of so high a nature as this is I take it in the first place to be incumbent upon me that I render Your Majesty all possible thanks which I now humbly do with a heart full of all Duty and affected with a deeper sense of Gratitude then I can find words to express Next from Your Royal Determination in this Affair whereby you have imprinted a new Character upon me I take courage against my own diffidence and chearfully bend my self with such strength and abilities as God shall give to the Service so graciously designed me no way doubting that Your Majesty
drawing near the Members from all parts repaired thither and apprehending themselves in danger of being exposed in a place so remote from London to the Insolency of the Papists upon the account of that Vigilency and Courage wherewith they had prosecuted the Popish Plot in former Parliaments they appeared there with a Guard some of them being accompanied thither by their Tenants and Neighbours some by the Freeholders by whom they were chosen and many of them only by their own Domisticks And to say the Truth the whole number was so inconsiderable that it served rather for Ornament than Strength and could have afforded but little assistance if the Papists had made an assault upon them as was feared Going thus attended to Parliaments holden at places remote from the Royal City hath alwaies been usual and customary and accounted not only honest but desent and honourable too especially in times of difficulty and danger when not only a Suspition but unquestionable Evidence and undeniable Proof of a design to destroy the King murther His Subjects and subvert the Government renders it foolish and unsafe to do otherwise least thereby the innocent and unwary expose themselves to the insolence and fury of their stronger Adversaries But notwithstanding this antient and laudable Custom it was looked upon at this time as an ill thing and great improvement made thereof towards the effecting what had been formerly so often unsuccessfully attempted as will appear by the sequel of this History The King having made preparations for His Journey to Oxford went first to Windsor and from thence to the University being met upon the Border of the County by the High Sherift and his Attendance and at Wbateby by the Lord Norris Lord Lieutenant of the County with a great Train of Gentry and the two Troops of the County Militia who conducted him to the East-Gate of the City where he was received by the Mayor and the rest of the Magistrates and welcomed by the Recorder in an elegant and florid Oration Then the Mayor presented him with the Mace Sword which being return'd again the Mayor attended with the Aldermen and Recorder carried the Mace before His Majesty to Christ Colledge-Gate from whence the King passing to His Lodgings which were prepared for him in the Colledge was received by the Bishop and welcomed in a Latin Speech which he made on his Knees And the next morning His Majesty was attended by the Vice-Chancellor the Orator and the rest of the Officers belonging to the University The Orator making a Speech to the King in Latin and to the Queen in English His Lordship and divers other persons imitated those of other parts and went to Oxford accompanied likewise with several persons of their Neighbours and Acquaintance who Innocently offered to wait on them some part of the way and others throughout to Oxford On the 21st the Parliament met at the Convocation House The King told them he had not parted with His last House of Commons had it not been for their unwarrantable proceedings he commended to them the prosecution of the Plot c. Having ended his Speech the Commons returned to their House to chuse themselves a Speaker and unanimously made choice of Mr. Williams who had been Speaker of the former Parliament the choise being over they presented him to His Majesty and the Speaker Addressing himself to the King acquainted Him That the Commons according to His Majesties command had proceeded to choose them a Speaker and to shew that they were not given to change they had chosen him and that he did according to their command prostrate himself at His Majesties Feet to receive his pleasure with a Head and Heart full of Loyalty to His Sacred Person Armed with a settled Resolution never to depart from His antient and well settled Government The King having approved of the choice and confirmed him for Speaker the Commons withdrew and repaired to their own House and settled Elections c. On the 25th they entered upon the consideration of the Matter relating to the Bill which had passed both Houses in the last Parliament for repeal of the Act of the 35th of Elizabeth but was not tendred to His Majesty for the Royal Assent and resolved that a Messenger should be sent to the Lords to desire a Conference thereupon Another Message was also ordered to be sent to the Lords to put them in mind that they had formerly by their Speaker demanded judgment of High Treason at their Bar against the Earl of Danby and therefore desired them to appoint a day to give judgment against him upon their Impeachment The Impeachment of Fitz-Harris was next entered upon in order whereunto his Examination being-read in the House they ordered it to be Printed and that Fitz-Harris should be impeached at the Lords Bar and a Committee appointed to draw up Articles against him The House ordered Sir Lionel Jenkins to carry up the Impeachment to the Lords which he at first refused but perceiving the Commons were ready to proceed against him for that Contempt he complied and went up and impeached Fitz-Harris at the Bar of the Lords House in the Name of the Commons and People of England The Impeachment of Fitz-Harris being thus delivered to the Lords they rejected it whereupon his Lordship and Eighteen Peers entered their Proestation against their throwing of it out The Commons likewise Voted it to be illegal and the next Morning March 28th His Majesty sent for them into the House of Lords and told them that their beginnings had been such that he could expect no good of this Parliament and therefore thought fit to Dissolve them and accordingly the Chancellor by the Kings Command Declared the Parliament Dissolv'd By this unexpected and suddain Dissolution a final conclusion was put to all their Debates and all their further examinations of and prosecuting the Popish Plot was terminated by a full Point The Parliament being thus Dissolv'd the King took Coach immediately and departed to Windsor the same day and after a few hoursstay returned to Whitehall and the Earl likewise returned to London having first left as a mark of his magnificence and bounty a piece of Plate to Baliol Colledge With this Parliament we may conclude the Active part of his Lordships Life for about that time the Scene alter'd and he becomes only passive in the remainder of his Life in relating the Storms whereof I am fallen into such a Laborinth of Plots Sham-Plots misterious Intreagues Subornations and Perjuries and confident Affirmations of moral Impossibilities as no Age ever produced or History can parallel so that it cannot be expected I should Write an exact History thereof but the Reader must be content to let it remain as a considerable part of the Mystery of Iniquity until such time as he to whom all things are open and naked shall bless the World with a full and clear discovery of the secret But as a commical Prologue to the intended Tragedy
