his Majesties Interest asking them If those unhappy differences that were arisen between the King and his Parliament 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 Sheriff of Norfolk which choice was November the first approved of and confirmed 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 appointed him January 20. with twenty persons more to sit as a Committee to consider of the inconveniencies which were in the Law and the Mischiefs which frequently arise from the Delays and other Irregularities in the Administration thereof and ordered them to report their Opinion therein to the House Not long after this the Scene of Affairs 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 remnant of a Parliament To which purpose on the 20th of April 1653. he entred the House attended by some of his principal Officers and delivered several 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 Dissolution but themselves every one affirmed that although probably the Nation could not be much better'd by this change yet worse could not possibly befall it However Cromwell did not think it time as yet to take the Government absolutely into his own hands wherefore he summoned another Convention 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 person to oppose and baffle any extravagant 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 being strangely exasperated stormed exceedingly and pushed forward their Designs with the greater fury Whereupon the rest although the Majority 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 themselves which they did accordingly and so by that means quash'd those mischievous 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 Nations 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 Person which Person should be Oliver Cromwell by the name of Lord Protector c. Whereupon Cromwell calls a Parliament 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 Designs Cromwell makes a Politick smooth Speech to them endeavouring to perswade them to embrace his Interest promising for their encouragement to do strange things for the good of the Nation if they would but afford him their Assistance in order thereunto But although some of the Members were Men for his turn and were resolved to serve him in his ambitious Designs to the uttermost of their power although themselves 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 Majority they over-number'd those who were for complying with the Usurpers Interest and render'd his hopes in that Parliament vain and ineffectual Whereat the Tyrant being inraged to see his expectations 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 confirmed to him by the consent of the People hoping that a second Representative would grant him that which the first refused Issues out his Writs for the Election of another Parliament Yet remembring the Speeches and Carriage of Sir Anthony and some other Members of the late Parliament he gave secret directions to the Sheriffs of the several Counties to use their utmost endeavour to prevent if possible their being chosen or returned to serve in that Parliament However the Countries striving to please themselves rather then the Protector and preferring their own Interest before Cromwells Returned Sir Anthony and most of the other Members that opposed the Protectors Designs in the late Parliament to serve in this whereby this Stratagem failed of producing 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 solemnly 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 directions not to admit of any into the House but those only that produced a Certificate or Warrant in the following form Com' Bucks These are to certifie that W.E. c. is returned to serve in this present Parliament for the said County and approved of by his Highnesses Council Sept. 17. 1656. Nath. Taylor Clerk of the Commonwealth in Chancery September 17. 1656. being the day appointed for the Meeting of this Parliament 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
thrown down or some such like ominous accident had happened and with abundance of earnestness renewed the motion for calling the Duke to the Bar but there were too many Lords between for that motion to succeed and advice was brought every moment from the House of Commons that the things was yet in agitation among them which gave his Lordship an opportunity to appear with extraordinary vigour in defence of the Duke's Person and his Proposal so that the Earl seem'd more properly another Principle than the Duke's Second Whereupon the Lord Chancellor therefore undertook on the contrary to make the Prorogation look very formidable laying the best colour upon it and the worst upon his Opponants Thus for five or six hours it grew to be a fixed Debate many arguing it on both sides in a regular method until they received the welcome News that the Commons were risen without doing any thing whereupon the greater number called for the Question and had it in the affirmative that the Debate should be laid aside And thus being flasht but not satisfied with their Victory they fell desperately upon them who had affirmed the dissolution the same night and the next day voted his Lordship with the Duke of Buckingham the Earl of Salisbury and the Lord Wharton to be commited to the Tower under the Notion of Contempt during his Majesties and the Houses pleasures The Contempt for which they were committed was their refusing to recant their Opinions and ask pardon of the King and the House of Lords notwithstanding the liberty and freedom of Speech which His Majesty verbally and of course allows them at the opening of every Parliament The Warrant for the committing his Lordship together with the Earl of Salisbury and the Lord Wharton ran Thus ORdered by the Lords Spiritual and Temporal in Parliament