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A52759 Honesty's best policy, or, Penitence the sum of prudence being a brief discourse, in honour of the Right Honourable Anthony, Earl of Shaftsbury's humble acknowledgment and submission for his offences ... on the 25th of Febr. 1677 : together with the several proceedings of the said Right Honourable House ... Nedham, Marchamont, 1620-1678. 1677 (1677) Wing N390; ESTC R20017 20,550 16

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HONESTY's best POLICY OR Penitence the sum of Prudence Being a brief Discourse in honour of the Right Honourable Anthony Earl of Shaftsbury's humble Acknowledgment and Submission for his Offences upon his knees at the Bar of the House of Lords on the 25th of Febr. 1677. Together with the several Proceedings of the said Right Honourable House in order to his Lordship's late Discharge from Imprisonment Published for prevention of false Copies in so weighty a matter and for the undeceiving of the People MIne eye was on divers particulars when first I resolved on the publication of these Papers viz. 1. To give a brief account of the Condition of this Kingdom as it stood a little before the E. of S. began to offend 2. Of what nature his Lordship's Offences were when they began and the dangerous Consequences of them 3. The high Wisdom and Justice of His Majesty and the House of Peers in doing right to Themselves and to the whole Body of Parliament by preventing the Dangers then threatning Them and the whole Government in point of Safety 4. The necessity of setting forth some Discourse of this nature together with the Proceedings of the House that the winds of such of His Majesties Subjects as have been intoxicated and perverted through the Offences aforesaid and are not yet recovered may be rectified from Principles and Doctrines both then and as yet destrustive to this most Noble Monarchy 5. The Vanity and Fate at all times of Popularity and Faction in great Lords and Gentry and of the Peoples being drawn in to a siding and driving of Parties among each other to second the pretences of Male-contented Great Ones or the itchy humour of the lesser Frie of Government-Tinkers And that in this juncture of Affairs it is the utmost of all Treasons to be Factious when three Kingdoms are at stake in a Foreign War 6. I considered also that it can be no dishonour to E. of S. but his glory as it is of all true Penitents to have his Repentance published since it is his happiness to survive in publick by the King 's admirable Clemency and remain a living Lecture to turn multitudes of Transgressors from the Error of their ways 'T is said in Holy Writ He that turns many to Righteousness shall shine as the Stars for ever and ever How happy then is his Lordship that hath so fair an occasion thus to improve his Penitence 7. I observed also There are a sort of People that not long ago were as busie as Bees to publish and disperse at large whatsoever they thought might be for the Honour and Advantage of his Lordship only now they envy him the glory of the publication of this Ungrateful Wretches as they are that a Noble Lord after so much sufferance of Imprisonment for a Cause they profess'd to own should be so ill requited as to have his Repentance smother'd as much as in them lies for want of Air Insomuch that either no Copy of it is to be obtained from them or but a clipt or counterfeit one Therefore to do Right to his Lordship and that the deluded sort of well-meaning People may not be deprived of the benefit of learning Repentance from his Lordship with a sight of their Errors I reckon'd it a charitable publick-good work to give them a sight of these Papers Honi Soit Qui Mal y Pense Ill betide him that evil thinks for I mean well in doing the business The Papers following being Transcripts of the Proceedings of the House of Peers about this matter from the 14th of Feb. 1677. to the 26th of Feb. 1677. Die Jovis 14 Feb. 1677. A Petition was presented to the House from the Earl of Shaftsburry wherein he humbly submits himself to their Lordships pleasure and is ready to make Acknowledgment and Submission according to their Directions But in regard it did not appear to this House that his Lordship hath made his Acknowledgment to His Majesty after debate the Question being put Whether this Petition shall now be rejected It was Resolved in the Affirmative Die Mercurii 20 Feb. 1677. A Petition from the Earl of Shaftsbury was presented to the House and read as followe To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled The humble Petition of Anthony Earl of Shaftsbury Sheweth THat your Petitioner