find him amongst the Creatures of his Cabinet 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 was 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 Tyranny And when the Rump had again usurped the Power into their hands they endeavoured to oblige him by nominating him to be one of their Council of State and one of the Commissioners for the managing their Army Notwithstanding which he continued his Intelligence with and Endeavours for the Restoration of his Soveraign So that we find him accused before them for keeping Intelligence with the King and for having raised Men 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 was really guilty if there could be any Guilt in Loyalty and an honest endeavour to free his Country from those deplorable miseries under which it then groaned for indeed he was a principal contriver of the Business being one of the secret Cabal and had always kept Intelligence with Sir George and had raised a party in Dorset-shire to joyn with him which upon the miscarrying of the Design timely dispersed themselves And although no man knew better then he how to obviate the Reasons of the House and plead his own Cause yet he was not without great difficulty cleared and discharged of that Imputation by the Rump who shortly after intrusted him with the Custody of the Tower of London the Command of a Regiment of Horse and gave him with six others to assist him the Government and Command of their Army So that now he began to advance the great work of Restoring his Majesty with more success and speed than before To which end he and Eight more who had been of the Old Council of State sent a Letter to General Monke to proceed in his generous Undertakings for the advantage and settlement of the three Nations and perswaded him to come to London in order to the better prosecuting what he had so well begun Whereupon the General having disposed and ordered all things according to his desire advanced towards England accompanied with several English Gentlemen who held correspondence with him and being acquainted with the Generals Designs went thither on purpose to accompany him hither where he was no sooner arrived but he was highly Honoured and Complemented by the Rump and made one of the Council who was to order and dispose of publick Affairs but to qualifie them for this Trust they were to have an Oath imposed upon them wherein they were to abjure the Royal Family But that being directly contrary to the generous Designs of those two Noble Patriots of the Royal Cause and bold Adventurers for the Interest of their injured Soveraign the one by his Head to contrive and the other by his Arms to execute what was contrived as well as assist in Counselling and Advising They opposed it as unreasonable and a Snare to their Consciences and by their influence upon Colonel Morly procured it to be so warmly opposed that both Oath and Council fell and came to nothing Doctor Clarges having happily discovered that Lambert and others were making parties and drawing Forces together to oppose their Loyal Designs repaired immediately to Sir Anthony accounting him the fittest person to be acquainted with a business of that nature being not only firm to the Kings Interest but by his Wisdom and Policy knew how to undermine those who were averse to it wherefore having related the particulars to him desiring him to communicate it to the Council and prevail with them to take speedy care about it lest if neglected it should prove of dangerous consequence Which he did accordingly and so managed the Council that timely care was taken in it and even that attempt of Lamberts which in it self threatened the contrary was by his Skill dexterously managed for the advantage of his Majesties Interest and the hastening his happy Restoration General Monke having forced the Parliament to admit the secluded Members they were no sooner seated in the House but they fell to such kind of work as plainly discovered to all intelligent Men what would be the Issue of those things which were then transacted for they ordered the Release of all those who were Imprisoned for Petitioning for a Free Parliament together with the Members of the Common-Council of London They inlarged the Generals Commission constituting him one of the Generals at Sea Discharged Sir George Booth and others committed upon the account of his Rising and ordered the Examination of him and his Lady to be taken off the File and given to them Then having appointed a free Parliament to meet in the April following they Dissolved themselves appointing a Council of State to govern in the mean while consisting for the most part of Loyal Gentlemen whose Names were as follows Arthur Ansley Lord President William Pierpoynt John Crew Richard Knightly Colonel Popham Colonel Morley Sir Anthony Ashley Cooper Sir Gilbert Gerard Lord St. John Sir Thomas Widdrington Sir John Evelin Sir William Waller Sir Richard Onslow Serjeant Maynard Sir William Lewis Colonel Montague Colonel Hanly Colonel Norton Denzill Hollis Sir John Temple Colonel Tompson Sir John Trever Sir John Holland Sir John Poltis Colonel Birch Sir Harbottle Grimston John Swinton John Weaver Colonel Rossiter Lord Fairfax Lord General Monke This Council was so influenc'd by the two great Contrivers and Managers of the happy change that everything done by them tended to the furthering thereof And April 25. 1660. the new Parliament met in both Houses which was the most considerable step they had yet made towards the accomplishing their great End and gave an entrance to and made way for the perfecting the whole Contrivance For His Majesty immediately hereupon dispatcht away Sir John Greenvil who was afterwards created Earl of Bath with Letters to both Houses of Parliament and General Monke which were delivered to them upon the first day of May being but the seventh day after the opening of the Parliament together with his Majesties gracious Declaration to all his Loving Subjects Wherein he expresses abundance of compassion and tenderness to the Nation which had been so long harrass'd by an unnatural War These Letters and the Declaration were received by the Parliament with a Joy and Veneration so extraordinary that I find my self at a loss for words wherewith to express it And their pleasure and satisfaction was such that in an extasie of Joy they suddenly drew the Curtain and exposed the Beautiful and Glorious Scene to the
