Rawleigh redivivus, or, The life & death of the Right Honourable Anthony, late Earl of Shaftsbury humbly dedicated to the protesting lords / by Philanax Misopappas.

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Title
Rawleigh redivivus, or, The life & death of the Right Honourable Anthony, late Earl of Shaftsbury humbly dedicated to the protesting lords / by Philanax Misopappas.
Author
Philanax Misopapas.
Publication
London :: Printed for Thomas Malthus ...,
1683.
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Subject terms
Shaftesbury, Anthony Ashley Cooper, -- Earl of, -- 1621-1683.
Great Britain -- History -- Charles II, 1660-1685.
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http://name.umdl.umich.edu/A52965.0001.001
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"Rawleigh redivivus, or, The life & death of the Right Honourable Anthony, late Earl of Shaftsbury humbly dedicated to the protesting lords / by Philanax Misopappas." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52965.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.

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RAWLEIGH Redivivus: Or, the STATE Polititian; BEING An Historical Account of the Life and Death of that Wise and Loyal States-man, An∣thony Earl of Shaftsbury.

PART I.

STate Policy is a kind of Hea∣venly Knowledge, which is by God and Nature locked up as a sacred Jewel in a few very rare Cabinets, purposely framed and designed for that use by the all wise God, and is so essential to the peace and flourishing conditi∣on of a Nation that we ought to pay it all the reverence and veneration imaginable, and account it too sa∣cred

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to be exposed and prostituted to the view of base and vulgar eyes.

But as the best things converted into putrefaction, are the most nau∣seous and hurtful, so this Noble and Angelical Science hath been strangely abused by some sordid pretenders to it. And every Age hath produced some Achitophels, who have abused the divine treasure bestowed upon them by the great Jehovah, for the Service of their Country, and the promoting the Civil and Sacred Inte∣rest of the Common-wealth wherein they live, by making it only subser∣viant to their base and wicked ends. These are a sort of men that have indeed the Wisdom of the Serpent (but not a Dove-like innocency) and can, like him, clothe all their cursed Designs and Hellish Machina∣tions, whereby they intend the ruin of their Prince, the Religion they pretend to own and practice, toge∣ther with the famous and flourishing Kingdom wherein they live (unhap∣py in nothing so much as the pro∣ducing such unnatural and ungrate∣ful Animals) with subtil and speci∣ous pretences of Loyalty, Preroga∣tive,

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Decency and Order, and what not; accounting Heaven and future bliss a meer bubble, and the checks of Con∣science too inconsiderable a trifle to im∣pede, sacrificing all that is Sacred to Ambition, and aspire to Wealth and Grandeur by others ruine and destructi∣on; since if the Great Alexander, the Conquering Pomp, or the Victorious Caesar, had boggled at invading other Mens Rights, they could never have ob∣tain'd so much Renown and Glory. Nor had their Names swelled or looked so big in the Rolls of Fame. Whilst the honest Politician is the Atlas of the fall∣ing State, cures her when sick, cements it when dis-joynted, meets her in her several Emergencies with suitable reliefs: And like a skilful Pilate, manages the Helm with such skill and dexterity, that he carries her safely through all perplexing intricasies, and secures her in the Harbour of Peace and Tranquility, where she Rides free from the danger of those boisterous Storms that threat∣ned her Ruine.

Such an one was Philip de Comines to Lewis 11. and Cromwell to Henry 8. Such was Burleigh to our late Protestant Queen, whose sedate Councils, like a

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sacred Oracle, very much influenced the prosperity of her Raign; which was so extraordinary, that no History affords a paralel: and future Ages will read her happy Annals with a Divine Won∣der. And such an one was our paralel, the ingenious Sir Walter Rawleigh to King James; for whom he did several emi∣nent pieces of Service, as well in order to the bringing him to, and placing him upon the English Throne, as after∣wards. Notwithstanding which, he was so unhappy as to lose the Favour of his Prince, and be abandoned, to the rage and malice of his Enemies.

And such an one was the unparalell'd Shaftesbury, whose Policy was always founded upon the solid Basis of Piety and Judgment; upon which firm Foun∣dation he endeavour'd to raise the admi∣rable superstructure of Royal Govern∣ment in the Prince, free from all man∣ner of Arbitrary severity, and a willing subjection in the People, without any kind of force or compunction; so uni∣ting the Interest of the Governour with that of the governed, and knitting both with such reciprocal mixtures, that the welfare of the one might be una∣voidably involv'd in the good of the

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other; That Majesty might be main∣tained in its just Splendour, and the Royal Prerogatives of the Crown pre∣served from suffering any kind of dimi∣nution: And yet the Liberty of the Subject remain, and Property be no way infringed or violated.

In a word, his Wisdom in contriving the peaceable Restoration of his Majesty to his Crown and Kingdom, his sagacity in Counselling whilst in that capacity, his Faithfulness in the discharge of places of Trust, his exact Administration of Ju∣stice to his Fellow Subjects, his Loyalty and Obedience to his Majesty at all times, his invincible Patience under the Calum∣nies wherewith he was unjustly loaded. His Charity, Affability, &c. when it shall be conveyed by History to the know∣ledge of the following Ages, it will pro∣cure him such a just and deserved Esteem, that they will be ready to Adore him, and wonder at our stupidity; and make them with a disdaining abhorrence re∣flect upon our Folly, in slighting such an inestimable Treasure.

This Great and Illustrious Peer was Nobly descended from the two Ancient Families of the Coopers and Ashleys, being Son and Heir to Sir John Cooper of Rock∣burn

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in the County of Wilts, by Ann his Wife, Daughter and sole Heir to Sir Anthony Ashley of Wimborn St. Giles in the County of Dorset, Knight and Ba∣ronet. For which reason he was call'd Anthony Ashley Cooper, thereby to bear up the name of his Mothers Family as well as his Fathers; which would otherwise have been extinct. He was Born in the Month of July, Anno Dom. 1621. being the 19th year of the Raign of King James.

At his Baptism his Mother desir'd Sir Anthony Ashly to stand for Godfather; which he willingly consented to, and ha∣ving no more Children but that Daugh∣ter, named him Anthony Ashley for the aforesaid reason.

Great care was taken in the Educati∣on of this young branch of Honour, who was to enjoy the Fountains, and maintain the Honour and Name of two such Rich and Illustrious Families; his Father being worth about Eight Thou∣sand Pounds per Annum. So that he was not raised from a mean Fortune, as some of his Adversaries would malici∣ously perswade the World, but born to a large one. In his very Childhood his Activity, quick Apprehension, and ready

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Wit, made an early discovery (even at that tender Age) of those extraordinary parts wherewith God and Nature had so liberally enriched his capacious Soul. He had a natural inclination to Learning; wherein he made such a surprising Pro∣gress, that it was the wonder and amaze∣ment of all that knew him; and his Father, to encourage and improve those pregnant Parts wherewith this happy Youth was blest, sent him to the University of Oxford, and placed him in Trinity-Colledge, under the eare of an Ingenious and Learned Tutor: where neglecting all things that served only for idle and vain speculati∣tions, and denying himself that Liberty which other Youths allowed themselves for Recreation, he fell to those Studies that were more useful and necessary, and tended to fit and prepare him for the serving his King and Country in any im∣ployment or capacity whatsoever; which he followed so hard, and made such an unusual progress therein, that it is al∣most incredible; so that every one ad∣mired him: and he was by all Men ac∣counted the most prodigious Youth in the whole University. And those who knew him, began to believe, that what

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had been predicted of him by a German Gentleman, might in time prove true.

This Gentleman being a Protestant, and Persecuted upon that account, left Germany, and fled to England for suc∣cour; and falling by accident into the company of Sir John Cooper: Sir John being an Hospitable Gentleman, especial∣ly to those that were sufferers upon the account of the True Religion, gave him an Invitation to his House; which the Gentleman accepting, went accordingly: and was entertain'd by Sir John with a∣bundance of Respect and Generosity for a considerable time. The Gentleman was extreamly pleased with his Entertainment in general; but was more especially de∣lighted with that pleasant and 〈◊〉〈◊〉 Diversion which the extraordinary Parts of his young Son afforded him. And would frequently (after having entertain∣ed him with various, difficult and intricate Discourses, which required the most ma∣ture and profoundest Judgment to de∣termine; wherein he always found him so ready and expert, that it exceeds all belief) say to Sir John, I can do no less than contemplate your Felicity in this Son, and almost envy you the hap∣piness.

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He is certainly the Phoenix of his Age. I find him endow'd with such a deep Judgment and capacious Under∣standing, that I am confident, if he live to years of Maturity, he will be the pro∣foundest Politician, and the most prodi∣gious States-man that ever this Nation did produce. But more especially once directing himself to the young Gentle∣man, he spake to the effect following, as if guided thereto by some strange and unaccountable impulse; and if we com∣pare it with the circumstances of this Lords Life, it will appear to be pro∣phetick.

Child, said he, (as it was his custom to call him) if thou wilt be Religious, and keep close to God, and take care to avoid the vain and distractive allure∣ments of Prophaneness and Debauche∣ry, and entertain a fixed resolution to improve all thy Parts and Abilities for the advancing the Protestant (and the prejudice of the Romish) Religion, you shall be a Man of the largest Parts in Christendom, and shall be an instrument of doing an extraordinary piece of Ser∣vice to your Prince, which shall be very acceptable to him; whereupon you shall stand high in his Favour, and be pro∣moted

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to very great Honour: yet should afterwards lose the Princes Fa∣vour, and be as much dis-respected as before Honoured and Admired; yet at the same time you shall be one of the most Popular Men under Heaven, &c. And that you may know that this will fall out according to my Prediction, pray remember this that I am now going to tell you, and Write it down in your Pocket-book, that you may not forget it. Not long after your coming from the University, you shall be in extream danger of Drowning; telling him the very day when it should happen.

Whereupon, although he gave no extraordinary credit to these Predictions, yet having a great Love and Veneration for the Gentleman, upon the account of his Piety and Wisdom, he endeavoured to the uttermost of his power (as much as possible, to avoid the Watery Eli∣ment.

When he had spent some years at the University, he was removed from Tri∣nity Colledge to Grays-Inn; where, with the like pains and industry, he applyed himself to the Study of the Law: in the knowledge whereof, he arrived at such Perfection, that several Judicious Men

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and great Lawyers did affirm, That he understood the nature of our Britanick. Laws and ancient Customs and Consti∣tutions of the Kingdom, as well (if not better) than any Man living; and could express himself with so much Eloquence, and deliver his Sentiments of things with so much clearness and smoothness, interwoven with such convincing Argu∣ments, deduced from Philosophy and Reason, that there was a perfect harmo∣hy in his words.

Whilst he was at Grays-Inn, he ap∣pointed to go with several young Gen∣tleman of his Acquaintance to Green∣wich by Water: but when he was upon the Stairs going to take Boat, (some of his company being already in the Boat) it came suddenly into his Mind, that that was the day whereof the Gentleman had foretold him; and pausing a little, he remembred several circumstances that confirm'd him therein: the Gentlemen who were in the Boat seeing him to stand in a study, and make no haste into the Boat, they called to him to come away. Gentlemen, said he, I intreat you to ex∣cuse my going with you; for I now call to mind some extraordinary business, which obliges me to stay in Town. But

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his company was too pleasant to be so easily relinquish'd: wherefore one of them stepping out of the Boat, endea∣voured by his importunity to alter his resolution, and perswade him to go with them according to his first intention; but being not able to prevail, he protested he would carry him into the Boat if he would not go willingly: so that being unwilling to disoblige them, he adven∣tur'd to go, although with much relu∣ctancy. As they were shooting the Bridge, it being low Water, the force of the Ebb carried their Boat with such vio∣lence against a Loyter that was just gone through before them, that she sunk; but several Boats presently ma∣king towards them, they were all sav'd: however, their design for Bowling at Greenwich was spoiled for that day.

Having spent some considerable time in the Inns of Court, his Relations be∣gan to think of disposing of him in Marriage; and a suitable Match was en∣quired after, that might answer the largeness of his Fortune. At length a Marriage is agreed (by the consent of both Families) between him and Mar∣garet, Daughter to Thomas Lord Coven∣try, sometime Lord Keeper of the Great

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Seal of England: whose agreeable Con∣versation render'd his Life the more plea∣sant and delightful. He had no Issue by this Wife.

His second Wife was the Lady Frances, Daughter to the Earl of Exeter; by whom he had Issue his only Son and Heir, Anthony Lord Ashly, now Earl of Shaftesbury; who married the virtuous and ingenious Lady, the Lady Dorothy, Daughter to John Earl of Rutland; by whom he hath Issue two Sons; Anthony a Youth of about Twelve years of Age, extreamly like his Grandfather, both for Person and Parts; for which reason he was so dear to him, that his Life seemed to be bound up in this Grandsons, as Jacobs was said to be in his Son Benja∣min's.

His last Wife was Margaret, Daughter to William Lord Spencer, a most accom∣plished and Virtuous Lady; whose ex∣emplary Piety is so extraordinary, that she may very well be proposed as a pat∣tern for other Noble Personages to imi∣tate; her constant custom being to rise by Five of the Clock in the Morning, and she usually spends two or three hours there in her private Devotions.

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No sooner did the Fame of his great Abilities reach the Royal Ear, but his late Majesty cast a favourable Eye upon him, employing him in several eminent Services; which he performed with an exact Loyalty, to the satisfaction of his Majesty; from whose Interest he never departed, otherwise then as Hushai from King David, when the Tribes of Israel revolted from him, in order to the using his Interest for the Service of his Prince, and endeavour by his Wisdom and Coun∣sel so to order and influence the Coun∣cils and Designs of the Conspirators, that they might be the less hurtful to his Soveraign, and tend to the over∣throw of themselves. And it is admi∣rable to contemplate with what dexte∣rous Skill and exquisite Policy he so ma∣naged all their Councils, as to make them run directly towards, and naturally tend to swell the Royal Stream; which im∣mediately upon their Ebb, flowed so suddenly and swiftly, that like a swel∣ling Sea, it easily overflowed all those Banks which were cast up to impede its Flux; and by its irresistable force, bore down all before it, until at last it ter∣minated in the full Tide of his Majesties Restoration. Like the Generous Hushai,

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never resting until he saw his Ejected So∣veraign, like the glorious Sun, newly escaped from a total Eclipse, return to the possession of his Crown and King∣dom.

His Majesty having December 5. 1639. upon the advice of the Earl of Straf∣ford, and Marquess of Hamilton, and Doctor Land Archbishop of Canterbury, declared his resolution for the calling a Parliament. After 11 years interval, he was (by the unanimous consent of the Inhabitants of the Borough of Tewkes∣bury in Gloucester-shire, chosen to serve as Burgess for that Town; Sir Edward Alford being chosen for the other. On Monday April 13. 1640. this Parliament opened; and were acquainted by his Majesty, That he thought never any King had greater cause to call his People together, nor more weighty Affairs to confer with them about, then himself: the particulars whereof he referred to the Lord Keeper: By whom they were recommended to the Parliament in an elegant Speech. The Parliament sate in debate of those things recommended to them till the fifth of May, when his Ma∣jesty concluding they were too slow in giving those Supplies he demanded, Dis∣solved

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them, publishing a Declaration thereupon, containing an account of his Reasons for that Dissolution. This was the fourth Parliament which had been Dissolved by his Majesty.

In the beginning of our unhappy Troubles, he raised a Regiment for the Service of his Majesty; and was by him (upon the Rupture with the Parlia∣ment, made Governour of Waymouth; being at the same time High Sheriff of the County of Dorset: And when he saw that the War would unavoidably break out, he summoned (by virtue of his Pesse Contitatus) the whole County from sixteen years old, to meet at Dor∣chester, which is the County Town, thereby to engage them to stand by his Majesty: But before that day appointed for their Meeting, his Majesty sent down Colonel William Ashburnham with a Com∣mission to be Governour of the County of Dorset: whereupon he repaired pre∣sently to Dorchester, and shewed his Commission to the High Sheriff. At which time the Sheriff acquainted the Colonel with what he had done in refe∣rence to his Majesties Interest, by sum∣moning the County: wherewith the Colonel was very well pleased. But Sir

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Anthony concluding that the Colonel's being sent to command as Governour of the County, notwithstanding his being Governour of Weymouth, and high She∣riff of Dorset-shire, proceeded from some secret suspition which his Majesty had conceiv'd of his Fidelity, (perhaps oc∣casioned by the malicious whisperings of some about the King, who grew Jea∣lous of him, lest the greatness of his Parts should in time have raised him higher in his Majesties Favour and good Opinion, then would have consisted with their Interest) took Horse the next Morning, and went to his own House, about 20 Miles from thence; the next day he went to his Brothers, and from thence to London.

The day being come for the Counties Meeting, they flocked in vast numbers to Dorchester; there being scarce a Man in the whole County wanting: where∣upon the Colonel (being informed that the High Sheriff was not in Town) went up to the Guild-Hall, being accompa∣nied with several of the chief of the Town, and told the People, That he was glad to see so great an appearance; and that they yielded so ready Obedi∣ence to the Summons of their Sheriff,

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who was at that time absent; telling them, that the occasioning of Summon∣ing of them, was to engage them to his Majesties Interest: asking them, If those unhappy differences that were arisen between the King and his Parlia∣ment could not be composed, but should break out into a War, who they would stand by, his Majesty or the Parliament. Whereupon they all cried out with one consent, By the King, We will stand by the King against all Opposers whatsoever. Gentlemen, said the Colonel, I thank you for this Declaration which you have now made of your Loyal Intentions; I hope your Hearts have gone with your Words therein: and that you will make good your Promises when his Majesties Occasions shall require it. Whereupon they were dismist and sent home.

In October 1645. he was chosen She∣riff of Norfolk; which choice was No∣vember the first, approved of and con∣firmed by the Parliament. And the next year, 1646. he was chosen Sheriff of the County of Wilts; discharging the Offices both years with abundance of Candour and Generosity. And in the year 1651. the Parliament out of a deep sense of his profound Wisdom, appoin∣ted

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him, January 20. with twenty persons more, to sit as a Committee, to consi∣der of the inconveniencies which were in the Law, and the Mischiefs which fre∣quently arise from the Delays, and other Irregularities in the Administration there∣of; and ordered them to report their Opinion therein to the House.

Not long after this the Scene of Af∣fairs alter'd, and Cromwell's Ambitious Designs for Usurping the Supream Power being now ripe, he resolved to put them into execution; and as the first Essay, took upon him to Dissolve that rem∣nant of a Parliament. To which pur∣pose, on the 20th of April 1653. he en∣tred the House, attended by some of his principal Officers, and delivered se∣veral Reasons why they ought to be Dissolved, and a period put to their Sitting; which was immediately done. The Speaker, with all the rest of the Members, some through fear, and others by force, presently departed the House, all the Nation rejoycing thereat; and scarce any man grieved for their Disso∣lution but themselves: every one affirm∣ed, that although probably the Nation could not be much better'd by this change, yet worse could not possibly

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befall it. However Cromwell did not think it time as yet to take the Govern∣ment absolutely into his own hands; wherefore he summoned another Con∣vention somewhat like the former, to which he gave the name of a Parliament.

Whereupon, Sir A. being looked upon by his Country-men, as the fittest per∣son to oppose and baffle any extrava∣gant motions or designs that should be proposed to, or carried on by them, was returned to serve therein for his Native County of Wilts.

This Convention had several strange things under debate, that would have been very dangerous and prejudicial to the Nation; and he acted the part of a Wise Politician, and a true English Man, in rendring their Debates ineffectual and to no purpose, as well by his ingenious Arguments drawn from Scripture and Reason, as the Interest he had in the Gentlemen of the Country; whereby he engaged them to appear also against the Designs which were then carrying on. Whereat the contrary Faction be∣ing strangely exasperated, stormed ex∣ceedingly, and pushed forward their Designs with the greater fury. Where∣upon the rest (although the Majority)

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fearing to be undermin'd, by their laying hold of an opportunity to Assemble themselves in their absence, any Forty being a Quorum, and thereby accomplish their Designs, resolved to Dissolve them∣selves; which they did accordingly: and so by that means quash'd those mischie∣vous Designs upon which they were Brooding.

