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 â—…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 â—…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 â—… 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 commâ—…ik is the Rhetorick of their 〈◊〉 and Damâ—…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 châ—…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 â—…it at Wâ—…minster And because the 〈◊〉 Petition and Advice 〈◊〉 all through it such unqueâ—…able marks of a most tender Duty and â—…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
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 formâ—…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
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 Favâ—…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.
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 â—…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 Artâ—…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
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 〈◊〉 â—…t their complaints before the Lord against their powerful Oppressors hoping he will redeem his people out of the hands of wicked and deceitful Men. This protestation was signed by One hundred and seventeen persons whereof Sir Anthony Ashly Cooper the present Earl of Shaftesbury was one and many others of great Loyalty and Integrity some whereof are since dead and others still alive in great Honour and Office By this may be easily discerned the Opinion he had of the Illegal and Arbitrary proceedings of O. C. and how much of the sufferings of the Loyal Party would have been prevented had that point of a free Parliament been then gained His Majesties Restauration must have been the natural consequence of it The constant correspondence he always kept with the Royal Party and that almost to the hazard of his Life and Family are sufficient Testimonies of his sincerity to his Masters Interest and Service His House was a Sanctuary for distressed Royalists and his correspondence with the Kings Friends though closely managed as the necessities of those times required are not unknown to those that were the principal managers of His Majesties Affairs at that time This made that great Politician O. C. so apprehensive of this great Assertor of his Countries Rights and Opposer of Arbitrary Government and Enthusiasm that though his vast Abilities were known at least to equal the ablest Pilot of the State yet we cannot find him amongst the Creatures of his Cabinet or Council nor amongst the Eleven Major Generals to whom the Care of the Nation was committed No their Principles their Aims and Designs were incompatible one was for Subverting the other for Maintaining the Antient standing Fundamentals of the Nation which once dissolved it were impossible but an universal Deluge of Confusion Blood and Rapine must ensue This made our brave Patriot with divers of the Heroick English Race to the utmost oppose the growth of a Protectorian Power So that we find Sir Anthony Ashly Cooper accused before the Parliament in the year 1659. for keeping Intelligence with the King and for having provided a Force of Men in Dorsetshire to joyn with Sir George Booth in attempting to restore and bring His Majesty that now is to His Rightful Throne Many persons of great note were imprisoned on the account of this Plot and amongst the rest Sir Anthony Ashly Cooper who though at that time one of the Commissioners of the Army and a Member of the House of Commons yet was complained of to the Parliament for a great Manager of the Design and although no man knew better how to obviate the Reasons of the House and plead his own Cause yet was with great difficulty cleared and discharged of that Imputation by the House of Commons The Eyes of the great States-men were so much upon him that he was one of those Loyal Persons mentioned by Baker in his Chronicle whereof the Council of State was composed in which List we find General Monk to be the foremost and that Council the Chronologer calls men of Integrity and well affected to Kingly Government And he that will but consider how soon His Majesties Restauration ensued upon the Election of this Council will have good reason to be of the same Opinion And in the 673 page we find him to be one of the Nine of the Old Council of State who sent that encouraging Letter to the said General to promote his undertaking for the Advantage of the Three Nations Again we find him in the List of that Council of State consisting of Thirty Nine upon whom an Oath was endeavoured to be Imposed for the Abjuration of the Royal Line but by the Influence of Sir Anthony Ashly Cooper and General Monk upon Coll. Morly that Oath was opposed in Council as being a snare and against their Consciences This was strongly pleaded by the Soberer part of the Council whereof this great Patriot was one and so an end was put both to that Oath and to the Council Nor is it in the least unknown to persons then in being how much his Advice influenced the Councils of those times He was the person that was particularly singled out of the whole Council by Commissary Clargis in Novemb. 