Assembled That the Constable of his Majesties Tower of London his Deputies shall reserve the Bodies of James Earl of Salisbury Anthony Earl of Shaftsbury and Philip Lord Wharton Members of this House and keep them in safe Custody within the said Tower during his Majesties Pleasure and the Pleasure of this House for their high Contempts committed against this House And this shall be your sufficient Warrant on that behalf J. Brown Cler. Par. To the Constable of the Tower THE four Lords continued in the Tower so long that the Parliament was several times Adjourned during their Confinement which his Lordship bore with abundance of patience and incredible chearfulness considering the many weaknesses and infirmities of Body he then laboured under They expected to have been Released at least of course by Prorogation but Adjournments was so much in use at that time that it made them despair of being releived that way wherefore finding no end of their Captivity they looked upon the procuring their Liberty to deserve as much care as others took to retain them in durance to which end they each of them chose the method he judged most proper The Duke of Buckingham the Earl of Salisbury and the Lord Wharton upon their application to His Majesty by a Petition were enlarged But Shaftsbury could not come off so for having made his Addresses to His Majesty in an humble Petition to be restored to his Liberty and the Favour of his Majesty he found the Royal Earl deaf to his Sute and no relief to be obtained that way Whereupon his Lordship applied himself to the Court of Kings-Bench the constant Residence of His Majesties Justice whether he was brought Wednesday Jan. 27. 1677. upon the Return of an Alias Habeas Corpus directed to the Constable of the Tower and there being some dispute about the sufficiency of the Return his Council prays to have the Return filled and Friday appointed to debate the sufficiency of it which being granted the Earl was re-manded back again unto the Tower On Friday morning his Lordship was brought up again and then the Case was strongly and learnedly argued on both sides and after the discussing the Point about the sufficiency of the Return then Mr. Williams Mr. Wallop and Mr. Smith who were Council for his Lordship gave divers weighty Reasons in the Earls behalf that the Court might and ought to relieve him The Attorney and Solicitor Generals argued the contrary shewing divers Causes why that Court could not relieve a person committed by Parliament So soon as they had done the Earl stood up and in an Elegant Speech spake for himself and directing him self to the Court delivered himself to this Effect MY LORDS I Did not intend to have spoken one word in this business but something hath been objected and laid to my charge by the Kings Council Mr. Attorney and Mr. Solicitor that inforces me to say something for your better satisfaction They have told you that my Council in their Arguments said That this Court was greater than the House of Peers which I dare to appeal to your Lordships and the whole Court that it was never spoken by them I am sure it was not spoken by any direction of mine What is done by my Council and by me is That this Court is the most proper place to resort unto in those Cases where the Liberty of the Subject is concerned The Lords House is the Supream Court of Judicature in the Kingdom but yet there is a Jurisdiction which the Lords House do not meddle with The Kings Council mentioned as a wonder that a Member of the Lords House should come hither and thereby diminish the Jurisdiction of that Court I acknowledg them to be superiour to this or any Court in England To whom all Appeals and Writs of Error are brought and yet there is a Jurisdiction that they do not challenge and which is not natural to them or proper for them They claim not to meddle in Original Cases and so I might mention in other things And I do not think it a kindness to any Power or Body of Men to give them a Power or Jurisdiction which is not natural or proper to their Constitutions I do not think it would be any kindness to the Lords to make them absolute and above the Law for so I humbly conceive this must do if it be adjudged that they by a general Warrant or without any particular Cause assigned do commit me or any man to a perpetual and indefinite Imprisonment And my Lords I am not so inconsiderable a person but what you do in my Case must be Law for every man in England Mr. Attorney is pleased to say I am a Member of the Lords House and to lay wait on the word Member It 's true I am one of them and no man hath a greater reverence and esteem for the Lords than my self But I hope my being a Peer or a Member of either House shall not lose my priviledg of being an English-man or make me to have the less Title to Magna Charta or the other Laws of English Liberty My Opinion is not with one of my
and Affection Duty and Loyalty to His Majesty's Person and Government humbly requesting that the Parliament summoned to meet at Oxford might be Graciously permitted to meet and sit at Westminster It was presented to His Majesty by the Earl of Essex who acquainted the King with the design and intent of their Petition in the following words May it please Your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by your late Proclamation Your Majesty hath Declared an Intention of calling a Parliament at Oxford and observing from Histories and Records how unfortunate many such Assemblies have been when called at a place remote from the Capital City as particularly the Congress in Henry the Seconds time at Clarendon Three several Parliaments at Oxford in Henry the Thirds time and at Coventry in Henry the Sixths time with divers others which have proved very fatal to those Kings and have been followed with great mischief to the whole Kingdom