However, Cromwell resolved, that whoever lost, he would be no loser by this Dissolution; wherefore he (by a strange way of Reasoning) pretended, that by this means the whole Supream Power and Authority of the three Na∣tions, (both Civil and Military) was of course devolved into his hands; and thereupon called a Council of Officers to consult about setling the Government: who after several Debates, resolved to have a Commonwealth in a single Per∣son; which Person should be Oliver Cromwell, by the name of Lord Pro∣tector, &c.

Whereupon Cromwell calls a Parlia∣ment, which met September 3. 1654. whereof Sir A. was chosen a Member, the Country supposing him to be the fittest Man they could choose to obviate and undermine Cromwells Tyrannical De∣signs.

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Cromwell makes a Politick smooth Speech to them, endeavouring to per∣swade them to embrace his Interest; pro∣mising (for their encouragement) to do strange things for the good of the Na∣tion, if they would but afford him their Assistance in order thereunto. But al∣though some of the Members were Men for his turn, and were resolved to serve him in his ambitious Designs to the ut∣termost of their power, although them∣selves and their Posterity suffered for it, yet Sir Anthony, and abundance of others, were too Wise to be imposed upon, and too couragious to be hector'd into a compliance. So that being the Majo∣rity, they over-number'd those who were for complying with the Usurpers Inte∣rest, and render'd his hopes in that Par∣liament vain and ineffectual. Whereat the Tyrant, being inraged to see his ex∣pectations so frustrated, Dissolved them; lest if he had suffered them to sit any longer, they might have overthrown his new acquired Usurpations.

But the Protector being extreamly necessitated for Money, and having a longing desire to have his Power con∣firmed to him by the consent of the Peo∣ple, hoping that a second Representa∣tive

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would grant him that which the first refused, Issues out his Writs for the Ele∣ction of another Parliament. Yet re∣membring the Speeches and Carriage of Sir Anthony, and some other Members of the late Parliament, he gave secret di∣rections to the Sheriffs of the several Counties, to use their utmost endeavour to prevent (if possible) their being cho∣sen, or returned to serve in that Parlia∣ment. However, the Countries striving to please themselves rather then the Pro∣tector; and preferring their own Inte∣rest before Cromwells, Returned Sir An∣thony, and most of the other Members that opposed the Protectors Designs in the late Parliament, to serve in this: whereby this Stratagem failed of pro∣ducing its desired effects; which forced him to take new Measures, and invent the following Shifts, viz.

That every Member before he was to sit in the House, was imposed upon so∣lemnly to engage himself by promise, not to act any thing prejudicial to the present Government. But fearing lest this device should not keep out enough to make the Parliament pliable and fit for his purpose, he gave special directi∣ons, not to admit of any into the House,

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but those only that produced a Certifi∣cate or Warrant in the following form.

Com' Bucks.

These are to certifie that W.E. &c. is returned to serve in this present Par∣liament for the said County, and ap∣proved of by his Highnesses Council.

Sept. 17. 1656.

Nath. Taylor Clerk of the Commonwealth in Chancery.

September 17. 1656. being the day ap∣pointed for the Meeting of this Parlia∣ment, he went to the Parliament House at Westminster, expecting to Sit there as a Member of that Parliament: But found Entrance not only denied to himself, but to above an Hundred more, who had been Members of the former Parliament, and had render'd themselves obnoxious to the Usurper, by Opposing and Acting in contradiction to his Designs of Esta∣blishing his Tyranny: They being all

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Excluded for want of the aforesaid Cer∣tificate or Warrant. Whereupon (after having consulted together) they applied themselves for Redress to that part of the Parliament which was admitted to Sit. Acquainting them by way of com∣plaint, that above an Hundred of the Members which were chosen by the Country, and sent up to serve in the Parliament, were not able to obtain ad∣mittance into the House, being kept out by order of the Protector. But those within the House, being all of them Cromwells Creatures, upon the Questions being put, Resolved, That those persons ought to make their Application to the Council for Acceptance and Approba∣tion.

Whereupon, finding that they could obtain no relief against those Arbitrary and Illegal Practices of the Usurper, they unanimously consented to draw up and publish a Remonstrance, wherein they claimed the priviledge of the Anci∣ent Fundamental Laws, and their Birth∣right as Free-men of England. But the Remonstrance being much too large to be here inserted, I shall only present you with one or two Paragraphs, as a Specimen of those brave Heroes Resolu∣tions

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against a Protectorian Invasion: And the greatness of their Courage, and brave English Gallantry, will be the more conspicuous, if we consider this was done when the then Protector was in his Ze∣nith; when he had made almost all Eu∣rope tremble before him, ahd gave Laws to his Neighbouring Princes; and held that Thunder in his Fist, wherewith he shook the Nation off her very Foun∣dations: And the House too filled with those who either were, or seemed to be his Creatures: Yet in a general Defiance of this so Potent a Conquerour, did those Noble Patriots (amongst other things) Remonstrate.

When our Worthy Ancestors have been met in Parliaments, and have found Oppression and Tyranny supported by such strong hands, that they could not prevail to secure their Countries, Lives and Liberties by wholsome Laws, they have often made their Protestati∣ons against Injustice and Oppression; and forewarned the People of their danger. In like manner, we who have been duly chosen by the People to be Members of the Parliament, that should now have met, and have an undoubted

Page 27

Right to meet, Sit, and Vote in Parlia∣ment, although we are Oppressed by Force of Arms, and shut out of the usual place of Parliament Sitting; yet having Hearts sensible of that highest Trust reposed in us, and being filled with Cares for the Church and Common∣wealth, which with grief of heart we behold bleeding; we do hold our selves bound in duty to God, and our Coun∣try, to declare unto the People of En∣gland, their and our woful condition, and the most evident danger of the ut∣ter Subversion of Religion, Liberty, Right, and Property.

We believe the Rumour is now gone through the Nation, that Armed Men, employed by the L. P. have prevented the free Meeting and Sitting of the in∣tended Parliament, and have forcibly shut out of doors such Members as he and his Council supposed would not be frighted or flattered to betray their Country, and give up their Religion, Lives, and Estates to be at his Will, to selve his Lawless Ambition. But we fear that the Slavery, Rapines, Oppres∣sions, Cruelties, Murthers, and Confu∣sions that are comprehended in this hor∣rid Fact, are not so sensibly discerned,

Page 28

or so much laid to heart as the case re∣quires; and we doubt not, but as the common practice of the Man hath been, the Name of God, and Religion, and formal Fasts and Prayers will be made use of to colour over the Blackness of the Fact: We do therefore in faithful∣ness to God and our Country, hereby Remonstrate;

First, That whereas by the Funda∣mental Laws of this Nation, the People ought not to be bound by any Laws, but such as are freely consented unto by their chosen Deputies in Parliament, and it is a most wicked Usurpation, even against the very Laws of Nature, for any man to impose his Will or Discre∣tion upon another as a Rule, unless there be some compact or Agreement be∣tween the parties for that intent. And whereas by the Mercy of God only, in preserving this Fundamental Law and Liberty, the good People of England have beyond memory of any Record, preserved their Estates, Families, and Lives, which had otherwise been de∣stroyed at the will of every wicked Ty∣rant; and by keeping this only as their undoubted Right, they have been kept from being brutish Slaves to the lusts of

Page 29

their Kings, who would otherwise have despoiled them of their Persons, Lives, and Estates by their Proclamations, and the Orders of themselves and their Council. Now the L. P. hath by force of Arms invaded this Fundamental Right and Liberty, and violently prevented the meeting of the peoples chosen De∣puties in Parliament; and he and his Council boldly declare;

That none of the Peoples Deputies shall meet in Parliament, unless they agree to the measure of their Fantasies, Humours and Lusts.

They now render the people such Fools, or Beasts, as know not who are fit to be trusted by them with their Lives, Estates and Families: But he and his Council, that daily devour their Estates, and Liberties, will judge who are fit to counsel and advise about Laws to preserve their Estates and Liberties. Thus doth he now openly assume a power to pack an Assembly of his Con∣fidents, Parasites, and Confederates, and to call them a Parliament, that he may from thence pretend that the People have consented to become his Slaves, and

Page 30

to have their persons and Estates at his Diseretion. And if the people shall tamely submit to such a Power, who can doubt but he may pack such a Number as will obey all his Commands, and con∣sent to his taking what part of our Estates he pleaseth, and to impose what Yoaks he thinks fit to make us draw in.

They know it to be the undoubted Right of the People to trust whom they think fit, and as much the Right of eve∣ry man duly chosen and trusted, to meet and Vote in Parliament, without asking their leave, or begging their Tickets. And although there have been frequent Secret Designs for many years to subvert Religion, Liberty, and Pro∣perty in this Nation; and to that end the Designs of Tyranny have attempted to destroy sometimes the Being, some∣times the Power, Priviledges, and Free∣dom of Parliaments; yet the Mercy of God hath almost miraculously preserved the Being, Priviledges and Authority of Parliaments, and therein Religion, Li∣berty, and Property, until the time of the Lord Protector.

But now he hath assumed an absolute Arbitrary Soveraignty (as if he came

Page 31

down from the Throne of God) to create to himself, and his Confederates, such Powers and Authorities, as must not be under the cognizance of the Peoples Parliaments. His Proclamati∣ons he declares shall be binding Laws to Parliaments themselves; he takes upon him to be above the whole Body, and every Member of it, 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 Ex∣pence; 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 Anti∣ent Powers and Priviledges would re∣main 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 pub∣lick 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

Page 32

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 Representa∣tives 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 propound∣ed.

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 ex∣cluding (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 Gover∣nour, and fears not to remain a pub∣lick 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

Page 33

man a Right to sit in Parliament, but the Right must be derived from his gra∣cious 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 Se∣cond, for advising the King, that he might at any time dissolve the Parlia∣ment, and command the Members to depart under the penalty of Treason. Divers other Protestations were contain∣ed in that Instrument against the Arbi∣trariness and Tyranny of that proceed∣ing; and in conclusion they declare they will pour out their complaints be∣fore the Lord against their powerful Op∣pressors, 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

Page 34

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, en∣joy Places of Honour and Profit under his present Majesty.

By this we may easily discern the Opi∣nion 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 oc∣casion to Fleece them again; which in∣terval 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 Mem∣bers

Page 35

that were kept out by the Prote∣ctor, to take their place in Parliament; and so managed some of the Members, who were moderate men, that they re∣solved 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 notwith∣standing 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 him∣self the greatest happiness imaginable, was strangely altered: For they present∣ly fell to Voting, That no Member le∣gally 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 sub∣scribed the Remonstrance (to the no good liking of the Protector) who were no sooner in, and the House full, but

Page 36

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 ambi∣tious 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 Tran∣quility 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 al∣waies maintained with the Royal Par∣ty, and that almost to the hazard of his Life and Family, are sufficient Te∣stimonies 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

Page 37

principal managers of his Majesties Af∣fairs 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 de∣signs; yet we cannot find him amongst the Creatures of his Cabinet Council, nor amongst the Eleven Major Generals, to whom the Care of the Nation was com∣mitted: No, their Principles, their Aims and Designs were incompatible; one was for Subverting, the other for Main∣taining the Antient standing Funda∣mentals 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.

Page 38

And when the Rump had again usurped the Power into their hands, they endeavoured to oblige him by nomina∣ting him to be one of their Council of State, and one of the Commissioners for the managing their Army. Not∣withstanding 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 An∣thony 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 in∣deed 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 al∣though no man knew better then he how

Page 39

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 Lon∣don, the Command of a Regiment of Horse; and gave him (with six others to assist him) the Government and Com∣mand of their Army.

So that now he began to advance the great work of Restoring his Majesty, with more success and speed than be∣fore. 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 dispo∣sed and ordered all things according to his desire) advanced towards England, accompanied with several English Gen∣tlemen who held correspondence with him; and being acquainted with the Generals Designs, went thither on pur∣pose to accompany him hither: where he was no sooner arrived, but he was

Page 40

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 ge∣nerous Designs of those two Noble Pa∣triots of the Royal Cause, and bold Ad∣venturers for the Interest of their inju∣red 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 in∣fluence upon Colonel Morly, procured it to be so warmly opposed, that both Oath and Council fell, and came to no∣thing.

Doctor Clarges having happily disco∣vered, that Lambert and others, were making parties, and drawing Forces to∣gether to oppose their Loyal Designs, repaired immediately to Sir Anthony, ac∣counting him the fittest person to be ac∣quainted with a business of that nature (being not only firm to the Kings Inte∣rest, but by his Wisdom and Policy

Page 41

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 pre∣vail 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 Coun∣cil, 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 Par∣liament 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 Mem∣bers of the Common-Council of Lon∣don. They inlarged the Generals Com∣mission, constituting him one of the Ge∣nerals at Sea. Discharged Sir George Booth, and others, committed upon the account of his Rising; and ordered the

Page 42

Examination of him and his Lady to be taken off the File, and given to them. Then having appointed a free Parlia∣ment 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 Tho∣mas Widdrington, Sir John Evelin, Sir William Waller, Sir Richard Onslow, Ser∣jeant Maynard, Sir William Lewis, Co∣lonel 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 Par∣liament met in both Houses; which was the most considerable step they had yet

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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 abun∣dance 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 extraordina∣ry, 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 sud∣denly drew the Curtain, and exposed the Beautiful and Glorious Scene to the delightful view of the languishing Spe∣ctators; wherein they plainly law the happy Issue of those Policies and Coun∣cils that were before Riddles too myste∣rious

Page 44

for vulgar understandings to un∣fold, or once imagine whither they tended, or where they would termi∣nate, 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 Com∣mons.

Resolved, That a Committee of Eight Lords do joyn with a Committee of the House of Commons, to consider of an An∣swer 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 Ma∣jesties Gracious Proposals.

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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 Loy∣alty and Joy.

Then the Parliament proceeded to draw up a Letter in Answer to His Ma∣jesties 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 Maje∣sty 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

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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 Hol∣land in several Frigats, appointed by the Parliament to attend them; and after some danger by bad Weather, they Landed at the Hague, whither His Maje∣sty was then removed from Breda, (where he had resided some time be∣fore) as being a place nearer and more convenient for his Shipping; the dispo∣sal whereof, and of the whole Fleet, was remitted to His Majesties pleasure, General Montague having received Or∣ders from the Parliament to Obey His Majesties Orders and Directions therein. The Commissioners were no sooner ar∣rived but they went and waited on His Majesty, and with all imaginable Respect and Veneration, delivered their respective Messages, and behaved themselves ac∣cording 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

Page 47

a Port and Grace like himself, and en∣tertain'd with extraordinary Favour and Magnificence.

In the mean time the Parliament Pro∣claim'd the King; which was perform'd with all the Joy, Splendour and Magni∣ficence, that Love or Loyalty could in∣spire. The chief Lords of the House of Peers, and the most eminent of the House of Commons, the Lord Gene∣ral, together with the Lord Mayor and Aldermen, all in their Coaches, attend∣ed by the whole Militia of the City; waited upon, and assisted in the Cere∣mony; and the Shouts and Acclamati∣ons 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 Ci∣vilities to our great Patriot, and the rest of the Commissioners from the Parlia∣ment and City, treating them by their

Page 48

Deputies, to their great content and sa∣tisfaction.

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 Chan∣cellour, forc'd to be opened: The Ope∣ration was performed by Mr. Knolls the Chyrurgeon, by the Advice and Dire∣ction 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!

Page 49

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 Canter∣bury, 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 se∣veral 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-deli∣vered 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 seve∣fal Companies of Gentlemen Volunteers in White Doublets, under the Com∣mand of Sir John Staywell, through

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which His Majesty passed in a Splendid and Triumphant manner: being brave∣ly attended by Sir Anthony, and the rest of the Commissioners of the Parliament and City; together with all the princi∣pal 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 An∣thony Ashly Cooper, nominated him for one of them; Wisely considering, That he whose Counsels had been so successful in contriving His Restoration, might be highly necessary, and very much con∣duce to the Establishment of Him in His Kingdom; and to shew the extra∣ordinary Esteem he had for his Parts and Abilities, he advanced him to be one of

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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 Con∣sultation with General Monke, in order to His Majesties Restoration; in considera∣tion of these his acceptable Services, he was by Letters Patents bearing date at West∣minster, 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 Banquet∣ing-House at White-hall, three days be∣fore His Majesties Coronation, in order to his assisting in the performance of that splendid Ceremony.

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And when his Majesty was pleased to issue out the Grand Commission of Oyer and Terminer for the Trial of the Regi∣cides, 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 Commis∣sion.

And as if his Majesty had so high a Valuation for his Lordship, that he thought his profound Parts and exem∣plary Loyalty merited a perpetual con∣fluence of Royal Favours, he raised him at several times to higher degrees of Ho∣nour, 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 in∣clines him to delight in nothing more, then to reward like a King.

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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, up∣on the 23d. 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 Trea∣sury, was pleased to give unto him the Keeping of the said Great Seal, with the Title of Lord High Chancellor of En∣gland, (these are the words of the Ga∣zette) being the second Person that had enjoyed that Title since his Ma∣jesties 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 Ma∣nagement. 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

Page 54

time of his Chancellorship, will best te∣stisie. Justice then run in an equal Chan∣nel; so that the Cause of the Rich was not suffer'd to swallow up the Rights of the Poor; nor was the strong or cun∣ning 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 answera∣ble 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 aba∣ted; and every thing weighed and de∣termined 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 unquesti∣onable 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 Faith∣fulness to the Royal Interest, and endea∣vour'd to abuse every thing he did for his Majesties Service, as they have done the speech he made to the Parliament upon

Page 55

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 Ma∣jesty 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 can∣not 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 suffi∣ciently proved both malicious and false.

Page 56

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 re∣ceived 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 de∣manded Satisfaction, they disputed His Title to it in all the Courts of Christen∣dom, 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.

Page 57

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 French hands for Caution. The next day news came, that France and Hol∣land were agreed. Then the obloquy was turned from treachery to folly: The Ministers were now Fools, that some days before were Villains. And indeed the Coffee-houses were not to be blamed for their last apprehensions; since if that Conjunction had taken effect, then England had been in a far worse case then now it is, and the War had been turned upon us. But both Kings know∣ing their Interests, resolved to Joyn against them, who were the Common Enemies to all Monarchies, and I may say, especially to ours, their only Com∣petitor for Trade, and Power at Sea; and who only stand in their way to an universal Empire, as great as Rome. This the States understood so well, and had swallowed so deep, that under all their present distress and danger, they are so intoxicated with that vast ambition, that

Page 58

they slight a Treaty, and refuse a Ces∣sation.

All this you, and the whole Nation saw before the last War; but it could not then be so well timed, or our Al∣liances so well made. But you judged aright, that at any rate, Delenda est Carthago, That Government was to be brought down. And therefore the King may well say to you, 'Tis your War. He took his measures from you, and they were just and right ones: and He expects a suitable assistance to so ne∣cessary and expensive an Action; which He has hitherto maintained at His own charge, and was unwilling either to trouble you, or burden the Country, un∣til it came to an inevitable necessity. And His Majesty commands me to tell you, that unless it be a certain Sum, and speedily raised, it can never answer the Occasion.

My Lords and Gentlemen,

Reputation is the great support of War or Peace. This War had never begun, nor had the States ever slighted the King, or ever refused Him Satis∣faction, neither had this War continued to this day, or subsisted now, but that

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the States were deceived in their mea∣sures, and apprehended His Majesty in that great want of money, that He must sit down under any Affronts, and was not able to begin, or carry on a War. Nay, at this day the States sup∣port themselves amongst their People by this only falshood, that they are assu∣red of the temper of England, and of the parliament, and that you will not supply the King in this War: And that if they can hold out till your meeting, they will have new life, and may take new measures. There are lately taken two of their principal Agents, with their Credentials and Instructions to this purpose, who are now in the Tower, and shall be proceeded against accor∣ding to the Law of Nations. But the King is sufficiently assured of His peo∣ple: Knows you better: and can ne∣ver doubt His Parliament. This had not been mentioned, but to shew you of what importance the frankness and seasonableness of this Supply is, as well as the fulness of it. Let me say, the King has brought the States to that con∣dition, that your hearty conjunction, at this time, in supplying His Majesty, will make them never more formidable

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to Kings, or dangerous to England. And if after this you suffer them to get up, let this be remembred, The States of Holland are Englands eternal Enemy both by Interest and Inclina∣tion.