on the 16th of Feb. 1676. was committed Prisoner to the Tower of London by your Lordships because he did not obey your Lordships Order where he hath continued under close Confinement to the great decay of his Health and danger of his Life as well as prejudice of his Estate and Family In all humble Obedience therefore unto your Lordships he doth acknowledge that his endeavouring to maintain that this Parliament is Dissolved was an ill-advised Action for which he humble begs the Pardon of the King's Majesty and of this most Honourable House and doth in all humble Duty and Observance to your Lordships beseech you to believe that he would not do any thing willingly to incur you Displeasure Wherefore your Petitioner in all humble Duty and Obedience both unto His Majesty and your Lordships hath made his humble Submission and Acknowledgment in his most humble Petition unto the King 's most Sacred Majesty and is ready to make his further Submission and Acknowledgment to His Majesty and to this Honourable House according to the direction thereof And he doth most humbly implore your Lordships That you will be pleased to restore him unto your Favour and discharge him from his Imprisonment And your Petitioner as in Duty bound shall c. Shaftsbury This being read the Lord Chancellor did let the House know That His Majesty hath receiv'd a third Petition from the Earl of Shaftsbury more submissive in form than the two first But His Majesty understanding that the Earl of Shaftsbury hath endeavoured to free himself from the Censure of this House by appealing to the King's Bench to have their Judgment thereupon during the late Adjournment doth not think fit as yet to signifie his pleasure as to his Discharge until this House hath taken that matter into Consideration After a long debate hereof the Question was proposed Whether an Address shall be now made to His Majesty to discharge the Earl of Shaftsbury from his Imprisonment upon his Petitions to His Majesty and to this House Then the Question being put Whether this Question shall be put It was resolved in the Negative After this the House considered the matter of the Earl of Shaftsbury's appealing from this House to the King's Bench to be released by Habeas Corpus And after debate It is ordered That the further debate of this business is adjourned till tomorrow morning at which time the Records of the Court of King's Bench touching the Earl of Shaftsbury's business there shall be brought into this House the Judges are also to attend this House Die Jovis 21 Feb. 1677. This day the House resumed the debate concerning the
being put Whether the Witnesses shall be now called in It was resolved in the Affirmative There being a Paper made mention of in the House which was said to be a Copy of what the Earl of Shaftsbury said in the King's Bench but not permitted to be read Robert Blaney was called in and sworn as a Witness who being asked whether he was present in the Court of King's Bench when the Earl of Shaftsbury moved for his Habeas Corpus And whether he heard all that the Earl of Shaftsbury said there He answered to this effect That he was present in the King's Bench when the Earl of Shaftsbury was there and he heard the most part what his Lordship said but he cannot tell now what he said but he took some Notes and that afternoon compared Notes with Mr. Rushworth who also had taken Notes and thereupon they perfected a Copy which he gave to the Lord Treasurer He also says That he cannot for a thousand worlds say that he heard all that is in the Paper nor he cannot now say what it was that he took and what it was that he had from Mr. Rushworth it being so long since by reason of the many Interlineations made in the Paper by comparing Notes with Mr. Rushworth Then the said Robert Blaney withdrew After this the House agreed what acknowledgment the Earl of Shaftsbury should make at the Bar for his Offences which if his Lordship should make the House would then Declare their Satisfaction in his Submission and Acknowledgment The Submission is as followeth I Do acknowledge that my endeavouring to maintain that the Parliament is Dissolved was an ill advised Action for which I humbly beg the pardon of the Kings Majesty and of this most Honourable House And I do also acknowledge that my bringing of an Habeas Corpus in the Kings Bench during this Session was a high Violation of Your Lordships priviledges and a great Aggravation of my former Offence for all which I likewise most humbly beg the pardon of this most Honourable House The Earl of Shaftsbury was brought again to the Bar and the Lord Chancellor told him the Lords had prepared a