thrown down or some such like ominous accident had happened and with abundance of earnestness renewed the motion for calling the Duke to the Bar but there were too many Lords between for that motion to succeed and advice was brought every moment from the House of Commons that the things was yet in agitation among them which gave his Lordship an opportunity to appear with extraordinary vigour in defence of the Duke's Person and his Proposal so that the Earl seem'd more properly another Principle than the Duke's Second Whereupon the Lord Chancellor therefore undertook on the contrary to make the Prorogation look very formidable laying the best colour upon it and the worst upon his Opponants Thus for five or six hours it grew to be a fixed Debate many arguing it on both sides in a regular method until they received the welcome News that the Commons were risen without doing any thing whereupon the greater number called for the Question and had it in the affirmative that the Debate should be laid aside And thus being flasht but not satisfied with their Victory they fell desperately upon them who had affirmed the dissolution the same night and the next day voted his Lordship with the Duke of Buckingham the Earl of Salisbury and the Lord Wharton to be commited to the Tower under the Notion of Contempt during his Majesties and the Houses pleasures The Contempt for which they were committed was their refusing to recant their Opinions and ask pardon of the King and the House of Lords notwithstanding the liberty and freedom of Speech which His Majesty verbally and of course allows them at the opening of every Parliament The Warrant for the committing his Lordship together with the Earl of Salisbury and the Lord Wharton ran Thus ORdered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of his Majesties Tower of London his Deputies shall reserve the Bodies of James Earl of Salisbury Anthony Earl of Shaftsbury 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 your sufficient Warrant on that behalf J. Brown Cler. Par. To the Constable of the Tower THE four Lords continued in the Tower so long that the Parliament was several times Adjourned during their Confinement which his Lordship bore with abundance of patience and incredible chearfulness considering the many weaknesses and infirmities of Body he then laboured under They expected to have been Released at least of course by Prorogation but Adjournments was so much in use at that time that it made them despair of being releived that way wherefore finding no end of their Captivity they looked upon the procuring their Liberty to deserve as much care as others took to retain them in durance to which end they each of them chose the method he judged most proper The Duke of Buckingham the Earl of Salisbury and the Lord Wharton upon their application to His Majesty by a Petition were enlarged But Shaftsbury could not come off so for having made his Addresses to His Majesty in an humble Petition to be restored to his Liberty and the Favour of his Majesty he found the Royal Earl deaf to his Sute and no relief to be obtained that way Whereupon his Lordship applied himself to the Court of Kings-Bench the constant Residence of His Majesties Justice whether he was brought Wednesday Jan. 27. 1677. upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower and there being some dispute about the sufficiency of the Return his Council prays to have the Return filled and Friday appointed to debate the sufficiency of it which being granted the Earl was re-manded back again unto the Tower On Friday morning his Lordship was brought up again and then the Case was strongly and learnedly argued on both sides and after the discussing the Point about the sufficiency of the Return then Mr. Williams Mr. Wallop and Mr. Smith who were Council for his Lordship gave divers weighty Reasons in the Earls behalf that the Court might and ought to relieve him The Attorney and Solicitor Generals argued the contrary shewing divers Causes why that Court could not relieve a person committed by Parliament So soon as they had done the Earl stood up and in an Elegant Speech spake for himself and directing him self to the Court delivered himself to this Effect 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 Kings Council Mr. Attorney and Mr. Solicitor that inforces 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 spoken by any direction of mine What is done by my Council and by me is That this Court is the most proper place to resort unto in those Cases where the Liberty of the Subject is concerned The Lords House is the Supream Court of Judicature in the Kingdom but yet there is a Jurisdiction which the Lords House do not meddle with The Kings Council mentioned as a wonder that a Member of the Lords House should come hither and thereby diminish the Jurisdiction of that Court I acknowledg them to be superiour to this or any Court in England To whom all Appeals and Writs of Error are brought and yet there is a Jurisdiction that they do not challenge and which is not natural to them or proper for them They claim not to meddle in Original Cases 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 a Power or Jurisdiction which is not natural or proper to their Constitutions I do not think it would be any 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 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 Lords House and to lay wait on the word Member It 's true I am one of them and no man hath a greater reverence and esteem for the Lords than my self But I hope my being a Peer or a Member of either House shall not lose my priviledg of being an English-man or make me to have the 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 Kings Royal Assent can not make a Session because the usual Promise was not in it It was without any instruction of mine that he mentioned that Point The Kings Council tells your Lordships of the Laws and Customs of Parliaments 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 my self to than the way I take Mr. Attorney confesseth that the Kings Pleasure may Release me without the Lords if so this Court is Coram Rege This is the proper place to determine the Kings Pleasure This Court will and ought to judge of an Act of Parliament null and 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 Mr. Attorney General saith this Parliament is yet in being yet I take it something ill that he tells me I might have applied elsewhere My Lords they speak much of the custom of Parliament but I do affirm there is no custom of Parliament that ever their own Members should be put out of their own power and the inconveniences will be endless Mr. Attorney was pleased easily to ansiver 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 there can be no relief in this Case no Man can foresee what will be hereafter I desire your Lordships well to consider what Rule you make in my Case for it will be a president that may in future Ages concern every Man in England My Lord Mr. Attorney saith you either can 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 came 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 Estate or Quality and I am ready to give any sum or member My Lords this Court being now possest of this business I am now your Prisoner The Court having heard all that could be said pro and con on both sides delivered their Opinions Seriatim one of the Judges indeed was not there in Person but he adventured hower to shew the exactness of his Justice to depute Judge Jones to speak for him when it came to his turn and declare although he had not heard what his Lordships Council or himself could say that it was his Opinion his Lordship ought to be remanded and the rest of the Court unanimously concurring with the Opinion of their absent Brother he was by them remanded back again to the Tower according And thus his Lordship being denied redress in the Court of Kings-Bench remained a Prisoner in the Tower until the February following and then on the fourteenth of that Month the Parliament being