In the next place, to the supply for the carrying on of the War, His Ma∣jesty recommends to you the taking care of His Debts. What you gave the last Session did not near answer your own expectation. Besides, another confiderable Aid you designed His Ma∣jesty, was unfortunately lost in the birth; so that the King was forced for the carrying on of His affairs, much against His will, to put a stop to the payments out of the Exchequer. He saw the pressures upon himself, and growing in∣conveniencies to His People by great Interest; and the difference through all His Business between Ready money, and Orders. This gave the King the necessity of that proceeding; to make use of His own Revenue, which hath been of so great effect in this War. But though he hath put a stop to the trade, and gain of the Bankers, yet he would be unwilling to ruine them, and oppress so many Families as are

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concerned in those Debts; Besides, it were too disprortionable a burden upon many of His good Subjects. But neither the Bankers, nor they, have reason to complain, if you now take them into your care, and they have paid them what was due to them when the Stop was made, with Six per Cent. Interest from that time. The King is very much concern'd both in Honour and Interest to see this done. And yet he desires you not to mis-time it: but that it may have only the second place, and that you will first settle what you intend about the Supply.

His Majesty has so fully vindicated His Declaration from that Calumny concerning the Papists, that no reasona∣ble scruple can be made by any good man. He has sufficiently justified it by the time it was published in, and the effects He hath had from it; and might have done it more, from the agreeable∣ness of it, to His own natural disposi∣tion, which no good English man can wish other then it is. He loves not bloud, or rigorous severities; but where mild, or gentle ways may be used by a wise Prince, He is certain to choose them. The Church of England

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and all good Protestants, have reason to rejoyce in such a Head, and such a De∣fender. His Majesty doth declare His care and Concerns for the Church, and will maintain them in all their Rights and Priviledges, equal, if not beyond any of His Predecessors: He was born and bred up in it: It was that his Fa∣ther died for: We all know how great temptations and offers He resisted abroad, when He was in His lowest condition: And He thinks it the Ho∣nour of His Reign, that He hath been the Restorer of the Church: 'Tis that He will ever maintain, and hopes to leave to posterity, in greater lustre, and upon surer grounds, then our An∣cestors ever saw it. But His Majesty is not convinc'd that violent ways are the Interest of Religion or the Church.

There is one thing more which I am commanded to speak to you of, Which is the jealousie that hath been foolishly spread abroad, of the Forces the King hath raised in this War. Wherein the King hath opened himself freely to you, and confessed the fault on the other hand. For if this last Summer had not proved a miracle of Storms and Tempests, such as secured their East-India

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Fleet, and protected their Sea∣coast from a discent, nothing but the true reason (want of Money) could have justified the defect in the number of our Forces. 'Tis that His Majesty is providing for against the next Spring, having given out Orders for the raising of seven or eight Regiments more of Foot, under the Command of Persons of the greatest Fortunes and Quality. And I am earnestly to recommend to you, that in your Supplies, you will take into your consideration this ne∣cessary 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

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in their Affection and Loyalty to their Prince, have exceeded all their Pre∣decessors. 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, chearful∣ly, and fully provided for them. You have relied upon the Wisdom and Con∣duct 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 as∣sure 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,

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you have hitherto shewed to∣wards 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 Ba∣ron of the Exchequer, the Lord Chan∣cellor acquainted them therewith; and recommended to them His Majesties, Pleasure for their Electing a new Speaker in the following Speech:

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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 com∣pleated 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 com∣manded 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 Pre∣sentation 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.

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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 Obe∣dience to your Royal Command, have pro∣ceeded 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 success∣ful, yet they have been so Indulgent, as to permit me to continue my endeavours there∣in 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 Exalta∣tion, thus gloriously supported and attended;

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and that as Speaker of Your House of Com∣mons, 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 Jun∣cture 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 hand∣some Discourse, whereby you endea∣vour to excuse and disable your self for the place of Speaker; In answer where∣of, 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 Abi∣lities, good Affection, Integrity and Resolution in several employments of great Trust and Weight: He knows you have been long a Parliament-man,

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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 Ac∣ceptable 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 notwithstan∣ding his Majesty had confirmed the Com∣mons 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.

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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 abili∣ties as God shall give to the Service so gra∣ciously designed me; no way doubting, that Your Majesty will please to pardon my Frailties, to accept of my faithful Endea∣vours, 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 Com∣mons.

  • 1. That for our better Attendance on the Publick Service, we and our Ser∣vants may be free in our Persons and Estates from Arrests and other Distur∣bances.
  • 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.
  • ...

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  • 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 Ene∣mies, and every good mans heart will say, Amen.

To which the Lord Chancellour re∣ply'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 oc∣casion: His Majesty doth well accept of all those dutiful and affectionate Ex∣pressions 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 re∣quire

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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 King∣dom, 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 Ma∣jesty 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 di∣sturbance, the King is graciously pleased to grant it as full as to any of your Pre∣decessors.

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 Favoura∣ble construction, are all freely and fully granted by his Majesty.

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During the time of his Chancellour∣ship he lived at Exeter-House in the Strand, and managed and maintained all things with a Port and Bravery suita∣ble 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 enter∣tain'd at a splendid and magnificent Treat by his Lordship; which being ended, he proceeded (according to the ancient and laudable Custom) to West∣minster in the following Order.

First went

  • The Beadles,
  • The Constables,
  • The High Constable,
  • The Tipstaffes,
  • ...

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  • 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 War∣den of the Fleet,
  • The Gentleman Usher,
  • ...

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  • 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 Foot∣men walking along by his Stirrup.

Next to the Lord High Chancellor fol∣lowed 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 Seig∣niority.

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 exceed∣ingly

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pleased with the Decency and Gal∣lantry thereof.

All the time he enjoyed the Chancel∣lorship, he managed it with as much Ho∣nour 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 admi∣rable Eloquence labour'd to prevent or remove any Misunderstandings and Jea∣lousies between the King and his Parlia∣ment, 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 vene∣ration for his Soveraign, and the smooth and charming Eloquence wherewith he fluently expressed himself upon all occa∣sions, sufficiently appear in that Speech which he made to the Lord Treasurer, December the 5th 1672. upon his ta∣king his Oath before him in the Ex∣chequer.

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My Lord Treasurer,

THe Kings most Excellent Majesty knowing your Integrity, Abili∣ties 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 un∣der the Great Seal, made you Treasu∣rer of his Exchequer.

The Lord High Treasurer of En∣glands 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. A place that requires such

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a Man as our great Masters Wisdom hath found for it; from whose Natu∣ral temper we may expect Courage, Quickness and Resolution; from whose Education, Wisdom and Experience; and from whose Extraction, that No∣ble and Illustrious House of the Clif∣fords, an Heroick Mind, a large Soul, and an unshaken Fidelity to the Crown.

My Lord, it's a great Honour much beyond even the place it self, that you are chosen to it by this King, who without Flattery I may say, is as great a Master in the knowledge of Men and Things, as this or any other Age hath produced: And let me say farther, It is not only your Honour that you are chosen by Him, but it is your Safety too, that you have him to serve, with whom no subtile Insinuations of any near him, nor the aspiring Interest of a Favourite, shall ever prevail against those that serve him well. Nor can his Servants fear to be sacrificed to the Malice, Fury or Mistake of a more swelling Popular greatness; a Prince under whom the unfortunate fall gent∣ly; a Prince, in a word, that best of

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all Mankind deserves that Title, De∣liciae humani generis.

My Lord, I will not hold you long, for you have a Journey to go; after you have taken your Oath, and your place in this Court, you are (according to ancient Custom) to visit all the Of∣fices in the upper and lower Exche∣quer; and therefore let me end with this Wish, or rather Prophesie, That you may exceed all your Predecessors, the Abilities and Fidelity of the Re∣nowned Lord Burleigh; the Sagacity, Quickness, and great dispatch of his Son the Lord Salisbury; and the Up∣rightness, Integrity and Wisdom of that great Man that went last before you the Earl of Southampton.

And as the E. endeavors were incessant to serve his Soveraign, so he was no less solicituos to serve the Publick good, en∣deavoring to make the Courts of Judica∣ture (as much as possible) answer the Ends for which they were designed, viz. The ease of the Subject, labouring to have the Kings Prerogative and the Sub∣jects Property so interwoven, that they might always be inseparable; as appears by that excellent Speech made by him

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in the Exchequer, January 24. 1673. at Serjeant Thurlands taking the Oath, in order to be made a Baron, as followeth:

Mr. Serjeant Thurland,

THe King of his Grace and Favour hath made choice of you to be one of the Barons of the Exchequer; he designed to place you in a Court of more profit, though not of more Dig∣nity; but your own modesty hath chosen this Court, where you thought you could serve the King best: and I could not choose but mention it here to your Honour; it being the greatest Instance of a good Man, That he had rather be found serviceable than rich. His Majesty hath had large proof of your former Service: besides, he takes you upon the Credit of that Recom∣mendation, that hath justly the best place with him, I mean his Royal Brothers. Some few things it is fit I should here mention to you, and leave with you as Admonitions, or rather Remembrances.

In the first place, you are to main∣tain the Kings Prerogative; and let not the Kings Prerogative, and the Law, be two things with you; for the Kings Prerogative is Law, and the principal

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of it: Therefore in maintaining that, you maintain the Law. The Govern∣ment of England is so excellently inter∣woven, that every part of the Prero∣gative hath a broad mixture of the In∣terest of the Subject; the ease and safe∣ty of the People being inseparable from the greatness and security of the Crown.

In the next place let me advise you, that you acquaint your self with the Revenue, as also the ancient Records, Precedents and Practices of this Court; for want of which knowledge, I have seen this Court a most excellent Com∣mon Pleas; when at the same time I could not say so much for it as an Ex∣chequer.

In the Third place, Let me recom∣mend to you, so to manage the Kings Justice and the Revenue, as the King may have most profit, and the Subjects least Vexation. Raking for old Debts, the number of Informations, Projects upon Concealments, I could not find (in the Eleven years Exprerience I have had in this Court) ever to ad∣vantage the Crown; but such pro∣ceedings have (for the most part) delivered up the Kings good Sub∣jects

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into the hands of the worst of Men.

There is another thing I have ob∣served in this Court which I shall mind you of; which is, when the Court hearkens too much to the Clerks and Officers of it, and are too apt to send out Process, when the Money may be raised by other ways, more easie to the People. I do not say that the Kings Duty should be lost, or that the strictest course should not be ta∣ken, rather then that be; for when you consider how much the Officers of this Court, and the Under-sheriffs get by Process upon small Sums, more then the Kings Duty comes to; and upon what sort of People this falls, (viz.) The Farmer, Husbandman and Clothier in the Country, that is gene∣rally the Collector, Constable and Tyshingman; and so disturbs the In∣dustrious part of the Nation, you will think it fit to make that the last way, when no other will serve.

Give me leave also to mind you of one thing more, it is in your Oath, That the Kings Needs ye shill speed be∣fore all others: that is, the business of the Revenue of the Crown you are to

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dispatch before all other, and not turn your Court into a Court of Common-Pleas, and let that justle out what you were constituted for.

In the last place, Let me conclude with what concerns all my Lords the Judges as well as you, let me recom∣mend to you the Port and Way of Living suitable to the Dignity of your Place, and what the King allows you. There is not any thing that gains more Reputation and Respect to the Govern∣ment then that doth; and let me tell you, Magistrates as well as Merchants are supported by their Reputation.

To his successful Counsel do both King and Kingdom owe the happy Con∣duct of Affairs for many years toge∣ther; the events of his Advices always agreeing with, and answering the Ends for which they were at first proposed, so that the King seldom fail'd of any thing that was carried on by his dire∣ction; for which reason, his wise Ad∣ministration and management of Things, had as it were incorporated him into the very Heart of his Prince: So that all Men began now to conclude, That this great Man (whose constant Loyalty

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had render'd him so dear to His Majesty) was too firmly fix'd and rooted in the Royal Favour, than ever to be remo∣ved, or alienated therefrom; since he did, as most Men imagin'd, sit so high, and withal so safely, that he was above the reach of Envy, or the possibility of being undermined by any subtle and false Insinuations, or sacrific'd to the malice of any aspiring Favourite. Yet Fortune, who is always fickle, and con∣stant in nothing but inconstancy, never proved more false to any then she did to him. And his unshaken faithfulness to His Majesty, from whose Interest no Temptation could ever allure him, to∣gether with the Figure he made, and the High Station wherein he deservedly stood, was so far from defending him against, that it subjected him to the Eu∣vy, and exposed him to the spleenful hate, and insatiable Revenge of those who became his inveterate and implaca∣ble Enemies; for no other reason, then his extraordinary Zeal, to have His Ma∣jesty safe in his Person, by being Great in the Hearts of his Subjects, and Raign without a Competitor, and thereby be∣come Formidable to his Enemies; and be able (like his Predecessors) to give

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Laws to the Neighbouring Princes. The only way to promote the publick Good, maintain the Security of Religion, the Safety of the Government, and advance the Honour of the English Nation.

Wherefore they having resolved upon his ruine; and knowing that the higher he mounted the more likely he would be to fall, and if he did fall, it would be with the greater precipitancy and danger: They rack'd all their Inventi∣ons, and improved all their Interest at Court to have him advanc'd to higher Honour, although he was already ex∣alted, even above his own Ambition, and thereby involved into so much danger, that he was forced every Night to keep a constant Guard about his House, thereby to secure his Person from the bloody Attempts of Popish Ra∣viliacks, or Roman Godfredizers. So that this hopeful project not succeeding ac∣cording to expectation, may he rend by the future Ages in the British Chronicles, to his immortal Glory, and the shame and infamy of his Enemies.

But although they were not able with all their combinated strengths to trample him into an Ignominious Grave, yet they quickly after found an occa∣sion

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of Triumph, upon the taking from him his Honourable Employment, to which he ascended upon abundance of Merit, used with abundance of Impar∣tiality, and resigned with as much Inno∣cency and Honour, in the following manner:

About November 1673. The King was pleased to send for his Lordship to Whitehall; where, upon His Majesties Command, he resigned the Great Seal of England to be disposed of as His Ma∣jesty should think fit. And thus this mighty Minister of State (who had, to the satisfaction and admiration of all good Men, and to the hurt and preju∣dice (and therefore to the hate and en∣vy) of none but the Papists, improved that Power whereunto the Grace and Favour of his Soveraign had raised him) did, without any kind of murmuring or repining, lay it down again at the Feet of him from whom he at first de∣rived it. Never abating of his usual Briskness, nor altering the natural chear∣fulness of his Temper, upon the loss of his Honorary Places: but on the con∣trary, when he had delivered the Seal,

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he put on his Sword; accounting it as much Honour and Happiness to walk with that by his side unenvied, as to have the Mace and Purse carried before him with abundance of Emulation and Grudge, besides danger.

In the Afternoon he was visited at his Mansion-house by his Highness Prince Rupert, and divers other Peers and Gentlemen of Quality, who gratefully acknowledged themselves to be ex∣treamly oblig'd by his just and honest discharge of that Trust which had been reposed in him, for which they re∣turned him thanks.

And many whose tedious or difficult Suits were discharged by his dexterity and wisdom, will ever remember him with Honour and Veneration. For by his admirable Prudence, deep Judgment, and quick Apprehension, he used pre∣sently, and that with abundance of Fa∣cility and Ease, to penetrate into the most intricate and difficult Causes, and di∣sperse those Cloudy Mists wherewith the subtile Lawyer had darkened and perplexed the Just and Honest Title; as the Author of the Character of a Loyal States-man ingeniously expresses it:

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— His choice sagacity, Strait salv'd the knot that subtle Law∣yers ty'd, And through all Foggs discern'd the op∣pressed side: Banish'd delays, and so this Noble Peer Became a Star of Honour in our Sphere. A needful Atlas of our State, &c.

And indeed he manag'd the Court of Chancery with such an unbyass'd Judg∣ment and Uprightness, that forced even those who lost the Cause, to admire his sagacity, and confess the equality of his Justice.

Page 1

THE SECOND PART OF RALEGH Redevivus.

THE discarding the great SHAFTSBƲRY, was some abatement to the ex∣cessive sorrow of his Pa∣pist Enemies, and proved a seasonable allay to that tormenting Grief, which, peradventure, might o∣therwise, Vulter-like, have prey'd upon, and fretted and consumed their Vitals, and thereby have saved the World from that trouble it hath already felt, and

Page 2

may expect from them. But not con∣taining themselves with his being dis∣carded, resolved still to prosecute his ruin, and thereby render their revenge the more full and compleat. And in order thereunto, they first vainly attempted to Murder his unblemished Reputation, and bring his Loyalty into Suspicion, and then, with an insernal Impudence, accu∣sed him of High-Treason; (the same Project, whereby they have since so often unsuccessfully attempted his ruin) oblige∣ing Collonel—to pursue and prose∣cute the Accuation; and to make him the more capable of performing it, they did with all the Art and Industry, wherewith Hell and Rome could furnish them, make a narrow search, and exact scrutiny into the several Offices he had passed through, hoping there, to find some casual acci∣dent or other, which might by their Hel∣lish Pollicy, have been improved to High-Treason; well knowing that suddain sur∣prize, the want of a true information, or the falling short of a full and clear under∣derstanding of some material Circum∣stances, might expose the most profound and exactest Judge in the World, to a mi∣stake in Judgment. Yet, to their amaze∣ment, and anguish, and the glory, and of

Page 3

that Divine Providence, whereby the Almighty, who fore-sees the issue and events of all sublunary Actions, wisely orders, and disposes all things to the ad∣vantage of the favourites of Heaven, they found no such casual flips, or over∣sights in his management, that could any way answer the pains they had taken in searching the Records of his Actions, or favour the Designs they were carrying on against him. For, having with a complicated malice, and impatiency of destroying him, who of all others, stood most in the way of their other Designs, amaz'd together, and mustered up all the worst things which those Infallible Vi∣pers, by the force of their Roman Venom, were able to draw, and attract out of the Court Rolls, so disgested and phrased, as might best serve the purpose to which they were designed, and presented them to the King's Learned Council, in the Law, for their judgment, whether there were any thing contained therein, upon which they might find matter whereon to ground an accusation of Treason. They did, after a serious perusal of the several particulars, and pretended Crimes, affirm to their everlasting Honour, that there was nothing which amounted to Treason,

Page 4

contained therein. So that all their pains and industry, noise and clamour, served to no other purpose, than the exposing there own folly and wickedness, and the making His Loyalty and Justice, shine with the more brightness and splendour; and the giving him a fresh provocation, as well as future opportunity, to pry more narrowly into, and with the greater vigour, oppose their Machivilian Designs, against His Soveraign, the Protestant Reli∣gion, & the interest of Brittain; and thereby sadly frustrate their BƲDDING HOPS.

Nor was it long before their pregnant and groaning Designs, gave him an oc∣casion to demonstrate his Zeal therein; for about April, or May, 1675. an odd kind of a Bill was unexpectedly offered one Morning in the House of Lords, whereby all such as enjoyed any benefici∣al Offices or Imployments, Ecclesiastical, Civil, or Military: to which was added, Privy-Councellor, Justices of the Peace, and Members of Parliament, were under a penalty to take the Oath, and make the Declaration and Abhorrence ensuing.