particular Acknowledgment which the House expected he should make and read the same to him And the Earl of Shaftsbury made the said Acknowledgment in these words viz. I Do acknowledge That my endeavouring to maintain that the Parliament is Dissolved was an ill advised Action for which I humbly beg the pardon of the Kings Majesty and of this most Honourable House And I do also acknowledge that my bringing of an Habeas Corpus in the Kings Bench during this Session was a high Violation of Your Lordships priviledges and a great Aggravation of my former Offence for all which I likewise most humbly beg the pardon of this most Honourable House His Lordship being again with-drawn IT is Ordered That the Lords with the white Staves now present wait on His Majesty to give his Majesty an Accompt that this House hath received Satisfaction from the Earl of Shaftsbury in the matter of the Habeas Corpus and the other Contempt for which he stood imprisoned and are humble Suitors to His Majesty That he would be pleased to discharge him from his Imprisonment And that their Lordships do acquaint the House to Morrow what they have done in this matter Ordered that the Earl of Shaftsbury be in the mean time Remitted to the Tower Die Martis 26 Feb. 1677. The Lord Treasurer Reported to the House That the Lords with the white Staves according to the Order of this House have astended His Majesty to give His Majesty an Accompt that this House hath received Satisfaction from the Earl of Shaftsbury in the matter of the Habeas Corpus and the other Contempt for which he stood Imprisoned and are humble suitors to His Mrjesty That he will be pleased to Discharge him from his Imprisonment To which His Majesty was pleased to give this Answer That He will give Order for the Earl of Shaftsbury's Discharge NOw that you have perused the manner of the Earl of Shaftsbury's Deliverance out of the Tower I shall for Illustration of the Great Clemency of His Majesty and of the most Noble House of Peers pursue my purpose signified in the beginning upon the enumerated Particulars that the Government of this Monarchy may not lose the benefit which may be improved out of an Accident of State so memorable and so necessary to be remembred for Prevention of the like in future 1. I shall give an Account of the peaceful condition of this Kingdom a little before the Earl of Shaftsbury began to offend His Majesty before that time had enjoyed as calm and quiet a Reign as could possibly be imagined to have been had in the midst of a Nation so divided into various Opinions A Reverence was paid to his Government by the Parliament Nemine contradicente And it was a much more comfortable Season for all His Great Officers and others intrusted with the Management of Affairs under him The Publick Purse was frankly open'd to Him upon all occasions without grumbling or delay and the hearts of men were in the best sence Simple Open and Chearful in their Sentiments about all his Royal Purposes and Proceedings Fears and Jealousies were confined in the breasts of those only who never loved him nor his Government and those Fears never shifted their Quarters among the Factions to take up new ones in the Old Royal Party The House of Peers was as the Temple of Old Not an Ax nor a Hammer no Noise was heard there Nor were the Waters of the Sanctuary there troubled nor any of the Vesses of it exposed to Scorn nor any of its Utensils nor Offices in danger of profanation But all things went smoothly there Next As for the House of Commons I may say much to the same purpose in the like strain of its wondrous Quiet and Calmness for Twelve Years together before the time of the said Earls Offences its admirable harmony and consent among themselves as well as its unparallel'd Loyalty Liberality and Duty to the King the great assurance of mind they shewed all along about his Majesties Royal Intentions towards the Securing of Us against Popery and in the Enjoyment and Confirmation of our Legal Rights and Liberties What a mutual confidence was there betwixt King and Commons So those secret Snakes that were crept into the Common Hedge durst not so much as peep forth a head to shew either their Factious Fork Venom or hissing against the Wisdom and Conduct of him or his Ministers And who I pray you was more Triumphantly transported to behold those happy days than this Penitent Earl When being exalted in the bright Orb of Chancellor he most worthily proclaimed before both Houses Anno 1672. A publick Praise and Blessing to the Almighty that he hath given us such a King That while War and Misery rages in our Neighbour's Countries our Garners are full and no