1659. and had communicated to him a dangerous Design tending to Involve the Nation in further trouble which this Honourable person imparted to the Council of State This-was that great Council that complied with General Monk in that great Revolution of Restoring His Majesty And if that great Action were the occasion of a candid construction put on all the former Actings of the General why they should not have the same Candour for this Noble person I think none can determine His Employment at this time was in places of the highest Trust and Importance an undeniable Testimony of the great Opinion the then great Mininers had of his Loyalty as well as known Ability for the Management of the then Intrieate and close Designs A further prospect will be taken of his Concurrence with Gen. Monk in that Important Juncture if we remember that his Regiment was one of the first that declared for the Parliament and General Monk in March 165â—… So zealous was he in putting all his strength to the turning the great Wheel of State At the time of His Majesties Restauration as a most signal Testimony of His Majesties good Sentiments of his former Actions he was Advanced to be one of the first Rank in His Majesties most Honourable Privy Council and was placed above His Majesties Royal Brother the Duke of Gloucester and even Gen. Monk himself whom His Majesty used to call his Political Father And about three daies before His Majesties Coronation he was in the Banquetting-house created Baron Ashly of Wimbourn St. Giles's and another addition of Honour was conferred on him viz. Lord Cooper of Paulett And at last in the year 1672. he was made Earl of Shaftesbury at the same time when Duke Lauderdale
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
this Parliament were dissolved And about July there were Writs issued out for the summoning another Parliament Octob. the 17th 1679. A Parliament met at Westminster and were by a commission directed to the Lord Chancellor prorogued until January following It is almost incredible how in this interval the Papists lifted up their Heads braving the very face of Justice for now they had got such a cast of Evidence that would have accused Innocence itself Now does Dugdale inform that he had been tampered with to deny his former Evidence Sir George Wakeman finds the benefit of an Ignoramus Jury without the Astonishment of Thompson or the Observator The Diabolical design of ruining the greatest Protestants in England by leaving a Pacquet of counterfeit Letters in Collonel Mansel's Chamber in Ax-Yard discovered by Mr. Dangerfield besides an account of a great summ of Money offered him by the Lady Powis if he would murther the Earl of Shaftesbury against whom the rage of that bloody party was now so great that they left no base and unwarrantable Action unatempted to rob him of his Life Some were hired to stab or pistol him others to swear Treason against him or any other course the Devil could suggest so as he were but made away on whose life they thought the ill success of their Diabolical Machine depended Libels containing the blackest Treasons against His Majesty were forged in the names of the most eminent Protestant Peers and Grandees of the Nation scarce any person of Integrity against the Roman superstitions but would have been made a party to it But whoever was omitted my Lord Shaftesbury was sure to be drawn in neck and shoulders and to be duckt over head and ears in the Plot These were by their mercenary Agents secretly to be conveighed into the Houses of the Protestants aforesaid and then they wanted not a set of base and mean spirited Villains to swear it home upon them persons of that profâ—…igate and contemptible disposition that for a Mess of Pottage would not only forsake all claim to Honesty and Virtue but prostitute their Souls to the lust and ambition of the worst of Men But these were no new things to the brave and excellent to be exposed by Trials of this Nature to the Rage of brutish and inhumane Wretches A Heathen could long ago observe it Integer Vitae scelerisque purus Non eget Mauri jaculis nec Arcu To what a pitch of Heroic Magnanimity must that Person needs be arriv'd that can buoy up his Soul against such foul Tempests when the consideration of simple Innocence shall maintain a perpetual serenity within amidst all the cloudy Fogs of Adversity that can be as stedfastly loyal under the Frowns as the Favor of his Prince and answers that witty character of such a one in Hudibras For Loyalty is still the same Whether it win or lose the Game True as a Dial to the Sun Although it be not shin'd upon Mr. Dangerfield gives a large account in his Narrative of two several times that he had attempted to kill the Earl of Shaftesbury and that he had been instigated thereto by the popish Priests and that the Lady Powis particularly had offer'd him Five Hundred pounds to perform it whereof he received Twenty pounds in part but that still he had been providentially disappointed of that barbarous enterprise One day Dame Cellier demanded of him whether he had dispatched the aforesaid Earl and he replying that he could have no opportunity to come at him Give me the Ponyard says she you shall see what a Woman