I A. B. Do Declare, That it is not lawful upon any pretence whatsoever, to take up Arms against the King; And that I do

Page 5

abhor that Trayterous position, of taking Arms by His Authority, against His Per∣son, or those that are Commission'd by Him in pursuance of such Commission. And I do Swear, That I will not at any time endea∣vour any alteration of Government, either in Church or State. So help me God.

The same Oath was brought in the House of Commons, in the Plague Year, at Oxford, and great endeavours used to have it imposed upon the Nation; but was strenuously opposed by the very same persons, that now introduced it in∣to the House of Lords, and by their assistance, thrown out as a pernicious thing, tending to the general infecting the Vitals of the Kingdom. And al∣though it then passed in a particular Bill, commonly known by the Name of the Five Mile Act, because it only concerned the Nonconformist Preachers; yet, even in that, it was mightily opposed by that faithful Friend to the Crown, the late Earl of Southampton, whose sentiments and judgment, in an Affair of that Na∣ture, might certainly have been account∣ed the Platform and Standard of Pru∣dence and Loyalty. This Oath they said was but a little thing, being only a

Page 6

moderate security to the Church and Crown. Yet, their so stifly defending it, when opposed by His Lordship, and o∣thers, together with their fierce and uni∣ted endeavours, to have it pass the House, made all thinking men suspect that there was some extraordinary Design wrapt up in it; and therefore contended for by them, not as a triffle, but a thing of that weight, that the whole stress of Affairs depended thereon. And indeed the Word Commission, as it was there to be taken, was of an extraordinary Ex∣tent and Latitude: for if it should have been for taking away Estate or Life, by force; or if the perion Commissionated were under never so many disabilities, by Acts of Parliament, yet, the taking that Oath, would have removed all those Incapacities, or his Commission would have ended the despute.

So that it came at last to be one of the greatest Contest, perhaps, that ever hap∣pened in Parliament; wherein his Lord∣ship, and divers, other Illustrous Peers, being assured of their own Loyal∣ty and Merit, stood up against the Oath, and pleaded for the Antient English Li∣berties: with the same Pious Vertue, and Heroick Courage, and Resolution,

Page 7

wherewith their Noble Ancestors had for∣merly defended the great 〈◊〉〈◊〉 of England; only they deserved far greater Commendation and Honour, in regard they grapled with far greater difficul∣ties, and had not so fair a Field to en∣gage in, but fought it out, under all the disadvantages imaginable; being over∣laid by numbers, and the noise of the House, like the wind, baring hard upon them: nor, being so few, could they as their Adversaries, withdraw to refresh themselves, in a whole days engage∣ment, yet, never was there a fuller de∣monstration. How dull a thing humane loquence is, and how small and inconsi∣derable! The most towering and insult∣ing greatness, when bright Truth dis∣covers all things in their proper colours, and dementions, and like the Sun, shoots its enlightning Rayes through all their fallacies. The Dispute lasted many days, with much eagerness on both sides, and was so warmly opposed, that the Parlia∣ment was Prorogued before the Lords came to any Resolution about it, but in the next Sessions, they ordered it to be burnt: It might be injurious to the rest of the Noble Lords, who took part with him therein, to attribute the whole suc∣cess

Page 8

to him; yet, the Promoters accused him of having first opposed it, and that he and the Duke of Buckingham, stirred up, and influenced the rest.

And therefore the Popish Party, who, it's probable, hop'd to have reaped the greatest advantage by that Oath banded against him, with as much fierceness as ever; and although they had failed of Murthering his Person, yet resolved to accomplish the ruine of his Reputation, influencing several Protestants, as well Clergy, as Laiety, to lend their helping hand to this great Work. The former were to bespatter him in their Pulpits, as if they were Conjuring down the Devil, instead of commending the Blessed Jesus, in the Tenders of the Gospel. The o∣ther were to bespatter him with their Pens, thereby to procure him the hatred of the Vulgar, who commonly take up things upon Trust, and believe every thing they read to be true: and because they could procure no better, they em∣ployed Needham, a mercenary Wretch, who had, with an audacious impudence, and unparalell'd virulency, Writ against two Kings; (Viz.) Our present Sove∣raign, and His Royal Father, and therefore the more fit for such an undertaking.

Page 9

His first Essay, was in a Libellous Pam∣phlet, called, Advice to the Men of Shafts∣bury, wherein he falsely charged him with many fictitious Crimes, and imaginary Designs, against the Government.

And thus having prepared the way to his ruine, (as they imagined) they hoped to accomplish by it an accident which happened quickly after in the ensuing Parliament, which met February 15th. 1676. after 15 months Prorogation upon this occasion. As soon as the King had fi∣nished his Speech, the Commons with∣drew, and the Lords had taken their Re∣spective Seats: The Duke of Buckingham, who usually says what he thinks, stood up and argued with great strength of rea∣son, that according to the Laws and Constitution of Parliaments, that un∣presidented Prorogation was null, and the Parliament consequently Dissolved, offering moreover to maintain it to all the Judges; and desiring, as hath been usual in such Cases, That they might give their Opinions; but a certain Lord fancying himself a better Judg of that weighty Point in Law, moved that the Duke of Buckingham might be called to the Bar; whereupon his Lordship stood up and opposed it as an extravagant mo∣tion,

Page 10

and ascertain'd the validity of Buck∣ingham's Proposals with all the Cicilian height of Courage and Reason. Where∣upon another Lord of no less considera∣tion, than the former, who had called the Duke to the Bar, stood up in as great pet, as if the Salt had been thrown down, or some such like ominous acci∣dent had happened, and with abundance of earnestness renewed the motion for cal∣ling the Duke to the Bar; but there were too many Lords between for that mo∣tion to succeed, and advice was brought every moment from the House of Com∣mons that the things was yet in agitati∣on, among them which gave his Lord∣ship an opportunity to appear with ex∣traordinary 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, there∣fore 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 De∣bate; many arguing it on both sides in a regular method, until they received the welcome News, that the Commons were

Page 11

risen without doing any thing; where∣upon 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 disso∣lution 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 plea∣sures. 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, not∣withstanding 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

Page 12

Bodies of James Earl of Salisbury, An∣thony 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 Parlia∣ment was several times Adjourned du∣ring their Confinement, which his Lord∣ship bore with abundance of patience, and incredible chearfulness, considering the many weaknesses and infirmities of Body he then laboured under: They ex∣pected to have been Released, at least of course, by Prorogation; but Adjourn∣ments was so much in use at that time, that it made them despair of being re∣leived that way, wherefore finding no end of their Captivity, they looked up∣on the procuring their Liberty to de∣serve as much care as others took to re∣tain

Page 13

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 Pe∣tition, were enlarged: But Shaftsbury could not come off so; for having made his Addresses to His Majesty in an hum∣ble Petition, to be restored to his Liber∣ty 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 him∣self to the Court of Kings-Bench, the constant Residence of His Majesties Ju∣stice, whether he was brought Wednesday, Jan. 27. 1677. upon the Return of an Alias Habeas Corpus, directed to the Con∣stable 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

Page 14

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 be∣half, 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 him∣self, 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. So∣licitor: 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

Page 15

those Cases where the Liberty of the Subject is concerned. The Lords House is the Su∣pream 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 Jurisdi∣ction 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 Jurisdi∣ction 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 War∣rant, or without any particular Cause as∣signed, do commit me or any man to a per∣petual and indefinite Imprisonment: And my Lords, I am not so inconsiderable a per∣son, but what you do in my Case must be Law for every man in England. Mr. Attorney

Page 16

is pleased to say I am a Member of the Lords House, and to lay wait on the word Mem∣ber.

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 be∣ing a Peer, or a Member of either House, shall not lose my priviledg of being an En∣glish-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 learn∣edly, 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 with∣out any instruction of mine that he mention∣ed 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 Plea∣sure. This Court will and ought to judge of

Page 17

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 Li∣berty. And if this Order or Commitment be a Judgment as the King's Council affirms, then it is out of the Lords hands, and pro∣perly before your Lordships, as much as the Acts which were lately passed, which I pre∣sume you will not refuse to Judge of; not∣withstanding 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 pow∣er, and the inconveniences will be endless.

Mr. Attorney was pleased easily to an∣siver 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 Disso∣lution; 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 easi∣ly answer. And if there can be no relief in this Case, no Man can foresee what will be hereafter.

Page 18

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, con∣cern 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 al∣ready, and came hither of necessity, having no other way to get my Liberty, and there∣fore am very willing to tender your Lord∣ship 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, deli∣vered their Opinions Seriatim; one of the Judges indeed was not there in Per∣son, but he adventured hower (to shew the exactness of his Justice) to de∣pute 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 una∣nimously

Page 19

concurring with the Opinion of their absent Brother, he was by them remanded back again to the Tower ac∣cording.

And thus his Lordship, being denied redress in the Court of Kings-Bench, re∣mained a Prisoner in the Tower, until the February following; and then on the fourteenth of that Month, the Parlia∣ment 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 acknowledg∣ment 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 pre∣sented 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 endeavour∣ing to maintain the Parliaments being Dissolv'd, was an ill advised Action; (and so must every Man acknowledg,

Page 20

who will strive in vain to sail against Wind and Tide,) but in the most sub∣missive Terms, assured them, that he was ready to make what further acknowledg∣ment 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, ano∣ther 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 up∣on Affairs, and improved this imaginary fault, as much as possible, to the preju∣dice of the Earl; hath since that time, been himself, guilty of the supposed Crime. And not only so, but hath rendred him∣self 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:

Page 21

To the Right Honourable the Lords Spiritual and Tempo∣ral, in Parliament Assembled.

The humble Petition of Anthony Earl of SHAFTSBƲRY,

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 pre∣judice of his Estate, and Family. In all hum∣ble Obedience therefore unto your Lordships, he doth acknowledge, That his endeavouring to maintain that this Parliament is Dissolv∣ed, was an ill advised Action, for which he humbly begs the Pardon of the King's Majesty, and of this most Honoura∣ble 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

Page 22

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 sub∣mission 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. SHAFTSBƲRY.

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 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 consi∣deration.

Page 23

Upon which the Lords refusing to make an Address to His Majesty, for his Lordships discharge, entered into a de∣bate 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 moti∣on of his Lordships Council, and the re∣turns thereupon were read; by which it did appear, that the Earl had been com∣mitted 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 Cor∣pus, 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

Page 24

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 willing∣ly, that might in the least offend His Ma∣jesty, 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 Maje∣sty, 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 Re∣solution, and Declaration, aforesaid.

Friday, February 22d. The Lords di∣rected a Warrant to the Constable of the

Page 25

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, kneel∣ing at the Bar, he received an account from the Lord Chancellor, of the Resolu∣tions of the Lords, concerning his Ap∣peal to the Court of Kings-Bench; where∣upon 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 sub∣mission 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 ve∣ry Learned Man) thought absolutely neces∣sary to the preservation of my Life; yet, I

Page 26

do profess to your Lordships, upon my Ho∣nour, 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 Decla∣ration, 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 ac∣count 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 spo∣ken by his Lordship; so that the Treasu∣rer 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

Page 27

little purpose) the House of Lords pro∣ceeded 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 Trea∣surer reported to the House, That the Lords with white sleeves, had waited up∣on His Majesty, according to their Lord∣ships Order. And that His Majesty was pleased to make this Answer, That he would give Order for his Lordships dis∣charge, which was accordingly perform∣ed: and his Lordship, by regaining his

Page 28

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 hap∣py Revolution, in 1666.) when they were in an unusual heat, artificialy kind∣led, 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 ac∣knowledge the wrong and injury, done to his Lordship and the other Noble∣men, who were committed upon that account: and to prevent that illegal pre∣ceeding from being made use of, as a President in future times, they damned the several proceedings thereon, by or∣dering the Commitment, and all things that concerned that Affair, to be ex∣pung'd, and raz'd out of their Jornal

Page 29

Books: that so, if possible, the very me∣mory of them might be extinguished.

And thus this illusterous Peer, did at length regain his Liberty, although somewhat sooner, perhaps, than his Po∣pish Enemies desired, or expected he should: but not without being severaly burlesqued, by a second Advice to the Men of Shaftsbury, Written by the Au∣thor of the former; hoping by a fre∣quent, and unwearied charging him with many fictitious Crimes, slyly insinuated, and audatiously affirmed, with all the confidence and formality, imaginable; they should at length, get them believed to be real ones. The whole Compositi∣on, both of this, and the former Advice, was made up of nothing in the World, but malice and revenge, carefully infu∣sed into the mercinary wretch, by the same aspring Favourite, who had im∣proved the Earls Application to the Court of Kings-Bench, into a Crime; and were inbibed by him, with all ima∣ginable greediness, hoping thereby to relieve his wants, and supply his necessity; and as liberally cast out in those two scurilous Libels, to poyson, and infect the froth of the Town, and the scum of the Universities, and that they might be the

Page 30

more successful, the Name of the Author is carefully conceal'd, not from any sparks of modesty, but that he might thereby with the more advantage, and security, exercise his Impudence, in defa∣ming the Earl: wisely considering, That if his Name (which justly deserves to be Intom'd, and Rot in his own infamy) should have been perfixed to them, it would certainly have spoiled the Design, by making it appear too bare-fac'd. And indeed, it redounds very much to the Earls Honour, and Renown, that his Enemies could procure no other to Write against him, than one, whose Pen had been so long implyed against his Sove∣raign.

But notwithstanding all those devices, the Earls Honour, and Reputation, was above the reach of their malice, as well as his Loyalty had been above the reach of their poyson, and infection. Nor was he thereby discouraged from opposing the Designs of the Papishes, as vigorously as ever: but endeavoured notwithstand∣ing, in the several Sessions of Parliament, to procure the passing such wholsome Laws, as might restrain Debauchery, and secure us against the growing De∣signs of Rome, and France; which tend∣ed

Page 31

to undermine the Protestant Religion, the interest of the English Nation, and prejudice, and endanger His Majesties Person, and Government. But more especially those two admirable Bills; The first whereof provided, That no Papish should hold any Offices, or enjoy any places of profit, or trust, either Civil, or Military: upon which His Royal High∣ness laid down several great Offices and Places, which were held, and enjoyed by him. And the second, for the disabling any Papish from siting as a Member in either House of Parliament, although this latter could not pass without a Pro∣viso, that it should not extend to the Duke of YORK.

However, these Acts of Parliament did not prevent there proceeding in those monstrous Designs, which they had so long been forming in their secret Cabals: To Murther the King, subvert the Go∣vernment, Massacre the Protestant No∣bility, and Gentry, extirpate the Prote∣stant Religion, and introduce Popery in∣to this Kingdom. Having for that pur∣pose, maintained Correspondence with a Neighbouring Prince, procured indul∣gences from Rome, to dispence with their taking the Oaths of Supremacy, and Alle∣giance,

Page 32

together with all other Tests, when it should be necessary for the manage∣ment of their Affairs; collected Mony, appointed Officers, delivered out Com∣missions, procur'd a Bull from the Pope, for the Excommunicating of His most Sacred Majesty; held divers Consults at Wild-House, the White Horse Tavern, and several other places, to consider of the methods which they were to take in this Conspiracy, and appoint every one the part which he was to act in the Plot. Wherein those vile 〈◊〉〈◊〉, and Tray∣tors, with an Hellish Impudence, adven∣tur'd to Declare the best of Kings to be Excommunicated, and Condemned as an Heretick, by the pretended power of the Pope, to lose both his Crown and Life: together with all the Protestant Nobili∣ty, Gentry, and Commonalty of Eng∣land, who had rendered themselves any way obnoxious, by their endeavours to suppress Popery, especially His Grace the Duke of Monmouth, and the Earl of Shafts∣bury. Nor were their Designs discover∣ed, till they were just ready to be put in Execution; all things being in as much readiness, as they were in the Gunpowder Treason against King James.

But yet, the watchful Providence of

Page 33

the Almighty, by whom (and not by that Grand Impost•••• at Rome) Kings Reign, and Princes Decree, Justice, it was seasonably discovered, to their amazement, and confusion, whereby they were driven to the very depths of de∣spair; fearing that their Villany being so plainly discovered, and their Cruelty, and Treason exposed, and undeniably proved by Coleman's Letters, Godfrey's Murther, Arnald's Assassination, &c. they should never be able to clear themselves, and retrieve their Plot. However, they Resolved to attempt both the one, and the other, by charging his Lordship, and others, who had been the most Zealous Prosecuters of the Plot; not only of having invented this Plot, which they affirmed was altogether a fiction, but also with car∣rying on a Treasonable Design against the King's Majesty, under colour thereof.

The Plot being thus discovered, his Lordship being moved by a Principal of Loyalty, to His Majesties Love, to his Country, and Zeal to the Protestant Re∣ligion; endeavoured to the utmost of his power, to have it narrowly enquired in∣to, and searched to the bottom, that so the mischevious Consequences of it might be the better provided against: and the

Page 34

King's Person, and Government, the Pro∣testant Religion, and the English Nation, might by an early Provision, be secured against the like attempts, for the future, as well as the present frustrated, which so much enraged them, that it added fu∣el to their malice, and sharpened their desire of accomplishing his ruine. Assu∣ring themselves, as the Lords in the Tow∣er told Mr. Dangerfield, That if they were as well rid of him, as they were of Sir Edmondbury Godfrey, they should then be able to conquer all difficulties, stifle the Popish Plot, and bear down all be∣fore them. Wherefore, finding him the greatest hinderance to their Designs, and the most active Man in prosecuting their Plot, they entered into a Resolution, to dispatch him into another World: as was affirmed by —Messenger, Gen∣tleman of the Horse, to the Lord Arun∣del of Warder, about three Weeks, or a Month, before Mr. William Stayley was apprehended: even so early did they begin their Designs of Murthering him, for endeavouring to expose their Plot. And not long after, Stayley, and Mattisson, being together at the Cross-Keys Tavern, in Covent Garden, Declared, That to pre∣vent the severities which might be the

Page 35

event of this discovery, they must take a speedy course to destroy some particular persons, who were the most active Men at that juncture of time; and that it was re∣solved on, to kill the Earl of Shaftsbury, as being the great encourager, and in∣fluencer of the rest: not long after which Matteson pull'd a Pistol out of his Pocket, in Mr. Prance's Shop, affirming he would therewith do Shaftsbury's business, having provided the same for that purpose; se∣veral others also assures Mr. Prance, that he would speedily be destroyed.

But after this, their rage was heigthned, and they supposed themselves obliged to a greater vigilancy, in accomplishing his ruine, upon the account of a Speech which was said to be spoken by him in the House of Lords, March, 25. 1679. upon occasion of the Houses Resolving it self into State of England, which was to the following Effect.

MY LORDS,

YOƲ are now appointing the considera∣tion of the State of England, to be ta∣ken up in a Committee of the whole House, some day the next Week. I do not know how well

Page 36

what I have to say may be received, for I never study either to make my Court well, or to be popular; I alwaies speak what I am com∣manded by the dictates of the Spirit with∣in me. There are some other considerati∣ons that concern England so nearly, that without them you will come far short of Safety and Quiet at home. We have a lit∣tle Sister and she hath no Breasts, what shall we do for our Sister in the day when she shall be spoken for? If she be a Wall, we will build on her a Palace of Silver; if she be a Door, we will inclose her with Boards of Caedar. We have several little Sisters without Breasts, the French Protestant Churches, the two Kingdoms of Ireland and Scotland; the forraign Protestants are a Wall, the only Wall and Defence to Eng∣land; upon it you may build Palaces of Sil∣ver, glorious Palaces. The protection of the Protestants abroad, is the greatest pow∣er and security the Crown of England can attain to, and which can only help us to give check to the growing greatness of France. Scotland and Ireland are two Doors, either to let in good or mischief upon us; they are much weakned by the Artifice of our cunning Enemies, and we ought to enclose them with Boards of Caedar.

Popery and Slavery, like two Sisters, go

Page 37

hand in hand, sometimes the one goes first, sometimes the other, but wherever the one enters, the other is always following close at the Heels.