And considering the present posture of Affairs the many Jealousies and Discontents which are among the People we have great cause to apprehend that the Consequences of the sitting of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People if we being Peers of the Realm should not on so important an occasion humbly offer our Advise to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which we humbly present to Your Majesty To the Kings most excellent Majesty The humble Petition and Advice of the Lords undernamed Peers of the Realm Humbly sheweth THat whereas Your Majesty hath been pleased by divers Spechees and Messages to Your Houses of Parliament rightly to present to them the dangers that threaten Your Majesties Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the suddain growth of a forreign Power unto which no stop or remedy could be provided unless it were by Parliament and an Vnion of Your Majesties Protestant Subjects in one Mind and one Interest And the Lord Chancellor in pursuance of Your Majesties Commands having more at large demonstrated the said dangers to be as great as we in the midst of our fears could imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would certainly be lost if a speedy provision was not made against them And Your Majesty on the 21st of April 1679. having called unto Your Council many Honourable and Worthy Persons and Declared to them and to the whole Kingdom That being sensible of the Evil Effects of a single Ministry or private Advice or forreign Committee for the general Direction of Your Affairs Your Majesty would for the future refer all things unto that Council and by the constant Advice of them together with the frequent use of Your great Council the Parliament Your Majesty was hereafter resolved to govern the Kingdom We began to hope we should see an end of our Miseries But to our unspeakable grief and sorrow we soon found our expectations frustrated the Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our relief and security And tho' another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither your Person nor your Kingdom could be safe till the Matter of the Plot was gone through It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein All their just and pious endeavours to save the Nation were overthrown the good Bills they had been industriously preparing to Vnite Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plots stifled The Witnesses that came in frequently more fully to Declare that both of England and Ireland discouraged Those forreign Kingdoms and States who by a happy Conjunction with us might give a check to the French Powers disheartned even to such a despair of their own security against the growing greatness of that Monarch as we fear may enduce them to take New Resolutions and perhaps such as may be fatal to Vs the Strength and Courage of our Enemies both at home and abroad encreased and our selves left in the utmost danger of seeing our Country brought into utter desolation In these extremities we had nothing under God to comfort us but the hopes that Your Majesty being touched with the groans of your perishing People would have suffered Your Parliament to meet at the day unto which it was Prorogued and that no further interruption should have been given to their proceedings in order to their saving of the Nation But that failed us too so then we heard that Your Majesty had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in safety but will be dayly exposed to the Swords of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby destroyed and the validity of all their Acts and Proceedings consisting in it left disputable The straitness of the place no way admits of such a concourse of persons as now follows every Parliament The Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have impeached or had resolved to impeach can neither bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Premises considered We Your Majesties Petitioners out of a just abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful apprehensions of the calamities and miseries that may ensue thereupon do make it our most humble Prayer and Advice that the Parliament may not sit at a place where it will not be able to Act with that freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the people and have ever had unless impaired by some Awe upon them of which there wants not presidents and that Your Majesty would be Graciously pleased to order it to sit at Westminster it being the usual place and where they may consult with Safety and Freedom And Your Petitioners c. Monmouth Kent Huntingdon Bedford Salisbury Clare Stamford Essex Shaftsbury Mordent Ewers Paget Grey Herbert Howard Delamer BUt His Majesty resolving not to alter His Resolution for the Parliaments setting at Oxford and the time of their metting
drawing near the Members from all parts repaired thither and apprehending themselves in danger of being exposed in a place so remote from London to the Insolency of the Papists upon the account of that Vigilency and Courage wherewith they had prosecuted the Popish Plot in former Parliaments they appeared there with a Guard some of them being accompanied thither by their Tenants and Neighbours some by the Freeholders by whom they were chosen and many of them only by their own Domisticks And to say the Truth the whole number was so inconsiderable that it served rather for Ornament than Strength and could have afforded but little assistance if the Papists had made an assault upon them as was feared Going thus attended to Parliaments holden at places remote from the Royal City hath alwaies been usual and customary and accounted not only honest but desent and honourable too especially in times of difficulty and danger when not only a Suspition but unquestionable