can do for the Catholick Cause And accordingly by the Instigation of the Devil and a hellish rage which the Papists miscall a holy Zeal she addressed her self to the Execution of that execrable Design She makes a visit to the Earl under pretence of paying her Thanks for Favours obtain'd through his means but the consecrated Dagger still lurk'd under the skirt of her Gown ready to have exprest her Gratitude by opening the Veins of this Protestant Peers Heart He had no reason to be over fond of the conversation of such cattle and therefore in short time she was dismist without having an opportunity of putting her philonious and trecherous design in execution Is then a loyal Innocence and protestant Integrity Armour of proof against Poisons Pistols and Ponyards The Catholick Gallantry stops not here but pursues this Noble Peer with Forgery of his Hand and other their little black Artifices and Sham-plots What base and villanous Arts the Papists used to destroy the Lord Shaftesbury is not only evident by their many endeavours to have stabbed him as hath been deposed by divers persons to whom the Parliament as well as the Nation have given belief but may be further confirmed by their intercepting Letters directed to his Lordship and after they had in a hand as near the Original as they could counterfeit inserted Treason in them they were transmitted to such as would certainly acquaint our Ministers with it In short one story of their mischievous practice in this kind is this There is a Gentleman who was a Commander of a Regiment of Horse in the late Kings service and lost all for his sake and his present Majesties writ to this Noble Peer about relieving him against the Gout with which he useth be afflicted This Letter was intercepted and the person then living in the French King's Dominions after adding to it an account That the Writer was able to furnish the Earl with Forty thousand men from France to oppose the D. of York's Interest It was then conveyed to some of the French King's Ministers who they supposed would send a Copy of it hither but by a strange providence the Original was returned into the Gentleman's own hands Decemb. 7. The following Humble Address and Advice of several of the Peers of this Realm for the Sitting of the Parliament was Presented to His Majesty at Whitehall A Copy whereof follows Sir WE are here to cast our selves at Your Majesties Feet being Ten of the Peers of Your Realm of England and in our own Names in the Names of several others of our Fellow-Peers do humbly beg That Your Majesty would consider the great Danger Your Royal Person is in as also the Protestant Religion and the Government of these Your Nations We humbly pray That in a time when all these are so highly concerned Your Majesty will effectually use Your Great Council the Parliament Sir Out of the deepest sense of Duty and Loyalty to Your Majesty We offer it as our humble Advice and earnest Petition That the Parliament may Sit at the time appointed and that Your Majesty would be graciously pleased to give publick Notice and Assurance thereof that the Minds of Your Majesties Subjects may be settled and their Fears 〈◊〉 〈◊〉 Address was offered in the Names and by the Order of the Peers under named viz. Kent Huntingdon Bedford Clare Stamford Shaftesbury Say and Seal Eure North
and detestable practices of those evil minded persons against his Life and in how dreadful a condition would the Nation have been if through the means of these or such like Witnesses the guilt of shedding Innocent Blood should have been drawn upon us where would the rage of the Papists have ended had they succeeded in this their horrid attempt Aboâ—…t the 29th of July 1681. the Right Honourable Anthony Earl of Shaftesbury was apprehended at his own House by a Serjeant at Arms and carried before the King and Council and after some Examination he was committed to the Tower upon a charge of High Treason the Right Honourable the Lord Howard having been committed before upon an Information that he had assisted in contriving Mr. Fitz-Harris's Libel and Stephen Colledg and Mr. Rouse having likewise been committed about the 25th of the same Month. It is said that some days after his Lordships commitment that as he was taking the Air in the Tower meeting accidentally with one of the popish Lords he was asked by him what his Lordship did there and that they little thought to have had his good companâ—… to which the E. of Shaftesbury replied that he had lately been very ill of an Aguâ—… and was come there to take some Jesuits Powder It was said thaâ—… during the whole time of his Lordships consinement in the Tower he appeared to be very chearful and that many times he assumed a Courage and Vivacity beyond what could have been expected from a person labouring under such violent pains and diseases as is well known his Lordship is frequently troubled withal And now that we may not omit to you with what other Methods and Designs they endeavoured to fasten the black Hellish figure of a Traitor on this loyal Peer it will not be improper to take notice of a passage in the Trial of Mr. Fitz Harris where Mr. Everard upon Oath affirms that Mr. Fitz-Harris had told him that horrid Libel was to have been fathered upon the Protestant Nonconformists and when Collonel Mansel had deposed that Sir William Waller had said the design of Fitz Harris's Libel was against the Protestant Party Mr. Attorney General replied we believe it The Protestant Party And how far this Peer was to have been concerned in that will further appear if we take in what Sir William Waller affirmed at the said Trial that Mr. Fitz-Harris had told him there were two Parliament Men which frequented my Lord Shaftesbury's whom his Lordship did not suspect that came and sounded him and then returned to the French Ambassadour and acquainted him with all they could discover On Thursday the 24th of Novem. 