then sitting he presented a Petition to the House of Lords wherein he makes a very humble submission both to His Majesty and the House of Peers but they objecting against the Petitions he had presented to His Majesty as not having made a satisfactory acknowledgment of his Crimes after some debate rejected this Petition Whereupon the weak condition he was then brought into by his confinement requiring speedy enlargement he presented another Petition to His Majesty and likewise to the House of Lords in both which he renued his Supplication to be released from his imprisonment And not only acknowledged with all humble submission That his endeavouring to maintain the Parliaments being Dissolv'd was an ill advised Action and so must every Man acknowledg who will strive in vain to sail against Wind and Tide but in the most submissive Terms assured them that he was ready to make what further acknowledgment and submission they should require and that in the way and manner too which they should please to direct yet unfortunate Earl he could not obtain his Liberty upon these Terms neither another pretence being then laid hold on for the prolonging his Imprisonment Which was the horrid Crime of endeavouring his enlargment by applying himself to the Court of Kings-Bench in order to his being admitted to Bail And yet a certain Gentleman in the World who had at that time a mighty influence upon Affairs and improved this imaginary fault as much as possible to the prejudice of the Earl hath since that time been himself guilty of the supposed Crime And not only so but hath rendred himself also more pertinacious therein by his reiterated applications to that Court to take Bail for him His Lordships Second Petition to the House of Lords was as follows To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled The humble Petition of Anthony Earl of SHAFTSBVRY Sheweth THat your Petitioner on the 16th of February 1676. was committed Prisoner to the Tower of London by your Lordships because he did not obey your Lordships Order where he hath continued in 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 Kings 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. SHAFTSBVRY THis Petition being read the Lord Chancellor acquainted the House that His Majesty had received a Third Petition from the Earl of Shaftsbury more submissive than the two former But His Majesty understanding
cannot long continue in the English hands if some better care be not taken of it This is in your Power and there is not bing 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 But His Majesty had another kind of esteem for his Lordship for not long after the making of this Speech having Dissolv'd His Privy Council and chosen a new one he was pleased to constitute the Earl President thereof a Place so considerable for Honour and Trust that it hath not been enjoyed by any Subject for many years and was improv'd by him as much to the advantage of His Majesty and the Protestant Interest as possible And when the Bill for excluding the Duke of York had passed the House of Commons as the only expedient they could find out to suppress the Designs of the Papists and prevent their ever introducing the Popish Religion into England they sent it up to the House of Lords where his Lordship was one of those Honourable Lords who Voted for its passing that House in order to its being offered to His Majesty for His Royal Assent The Grand Jury returned for the Hundred of Osalstone in the County of Middlesex in June the 2d 1680. finding the Constables defective in not presenting the Papists as they ought it was ordered they should make further presentments by the 16th of that Instant upon which day they met again to receive them when likewise a Bill against D. Y. for not coming to Church was brought before them together with the following Reasons for his being indicted subscribed by the persons undernam'd First Because the 25th Car. 2d when an Act was made to throw Popish Recusants out of all Offices and Places of Trust the Duke did then lay down several great Offices and Places as Lord High Admiral of England Generalissimo of all His Majesties Forces both by Land and Sea Governour of the Cinque Ports and divers others thereby to avoid the punishmant of that Law against Papists Secondly 30. Car. 2d when an Act was made to disable Papists to sit in either House of Parliament there was a Proviso incerted in that Act That it should not extend to D. Y. on purpose to save his right of sitting in the Lords House though he refused to take those Oaths which the Protestant Peers ought to do Thirdly That His Majesty in His Speech March 6th the 31st year of his Reign doth give for a Reason to the Parliament why he sent His Brother out of England Viz. Because he would leave no Man Room to say that he had not remov'd all Causes which might influence him to Popish Councils Fourthly That there hath been divers Letters read in both Houses of Parliament and at the secret Committee of both Houses from several Cardinals and others at Rome and also from other Popish Bishops and Agents of the Pope in other Forreign Parts which do apparently shew the great Correspondencies between him and the Pope and how the Pope could not choose but weep for joy at the reading of some of his Letters and what great satisfaction it was to the Pope to hear that he was advanced to the Catholick Religion as likewise that the Pope hath granted him Briefs sent him Beads and ample Indulgencies with much more to this purpose Fifthly The whole House of Commons hath Declared him to be a Papist in their Votes Sunday April 6th 1679. wherein they resolv'd nemine contradicente that the Duke of York's being a Papist and his hopes of coming such to the Crown had given the greatest countenance and encouragement to the present Conspiracy and Designs of the Papists against the King and the Protestant Religion Sixthly That besides all this Proof and much more to this purpose it is most notorious and evident he hath for many years absented from Protestant Churches during Religious Worship These are the Reasons why we believe him to be a Papist this was subscribed and delivered by his Lordship together with the Earl of Huntington and the Lords Grey of Wark Russel Cavendish Brandon and Wharton as also by Sir William Cowper Barronet Sir Gilbert Gerrard Barronet Sir Edward Hungerford Knight of the Bath Sir Scroop How Thomas Thinn Esq William Forrester Esq and John Trenchard Esq But whilst the Jury were in debate of the Matter they were sent for up by the Court of Kings-Bench and dismist so that nothing was done upon it more than the Juries having receieved the presentment Wherefore on Wednesday July the Thirtieth the former Lords Knights and Gentlemen with the addition of the Lord Clare Sir John Cope Barronet Sir Rowland Gwynne and Mr. Wandsford presented the same to a second Grand Jury who were discharged as the former But whilst his Lordship was thus vigorously prosecuting the Popish Plot in the face of danger the Papists were as vigilent in contriving his ruine though with somewhat more secrecy and silence resolving to seize the Prey before they gave the least Alarm or Notice of their intention as appear'd by their close Caballistical Designs carryed on against this Earl and all the rest of the