Evidence and undeniable Proof of a design to destroy the King murther His Subjects and subvert the Government renders it foolish and unsafe to do otherwise least thereby the innocent and unwary expose themselves to the insolence and fury of their stronger Adversaries But notwithstanding this antient and laudable Custom it was looked upon at this time as an ill thing and great improvement made thereof towards the effecting what had been formerly so often unsuccessfully attempted as will appear by the sequel of this History The King having made preparations for His Journey to Oxford went first to Windsor and from thence to the University being met upon the Border of the County by the High Sherift and his Attendance and at Wbateby by the Lord Norris Lord Lieutenant of the County with a great Train of Gentry and the two Troops of the County Militia who conducted him to the East-Gate of the City where he was received by the Mayor and the rest of the Magistrates and welcomed by the Recorder in an elegant and florid Oration Then the Mayor presented him with the Mace Sword which being return'd again the Mayor attended with the Aldermen and Recorder carried the Mace before His Majesty to Christ Colledge-Gate from whence the King passing to His Lodgings which were prepared for him in the Colledge was received by the Bishop and welcomed in a Latin Speech which he made on his Knees And the next morning His Majesty was attended by the Vice-Chancellor the Orator and the rest of the Officers belonging to the University The Orator making a Speech to the King in Latin and to the Queen in English His Lordship and divers other persons imitated those of other parts and went to Oxford accompanied likewise with several persons of their Neighbours and Acquaintance who Innocently offered to wait on them some part of the way and others throughout to Oxford On the 21st the Parliament met at the Convocation House The King told them he had not parted with His last House of Commons had it not been for their unwarrantable proceedings he commended to them the prosecution of the Plot c. Having ended his Speech the Commons returned to their House to chuse themselves a Speaker and unanimously made choice of Mr. Williams who had been Speaker of the former Parliament the choise being over they presented him to His Majesty and the Speaker Addressing himself to the King acquainted Him That the Commons according to His Majesties command had proceeded to choose them a Speaker and to shew that they were not given to change they had chosen him and that he did according to their command prostrate himself at His Majesties Feet to receive his pleasure with a Head and Heart full of Loyalty to His Sacred Person Armed with a settled Resolution never to depart from His antient and well settled Government The King having approved of the choice and confirmed him for Speaker the Commons withdrew and repaired to their own House and settled Elections c. On the 25th they entered upon the consideration of the Matter relating to the Bill which had passed both Houses in the last Parliament for repeal of the Act of the 35th of Elizabeth but was not tendred to His Majesty for the Royal Assent and resolved that a Messenger should be sent to the Lords to desire a Conference thereupon Another Message was also ordered to be sent to the Lords to put them in mind that they had formerly by their Speaker demanded judgment of High Treason at their Bar against the Earl of Danby and therefore desired them to appoint a day to give judgment against him upon their Impeachment The Impeachment of Fitz-Harris was next entered upon in order whereunto his Examination being-read in the House they ordered it to be Printed and that Fitz-Harris should be impeached at the Lords Bar and a Committee appointed to draw up Articles against him The House ordered Sir Lionel Jenkins to carry up the Impeachment to the Lords which he at first refused but perceiving the Commons were ready to proceed against him for that Contempt he complied and went up and impeached Fitz-Harris at the Bar of the Lords House in the Name of the Commons and People of England The Impeachment of Fitz-Harris being thus delivered to the Lords they rejected it whereupon his Lordship and Eighteen Peers entered their Proestation against their throwing of it out The Commons likewise Voted it to be illegal and the next Morning March 28th His Majesty sent for them into the House of Lords and told them that their beginnings had been such that he could expect no good of this Parliament and therefore thought fit to Dissolve them and accordingly the Chancellor by the Kings Command Declared the Parliament Dissolv'd By this unexpected and suddain Dissolution a final conclusion was put to all their Debates and all their further examinations of and prosecuting the Popish Plot was terminated by a full Point The Parliament being thus Dissolv'd the King took Coach immediately and departed to Windsor the same day and after a few hoursstay returned to Whitehall and the Earl likewise returned to London having first left as a mark of his magnificence and bounty a piece of Plate to Baliol Colledge With this Parliament we may conclude the Active part of his Lordships Life for about that time the Scene alter'd and he becomes only passive in the remainder of his Life in relating the Storms whereof I am fallen into such a Laborinth of Plots Sham-Plots misterious Intreagues Subornations and Perjuries and confident Affirmations of moral Impossibilities as no Age ever produced or History can parallel so that it cannot be expected I should Write an exact History thereof but the Reader must be content to let it remain as a considerable part of the Mystery of Iniquity until such time as he to whom all things are open and naked shall bless the World with a full and clear discovery of the secret But as a commical Prologue to the intended Tragedy