In England Popery was to have brought in Slavery; in Scotland Slavery went be∣fore, and Popery was to follow. I do not think your Lordships, or the Parliament have Jurisdiction there. It is a Noble and Ancient Kingdom; they have an Illustrious Nobility, a Gallant Gentry, a Learned Cler∣gy, 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 Favourites, and Councils: When they are hardly dealt with, can we that are Richer expect better usuage? For 'tis certain, that in all abso∣lute Governments, the poorest Countries are most favourably dealt with. When the An∣cient Nobility there cannot enjoy their Roy∣alties, their Shrievaldoms, and their Stew∣ardies, which they and their Ancestors have possessed for several hundred of years, but that now they are enjoyn'd by the Lords of the Council to make Deputations of their Authorities to such as are their known Ene∣mies, can we expect to enjoy our Magna Charta long, under the same persons and

Page 38

Administration of Affairs? If the Council∣Table there can imprison any Nobleman, or Gentleman, for several years, without bring∣ing him to Tryal, or giving the least Rea∣son 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, Liber∣ties, and Estates subjected to the Arbitrary Will and Pleasure of those that govern. They have lately plundered and harassed 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 ma∣naged it, was only prevented by the miracu∣lous hand of God, or otherwise all the Pa∣pists in England would have been armed, and the fairest opportunity given, in the nick

Page 39

of 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 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, 'tis not pos∣sible 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, and that those men that are still in place and Autho∣rity, 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 which 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 something too, now I consider, that most immediately con∣cerns us, their Act of Twenty two Thousand Men to be ready to invade us upon all occasi∣ons. This I hear, that the Lords of the Council there have treated as they do all o∣ther Laws, and expounded it into a stand∣ing

Page 40

Army of Six Thousand Men. I am sure we have Reason and Right to beseech the King, that that Act may be better consi∣dered 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 we were there a Felon, a Rogue, a Plunderer, I should desire him to live else∣where; 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 reco∣vered from being the suspected Party. The Sea-Towns as well as the In-land, are full of Papists: That Kingdom cannot long con∣tinue 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 un∣der your Laws. Therefore I beg, that this Kingdom at least, may be taken into consi∣deration,

Page 41

together with the State of Eng∣land; 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 con∣stitute 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 intro∣ducing the Popish Religion into England; they sent it up to the House of Lords, where his Lordship was one of those Ho∣nourable Lords, who Voted for its pas∣sing that House, in order to its being of∣fered to His Majesty, for His Royal As∣sent.

The Grand Jury returned for the Hun∣dred

Page 42

of Osalstone, in the County of Mid∣dlesex, in June the 2d. 1680. finding the Constables defective in not presenting the Papists as they ought: it was order∣ed they should make further present∣ments 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 follow∣ing Reasons for his being indicted, sub∣scribed by the persons undernam'd.

First, Because the 25th. Car. 2d. when an Act was made to throw Popish Re∣cusants 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, Ge∣neralissimo of all His Majesties Forces, both by Land and Sea, Governour of the Cinque Ports, and divers others,) thereby to a∣void the punishmant of that Law against Papists.

Secondly, 30. Car. 2d. when an Act was made to disable Papists to sit in ei∣ther 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

Page 43

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 in∣fluence 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 Bi∣shops 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 Com∣mons hath Declared him to be a Papist in their Votes, Sunday, April, 6th. 1679.

Page 44

wherein they resolv'd nemine contradicen∣te, that the Duke of York's being a Papist, and his hopes of coming such to the Crown, had given the greatest counte∣nance and encouragement to the present Conspiracy, and Designs of the Papists, against the King and the Protestant Reli∣gion.

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 Hunger∣ford, 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 Thir∣tieth,

Page 45

the former Lords, Knights, and Gentlemen, with the addition of the Lord Clare, Sir John Cope, Barronet, Sir Row∣land Gwynne, and Mr. Wandsford, present∣ed the same to a second Grand Jury, who were discharged as the former.

But whilst his Lordship was thus vi∣gorously 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 Ca∣ballistical Designs, carryed on against this Earl, and all the rest of the Protestant Nobility, and Gentry in England, where∣in 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, wil∣lingly 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 inqui∣red the Reason why they thirsted after his Life, and how there might be any

Page 46

probable way proposed, whereby it might be accomplished? to which it was an∣swered. That as to the first, they should be glad to have him out of the way, be∣cause, 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 desira∣ble, 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 re∣ward 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 follow∣ing, to instruct him in the most dexte∣rous and probable means of putting the

Page 47

Design in execution, and secure the pay∣ment of the 500 l.

All things being thus agreed on, the Lord P—s, took him by the hand, and wished him good success; And to render him the more pliable and active in this designed Tragady, he was sent first to the Lord Castlemain, then to Sharp the Priest, and last of all to Jack Gadbury the Fortune-Teller: by all whom he was severely scoulded, for not com∣plying with the Popish Lords in their command to kill the King, insolently upbraiding him with horrid ingratitude, in refusing to perform that for which he was taken out of Prison and maintained in so much splendour, ever since. Ho∣ping that this chiding might raise in him a magnanimous Resolution to regain the Credit he had lost by that refusal, by a Resolute perpetrating the Murther of his Lordship.

Dangerfield being thus prepared, on the Sunday following Regaut came to Mrs. Celliers, and having first dined together, he gave him general directions how to accomplish the Murder, demanding how he would order the Mony to be paid, when he had performed the enterprise? telling him, that if he pleased, it should

Page 48

be brought in Guinneys, and lest with Mrs. Cellier, for him; but he disliking the way, desired, That when Regaut heard that the Lord Shaftsbury was Dead, and should receive a Note from him, that then he would immediately pay the Mony for his use, which he pro∣mised should be done accordingly. But ordered him to attend on Sharp, and some others, for more particu∣lar instructions, how to Act this Tra∣gedy; He attended upon them several times, before they could resolve what me∣thod he should take. However, to pre∣vent his flaging, he was commanded by the Conspirators to repair to Knowles the Priest, to confess, and receive the Sa∣crament, which he did at Knowles's Lodg∣ing, at a Coffe-House in White-fryars, from whom he received some directions, how to proceed in the Murther: but Danger∣field telling him that they were silly and impractable, Knowles sent him to the La∣dy Abergaveny, telling him that she was a Witty Lady, and had some Correspon∣dence with the Lord Shaftsbury, and therefore was the more capable of advi∣sing him. Wherefore he presently re∣pared to her Lodgings at the House of Mr. Grissin, in great Lincolns-Inn Fields,

Page 49

where he found easie admittance into her Ladyships Chamber, upon sending in word that he came from Knowles. So soon as he entered, he acquainted her who he was, and the business he waited upon her Ladyship about. Sir, said she, I have received a very good Character of you, and therefore think my self obli∣ged to return you thanks for the extraor∣dinary diligence wherewith you have managed our business hitherto, and I hope you will proceed with the like care until you have finished what you have so well begun. As for the taking the Earl of Shaftsbury out of the way, it's a thing of no difficulty, it being altoge∣ther as easie to kill him, as to kill a Bird on a Tree. Pray Madam, which way shall I do it, with so much 〈◊〉〈◊〉 and ease, said Dangerfield? why several waies, replyed the Lady, it may be done; but I would have you pretend to Cure the Gout, and my Lord being troubled with that Distemper, I will recommend you to him under that pretence, whereby you will easily gain admittance, which having obtained, you must watch your oppor∣tunity to dispatch him.

From thence Dangerfield went to P—s's House, and acquainted the

Page 50

Countess where he had been, and the se∣veral waies which had been proposed by Knowles and others, for the Murthering the Earl of Shaftsbury, but more especi∣ally the Ladys Project, as being the more likely way to succeed. To which the Countess replyed, It was but a silly con∣trivance, yet, peradventure it might do. However, she gave him no order to pro∣ceed thereon as yet. But resolving, if pos∣sible, to make sure work, they obliged him to charge his Lordship with Trea∣son, by making him one of the Prote∣stant Peers, whom they intended to charge with a Conspiracy against the Kings Crown, and Life; that so if they failed of Murthering him with their hands, they might however destroy him with their breath. To which purpose, his name was inrolled in that List which was found in the Meal-Tub, and gave the first light into their Plot, which was more fully discovered by Dangerfield's miscarrying in the chief part of their Conspiracy; (Viz.) placing the Trea∣sonable Papers in Collonel Manse's Chamber, whereby all was spoiled for that time. And Dangerfield being to wait on His Majesty, to give him an account of this pretended Plot, the Coun∣tess

Page 51

of P—s gave him directions to lay all the Burthen he could upon the Pres∣byterians in general, but more especially upon His Grace the Duke of Monmouth, the Earl of Shaftsbury, Lord Grey, of Wark, Lord Howard of Escrick, the Duke of Buck∣ingham, and some others. And that he should explain to His Majesty, the mean∣ing of the Contents of the several Papers he had presented to the Duke (who was the person that introduced him to His Majesty, to make this pretended discove∣ry) and how the Presbyterians were resol∣ved to use their utmost endeavours for the reducing the present Government, and setting up a Common-wealth once more, and setling His Grace the Duke of Monmouth therein (a likely business) and that the Earl of Shaftsbury, and other per∣sons of Honour, were issuing out Com∣missions for that purpose, and had promi∣sed some to several persons.

And having hereby secured this De∣sign indifferently well, as they thought, and being now come to a Resolution in what method Dangerfield should attempt his Lordships Life, they commanded him to repair to Sharp, and confess and re∣ceive, (it being their common custom to make them receive the Sacrament, and

Page 52

Introduction to the horridest Villanies) and the crafty Priest having first palliat∣ed the Murther, by urging the necessity of it, and the extraordinary advantage that would thereby redound to their Cause and Party, and so covered the Crime with a Mantle of Religion, that he made it appear meritorious. He then pro∣ceeded with abundance of Formality, and Jesuitical Zeal, to Conjure him by all that was good or sacred, that he should with all possible speed stab his Lordship, so soon as he should receive order from the Popish Lords so to do. He promised he would, and so the impudent Ecclesia∣stical Villian dismissed him with abun∣dance of costly benedictions and hearty wishes for the happy success of his enter∣prizes. And a Letter coming for the Lords in the Tower, which commanded him to go that very night, and put their Resoluti∣on of stabing his Lordship in Execution, he received instructions not to enter into any discourse with him, when he had him alone, but after a little Apology for his coming to his Lordship without be∣ing sent, or introduced by any other person, and desiring to know whither, if it should sall out to be in his power to serve him, he should obtain so much fa∣vour

Page 53

of his Lordship, as to find his service acceptable to his work; and then receiving a short French Dagger (as he judges it to be) provided for that purpose, by the Virgi∣nia Merchant, he went immediately to Thannet House, in Aldersgate-street, where his Lordship lived, and found ad∣mittance with more ease and freedom, than he expected; the Earls Innocen∣cy rendring him altogether without sus∣picion; But Dangerfield finding divers persons in the Room where his Lordship was, and fearing least some of them migt know him, and thereby he be discovered, he pretended his business required privacy, and humbly desired to speak with his Lordship alone, whereupon he sent him with one of his Gentleman up stairs, and soon after his Lordship coming himself to know what business he had with him, Dangerfield re∣peated over the story wherein he had been instructed, but his Lordship not knowing what to make of it, entered in∣to some other discourse with him; but Dangerfield perceiving some persons to be at the other end of the Room, was struck with a suddain horror and sear of mind, and the dread of being discovered was so terrible to him, that he was in

Page 54

tormented to be gone, and presently ta∣king his leave return'd, and acquainted those who had employed him, that he had been with his Lordship, and there being too many persons in the Room, be thought it not safe to make an attempt upon him at that time; but withal to save his Credit, assured them the thing was easie to be done, and promised to do it the next time he went. The next morning early, his Boy went to the Tow∣er with a Letter, wherein he gavean Ac∣count to the Lords, that he had entered himself at the Earl of Shaftsburys, and promised without fail, to dispatch him within a few days. The Countess her self wrote an Answer to that Letter, and ordered Dangerfield to go to the King, and acquaint His Majesty that he had been at his Lordships to make some further discovery of the New Plot, and that he should tell His Majesty Verba∣tim, what he had said to his Lordship, and that he had promised to get him an employ, and to take care of him. The next morning he went to the King, and repeated his Lesson accordingly.

About two or three days after, he was ordered by the Conspirators to repair to his Lordship again, and frame a dis∣course

Page 55

to him, to this or the like Effect: (Viz.) My Lord, I am now come with something that very nearly concerns both your Lordships Honour and Person: for if your Lordship should be sent for before the King and Council, and there have several Accusations of High-Trea∣son brought in against you, and you should thereupon be committed to the Tower, and that the Evidence, to main∣tain those Accusations, should prove Let∣ters written by your Lordships own hand, then I hope you will believe I am your faithful Servant. Having re∣ceived these Instructions, and the Dag∣ger, he went in the dusk of the Even∣ing, a second time to Thannet House, where sending for Mr. Shepherd, one of his Lordships Gentlemen, to the Door, he acquainted him with his desire of speaking privately with his Lord. Mr. Shepherd having first acquainted his Lordship therewith, took him into a Room, which Dangefield supposed to be his Lordships Closet, desiring him to stay there, and telling him the Earl would come to him presently.

But as soon as the Gentleman was re∣tired, Dangerfield began to look about the Room, and found another Door, besides

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that at which he came in; and percei∣ving it lead into the same Room where he had been with his Lordship before, he concluded, that if the Earl came into the Closet, he would immediately have stab'd him, having the advantage of two Doors to escape by, intending so soon as the fa∣tal stroak had been given, to put out the Candle, and under the colour of lighting it, make his escape. But Divine Provi∣dence so ordered it, that his Lordship came not at all into the Room, but after two hours waiting (which he employed in searching many Letters, and other Pa∣pers, which he found in a Table-Draw∣er, putting some of them into his Pock∣et, which when they came to be perus'd, prov'd to be Letters from Sir Richard Bulstrode, His Majesties Agent at Brus∣sels, the Contents whereof imported no more than the then present posture of Af∣fairs in that Country) sent for him into the next, which disappointment so con∣founded him, that he had no power to proceed in his bloody determinations: but having repeated his Lesson to his Lordship, left him to meditate upon the comused and groundless story, and re∣turn'd with a seigned chearfulness, which made those that had sent him flush with

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hopes that he had succeeded in his enter∣prize; but when they understood the contrary they were extreamly concern'd, having assured themselves of the like success that they had found in the Assas∣sination of Sir Edmondbury Godfrey. And Mr. Wood was sent from his Lord to tell him, that of all people, he admired to find him so great a Coward: and that however it was his Lordships pleasure to try him once more, ordering him in the mean time to make the most of those Letters, by repairing to White-hall, and acquainting the King with the Discourse he had with his Lordship, and shew the Letters of Sir Richard Bulstrode, to His Majesty, that thereby he might obtain the greater Credit; and least the Earl should have suspected the Intreague, by missing of his Letters, and be with the King before him, he was com∣manded to make no manner of delay, but repair immediately to His Majesty; For, said he, if the Earl should be there before you, it may be more prejudicial to you, than perhaps you imagine. He was moreover to tell the King, that a great number of very dangerous Papers relating to the Presbyterians design, were in the Lodging of Collonel Mansel, and

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desired a Warrant to seize on them.

Upon this Dangerfield went immedi∣ately to Mr. Cheffinch, who had introduced him to His Majesty once before, and was by him placed in a Room which the King was to pass through; and His Majesty seeing him there, asked him what he had to say to him? he answered, accord∣ing to the instructions he had received, and humbly prayed a Warrant to search the Collonel's Lodgings; His Majesty bid him repair to Mr. Secretary Coventry, and acquaint him with the business, who would thereupon grant him a Warrant. Upon this away went Dangerfield to the Secretary, and having first acquainted him with the Story, told him it was His Majesties pleasure he should wait on him for a Warrant: Notwithstanding which the Secretary absolutely refused to grant him one, unless he would first make Af∣fidavit, that there were such Papers in the Collonel's Chamber, and what the Contents of them were. But the Gen∣tleman could do neither: The first he could not Swear, because the Papers were not then there, but were to have been conveyed thither after the Warrant was obtained; And the second he was afraid to Swear, least the Secretary, who was

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a very wise and judicious person, should presently apprehend the Truth, that they were framed and conveyed thither by himself, since it would have been impossi∣ble otherwise to have known the Con∣tents of Letters in a Gentlemans Cham∣ber, with whom he had never exchanged two words in his Life; wherefore refu∣sing to make Affidavit, he was forced to go away without a Warrant. Where∣upon he repaired to the Lord Peter—telling him what had happened, and that he had been twice at the Earl of Shaftsburys. His Lordship seemed to be well pleased therewith, and promised, that when any Forces were raised, he would put in for a Regiment of Horse, and would give him a Troop in the same, but withal, bid him be sure to do the Earls business the third time. How∣ever the Countess of Powis and Mrs. Cel∣lier, were extreamly angry with him for refusing to make such Affidavit as the Se∣cretary required, for the obtaining a War∣rant: telling him he might safely have sworn, since he had formerly seen, and been at the Writing of some of them, & that at the worst, it could not be Perjury, because the Oath was not made in a Court of Record, perswading him to make amens

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for that oversight, by repairing again to Thannet House, and there, without any hissitation or fear, stab the Earl of Shafts∣bury. He desired to be excused in that Affair, assuring her that his two former disappointments had so discouraged him, that he could not possibly perswade him∣self ever to make any further attempts in that kind. At which her Ladyship seeming very much concerned, obraided him with Cowardice, and said she would go her self.—No Madam, replyed Mrs. Cellier, that shall not be, for I will go and do the business so effectually, that there shall be no occasion for a second attempt, whereby I will convince the World, that some of our Sex are braver, and more couragious and daring, than the Men.

Then the Countess asked him if he had learned where Mr. Mansel's Lodg∣ings were? yes, said he, with a great deal of trouble, I have; he Lodgeth at Westminster. Why then you timerous person, said she, pray take these Papers and convey them privately into some part of his Chamber, Closet, or Trunks. He told her it was impossible to do that, in regard he had no manner of knowledg of him. You must, said her Ladiship, find out some way or other to get ac∣quainted

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with him, and then you must invite him to the Tavern, and Drink smartly, whereby you may doubtless have an opportunity to Lodge the Pa∣pers in some part of his Cloaths, and so soon as you have done that, you must immediately upon pretence that he has spoke Treason, call for a Constable, and get him apprehended, and searched, and the Papers carryed to the King and Coun∣cil, and so get him committed. This was to have been the Introduction to their Con∣spiracy for destroying not only this Illustri∣ous Lord, whose vertue, and firm, and stedy cleaving to the Interest of His Majesty, and the Protestant Religion, had rendered him the greatest Object of their hatred and ma∣lice, but likewise of all the chief English Protestant Nobility and Gentry, who had any way discovered their Aversation to Po∣pery, by endeavouring to have their Hellish Designs against the Sacred Life of His Ma∣jesty, and the Protestant Religion, throughly searched into and prosecuted.

For upon this he was to have moved the King and Council, to have impower∣ed him to search the Lodgings and Hou∣ses of several other Gentlemen (whither they were to have conveyed the like Treasonable Papers.) Then she deli∣vered

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him fifteen Letters, and a List of Names, but one of the Letters, and the List of Names, being Written by her own hand, she desired him to get them Transcribed: which he offering to do himself, was told by her, that it must not be done by him, because they were to be brought before the King and Council, and the King having received from him some Remarks, Written with his own hand already, would thereby discover the whole to be forged. Wherefore having got a Scrivener over-against Sommerset House, to Transcribe them, he went to Ax-yard in Kings-street, Westminster, where inqui∣ring for Lodgings, he was directed to Mr. Harris's, which was the very House where the Colonel Lodged: and there, under the feigned Name of Thomas, desi∣red to know what Chambers they had to dispose of, and being shewed all the Rooms in the House, none would please him, but the two Rooms up one pair of Stairs; but was told that Colonel Man∣sel Lodged in them, and therefore they could not be disposed of without his con∣sent, which could not then be obtained in regard he was not at home, so that he could not effect any thing at that time.