Protestant Nobility and Gentry in England wherein Mr. Dangerfield was a considerable Agent having been for that purpose fetcht out of Newgate by the Papists who hoping to reap a vast advantage by having him to manage their Affairs willingly disburst a large sum to discharge his Debts The first sangunary work they imployed him in was to attempt the Murther of his Lordship promising him 500 pounds for so acceptable a service as they apprehended it to be he inquired the Reason why they thirsted after his Life and how there might be any probable way proposed whereby it might be accomplished to which it was answered That as to the first they should be glad to have him out of the way because if they were rid of him as they were of Sir Edmondbury Godfrey it would be no difficult thing to bear down all the rest of their Opposers As to the second They affirmed it to be as easie as desirable since said the Lord P s my Man Wood was at Thannet House two nights since upon pretence of an Errand but his business was to view the House and observe what conveniences there were to make his escape after the fact was done assuring him that Wood found the thing so feasable that after he came back he declar'd himself sorry that he was not provided to have done it then And to encourage him to undertake this sanguinary enterprise with the more chearfulness he gave him Ten Guinneys in hand as an assurance that the full reward should be paid so soon as the fatal stroak should be given Promising moreover that Mr. Regaut a Virginia Merchant of Mrs. Celliers acquaintance should come to him on Sunday following to instruct him in
and Affection Duty and Loyalty to His Majesty's Person and Government humbly requesting that the Parliament summoned to meet at Oxford might be Graciously permitted to meet and sit at Westminster It was presented to His Majesty by the Earl of Essex who acquainted the King with the design and intent of their Petition in the following words 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 the 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 Advise 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 Spechees and Messages to Your Houses of Parliament rightly to present to them the dangers that threaten Your Majesties Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the suddain growth of a forreign Power unto which no stop or remedy could be provided unless it were by Parliament and an Vnion of Your Majesties Protestant Subjects in one Mind and one Interest And the Lord Chancellor 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 forreign 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 October 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 Vnite 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 forreign 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 Vs the Strength and Courage of our Enemies both at home and abroad encreased and our selves left in the utmost 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 dayly 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 it self 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 wants not presidents 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 with Safety and Freedom And Your Petitioners c. Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Essex Shaftsbury Mordent Ewers Paget Grey Herbert Howard Delamer BUt His Majesty resolving not to alter His Resolution for the Parliaments setting at Oxford and the time of their metting
by no other Rule or Law than his pleasure as if he were their Absolute Lord and had bought all the People of England for his Slaves Doubtless he would pretend only to have Conquered England at his own Expence and were there as much Truth as there is Falshood in that pretence yet he could not but know that the Right of the Peoples Deputies to their Antient Powers and Priviledges would remain good against him as against their publick capital Enemy Whom every man ought to destroy until by some agreement with the Body of the People in Parliament some sort of governing Power in him were submitted unto that hereby he might cease to be a publick Enemy and Destroyer and become a King or Governour according to the conditions accepted by the People and if he would so pretend he could not be so discharged from his publick Enmity by any Condition or Agreement made with a part of the Peoples chosen Deputies whilst he shut out the other part for no part of the Representatives Body are trusted to consent to any thing in the Nations behalf if the whole have not their free Liberty of Debating and Voting in the Matters propounded If he would pretend no higher than to be our Conquerour who for Peace and his own safeties sake was content to cease from being a publick Enemy and to be admitted a Governour he would not compass those ends by forcibly excluding as now he does whom he pleases of the Representative Body of People who were to submit to him on the Peoples behalf therefore he either takes upon him to be such a Conqueror as scorris the Peoples acceptance of him by their Representative as their Governour and fears not to remain a publick Enemy or else he takes himself to be such an unheard of Soveraign that against him the 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 pour out 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 Ashley Cooper was chief and many others of great Loyalty and Integrity some whereof are since dead but many yet survive and as a reward of their Loyalty enjoy Places of Honour and Profit under his present Majesty By this we may easily discern the Opinion he had of the Illegal and Arbitrary proceedings of Cromwell and how much of the sufferings of the Loyal Party would have been prevented had that point of a free Parliament been then gained and consequently His Majesties Restauration must have happened sooner than it did This Remonstrance had not power enough however to work their present admission into the House so that that part of a Parliament which was suffered to sit did every thing to the desire of Cromwell answering both those ends for which they were Convened viz. the raising Money and confirming his Title which was no sooner done but he Prorogued them until he had occasion to Fleece them again which interval was laid hold on by this true English Gentleman as a fit opportunity to engage them when they met again to do themselves and the Nation Justice by admitting him and the rest of the Members that were kept out by the Protector to take their place in Parliament and so managed some of the Members who were moderate men that they resolved not to be so basely trampled on by the Tyrant any longer The Prorogation being expired the Parliament make their appearance at Westminster where the Protector makes a fair Speech to them promising them strange things if they would go on and prosecute his Designs But notwithstanding this Speech the Commons were no sooner retired to their House than Cromwell discovered to his no small perplexity that the Face of his beloved Parliament from whose tractableness and compliance he had promised himself the greatest happiness imaginable was strangely altered For they presently fell to Voting That no Member legally Chosen and Returned could be excluded from performing their Duty but by consent of Parliament and