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 Establishing his Tyranny They being all Excluded for want of the aforesaid Certificate 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 complaint 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 admittance 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 Approbation 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 Ancient 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 Resolutions against a Protectorian Invasion And the greatness of their Courage and brave English Gallantry will be the more conspicuous if we consider this was done when the then Protector was in his Zenith when he had made almost all Europe 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 Foundations And the House too filled with those who either were or seemed to be his Creatures Yet in a general Defiance of this so Potent 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 Protestations 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 Right to meet Sit and Vote in Parliament 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 Country to declare unto the People of England their and our woful condition and the most evident danger of the utter 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 intended 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 Oppressions Cruelties Murthers and Confusions that are comprehended in this horrid Fact are not so sensibly discerned or so much laid to heart as the case requires 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 faithfulness to God and our Country hereby Remonstrate First That whereas by the Fundamental 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 Discretion upon another as a Rule unless there be some compact or Agreement between 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 destroyed at the will of every wicked Tyrant and by keeping this only as their undoubted Right they have been kept from being brutish Slaves to the lusts of 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 Deputies 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 Confidents 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 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 consent 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 every 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 Property in this Nation and to that end the Designs of Tyranny have attempted to destroy sometimes the Being sometimes the Power Priviledges and Freedom of Parliaments yet the Mercy of God hath almost miraculously preserved the Being Priviledges and Authority of Parliaments and therein Religion Liberty and Property until the time of the Lord Protector But now he hath assumed an absolute Arbitrary Soveraignty as if he came 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 Proclamations 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 Expence and were there as much Truth as there is Falshood in that pretence yet he could not but know that the Right of the Peoples Deputies to their Antient Powers and Priviledges would remain good against him as against their publick capital Enemy Whom every man ought to destroy until by some agreement with the Body of the People in Parliament some sort of governing Power in him were submitted unto that hereby he might cease to be a publick Enemy and Destroyer and become a King or Governour according to the conditions accepted by the People and if he would so pretend he could not be so discharged from his publick Enmity by any Condition or Agreement made with a part of the Peoples chosen Deputies whilst he shut out the other part for no part of the Representatives Body are trusted to consent to any thing in the Nations behalf if the whole have not their free Liberty of Debating and Voting in the Matters propounded If he would pretend no higher than to be our Conquerour who for Peace and his own safeties sake was content to cease from being a publick Enemy and to be admitted a Governour he would not compass those ends by forcibly excluding as now he does whom he pleases of the Representative Body of People who were to submit to him on the Peoples behalf therefore he either takes upon him to be such a Conqueror as scorris the Peoples acceptance of him by their Representative as their Governour and fears not to remain a publick Enemy or else he takes himself to be such an unheard of Soveraign that against him the People have no claim of Property or Right in themselves or any thing else for he hath now declared that the Peoples choice cannot give any man a Right to sit in Parliament but the Right must be derived from his gracious Will and Pleasure with that of his Councellors and his Clerks Ticket only must be their evidence for it Thus hath he exalted himself to a Throne like unto God's as if he were of himself and his power from himself and we were all made for him to be commanded and disposed of by him to work for him and serve his Pleasure and Ambition A little after there is an Instance of Chief-Justice Tresilian who was executed at Tyburn in the time of Richard the Second for advising the King that he might at any time dissolve the Parliament and command the Members to depart under the penalty of Treason Divers other Protestations were contained in that Instrument against the Arbitrariness and Tyranny of that proceeding and in conclusion they declare they will pour out their complaints before the Lord against their powerful Oppressors hoping he will redeem his People out of the hands of wicked and deceitful Men. This Protestation was Signed by One hundred and seventeen persons whereof Sir Anthony Ashley Cooper was chief and many others of great Loyalty and Integrity some whereof are since dead but