Wherefore the Female Hero resolving

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to approve her self the Champion of the Popish Cause, went with a feigned Com∣plement to his Lordship, hoping before her return, to give him a Wound some∣what more fatal than that which she had formerly given to some others of our Sex. But his Lordship according to his usual custom when he Treated with Strangers, kept a strict Eye upon her du∣ring the whole time they were discour∣sing together, and perceiving her to be busily fumbling about her Pockets, he gently laid his hand upon hers, and plea∣sently drol'd with her concerning the business she pretended to visit him about, whereat being very much troubled and discouraged, she presently took leave of his Lordship. But being advanced al∣most as far as the Door, and reflecting up∣on the disgrace she should bring upon her self, by having promised never to return but with the happy News of Victory, and yet accomplishing as little, or less than Dangerfield, whose Cowardice she had exclaimed against with so much scorn and contempt, she suddenly returned to∣wards his Lordship, resolving not to stir from the spot, until she had laid him at her Foot. But the Earl seeing her come back, steps to her, and as if guided by the

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direction of some superior influence, laid his hand upon hers as before, which so dashed her out of countenance, that she was forced to depart without success. Heaven having Decreed that this Illuste∣rous Peer, who had been so useful to the King and Kingdom, should not loose his Life so tamely, and fall a Sacrafice to pa∣pal Rage; Nor that the English Anals should ever report to succeeding Ages, that the great Shaftsbury was slain by the feeble hand of an Impeous Strumpet.

This disappointment heightened their Rage, and made them resolve to hasten the finishing of their Plot, not doubting but to involve him in the common ruine of the rest of the Protestant Nobility. Wherefore Dangerfield went presently and took the two Rooms where Mansel Lodged, he having consented to remove one pair of Stairs higher, that so he might not hinder the House of so benificial a Lodger as he seemed to be. And being conducted into the Room where the Co∣lonel was to Lodge, whilst his own was put in order, and fitted for him, he laid hold of that opportunity to place those Treasona∣ble Papers behind the Colonel's Beds-head, and then acquainted the Conspirators with what he had done, who ordered him to

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go again to the King, and desire a War∣rant to search. Accordingly he went to Mr. Cheffinch, and was by him brought to His Majesty, whom he earnestly sollici∣ted for a Warrant: but His Majesty ac∣cording to His accustomed wisdom, sent him again to Secretary Coventry, who be∣ing no less suspicious of him now, than he was before, no Warrant was to be ob∣tained from him; wherefore the Conspi∣rators being informed, they resolved, That having proceeded so far, they would not be baffled by one difficulty, wherefore they commanded him to re∣pair 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 search∣ed 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,

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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 remo∣ved it about three foot from the Wall, but could find nothing; whereupon Dan∣gerfield 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 open∣ing 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 like∣wise in that Paper against His Majesty, wherefore the Papers ought to be all seized, and the person who owns them, if he were pre∣sent, 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

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that means their Design might be spoiled, and their hopes frustrated, ordered him to go forthwith and tell the King the man∣ner 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 return∣ed, 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 oppor∣tunity 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, not∣withstanding their disloyal Principles and Practices, believed to be so, by some per∣sons 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

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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 cen∣sured as a slight, and that would have ar∣gued Guilt, and his personal Guilt would have involved hundreds of other innocent persons in the same Condemnation. Wherefore being assured of his own Loy∣alty and Innocence, he went to the Cu∣stom-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 an∣swered, 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 Deposi∣tions, and found upon the whole matter, that it was a malicious Design to in∣volve a great number of Innocent per∣sons in the Guilt of Treason and Rebelli∣on against His Majesty; whereupon he made out a Warrant for apprehending him, which being delivered to a Consta∣ble, they went along with him to Mrs. Celliers, where he then, and the St. Omers

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Novices formerly had Lodged, there the Constable and Warrant found him. When he understood their business, he exclaim∣ed 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 appear∣ance 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, be∣longing to the Mint, who knew him, and had formerly prosecuted him for utter∣ing false Guinneys; whereupon being conscious of his Guilt, and fearing that the Gentleman would undoubtedly have

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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 pro∣vocation, to Curse and Damn him, de∣manding 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 order∣ed him to take Do'ley's depositions con∣cerning Dangerfield; ordering moreover a Messenger to take him into Custody, which was presently done, and he was carryed to the King's Head Tavern, whi∣ther the Justice came to examin him as

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soon as the the Council was risen. But in the mean while he Writ a Note to Mrs. Cellier, and ordered her to acquaint the Lord and Lady Powis, that he was appre∣hended, for they knew that the Messen∣ger would not suffer the Note to be sent, until he had first read the Contents of it; which having done, the Boy carryed it according to directions.

The next day Colonel Mansel and he, being both called into the Council Cham∣ber, the Lord Chancellor demanded of the Colonel, what Correspondencies these were which he held? Here are Pa∣pers, saies he, of dangerous Consequence, importing no less than the levying Men, and raising Rebellion against the King; here is also a Catalogue of Names whom you have listed. The Colonel affirmed he knew nothing either of the Letter or List of Names, nor never did, or ever would hold any Treasonable Correspon∣dence with any Man living; And humbly prayed the favour of the Court, that he might be permitted, how he came by a sight of those Papers, assuring them that he did not question but to make it ap∣pear, that those Papers were brought in∣to his Chamber by Dangerfield; and up∣on leave given by the Board, he gave

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them a full and clear account of the whole Matter, whereupon he was ordered to call in his Witnesses, which he did. And Mr. Harris made Oath, That the Papers then before the Council, were the same which were left at his House by Mr. Sretch, and Mr. Bostock: who made Oath, That being inform'd by Dangerfield of certain prohibited goods concealed in Ax-yard, they appointed to meet him at Mrs. Celliers, in order to go with him to seize them, but when they came there he was not then ready, having not yet lain at his New Lodgings; but told them, that he intended to go to them that very night, and therefore appointed them to come the Wednesday following in the Morning, and that when they came there, they found Dangerfield in his Chamber, and one Bedford with him; and that Dangerfield took them aside, least Bedford should hear, and whispered to them, that the goods were in the Room above Stairs, and desired them to charge him to assist 'em, which they did (and that after a narrow search) finding no such goods as they were informed of, he pointed towards the Bed, whereupon they pulled it away from the Wall, and searched very narrowly, but could disco∣ver

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no goods, nor did the Papers appear to them; whereupon he pointed to the Beds-head, and then Mr. Stretch went behind the Bed with a Candle, but could see nothing. And that then Dangerfield went himself behind the Bed, and calling to them, cryed, What's that hangs there? pointing to a bundle of Papers, that were pinned to the Beds-head; which they had no sooner taken down, but he snatched one of them out of the Officers hand, and cryed out, Here's Treason! There was in that Paper, words to this Effect. I wonder at your delay, and that the four Lords have left us! for now the Tyrant has declared himself a Papish; (which agreed very well with what they af∣terwards endeavoured to charge upon his Lordship, and the rest of the Protestant No∣bility:) upon the reading of which words, he cryed out, Did not I tell you these were Treasonable Papers? they ought to be secured, and the person whose Cham∣ber this is, if he were present. They swore likewise, that the Papers which the Council had then before them, were the same which they took down from behind the Beds-head, and that they did verily believe them to be placed there by Dangerfield.

Page 74

The Council proceeding no further in the examination of the Plot that day, the Justice took Bail for Dangerfield, till the next day; And then the Colonel Petitioning that the rest of his Witnesses might be heard, His Majesty Adjourn'd the Examination thereof till the next Council day, in regard of some other business which the Council had then be∣fore them, whereupon Dangerfield mo∣ved, that till then he might be Bailed, but His Majesty refused to grant it, and ordered in Council, that he should be ta∣ken into Custody by the Messenger: who acquainting Dangerfield therewith, he stormed, and said, He was confident there was no such order, for he knew there were those persons that would not suffer him to be so Treated: but the Messenger insisting upon his order, de∣manded his Sword, which he very unwil∣lingly delivered, and so was conducted to the Messengers House. He had the im∣pudence to move the Board, that the Colonel might be committed likewise, but my Lord Chancellor opposed the motion, and so it fell.

On the Monday following, they being both called into Council, and Dangerfield having by that time received instructi∣ons

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from the Conspirators, how to pro∣ceed in it, Addressed himself to His Ma∣jesty, affirming there were in all sixteen Papers, desiring to know what was be∣come of the rest which was before the Council, and what was become of the Box of Treasonable Papers, and two or three hundred Letters. Adding, That Mansel had got together a company of Witnesses to disparage the Kings Evi∣dence, and to palliate his Treasonable Practices, and desiring leave to ask him some questions, which being granted, he asked him, if he did not frequent a Club in Westminster Market? whether he did not know one Disney Lisle, English Grange, and Brown? whether he did not bring into the Club a Pamphlet, called, A Word without Doors, and read it pub∣lick to the Club? whether he did not after the reading thereof, utter Seditious Words again His Royal Highness.

Mansel replyed, He knew many of the Gentlemen he had named, that they were very honest Gentlemen, and good Subjects, and that all of them lived in Westminster, except Captain Brown, who had been Lieutenant to Major Russel's Troop of Horse, in His Royal Highnesses Regiment. But for all Treasonable dis∣course

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with them, or any other persons, he utterly disowned, and was thereupon commanded to call the rest of his Wit∣nesses, who appearing, proved that there were no more Papers taken in the Cham∣ber than what was before the Council; And Mr. Bedford, who lay with Danger∣field the night before the pretended dis∣covery, and was to have been an Assist∣ant in the management of the Plot, ac∣quainted the Council, That after the searching the Colonels Chamber, and seizing the Papers there, he went to Mrs. Celliers, and told Dangerfield what an ill thing he had done, both in injuring Mr. Mansel, and likewise by ingaging him in so base and vile a business, desiring him therefore to discover and lay open the whole contrivance, and who it was that put him upon it; And that Dangerfield replyed, He did not doubt but to come off well enough, since so great persons had ingaged him in it, &c. Mr. D'oiley de∣posed, that he had prosecuted him at two several Sessions, held in the Old Bayly, for uttering false Guinneys; to which Dan∣gerfield replyed, He was indeed twice pro∣secuted upon that account, but it was out of pure malice: And that for the se∣cond time, he had received His Maje∣sties

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Gracious Pardon: wherefore he ho∣ped those Matters would not be remem∣bred against him now, to the prejudice of his Evidence. The Earl of Essex de∣manded of him, who had sollicited His Majesty for his Pardon? he answered, Captain Richardson; then his Boy Wit∣nessed that he had Lodged at Powis's House, and had been several times at the Lord Powis's Lodgings at the Tower: That he had several times sent him with Letters and other Papers, to the Lord Powis, and that he had brought him back Answers: That the Lady Powis had been several times at Mrs. Celliers, during the time that Dangerfield Lodged there, and particularly on the Saturday was seven night before, when she was alone with him in a Room, in private discourse, a∣bout half an hour. Then the Lord Chancellor asked him whether he had ever been with the Earl of Shaftsbury? to which he replyed, He had been seve∣ral times with his Lordship, and had dis∣coursed with him, repeating some of those things which had passed between them. You are in the mean time, saies the Chancellor, a fine Fellow, to come first to the King, then to the Lord Powis, and from thence to the Earl of Shafts∣burys,

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and discover to one, what discourse you had with the other, and go with one Story to the Earl of Shaftsbury, and bring another to the Council; And indeed the business appeared so plain to the Board, that they committed him to Newgate, by the following Warrant.

THese are in His Majesties Name, to require you to 〈◊〉〈◊〉 into your Custody the person of Thomas Willoughby (which was the Name he then went by) herewith sent you, for forgng Letters, importing High Treason, and fixing the same private∣ly at Mr. Mansel's Chamber, to render him Guilty thereof without cause; And you are to keep him safe till he shall be delivered by due course of Law: for which, this shall be your Warrant.

Council-Chamber, Whitehall, October, 27th, 1679.

To the Keeper of Newgate, or his Deputy.

ANd now the wickedness which had hitherto hovered in the Dark Ca∣vernes, began to be more and more ex∣posed: for Mrs. Celliers House being searched, the whole Scheam of their Villa∣nies was found hid in a Tub of Meal, they

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having assured themselves that none would be so scrutinous as to to search there: whereupon she was apprehended, and being examined concerning Mr. Dangerfield, she said she had entertained him upon no other account than to get in desperate Debts. However, being sent to the Gate-House, she presently dispatcht away a Paper to him, telling him, That now her Life lay in his hands, and there∣fore directed him to confirm what she had said; That he was taken into her House only to get in bad Debts, &c. sending him withal Twenty Shillings in Silver, and a Guinney and two Books of Account, that so he might Conover, and be perfect in his Lesson. But taking Caution by the unfortunate Mr. Coleman, he resolved not to throw away his Life as he had done, nor patiently consent to be Hanged, to please the Conspirators. Wherefore he made a full discovery of the whole Matter, upon Oath before Sir Robert Clayton, then Lord Mayor of Lon∣don; whereupon Sir Robert repaired to Whitehall, and gave an account thereof to His Majesty, who presently sent it to the Council, and Dangerfield was there∣upon by order of Council brought before them, and was further examined by their

Page 80

Lordships, who thereupon committed the Earl of Castlemain to the Tower, Mr. Gadbury to the Gate-house, Mrs. Cellier, and Mr. Regaut, to Newgate, and the Countess and others, into the Custody of His Majesties Messengers: and the whole Design was at several times unde∣niably proved before them, by innume∣rably concurring Circumstances, and substantial Evidences, and the Conspira∣tors themselves confest the greatest part of it to be true. But yet hoping to make the best of it, and turn it off to the Lord Shaftsbury, and the rest of the Protestants, whose ruin they thirsted for: their Ora∣cle Gadbury, pretended to make some great discovery, in case His Majesty would grant him his Pardon, which he Graciously promised to do. But his Lordship hearing thereof, and suspecting that those who had endeavoured to ruin him by a Plot, to charge him with Trea∣son, and had failed of accomplishing it, that way would not scruple at attempt∣ing to attain their end, by false and feign∣ed discoveries thereof: desired that no Pardon might pass the Seal for Gadbury, until he had first been heard in Council, whereby he wisely prevented that mis∣chief which was supposed to be designed

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against his Lordship, by that Jesuited Star-gazing Caballistical Whiffler. That which confirmed most men in their O∣pinion, that he had some design against the Earl, was this, That although he did shortly after receive the King's Gra∣cious Pardon, yet no discovery made by him was ever heard of to this day.

But these things were scarce over when another design to murther him is discovered by Francisco de Feria, who deposed at the Bar of the House of Com∣mons, that being prefered to be Inter∣preter and Secretary of Languages, to the Lord Gasper, Abrew de Freitas Am∣bassador in Ordinary from the Prince of Portugal to the King of England. The Ambassador perswaded him to kill the Earl of Shaftsbury, by throwing a hand-Granado into his Coach, which he said was easie to be done, when his Lordship was travelling upon the Road into the Country, which he did often.

What an heroick and magnanimous Soul must he then be master of, that could so bravely bare up against all those boisterous Storms and continual Tem∣pests which were perpetually raised a∣gainst him by the art and malice of the Popish Crew. And that notwithstanding

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those innumerable difficulties and dan∣gers wherewith he was always surround∣ed, and which still threatned his ruine, the simple consideration of his own In∣nocence and Loyalty was able to main∣tain an undisturbed quiet, and a perpe∣tual Serenity within him.

But however these frequent disap∣pointments inraged, yet it did not dis∣courage them from further Attempts a∣gainst his Life and Honour; but rather added to their fury, and encreased their desire of revenge. The next endeavour therefore to prove that he the Earl of Essex and the Lord Wharton had assisted Oates, Tongue, and Bedloe, in contriving the Popish Plot. To which purpose they corrupted Mr. Blood, and prevailed with him to write a treasonable Letter to Oates, and then cause the Doctor's Pa∣pers to be searched and rummaged, in hope to find it there, and so to prove him to be a Confederate with his Lord∣ship and other Protestant Nobles. But the Doctor sent the Letter to Sir Joseph Williamson, then Secretary of State, and thereby spoiled that Design, whereup∣on they sent one Lewis to his Lordship, to desire he would send by him the said Lewis some Directions to Dr. Oates, un∣der

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his Lordship's own hand-writing, how he should manage himself in reference to the Plot; but the Earl absolutely denied to have any thing to do therewith: And having failed in this Project, they next procured young Tongue, Son to Dr. Tongue, to prove that his Father, the Earl of Shaftsbury, and Oates, invented the Popish Plot; Whereupon one of the Lords of the Council asked him, If they contri∣ved Coleman's Letters too? To which he could make no reply; and indeed the whole business was so weak and ridicu∣lous, that it effected nothing more than the depressing the Wretch that was to have been the Evidence of it under the weight of his own Guilt, he being com∣mitted to the King's-Bench, where he hath ever since remained.

Besides their publick Designs, they had several secret Projects and Artifices to accomplish his Ruine; As forging of his Hand, and other such like base and villanous Arts, as appears by their in∣tercepting Letters directed to his Lord∣ship; and after having incerted Treason in them, in a hand as near the Original as they could possibly counterfeit, trans∣mitted them to such hands as would cer∣tainly acquaint our Ministers of State

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therewith, but more especially a certain Gentleman who had commanded a Re∣giment of Horse in the Service of his late Majesty, for whose sake, and his present Majestie's, he suffered the loss of all that he had, writ to the Earl about re∣lieving him against the Gout with which he was much afflicted, whose Letter was intercepted (the person that writ it, li∣ved at that time in the Frengch King's Dominions) and after they had added to it an account that the Writer was a∣ble to furnish the Earl with Forty thou∣sand men from France, to oppose the D. Y's Interest; it was then convey'd to some of the French Ministers of State, presu∣ming they would send a Copy of it hi∣ther, but by an over-ruling Providence, the Letter was strangely return'd into the Gentleman's own hands, whereby the mischief they intended was pre∣vented.

His Majesty having prorogued the Parliament, his Lordship together with the Earls of Huntington, Clare, Stamford, &c. the Lords North and Grey, Chando's, Grey, Howard, and Herbert, being intro∣duced to his Majestie's Presence, by his Highness Prince Rupert, presented the fol∣lowing Petition and Advice to His Ma∣jesty.

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SIR,

VVE are here to cast our selves at your Majestys feet, being Ten of the Peers of Your Realm of England, and in our own Names, and in the Names of se∣veral 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 Go∣vernment of these Your Nations.

We humbly pray, that in a time when all these are so highly concerned, Your Ma∣jesty will effectually use Your Great Council the Parliament.

SIR, Out of the deepest sence 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 ap∣pointed, and that Your Majesty would be Graciously pleased to give publick Notice and Assurance thereof, that the minds of Your Majestys Subjects may be settled, and their fear removed.

To this Petition and Advice His Ma∣jesty answered, He would consider of what they had offered, and told them, that he heartily wished all other people were as solicitous for the peace and good of the Nation as he was, and ever would

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be. However he was pleased soon af∣ter to Prorogue the Parliament from the 26th. of January, till the 11th. of Novem∣ber following.

About this time his Lordship was vi∣sited with a violent and dangerous fit of Sickness, and his recovery was some∣what doubted of, but Heaven was plea∣sed to spare him to be a further Scourge and Terrour to the Papists, those com∣mon Pests of Christendom, and sworn E∣nemies to His Majesty, and the English Nation.