1681. the great Affair for which the Lord Shaftesbury was committed to the Tower was tried at the Sessions House at the Old Bayly It may be excusable if we be the more particular and large in this matter and insert so much of the said Trial as may be needful to satisfie the World of the fairness and equity of the Proceedings of the Kings Court in that Affair and we shall be somwhat the larger because all persons into whose hands this Book may come may not have seen what was printed of that Trial. The Grand Jury that were to make enquiry both in behalf of the King and the Earl were persons of unstained Loyalty and Integrity and persons so considerable for their Estates and â—…ortunes that such a Jury hath seldom been empanelled upon the like occasion The Names of the Grand Jury were as followeth Sir Samuel Barnardiston John Morden Thomas Papillion John Dubois Charles Hearle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepheard John Flavâ—…l Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall The Oath You shall diligently enquire and true presentment make of all such Matters Articles and Things as shall be given you in charge as of all other Matters and Things as shall come to your own Knowledge touching this present service The Kings Council your Fellows Council and your own you shall keep secret you shall present no person for Hatred or Malice neither shall you leave any one unpresented for Fear Favour or Affection for Lucre or Gain or any hopes thereof but in all things You shall present the Truth the whole Truth and nothing but the Truth to the best of your knowledg So help you God My Lord Chief-Justice gave a large and learned charge to the Jury wherein he first opened to them the Nature of their Commission and the extent of it which reached to all Offences whatsoever against the Law of the Land as Treasons Misprisions of Treasons c. He told them he would at present acquaint them with the nature of those Bills they were then like to be troubled with and their Duty concerning that Enquiry He told them they were matters of High-Treason a crime of the greatest and highest nature that could be committed against man other crimes as Fellonies Riots 〈◊〉 and 〈◊〉 of that nature 〈◊〉 〈◊〉 â—…ders and troubles in a State oâ—… 〈◊〉 dom but he told them 〈◊〉 struck at the Root and Life of 〈◊〉 It tended to destroy the very Government King and Subjects and the Lives Interest and Liberties of all and therefore haâ—…â—…een always looked upon as a crime of the mâ—…st notorious nature that caâ—… be whatsoever and accordingly Puâ—…shments have been appointed â—…or it of the highest and severest extremity He told them our Ancestors thought it Wisdom to enact and declare what should be accounted Treason and enumerated several Acts of that nature at length he came to an Act made the 13. of this present King That if any one should câ—…pass imagine or intend the Death of the King or his Destruction or any bodily harm that should tend to his Death or Destruction or any maiming or wounding his Person any Restraint of his Liberty or any Imprisonment of him or if any should design or intend to Levy any War against him either within the Kingdom or without or should design intend endeavour or procure any Forein Prince to Invade these hâ—…s Dominions or any other of the King's Dominions and should sâ—…gnifie or declare this by any Writing or by any Preaching or Printing or by any advised malicious speaking or words this shall be High Treason He told them the Intention of Levying War was not Treason before this Act unless it had taken Effect and War had been actually Levyed and then as to the Designing and Compassing the King's Death that was not Treason unless it was declared by an Overt Act As to the Imprisoning or Restraining the Liberty of the King they of themselves were not High Treason but now by this Law they were made so during His Majesties Life and the very designing of them whether it take Effect or no though it be prevented before any Overt Act by the timely Prudence of the King and his Officers though it should be
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 importâ—… 〈◊〉 〈◊〉 〈◊〉 Dâ—…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 â—…son reason was offer'd against the E. of â—…esbury and Sir Francis Withcâ—… 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 â—…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. Blithâ—… 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