many yet survive and as a reward of their Loyalty enjoy Places of Honour and Profit under his present Majesty By this we may easily discern the Opinion he had of the Illegal and Arbitrary proceedings of Cromwell and how much of the sufferings of the Loyal Party would have been prevented had that point of a free Parliament been then gained and consequently His Majesties Restauration must have happened sooner than it did This Remonstrance had not power enough however to work their present admission into the House so that that part of a Parliament which was suffered to sit did every thing to the desire of Cromwell answering both those ends for which they were Convened viz. the raising Money and confirming his Title which was no sooner done but he Prorogued them until he had occasion to Fleece them again which interval was laid hold on by this true English Gentleman as a fit opportunity to engage them when they met again to do themselves and the Nation Justice by admitting him and the rest of the Members that were kept out by the Protector to take their place in Parliament and so managed some of the Members who were moderate men that they resolved not to be so basely trampled on by the Tyrant any longer The Prorogation being expired the Parliament make their appearance at Westminster where the Protector makes a fair Speech to them promising them strange things if they would go on and prosecute his Designs But notwithstanding this Speech the Commons were no sooner retired to their House than Cromwell discovered to his no small perplexity that the Face of his beloved Parliament from whose tractableness and compliance he had promised himself the greatest happiness imaginable was strangely altered For they presently fell to Voting That no Member legally Chosen and Returned could be excluded from performing their Duty but by consent of Parliament and thereupon immediately proceeded to the calling over their House and admitted Sir Anthony and the rest who had subscribed the Remonstrance to the no good liking of the Protector who were no sooner in and the House full but they so influenced the rest that they soon became the majority and began to undo what the others had done in their absence and presumed so far as to question the Tyrants Power Wherefore finding them so bold he concluded it would not be convenient to let a business of so high a nature run too far lest it should if neglected put a period to all his ambitious Designs Wherefore going to his Pageant House of Lords he sent for them and after having made a large Speech to them in the conclusion told them That it did concern his Interest as well as the publick Peace and Tranquility of the Nation to terminate that Parliament and therefore he did then dissolve them and put an end to their Sitting The constant correspondence he alwaies maintained with the Royal Party and that almost to the hazard of his Life and Family are sufficient Testimonies of his sincerity to his Masters Interest and Service his House was a Sanctuary for distressed Royalists and his correspondence with the Kings Friends though closely managed as the necessities of those times required are not unknown to those that were the principal managers of his Majesties Affairs at that time This made Cromwell so apprehensive of this great Assertor of his Countries Rights and Opposer of Arbitrary Government and Enthusiasm that though his vast Abilities were known at least to equal the ablest Pilot of the State which was the only motive that induced the Usurper in the infancy of his Usurpation to nominate him for one of his Council in hope thereby to allure him to his Interest and wheadle and Wire-draw him into a compliance with his ambitious and mischievous designs yet we cannot
find him amongst the Creatures of his Cabinet Council nor amongst the Eleven Major Generals to whom the Care of the Nation was committed No their Principles their Aims and Designs were incompatible one was for Subverting the other for Maintaining the Antient standing Fundamentals of the Nation which once dissolved it was impossible but an Universal Deluge of Confusion Blood and Rapine must ensue This made our brave Patriot with divers of the Heroick English Race to the utmost oppose the growth of a Protectorian Tyranny And when the Rump had again usurped the Power into their hands they endeavoured to oblige him by nominating him to be one of their Council of State and one of the Commissioners for the managing their Army Notwithstanding which he continued his Intelligence with and Endeavours for the Restoration of his Soveraign So that we find him accused before them for keeping Intelligence with the King and for having raised Men to joyn with Sir George Booth in attempting to restore and bring His Majesty that now is to his Rightful Throne Many persons of great note were imprisoned on the account of this Plot and amongst the rest Sir Anthony Ashly Cooper who was really guilty if there could be any Guilt in Loyalty and an honest endeavour to free his Country from those deplorable miseries under which it then groaned for indeed he was a principal contriver of the Business being one of the secret Cabal and had always kept Intelligence with Sir George and had raised a party in Dorset-shire to joyn with him which upon the miscarrying of the Design timely dispersed themselves And although no man knew better then he how to obviate the Reasons of the House and plead his own Cause yet he was not without great difficulty cleared and discharged of that Imputation by the Rump who shortly after intrusted him with the Custody of the Tower of London the Command of a Regiment of Horse and gave him with six others to assist him the Government and Command of their Army So that now he began to advance the great work of Restoring his Majesty with more success and