The Romanists having tryed so many ways and different methods for accom∣plishing his Ruine, resolved to try a new Stratagem for the effecting thereof; viz. The tampering with Dugdale, to retract his Evidence concerning the Popish-plot, and endeavour to prevail with him to withdraw himself into some place be∣yond the Seas, and leave a Writing be∣hind him wherein he was to retract all he had sworn against the Papists, and pretend that the occasion of his Retra∣ction was an extream trouble and anguish of Conscience, for having so unjustly and wickedly injured the Papists, and procured the shedding of innocent blood; affirming that it was by the instigation

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of his Lordship, and other Protestants (of unblemished Loyalty to His Ma∣jesty) upon whom he was moreover to six the Odium of a Presbyterian Plot, not only against the Papists, but against His Ma∣jesties Person and Government. But the mischief of it was, they had not then Debauched his Conscience, perswaded him to question the Truth of God's Om∣nisciency, or wholly Erradicated the Be∣leif of a Deity out of his mind, and there∣by render him hardy enough to under∣take so Barbarous a Work, without any kind of Hissitation. Wherefore being touched with some Remorse at so horrid a Villany, he gave an account of the bu∣siness to his Lordship, and some others, and so that design suffered the same fate with the rest, and produced no other effect, than exposing the malice of his Enemies, and the informing him what he must live in a dayly expectation of, from those indefatigable wretches, and purchasers of Perjury, by offers of two Thousand Pounds, and promises of other Rewards and Gratitudes. A Sum so con∣siderable, and Arguments so powerful and irresistable, that it would have been a rarity, much more amazing, and would infinitly have transcended any of those,

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called, The Seven Wonders of the World, if they should alwaies have been so un∣happy, as not to meet with some Profli∣gate Villain or other, who would upon those considerations, engage to Swear whatsoever they should dictate, and even defie the Almighty, and storm Heaven it self to gain so immence a Treasure, and acquire a Fortune so far above what their Birth or Education ever gave them a Prospect of.

In December, 1680. he was present at, and assisted in the trying William Vis∣count Stafford, upon an Impeachment of the House of Commons, for Ploting and Conspiring with the Pope and his Emis∣saries to Murther the King, exterpate the Protestant Religion, and subvert the Go∣vernment of these Kingdoms; and after a fair Tryal, his Lordship with the Ma∣jority of the Peers, sound him Guilty of the Treason whereof he stood Impeach∣ed, upon which he received Sentence to be Hang'd, Drawn, and Quarter'd, the rigour whereof was remitted by the Gra∣cious Pleasure of His Majesty; And not long after he was beheaded on a Scaffold erected for that purpose on Tower-Hill.

On the 10th. of Jannuary, His Majesty Prorogued the Parliament, and on the

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18th. they were Dissolved by Proclama∣tion, and a New one summoned to meet at Oxford, on the 21st. of the following March; which being looked upon by his Lordship, and divers others of the Nobi∣lity and Gentry, to be ominous, and at∣tended with much hazard and danger, (and was afterwards really found to be so by some.) To prevent which, the Earl joyned with several Noblemen in presenting a humble Petition and Advice, full of Tenderness 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 Ox∣ford:

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and observing from Histories and Records, how unfortunate many such Assem∣blies have been, when called at a place re∣mote from the Capital City; as particu∣larly the Congress in Henry the Seconds time at Clarendon: Three several Parlia∣ments 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 pre∣sent 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 Ma∣jesty and the Nation, as those others mention∣ed 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, hum∣bly offer our Advise to Your Majesty; that if possible, Your Majesty may be prevailed with, to alter this (as we apprehend) unsea∣sonable Resolution. The Grounds and Rea∣sons of our Opinion, are contained in this our Petition, which we humbly present to Your Majesty.

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To the Kings most excellent Majesty.

The humble Petition and Ad∣vice of the Lords underna∣med, 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 Ʋnion 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.

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And Your Majesty on the 21st. of April, 1679. having called unto Your Council ma∣ny Honourable and Worthy Persons, and Declared to them, and to the whole King∣dom, That being sensible of the Evil Effects of a single Ministry, or private Advice, or forreign Committee, for the general Directi∣on 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 sor∣row, we soon found our expectations frustra∣ted; the Parliament then subsisting was Pro∣rogued, and Dissolved, before it could per∣fect 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 not∣withstanding 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

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pious endeavours to save the Nation were overthrown, the good Bills they had been industriously preparing to Ʋnite Your Ma∣jesties 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 King∣doms and States, who by a happy Conjuncti∣on 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 Ʋs: 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 un∣der God to comfort us, but the hopes that Your Majesty (being touched with the groans of your perishing People) would have suffer∣ed Your Parliament to meet at the day un∣to which it was Prorogued, and that no fur∣ther 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

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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 Proceed∣ings (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 ne∣cessary 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 Maje∣sties Petitioners, out of a just abhorrence of such a dangerous and pernicious Coun∣cil, (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

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it will not be able to Act with that free∣dom 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 Graci∣ously pleased to order it to sit at West∣minster, (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 drawing near, the Members from all parts repaired thither, and ap∣prehending

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themselves in danger of be∣ing 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 prosecu∣ted the Popish Plot in former, Parlia∣ments, they appeared there with a Guard, some of them, being accompanied thi∣ther 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 inconsi∣derable, that it served rather for Orna∣ment than Strength, and could have af∣forded but little assistance, if the Papists, had made an assault upon them, as was feared. Going thus attended to Par∣liaments, 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 dan∣ger, when not only a Suspition, but un∣questionable Evidence, and undeniable Proof of a design to destroy the King, murther His Subjects, and subvert the Government, renders it foolish and un∣safe to do otherwise, least thereby the innocent and unwary, expose themselves

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to the insolence and fury of their strong∣er 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 for∣merly so often unsuccessfully attempted, as will appear by the sequel of this Hi∣story.

The King having made preparations for His Journey to Oxford, went first to Windsor, and from thence to the Univer∣sity, 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 Magi∣strates, 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 Ma∣jesty to Christ Colledge-Gate, from whence the King passing to His Lodgings, which were prepared for him in the Colledge, was

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received by the Bishop, and welcomed in a Latin Speech which he made on his Knees. And the next morning His Ma∣jesty was attended by the Vice-Chancel∣lor, the Orator, and the rest of the Offi∣cers 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 per∣sons, imitated those of other parts, and went to Oxford, accompanied likewise with several persons of their Neighbours and Acquaintance, who Innocently of∣fered 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 unani∣mously 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

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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, pro∣strate himself at His Majesties Feet to receive his pleasure, with a Head and Heart full of Loyalty to His Sacred Per∣son, Armed with a settled Resolution, never to depart from His antient and well settled Government. The King ha∣ving approved of the choice, and confirm∣ed him for Speaker, the Commons with∣drew, 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 Par∣liament, for repeal of the Act of the 35th. of Elizabeth, but was not tendred to His Majesty for the Royal Assent; and re∣solved that a Messenger should be sent to the Lords, to desire a Conference there∣upon.

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

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appoint a day to give judgment against him upon their Impeachment.

The Impeachment of Fitz-Harris was next entered upon, in order where∣unto 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 ap∣pointed 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 a∣gainst him for that Contempt, he com∣plied, 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 Proe∣station 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

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Kings Command, Declared the Parlia∣ment Dissolv'd.

By this unexpected and suddain Disso∣lution, a final conclusion was put to all their Debates, and all their further exa∣minations 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 White∣hall, 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 con∣clude the Active part of his Lordships Life, for about that time the Scene alter'd and he becomes only passive in the re∣mainder of his Life, in relating the Storms whereof I am fallen into such a Laborinth of Plots, Sham-Plots, misteri∣ous Intreagues, Subornations, and Per∣juries, and confident Affirmations of mo∣ral Impossibilities, as no Age ever pro∣duced, 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 con∣siderable part of the Mystery of Iniquity,

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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 se∣cret. But as a commical Prologue to the intended Tragedy, a company of Obscure Varlets, Irish Bogtrotters, Skip∣kennels, and Indigent Extravagants, who having profusely wasted their own For∣tunes, would gladly imbrace any oppor∣tunity to repair them by the ruine of others; and treated each other with no less than the assurances of vast and mighty Fortunes, and being advan∣ced to places of Profit and Honour: And some of them in a bravary, and to ex∣cite others to an imitation of them in their wicked Practices, chinks their Guinneys, and exposes their Golden Re∣wards, affirming that so should be done to the Man who was beloved; with other encouragements and invitations to per∣swade and allure them to come over and labour at the work of Transubstantiating the Plot. And indeed to such a heigth of Ambition and vain Glory they arri∣ved over, that they commonly discoursed of being advanced to Captains and En∣signs Places, Deanries and Prebendaries, and putting a mighty value upon them∣selves, scorned to think of less than great

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Preferments, and as much Mony as they would demand.

Not long after the Dissolution of the Oxford Parliament, one Brian Hans came to his Lordships, pretending to be some Gentleman of Quality, and that he could make very considerable discoveries of the Popish Plot, and the Murther of Sir Edmond bury Godfrey, and desired his Lordship in order thereunto to procure him a blank Pardon, being very unwill∣ing as he pretended, to have his Name known, until he had his Pardon procu∣red for him. The Earl, who was alwaies ready to serve His Majesty and the Pro∣testant Interest; and supposing that this could be no inconsiderable Peach of Ser∣vice to discover the Murther of the afore∣said Knight more fully than had been hi∣therto done, which must necessarily give a greater light into the Plot, he endea∣voured to get him one, but it could not be obtained. And not long after this pre∣tended Gentleman of Quality dwindled into a mean and obscure Wretch, and of a pretended Evidence of the real Popish Plot, degenerated into a blustering Wit∣ness of a fictious Protestant one; For be∣ing apprehended, and carried before the Council, instead of discovering any thing

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about the Death of Sir Edmondbury God∣frey, he accused his Lordship and others of having endeavoured to suborn him to do it. Whereupon Mr. Rouse, a Gentle∣man who had been some time employed by Sir Thomas Player, in paying off the Army which had been Disbanded not long before; and Mr. College, who had attended some of the Parliament Men to Oxford. And Saturday, July the 2d. 1681. in the Morning his Lordship was apprehended by a Messenger, by Vertue of a Warrant from the Council, and his Papers all seized and carried to Whitehall, where the King likewise arrived from Windsor, about Ten of the Clock; and then he was examined before His Maje∣sty and the Council, some of the Judges likewise were present. His Lordship knowing himself clear of what was laid to his charge, boldly affirmed, and so∣lemnly protested his Innocency, adding as it was reported, That were he Guilty of those Crimes whereof he was accu∣sed, he was certainly a mad-Man, and had thereby rendered himself more fit for Bedlam, than the Tower, whither up∣on the Sequel he was committed close Prisoner for High Treason, and convey∣ed thither by Water, in a Barge; and

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the King returned the same day to Wind∣sor. And now the better to prepare peoples minds to believe what he was to be charged withal, the Jesuites and Con∣demned Priests in Newgate, and some o∣ther of the Popish Crew, privately dis∣persed divers Hellish and Lying Pamph∣lets, wherein they maliciously aspersed him with Conspiring Treason against His Majesty; one whereof which was some∣what more impudent and mischievous than the rest, and was called, Articles a∣gainst the Earl of Shaftsbury, was dispen∣sed with some privacy and caution. The Articles were as follows:

  • I. That he had imagined to compass and procure the Death of the King, the Sub∣vertion of the Government, and the known Laws of the Land, by reducing this Antient Monarchy into a Republick.
  • II. That he used great endeavours to pos∣sess the People that His Majesty was a Papist, and design'd to introduce Popery and Arbi∣trary Power; and to that end had promoted several Seditious and Treasonable Libels against His Majesties Person and Govern∣ment, purposely to bring His Majesty into an odium and Contempt with His loving Sub∣jects.
  • III. That He endeavoured to Levy War

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  • against the King, both in England and Ire∣land, and bring Blod-shed and Confuston upon His Majesties good People, under pre∣tence of prosecuting the Popish Blot, and pre∣serving the Protestant Religion, the Liberty and Property of the Subject, as He and His Confederates have done in the late Re∣bellion.
  • IV. That he endeavoured to render the Church of England as Rediculous as Po∣pery, and Defam'd all His Majesties Offi∣cers both by Land and Sea; and all others, who out of a due senfe of Loyalty adhere to the Crown stiling them Tories, Tantivies, Masqueraders, &c. purposely to frighten them from their Duty, and wean them from their Soveraign, to adhere to Him and His Faction.
  • V. That He countenanc'd, harbour'd, and hired persons to Swear against the Queen, and His Royal Highness.
  • VI. That He procured several Sums of Mony to be Raised ond Collected to carry on these most abominable Designs.

And to represent him as monstrously unnatural and bloody as themselves, and render him hateful and detestable to all Men, who would be so Brainless, as to be∣lieve the silly and rediculous Shams; the Articler adds in the close of his Libel, this

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strange and improbable Rodemantado: that when the Sergeant at Arms appre∣hended him, he desired him to eat some∣thing before he appeared before the King and Council; whereupon saies the Li∣beller, his Lordship answered, I have no Stomach to eat, unless I could get a Roasted Irish-Man.

The Sessions of the Peace for London and Middlesex, beginning on the Wed∣nesday following, he presented a Petition to the Court, desiring to be brought to a speedy Tryal, or else admitted to Bail. Upon the 8th. Stephen Colledge had an Indictment presented against him to the Grand Jury, who were all of them sub∣stantial Men; And after having heard all that could be said on both sides, they returned an Ignoramus upon the Bill, but being removed to Oxford, and tryed there, was found Guilty, and was accord∣ingly Condemned and Executed; and a forged Paper presented and published by one Thompson a Printer, and supposed to be Writ by some Jesuite, who are alwaies so good at inventing of Shams, called, His last Speech, wherein he was made to confess all that he was charged with, al∣though it afterwards appeared that he absolutely denied he was any way

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Guilty, affirming his Innocency to the last Breath. August 31st. his Lordship presented another Petition to the Judges at the Sessions at the Old-Bayly, desiring that he might be either Tried or Bailed, pursuant to the Act of Habeas Corpus, to which the Court returned answer, That being charged with no Crime in that Court, and being Prisoners in the Tower, they could take no Cognizance of them, but they must seek their relief at the Kings-Bench Bar the next Term; great preparations were made for his Tryal, and abundance of Witnesses procured, and Mr. Samuel Wilson, a Gentleman be∣longing to his Lordship, was likewise committed to Prison, for speaking some Treasonable words as was sworn by some of those Evidences. Now you must know this Wilson was the Gentleman whom his Lordship intrusted to attend the Council when his Papers were look∣ed over, and take away those which were returned, and indorce the rest with his own Name; and that the Paper said to be found in the Earls Closet, per∣porting an Assosiation, was not indorced by him.

In the mean time, notwithstanding they had abundance of Witnesses, yet

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they desired to have some, whose port and figure in the World might procure them the greater Credit, and thereby render them the more capable of accom∣plishing their end in the Earls ruine; And as they imagined, Fortune offered them the most likely and favourable op∣portunity that could possibly be desired or wished for, by the following accident. Captain Henry Wilkinson, a Gentleman that had alwaies 〈◊〉〈◊〉 the Royal In∣terest, and had hazarded his Life, and impared his Estate in the service of his Prince; having a desire to settle in the Island of Carolina, applied himself to the Proprietors for an employment in that Country, and had upon the account of his Loyalty to His Majesty, a promise made him of being employed as Gover∣nour under the Proprietors by his Lord∣ship, who was one of the chief Proprie∣tors, and to whom upon the account of his great judgment and discretion, the rest had committed the whole manage∣ment. The Captain having obtained this promise, hired two Ships to convey himself and Family, and what other per∣sons were to go with him thither, whereof one of them was a Relation of mine. Upon this one Booth, a person well Born, but by

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his wicked and prosligate Life, had wa∣sted his Patrimony, lost all his employ∣ments, and rendered himself very indi∣gent and necessitous, applied himself to the Captain, desired to go with him to Carolina; and withal perfiked a time for coming on Board, and engaged to bring with him about sixteen Ser∣vants, or upwards. This was easily pro∣mised, but not so easily performed: Ser∣vants and Companions enough he might have had, who had like himself, reduced themselves to Poverty and Distress, and would for that reason, have been glad of such an opportunity of being freed from the Scorn and Contempt of their ac∣quaintance, and the Dread of a Goal; But how to pay for their passage, or em∣ploy them when they came there, he knew no more than the Man in the Moon. But after a little consideration, he resolved of the following adventure to supply that difficulty; He first forged Letters, as directed to him from persons of Quality, desiring him to buy them several Rich Goods of Mercers, Drapers, Ʋpholsterers, &c. and then he went with those Letters to some Trades∣men, with whom he had for that pur∣pose procured some kind of acquain∣tance,

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shews them the Letters, tells them if they would use him well, he would buy the Goods of them; you shall, saies he, have your Mony as soon as I have acquainted the persons that I have bought the Goods, and can receive and answer from them again. After this manner he went to Mr. Halford a Mercer in the Strand, with a pretended Letter from the Lady Ogle, now Dutches of Summerset; wherein he was ordered to buy her several curious flowred Silks, and other Rich Goods, to the value of between Two and Three Hundred Pounds, that Mr. Halford might give the better Credit to the business, he pro∣cured the Gentlemans Brother to go with him. And for your Brothers sake Sir, said he, I have a very great kindness for you, and would rather you should take my Mony, than any other Man; adding, That he expected shortly to be Steward to the Duke of Norfolk, and then he would endeavour to procure him the Custom of that Family; But supposing the Shop to be too publick, and therefore not safe enough to treat in, he invited him to the Kings-Arms Tavern, and there discoursed the business. I have not all the Goods you mention, in my Shop, saies

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Halford, but in a day or two, I can get them, pray do, saies he. You may be sure, Halford imagining he had gotten a brave Customer, applied himself with double diligence to procure the Goods against the time appointed; but the Merchant he bought them of knowing they were Goods he did not usually deal in, especially such quantities, he asked him who they were for? whereupon Halford told him the whole Story; you had best have a care you are not cheated, saies he, I do not like the business, how∣ever you may do as you find occasion. At the time appointed he came to see the Goods, and liked them very well, and intended they should have been the cheapest that ever he bought. But Hal∣ford being thus cautioned, told him the Goods came to a great deal of Mony, that he was a young beginner, and could not conveniently trust him for them, but if he would pay him ready Mony, he would to oblige him, sell him cheap∣er than he should buy at any other Shop. Sir, said Booth, I am content, I will come and setch the Goods, and pay you ready Mony, but never came near him more. After the same manner he went to Mr. John Ridges an Ʋpholsterer,

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who lives in St. James's, near St. James's House, and hath a Shop likewise in Long-Lane in the City, but came off with the like success. My design of brevity will not permit me to mention all his tricks of this Nature, nor how he served the Taylor in Field-Lane.

These disappointments rendered him unable to perform his promise to the Captain, and wholly diverted his thoughts from Carolina, accounting it a vain thing to go thither, being thus unhappyly disappointed of his Cargo: And the Captain being so disappoint∣ed by him and others of his passengers, and having had two Shipslye so long at his own charges to attend them, had thereby Contracted some Debts, for which he was Arrested, and his Ship and Goods seized on; when he was first Ar∣rested he was sent to the Counter, but quickly after removed himself to the Kings-Bench. This accident created new thoughts in Booth's working Brain, and put him upon a New Project for the re∣pairing of his broken Fortunes, and the making himself amends for his late disap∣pointments. The Earl of Shaftsbury committed the other day to the Tower for High Treason, and Wilkinson, who

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was upon his commendation to have gon Deputy Governour of Carolina, in the Kings-Bench for Debt; And can I con∣trive to get no advantage thereby? Yes, in spight of Fate, and Maugre all the Powers of Heaven and Hell, I will at∣tempt it, I will set up for an Evidence my self, and will so mannage the matter, that I will procure him to be one too: his poverty and loss, and the sorrows of a Goal, will undoubtedly dispose him to a compliance with my motion. But therein the mercenary wretch reckoned without his Hoasts, and found himself wofully deceived in the idle immaginati∣on, that every Mans Conscience was as much viciated and depraved as his own, and would adventure upon the most vile and abominable practices whatsoever, in hope thereby to free themselves from those pinching necessities which they were involved in, and by failing in that enterprize, learned the true difference between being impoverished by the want of success in Trade or Merchan∣dice, and the being undone by Profuse∣ness and Debauchery.