thereupon immediately proceeded to the calling over their House and admitted Sir Anthony and the rest who had subscribed the Remonstrance to the no good liking of the Protector who were no sooner in and the House full but they so influenced the rest that they soon became the majority and began to undo what the others had done in their absence and presumed so far as to question the Tyrants Power Wherefore finding them so bold he concluded it would not be convenient to let a business of so high a nature run too far lest it should if neglected put a period to all his ambitious Designs Wherefore going to his Pageant House of Lords he sent for them and after having made a large Speech to them in the conclusion told them That it did concern his Interest as well as the publick Peace and Tranquility of the Nation to terminate that Parliament and therefore he did then dissolve them and put an end to their Sitting The constant correspondence he alwaies maintained 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 Cromwell 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 which was the only motive that induced the Usurper in the infancy of his Usurpation to nominate him for one of his Council in hope thereby to allure him to his Interest and wheadle and Wire-draw him into a compliance with his ambitious and mischievous designs yet we cannot
That he whose Counsels had been so successful in contriving His Restoration might be highly necessary and very much conduce to the Establishment of Him in His Kingdom and to shew the extraordinary Esteem he had for his Parts and Abilities he advanced him to be one of the first Rank in the Council placing him above his Royal Brother the Duke of Gloncester and even General Monke himself whom his Majesty use to 〈◊〉 Political Father And having in sundry respects saith Sir William Dugdale in his History of the Baronage of England whom we cannot suspect of Partiality manifested his Loyalty to Charles the First and his great Affection to his Country in the late perilous and difficult Times and likewise to our present Soveraign by his prudent and seasonable Advice and Consultation with General Monke in order to His Majesties Restoration in consideration of these his acceptable Services he was by Letters Patents bearing date at Westminster upon the 20th day of April in the Thirteenth Year of His Majesties Raign advanced to the Degree and Dignity of a Baron of this Realm by the Title of Lord Ashly of Wimbourne St. Giles and to the Heirs Males of his Body This Honour was conferred upon him in the banqueting-Banqueting-House at White-hall three days before His Majesties Coronation in order to his assisting in the performance of that splendid Ceremony And when his Majesty was pleased to issue out the Grand Commission of Oyer and Terminer for the Trial of the Regicides directed to several Noble Persons choice was made of this Honourable Lord to be of the number of that Court his Majesty deeming him to be a Person whose Prudence and Loyalty render'd him as deserving of the Honour to which his Majesty therein preferred him as any other contained in that Commission And as if his Majesty had so high a Valuation for his Lordship that he thought his profound Parts and exemplary Loyalty merited a perpetual confluence of Royal Favours he raised him at several times to higher degrees of Honour making him Chancellor of his Exchequer Under-Treasurer of the Exchequer Lord Lieutenant of the County of Dorset and one of the Lord Commissioners of the Treasury But all these being too small to compensate his Merits and demonstrate the Royal Bounty and Princely Gratitude of his Soveraign whose Generous Nature inclines him to delight in nothing more then to reward like a King He was advanced to the Title and Dignity of an Earl being in the year 1672. created Earl of Shaftesbury and Lord Cooper of Paulet to him and the Heirs Males of his Body by Letters Patents bearing date at Westminster upon the 23 d. day of April in the Twenty Fourth Year of his Majesties Raign And in November following upon the Resignation of Sir Orlando Bridgeman his Majesty to gratifie the uninterrupted good Services of the Earl of Shaftesbury Chancellor of his Exchequer and one of the Lord Commissioners of the Treasury was pleased to give unto him the Keeping of the said Great Seal with the Title of Lord High Chancellor of England these are the words of the Gazette being the second Person that had enjoyed that Title since his Majesties Raign Whereby he was placed by his Great Master in the highest Orb that any Subject could possibly move in The Kings Conscience being as it were committed to his Care and Management And with what Prudence and Candour Honour and Integrity he acquitted himself in that great and weighty Imployment the Transactions of the Court of Chancery during the time of his Chancellorship will best testisie Justice then run in an equal Channel so that the Cause of the Rich was not suffer'd to swallow up the Rights of the Poor nor was the strong or cunning Oppressor permitted to devour the weak or unskilful Opposer but the abused found Relief suitable to their Distress and those by whom they were abused a severe Reprehension answerable to their Crimes The mischievous Consequences which commonly arise from the delays and other practices of that Court were by his ingenious and judicious Management very much abated and every thing weighed and determined with such an exact Judgment and Equity that it almost exceeds all possibility of belief And because the Traducers of this Lords Loyalty not only reproach him with the Tap which was an unquestionable Mark of Loyalty and Honour it being got in conducting his Majesty to his Crown and Kingdom but have likewise quarrel'd at his constant Faithfulness to the Royal Interest and endeavour'd to abuse every thing he did for his Majesties Service as they have done the speech he made to the Parliament upon the account of the Dutch War And that the World may see the temper of the Men and upon what ground it is they were his Enemies I have set down the Speech verbatim as follows My Lords and you the Knights Citizens and Burgesses of the House of Commous THe King hath spoken so fully so excellently well and so like Himself that you are not to expect much from me There is not a word in His Speech that hath not its full weight And I dare with assurance say will have its effect with you His Majesty had called you sooner and His Affairs required it but that He was resolved to give you all the ease and vacancy to your own private Concerns and the People as much respit from Payments and Taxes as the necessity of His Business or their Preservation would permit And yet which I cannot but here mention to you by the Crafty insinuations of some ill affected persons there have been spread strange and desperate Rumours which your Meeting together this day hath sufficiently proved both malicious and false His Majesty hath told you that He is now engaged in an important very expensive and indeed a War absolutely necessary and unavoidable He hath referred you to His Declaration where you will find the Personal indignities by Pictures and Medals and other publique affronts His Majesty hath received from the States their Breach of Treaties both in the Surinam and East-India business and at last they came to that heighth of Insolence as to deny the honour and right of the Flag though an undoubted Jewel of this Crown never to be parted with and by them particularly owned in the late Treaty of Breda and never contested in any Age. And whilest the King first long expected and then solemnly demanded Satisfaction they disputed His Title to it in all the Courts of Christendom and made great Offers to the French King if he would stand by them against us But the most Christian King too well remembred what they did at Munster contrary to so many Treaties and solemn Ingagements and how dangerous a Neighbour they were to all Crowned heads The King and His Ministers had here a hard time and lay every day under new Obloquies Sometimes they were represented as selling all to France to make this War Portsmouth Plymouth and Hull were to be given into the
will please to pardon my Frailties to accept of my faithful Endeavours and always to look favourably on the Work of Your own hands And now Sir my first Entrance upon this Service obliges me to make a few necessary but humble Petitions on the behalf of Your most Loyal and Dutiful House of Commons 1. That for our better Attendance on the Publick Service we and our Servants may be free in our Persons and Estates from Arrests and other Disturbances 2. That in our Debates Liberty and Freedom of Speech be allowed us 3. That as occasions shall require Your Majesty upon our humble Suit and at such times as Your Majesty shall judge seasonable will vouchsafe us access to Your Royal Person 4. That all our Proceedings may receive a favourable Construction That God who hath brought You back to the Throne of Your Fathers and with You all our Comforts grant You a long and a prosperous Reign and send you Victory over all Your Enemies and every good mans heart will say Amen To which the Lord Chancellour reply'd Mr. Speaker THe Kings Majesty hath heard and well weighed your short and Eloquent Oration And in the first place much approves that you have with so much advantage introduced a shorter way of speaking upon this occasion His Majesty doth well accept of all those dutiful and affectionate Expressions in which you have delivered your Submission to his Royal Pleasure And looks upon it as a good Omen to his Affairs and as an Evidence that the House of Commons have still the same Heart that have chosen such a Mouth The conjuncture of time and the King and Kingdoms Affairs require such a House of Commons such a Speaker for with Reverence to the holy Scripture upon this occasion the King may say He that is not with me is against me for he that doth not now put his Hand and Heart to support the King in the common cause of this Kingdom can hardly ever hope for such another opportunity or find a time to make satisfaction for the Omission of this Next I am commanded by his Majesty to answer your four Petitions whereof the first being The freedom of you and your Servants in your Persons and Estates without Arrest or other disturbance the King is graciously pleased to grant it as full as to any of your Predecessors The Second for Liberty and Freedom of Speech the Third for Access to his Royal Person And the Fourth That your proceedings may receive a Favourable construction are all freely and fully granted by his Majesty During the time of his Chancellourship he lived at exeter-Exeter-House in the Strand and managed and maintained all things with a Port and Bravery suitable to the Greatness and Dignity of his place exceeding therein all who have enjoyed that Honour in his Majesties Raign as will appear by the manner of his proceeding from his House to Westminster-hall the first day of Hilary Term January 23. being the first Term after his receiving the Seal In the Morning the Twelve Judges and the several Officers of the High Court of Chancery together with the whole Body of the Law repaired to Exeter-house where they were entertain'd at a splendid and magnificent Treat by his Lordship which being ended he proceeded according to the ancient and laudable Custom to Westminster in the following Order First went The Beadles The Constables The High Constable The Tipstaffes The Cryer of the Court The Gentlemen Clerks The Sixty Clerks of the Chancery The Master of the Subpoena Office The Master of the Affidavit The Students of the Inns of Court The Cursitors The Clerk of the Patents The Registers The Barristers at Law The Clerks of the Hanaper The Prothonotary The Clerk of the Crown The Examiners The Clerks of the Petty Bag. The Six Clerks Then proceeded the following Officers being all of them bare The Sealer to the Great Seal The Chafe Wax to the Great Seal The Usher of the Court The Master of the Rolls's Gentlemen The Lord Chancellors Gentlemen The Secretaries The Steward of the House and Warden of the Fleet The Gentleman Usher The Seal-bearer carrying the Purse wherein was the Great Seal The Serjeant at Arms attending the Great Seal carrying the Mace After whom came the Lord High Chancellor himself on Horse-back being richly Array'd The Gentleman of his Horse attended by a Page a Groom and Six Footmen walking along by his Stirrup Next to the Lord High Chancellor followed The Lord Chief Justice The Master of the Rolls The Lord Chief Baron of the Exchequer and the rest of the Judges according to their Seigniority And last of all came The Kings Serjeant at Law The Kings Attorny-General The Kings Solicitor-General The Kings Council The Duke of Yorks Attorny and his Solicitor together with the several Masters of Chancery In which Order they passed all along the Strand by White-hall through Kings-street and so to Westminster-hall the Streets being Lined with abundance of crouding Spectators who were exceedingly pleased with the Decency and Gallantry thereof All the time he enjoyed the Chancellorship he managed it with as much Honour and Advantage to his Majesty as any that ever did or will enjoy it And that not only upon the Bench but in the Senate too wherein he endeavoured to the uttermost of his Power to vindicate his Majesties Actions and by his admirable Eloquence labour'd to prevent or remove any Misunderstandings and Jealousies between the King and his Parliament as appears by the many excellent Speeches he made to the Two Houses when he was the mouth of the King to his People and had the Honour to be more successful therein then any who have succeeded him in that Honourable Station His sentiments of and veneration for his Soveraign and the smooth and charming Eloquence wherewith he fluently expressed himself upon all occasions sufficiently appear in that Speech which he made to the Lord Treasurer December the 5th 1672. upon his taking his Oath before him in the Exchequer My Lord Treasurer THe Kings most Excellent Majesty knowing your Integrity Abilities and Experience in his Affairs and particularly those of his Treasury hath thought fit to make choice of you to be his Lord High Treasurer of England and what necessarily accompanies that place hath by his Letters Patents under the Great Seal made you Treasurer of his Exchequer The Lord High Treasurer of Englands Office is held by the Kings delivery of the White-Staff The Treasurers of the Exchequer hath ever been held by Letters Patents And is that by which your Lordship is more immediately intituled to be a Chief Judge of this Court It were too nice and tedious and peradventure too formal to give an account of the several distinct Powers of these two Offices Reason and the length of time hath now so woven them together But as they are both in your Lordship I may justly say you are in a place of the first Rank as to Dignity Power Trust and Influence of Affairs