Before he adventured to Address him∣self to the Captain about the business, he sent others to brake the Matter to

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him, relating the particular Circumstan, ces the Captain was at that time under∣and instructing them how to behave themselves towards him. Being thus in∣structed, October 8th. 1681. Bains visi∣ted the Captain in the Kings-Bench, where after some Complements and Preparitary Discourse, to make way for, and dispose the Captain to comply with what he had to osser, he proceeded to tell him that he must needs know something of the Earl of Shaftsbury's Design against the King, and perswading him to discover it to him; and promised if he would do so, he would procure him a Pardon, and a great Reward: The Captain answered, He knew nothing by his Lordship but that he was a very Loyal Person. So soon as he was gone, the Captain ac∣quainted Major James with what Bains had offered, and the Major presently took his Pen and Ink, and wrote it down in his Pocket Book. Two or Three days after, Booth adventured to try his own Fortune, and that he might prove more successful than his fore-runner, procured leave for the Captain to go out of the Prison to Booth's Lodging, at Mr. Waver's in the Rules, where they entertained him with a Noble and Splendid Treat: and

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assured him, if he would be an Evidence against the Earl, he should have 500 l. per. ann. settled upon him and his Heirs, as a Reward, or if he liked a 1000 l. in ready Mony better, he should have so much paid him down; and finding him still untractable, they perswaded his Wife to use her Interest with him, and endea∣vour to prevail with him, and work him to a compliance with what they desired, telling her she might thereby be made for ever. But when all this, and many other contrivancies failed them, they gave in an Information of High Treason against him to the King and Council, by whose order he was brought before them, and straitly examined concerning what he knew of a Plot against the King, and to have seized on His Person at Ox∣ford. The Captain persisted in his own Innocency, and affirmed he knew no such thing by the Lord Shaftsbury, or any o∣ther: Then Booth swore High Treason against him, and deposed that Wilkinson was to have been Captain of a Troop of Horse consisting of Fifty Men, which were to be employed in seizing the King at Oxford, when the Parliament sat there: and to gain the greater Credit to his Oath, and make the thing more proba∣ble,

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he affirmed himself was Listed un∣der him as one of them; although to my knowledge, and the knowledge of many more, The Getleman at that very time when the Parliament met at Oxford, and this was pretended to be done, was bu∣sily employed in the aforesaid Affair of providing for his Voyage to Carolina.

The Captain upon this Deposition, was committed back again to the Kings-Bench Prison, where he acquainted the Major with what had passed at the Council, and he Writ that down likewise as he had done the rest; and the Cap∣tain willing to expose the Villany, and prevent the mischief of his mercinary Breath, published an account of the whole Matter to the World, to which I refer the Reader for further satisfaction.

His Lordship having continued in the Tower from July, till the latter end of November, without obtaing a Tryal, His Majesty then issued out a Commission of Oyer and Terminer, to be held at the Old-Bayly on the 24th. of that Month, when an Indictment of High Treason against his Lordship was preferred to the Grand Jury, summoned upon that occasion which was the most substantial of any that had been known for a long time

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before. The Court being set, and the Jury sworn, the Witnesses gave in the like Evi∣dence to the Court as they had former∣ly done to the Council. They generally swore much to the same purposes, and Booth was one of the chief Evidences; who declared upon Oath, that the Earl told him, That he and others had consi∣dered with themselves, it was necessary for them to have Guards at Oxford; and that he had for that reason provided Fif∣ty Gentlemen, and had intrusted Cap∣tain Wilkinson with the command and management of them; that he himself was Listed as one of them, (yet could name none of the rest) and that he had thereupon bought himself a very good Stone-horse, with other Accoutrements for the said Service; And that Captain Wilkinson promised to furnish his Man with a Horse. Now, that the World may the better judge of the truth or falseness of what this Man swore in the face of so great an Assembly, and from thence argue the validity of the other Evidences, I have transcribed Verbatim an Advertisement, which was thereupon published the next Week in Janeway's In∣telligence, Number 65.

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WHereas upon Thursday last, an In∣dictment was preferred to the Grand Jury at the Old-Bayly, against the Right Honourable the Earl of Shaftsbury, and whereas Mr. Booth was produced as one of the Evidences, who swore in open Court, That Captain Wilkinson was enga∣ged with the said Earl against His Majesty and the Government, and that the said Captain was to command a Troop of Horse to be mounted with Fifty Gentlemen, and that the said Mr. Booth had Listed him∣self as one of the Troop. Also the said Mr. Booth made Oath, that he had bought him∣self a good Stone-horse, and other Accoutre∣ments for the said Service, and Captain Wilkinson was to furnish his Man with a Horse.

This is therefore to give Notice, That if any one can make it appear, that Mr. Booth bought any such Horse, with his Marks and Colour, and who he bought him of about March last, or that he had any such Horse within that time, and what Stable he was kept at, shall have upon good proof made thereof to the said Captain Wilkinson, Five Guinneys paid him for a Reward of his pains.

Also if any person can make appear, That the said Captain Wilkinson hath bought or had any Horse, Gelding, or Mare, for these

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Two Years last past, or ever hath been upon the back of any for the same space of time, saving one Gelding which he borrowed to Ride to Wickam, when the Members of the last Parliament went to Oxford; Or that ever Captain Wilkinson hath been nearer Oxford these Twenty Years, than the said Town of Wickam, upon proof thereof, he shall have Five Guinneys for his Reward.

Henry Wilkinson.

IT's worthy of every Mans considera∣tion, that this was not delayed till the thing was worn out of mind, but Published whilst it was yet hot and fresh in every Mans Memory; And that therefore if any such Horse had been bought and kept by Booth, either the person who sold him, or those who were present at the buying of him, or the Inn-Keeper where he stood, or the Ostler that looked to him, or some one or other who must undoubtedly have seen him Ride, or at least the person to whom he afterwards sold him, would certainly either out of a Principle of Love and Loyalty to His Maje∣sty, to detect the impudence of the

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Captain, in Publishing this Declaration to vindicate the Honour and Reputation of Booth, to despite the Earl and render him the more Guilty, or else out of Love and Desire of the Five Guinneys, have appeared and given Evidence thereof. The same may be said of the Captain's Horse, and therefore it must be granted, that neither the one nor the other had any Horse at all: and if so, how improba∣ble a Story it is, That the Captain should command a Troop of Horse, when at that same time he had not a Horse to Ride on, nor never had been in 20 years, at the place where this Troop was to be command∣ed; And yet upon the Evidence of this Man and others of the like temper, fome Men would have had his Lordship found Guilty, and Convicted of no less Crime than High Treason, railing against, and vil∣lifying the Grand Jury, for doing otherwise.

After a full hearing of all that the Witnesses had to say, the Jury, thought themselves obliged to return an Ignoramus upon the Bill, which occasioned a gene∣ral joy and satisfaction, as plainly appear∣ed by the many Bone-fires which were that Night made almost in every Street, and at several Country Towns, upon hearing the News thereof.

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The Earl being thus cleared by the Grand Jury, moved to be discharged, but could not obtain it, till 13 of Feb. follow∣ing, and then both he and several others who were Prisoners upon the account of this imaginary Plot were released; And having thus gained his Liberty she Ar∣rested several persons, whereof some of them were Evidences against him, in an Action of Conspiracy, and one Cradock and others, in an Action of Scandalum Magnatum, but was not able to bring any of them to a Tryal. For on the 4th. of May, being the first day of the Term, Cradock, whose Tryal was expected to be brought on first, moved by his Council, that the Tryal might not be in London or Middlesex, but in some other Coun∣try; upon which motion the Court or∣dered, That on the Fryday following, the Earl should shew cause, why it should not be Tryed in another Country. Ac∣cordingly his Lordship appeared in Court himself, and Declared it was his desire to have it Tryed by an indifferent Jury, but only desired to have it Tryed that Term by a Middlesex Jury; asserting, That an indifferent Jury might as well be had there, as in any Country in Eng∣land. On the 12th. the like motion was

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made in the behalf of Graham whereup∣on his Lordship finding he could not have it tryed in London, and not willing it should be tryed in any other County, in regard an Address of Abhorrence a∣gainst a certain Paper said to be found in his Lordships Closet, importing an Association was preferr'd in most Coun∣ties; declared, That since he could not have the undoubted Priviledge of a Peer, to lay his Action in any County in Eng∣land, he would remit it at present, and wait till he had a better opportunity to revive it.

After this, his Lordship continued at his house in Aldersgate-street until the _____ _____ November following, and then he went over to Holland: The Seas were somewhat Tempestuous, and some who went over in company with the same Ship were cast away; but the Provi∣dence of God ordered That to save his life, which is often the loss of others; viz. An unskilful Pilot, who being not well acquainted with the Haven, and withal somewhat timerous, would not be perswaded to venture in till he had a calmer Sea. As soon as he arrived, and was known, he was visited by some of the States and others of the greatest

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Quality, who welcomed him into that Country, and Congratulated his ha∣ving so happily escaped the danger of the Seas.

The Earl not long after his Arrival, took a spacious House in Amsterdam, where he intended to reside; he was to pay for it a yearly Rent of an Hundred and fifty pounds per annum, but before the House was furnished and fitted for his use, his usual Destemper, the Gout, seized him, and handled him with great violence for somedays, and then it be∣gan to wear away, and the Earl was in∣differently recovered, but suddenly and unexpectedly returning again, and get∣ting into his Stomach, he fell into a dangerous Relapse, which proved mor∣tal, and terminated in his Death. He discovered in the time of his Sickness a∣bundance of patience, and an admirable temper of mind, yielding an intire sub∣mission to the Divine Will, and solacing his Soul in the Contemplation of that Transcending Glory and Happiness whereinto he was passing, and wherein he should for ever remain free from the Malice of ambitious and aspiring Fa∣vourites, and secure from the fatal Con∣sequence of the poysonous and infectious

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Breaths, of all mereinary Villains. He expired in the Arms of a Reverend Di∣vine, and will certainly prove as great and as universal a Loss as has happened to England in many years.

He died at Amsterdam, January 21. 1682. Or rather like the fairest Fruit, which being ripened by Nature, and arrived at its perfect Maturity, falls of its own accord. So this Nobleman being arrived at a full Age, was with the more facility and ease shaken down by Death, and glided into the Grave without compulsion in the Sixty second year of his Age; during the time of his Sickness, he was frequently visited by several Persons of Quality, and some Lords of the States, and others who did not visit him in person, sent often to see him, and enquire of his Con∣dition; and when he was dead, many of the States, and divers other Gentle∣men put themselves into Mourning, and ordered that his Corps should be ex∣empted from all Toll, Fees, and Customs in every place it should be carried tho∣row within their Dominions, in order to its passage to England: His Body was first wrapp'd in Sear-cloath, and then in Lead, all but his Head and Face, whereon he

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had nothing, save one of the Perrywigs he used to wear in his Life-time, and in that manner he was laid in a rich Cof∣fin, in the stead whereof, just over the Earl's Face was placed a Crystal Glass, whereby every one that pleased might view his Face; which to the admiration of all that saw it, appeared as fresh and beautiful as when he was living; nor was there any considerable alteration to be discerned therein. The Ship which Transported him to England, was hung with Mourning, and adorned with mournful Streamers and Escuchions, and being Landed at Pool in Dorsetshire, the Gentlemen of the County, to shew the extraordinary respect they had to his Lordship, and although they were not invited, yet they got together and went in a body to meet the Corps, and ac∣company'd it to his ancient Seat at Wim∣bourn St. Giles's, where he was decently and honourably Interred, and will have a stately Monument erected over him.

He made his Countess, Sir William Cooper, &c. Executors of his Will, where∣in he gave very liberally to his Grand-Son the Lord Ashley, and Intailed the whole Estate upon him after the death of his Son the present Earl of Shaftsbury.

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And as he had formerly been the making of several of his Servants and others by his Liberality, so he was no less bountiful at his Death, having left very considerable Legacies to his Ser∣vants, especially those who were with him in Holland; besides several Gifts to pious and charitable uses.

And having thus traced this Noble∣man from the Cradle through all the Labyrinths and Vicissitudes of his Life, to the Hour of his Death, and from thence to his Envied Grave. I shall con∣clude this Tract with his Character; a Character so extraordinary and rare, that it will certainly deserve, and there∣fore justly command the Admiration of all men.

But I will fist incert the Elegy and Character of Sir Walter Rawleigh, where∣with the Author of his Life concludes his History thereof.

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GReat Heart! who taught thee so to die, Death yielding thee the Victory Where took'st thou leave of life? If here, How could'st thou be so far from fear. But sure thou diest, and quit'st the state of Flesh and Blood before that fate; Else what a Miracle was wrought, To triumph both in flesh and thought. I saw in every stander by Pale Death, Life only in thine Eye: The Legacy thou gav'st us then, We'll sue for, when thou diest agen. Farwel, Truth shall this Story say, We died, Thou only livest that day.

Thus died that Knight who was Spain's Scourge and Terrour, and Gon∣damor's Triumph, whom the whole Na∣tion pitied, and several Princes inter∣ceded for. Queen Elizabeths Favourite, and her Successors Sacrifice; a Person of so much Worth, and so great Inte∣rest, that King James would not exe∣cute him without an Apology; One of such incomparable Policy, that he was too hard for Essex, was the Envy of Leicester, and Cicill's Rival, who grew jealous of his excellent Parts, and was

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afraid of being supplanted by him. His Head was wished on the Secretarie's Shoulders, and his Life valued by some at an higher Rate than the Infanta of Spain, though a Lady incomparably ex∣celling in both the Gifts of Mind and Body.

Authors are perplex'd under what Tophick to place him, whether of States∣man, Sea-man, Souldier, Chymist, or Chronologer; for in all these he did ex∣cell, he could make every thing he read or heard his own, and his own he could easily improve to the greatest Advan∣tage. He seemed to be Born to that onely which he went about, so dexte∣rous was he in all his Undertakings in Court, Camp, by Sea, by Land, with Sword, and with Pen.

The Earls person was somewhat small but very comely, God and Nature ha∣ving distributed in the framing thereof an exact agreeableness, and an equal pro∣portion to every Part and Member. But as the smallest Cabinets usually inclose the Richest Jewels, so his little Body in∣closed

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a great and vastly Capatious Soul; the Virtues and Perfections whereof as far transcended the generallity of the offspring of Adam, as Gold exceeds Sil∣ver, or Diamonds transcends Pebles in value; He had a couragious and un∣daunted Mind, a deep Judgment, and a quick and ready Apprehension; he was Religious towards God, Loyal to his Prince, True to his Country, Faithful to his Friends, Charitable to his Enemies, Liberal to the Poor, Chaste in his Af∣fections, and made the keeping of his Solemn Contracts in Marriage, Sacred and Inviolable, and the preserving his Chaste Soul free from Polution, a consi∣derable part of his Religion. He was Courteous and Affable in his Carriage to∣wards all Men, Sociable and Free in his Converse; yet so wonderfully reserved as to any of his great Designs and Pro∣jects, that he never revealed his Intenti∣tions to the nearest Relations, or the most intimate Friends, which made him so ex∣traordinary usefull to His Majesty in the late Times, and rendered him capable of ordering and disposing all publick Acti∣ons and Councils, so that they naturally

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tended towards his Restoration. 'Twas his close and reserv'd temper, that render∣ed the penetrating into his Sentiments and Intentions, a work so intricate and perplexing, that the greatest diligence of the many Spies who had their Eyes con∣stantly fix'd upon, and perpetually watched and pried into his Actions, were not able to effect it; and made it a Task too hard and difficult, even for Cromwel himself to perform. It was that which ren∣dered those who undertook it unable to prove him Guilty of a Plot, wherein he was really engaged, and was a principal promoter and contriver thereof; (Viz.) The rising of Sir George Booth. And this close and reserved temper, strongly ar∣gues his Innocency in the late charge of Treason; for can any Man in his right Senses imagine, that the Earl who had till now been so reserved and private in all his Designs, even to near Relations, noble Personages, and familiar Friends; should all on a suddain, relinquish his constant and avowed Practice, and trans∣form himself into a perfect Changeling, by freely discovering that he designed no less than Rebelling against his Sove∣raign;

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The levying Men, the forming of an Army, and deposing the King, and thereby put himself into the Power, and expose his Life and Honour to the mercy of Six or Eight needy and mercinary Fellows? That he should do so, will ap∣pear very improbable, if we reflect upon the temper of the Earl, and the condition of the Men who pretended to such a fa∣miliarity with him, and insight into his Designs; unless we can suppose that the longer he lived, the more foolish he grew: or that the more experience he had of the endeavours of the Papists to effect his Ruine, by fixing the Guilt of Treason upon him, the more careful he would be to furnish them with Witnesses, to prove and make good their Charge. He was such a Proficient in Wisdom and Policy, that he seem'd like a Second So∣lomon: and so clear an understanding of the Mysteries both of Law and Divinity, that he could easily, and with great rea∣diness, resolve the most difficulty Que∣ries, and discuss the greatest Mysteries and Critical Nicities thereof. Which made Dr. Ward, Bishop of Sailsbury, who held an intimate Correspondence

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with him, delight in his Converse, and value his acquaintance at a high rate; And so did Sir Matthew Hailes, Lord Chief Justice of the Kings-Bench; and many more, both Lawyers and Divines, who had the happiness to be acquainted with him. And occasioned His Majesty, as it is said, upon the being informed of his desiding a very difficult Case when he was Chancellor, to affirm, as in a Rapture, That he had a Chancellor, who was Master of more Law than all His Judges, and was possessed of more Divinity, than all his Bishops.

Nor was he less skilled in the Myste∣ries of Trade and Merchandise, where∣in he projected and accomplished seve∣ral great things, as well for the benefit of others and the good of the Publick, as the enriching of himself.

But in nothing did he more excell, than in the steddiness aad evenness of his Temper, not valuing or exalting himself upon the account of Court Pre∣ferments or popular Applause. For ha∣ving been a considerable Agent in ac∣complishing

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His Majesties Restoration, he assisted in Conducting Him back from his Banishment to the Possession of his Crown and Kingdom. And as a Reward of his Loyalty, was highly ad∣vanced in the Opinion, and Dignified with the Favour of his Soveraign: And his Temples deservedly Incircled with a flourishing Coronet by the Hand of Ma∣jesty; By whom he was raised to the very Top and Pinacle of Honour, pla∣ced in the Highest Seat of Justice, and Enrich'd with a Power to distribute Judgment and Equity to the Nation: Glories enough to have Dazl'd a Soul less steady than his, and swell'd it with Pride and Arrogancy; Whilst he as∣cended the several Steps to Honour, and mounted to the Highest Seat of Digni∣ty, with a becoming Gravity, and an admirable Composedness, and Equality of Mind.

Nor did all that Sublimity and Gran∣dure wherewith he was Inviron'd, be∣get any kind of Haughtiness in him, or make him Treat those with Scorn and Contempt that moved in a lower Sphere.

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For you might have seen him when Shining in the very Meridion of his Glory, and arrived at the Achme of Power and Authority, with a wonder∣full Humility and Condescention, stop to Reserve the Complaint of the mean∣est Supplicant, and with an unwearied Diligence, patiently hearing the Cause of the Poorest, and do them Justice, and Relieve them when Oppressed, as soon, and with as much Pleasure as he would the Rich and the Honourable.

But that which is yet more Admira∣ble and Astonishing, He descended from the height of Glory with a per∣fect Unconcernedness, and laid down the Ensigns of his Grandure with a smi∣ling Countenance, whereby he suffered an Eclipse of his Honour, without any Diminution of his Brightness, and the divesting him of his Ensigns, deprived him not of one single Ray of his Lustre; but with the Heart of an Ancient Ro∣man he dismounted the Curul without the least Disturbance or Regret, and discovered them; and in his late Im∣prisonments, and the Reproaches and

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Calumnies wherewith he hath been sufficiently Loaded; a Noble Soul firm∣ly fixed in his own Worth, and shining like the Sun with a perpetual Equality of Light without suffering any manner of Decrease or Abatement of his Lustre and Brightness; And thereby gave suf∣ficient Demonstration that he was,

PAR, SINE, PARI.
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