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
acquainted the Conspirators with what he had done who ordered him to go again to the King and desire a Warrant to search Accordingly he went to Mr. Cheffinch and was by him brought to His Majesty whom he earnestly sollicited for a Warrant but His Majesty according to His accustomed wisdom sent him again to Secretary Coventry who being no less suspicious of him now than he was before no Warrant was to be obtained from him wherefore the Conspirators being informed they resolved That having proceeded so far they would not be baffled by one difficulty wherefore they commanded him to repair to some of the Custom-House Officers and pretending to inform them where a considerable quantity of prohibited goods that had been Imported were concealed to procure a Warrant to search which was easily granted and two Officers sent to search the House he first carryed them to his own Room for the better colouring the business and having searched there and found nothing he conducted them into the Colonel's Chamber who was at that time abroad where they did upon his assurance that the goods were in that Room make a thorough search breaking open his Trunks and Boxes and with the exactest scrutiny imaginable examined the very Bed-Clothes but no prohibited goods being to be found they were about to depart when Dangerfield intimating that probably they might be hid behind the Bed they presently removed it about three foot from the Wall but could find nothing whereupon Dangerfield stepping forward looked in and seeing the bundle of Papers lying where he had placed them presently cryed What 's that lies there whereupon one of the Officers taking it down and opening it he presently snatched one of the Papers which was the List of Names some Written at length and others only the two first Letters and cryed Here 's Treason The Searcher opening another and beginning to read therein Dangerfield cryed out again There 's Treason likewise in that Paper against His Majesty wherefore the Papers ought to be all seized and the person who owns them if he were present to be secured perswading them to carry the Papers to some Secretary of State However they knowing better what belonged to their own Office than that of a Justice of the Peace refused so to do but carryed them to their own Masters at the Custom-House whereof he informed the Conspirators who fearing least by that means their Design might be spoiled and their hopes frustrated ordered him to go forthwith and tell the King the manner how he had caused the Papers to be seized which he did and His Majesty sent him to call Mr. Secretary Coventry to give some order about it which done he returned and acquainted Mrs. Cellier and the Countess what he had done and that he had the Honour to be in a Room alone with His Majesty Oh! what an opportunity have you lost saies one and how bravely might he have killed the King saies the other if he had been provided And yet these vile Miscreants who could lament Dangerfields not perpetrating so horrid a Crime have the impudence to call themselves Loyalists and are notwithstanding their disloyal Principles and Practices believed to be so by some persons in the World whose pretences to Loyalty and the Protestant Religion made people except other things from them Mrs. Harris being surprised at the finding Treasonable Papers in her House presently went in search of the Colonel and having found him acquainted him with what had happened perswading him to take Lodgings in the City and promised to send his things to him if he would do so but he rejected her advice as pernicious and proceeding only from a Feminine simplicity and timerousness since his so doing would have been censured as a slight and that would have argued Guilt and his personal Guilt would have involved hundreds of other innocent persons in the same Condemnation Wherefore being assured of his own Loyalty and Innocence he went to the Custom-House to know by what Authority his Box was seized and what was become of those Papers which were pertended to be found in his Chamber and was answered That they were all returned to his Lodging again whereupon getting together the Officers of the Custom-House the Master and Mistriss of the House and what other persons were present at the seizure Justice Warcup took their Depositions and found upon the whole matter that it was a malicious Design to involve a great number of Innocent persons in the Guilt of Treason and Rebellion against His Majesty whereupon he made out a Warrant for apprehending him which being delivered to a Constable they went along with him to Mrs. Celliers where he then and the St. Omers Novices formerly had Lodged there the Constable and Warrant found him When he understood their business he exclaimed against Mansel crying out It was his doing thinking thereby to shuffle off his own Guilt but it should not do for he had been that day with the King himself and with Mr. Secretary Coventry and had acquainted them with the business And before he gets home saies he there will be inquiry made for him at his Lodging Well saies the Justice your Hectoring will not serve your turn if you will give security to appear at the Council-Board by Nine of the Clock to Morrow Morning we will give you no more trouble at this time but if not you must go to Prison Whereupon Cellier and her Son-in-Law entered into Recognizance for his appearance at the Council the next day which he did accordingly but as ill luck would have it he unfortunately met with a most unhappy and mischevious accident for as he was going down the Council Stairs he met with Mr. Do'iley an Officer belonging to the Mint who knew him and had formerly prosecuted him for uttering false Guinneys whereupon being conscious of his Guilt and fearing that the Gentleman would undoubtedly have discovered it to the King and Council and thereby have ruined his Credit and spoil the hopeful Design he was carrying on He began without any kind of provocation to Curse and Damn him demanding what he had to say to him and swearing That if he had him out of the Court he would cut his Crown and threatned that when he met him in a convenient place he would revenge the injury Whereat Do'iley being very much surprized and seeing Sir Francis North Lord Chief Justice of the Common Pleas just going to the Council he being one of the Members thereof and as providence ordered came so opportunely as to hear the words that passed between them he steps to him and acquaints him with Dangerfield's Character and complained of the abuse he had then received from him as soon as his Lordship came into the Council Chamber he acquainted His Majesty and the Council therewith who thereupon sent Justice Walcup and ordered him to take Do'ley's depositions concerning Dangerfield ordering moreover a Messenger to take him into Custody which was presently done and he was carryed