speed than before To which end he and Eight more who had been of the Old Council of State sent a Letter to General Monke to proceed in his generous Undertakings for the advantage and settlement of the three Nations and perswaded him to come to London in order to the better prosecuting what he had so well begun Whereupon the General having disposed and ordered all things according to his desire advanced towards England accompanied with several English Gentlemen who held correspondence with him and being acquainted with the Generals Designs went thither on purpose to accompany him hither where he was no sooner arrived but he was highly Honoured and Complemented by the Rump and made one of the Council who was to order and dispose of publick Affairs but to qualifie them for this Trust they were to have an Oath imposed upon them wherein they were to abjure the Royal Family But that being directly contrary to the generous Designs of those two Noble Patriots of the Royal Cause and bold Adventurers for the Interest of their injured Soveraign the one by his Head to contrive and the other by his Arms to execute what was contrived as well as assist in Counselling and Advising They opposed it as unreasonable and a Snare to their Consciences and by their influence upon Colonel Morly procured it to be so warmly opposed that both Oath and Council fell and came to nothing Doctor Clarges having happily discovered that Lambert and others were making parties and drawing Forces together to oppose their Loyal Designs repaired immediately to Sir Anthony accounting him the fittest person to be acquainted with a business of that nature being not only firm to the Kings Interest but by his Wisdom and Policy knew how to undermine those who were averse to it wherefore having related the particulars to him desiring him to communicate it to the Council and prevail with them to take speedy care about it lest if neglected it should prove of dangerous consequence Which he did accordingly and so managed the Council that timely care was taken in it and even that attempt of Lamberts which in it self threatened the contrary was by his Skill dexterously managed for the advantage of his Majesties Interest and the hastening his happy Restoration General Monke having forced the Parliament to admit the secluded Members they were no sooner seated in the House but they fell to such kind of work as plainly discovered to all intelligent Men what would be the Issue of those things which were then transacted for they ordered the Release of all those who were Imprisoned for Petitioning for a Free Parliament together with the Members of the Common-Council of London They inlarged the Generals Commission constituting him one of the Generals at Sea Discharged Sir George Booth and others committed upon the account of his Rising and ordered the Examination of him and his Lady to be taken off the File and given to them Then having appointed a free Parliament to meet in the April following they Dissolved themselves appointing a Council of State to govern in the mean while consisting for the most part of Loyal Gentlemen whose Names were as follows Arthur Ansley Lord President William Pierpoynt John Crew Richard Knightly Colonel Popham Colonel Morley Sir Anthony Ashley Cooper Sir Gilbert Gerard Lord St. John Sir Thomas Widdrington Sir John Evelin Sir William Waller Sir Richard Onslow Serjeant Maynard Sir William Lewis Colonel Montague Colonel Hanly Colonel Norton Denzill Hollis Sir John Temple Colonel Tompson Sir John Trever Sir John Holland Sir John Poltis Colonel Birch Sir Harbottle Grimston John Swinton John Weaver Colonel Rossiter Lord Fairfax Lord General Monke This Council was so influenc'd by the two great Contrivers and Managers of the happy change that everything done by them tended to the furthering thereof And April 25. 1660. the new Parliament met in both Houses which was the most considerable step they had yet made towards the accomplishing their great End and gave an entrance to and made way for the perfecting the whole Contrivance For His Majesty immediately hereupon dispatcht away Sir John Greenvil who was afterwards created Earl of Bath with Letters to both Houses of Parliament and General Monke which were delivered to them upon the first day of May being but the seventh day after the opening of the Parliament together with his Majesties gracious Declaration to all his Loving Subjects Wherein he expresses abundance of compassion and tenderness to the Nation which had been so long harrass'd by an unnatural War These Letters and the Declaration were received by the Parliament with a Joy and Veneration so extraordinary that I find my self at a loss for words wherewith to express it And their pleasure and satisfaction was such that in an extasie of Joy they suddenly drew the Curtain and exposed the Beautiful and Glorious Scene to the
delightful view of the languishing Spectators wherein they plainly law the happy Issue of those Policies and Councils that were before Riddles too mysterious for vulgar understandings to unfold or once imagine whither they tended or where they would terminate by the following Resolves of both Houses Resolved by the House of Peers That they do own and declare That according to the Ancient and Fundamental Laws of this Kingdom the Government is and ought to be by King Lords and Commons Resolved That a Committee of Eight Lords do joyn with a Committee of the House of Commons to consider of an Answer to His Majesties gracious Letter and Declaration Resolved by the House of Commons That a Committee be appointed to prepare an Answer to His Majesties Letter expressing the Great and Joyfid sense of this House for his Gracious Offers and their humble and hearty Thanks to His Majesty for the same and with professions of their Loyalty and Duty to His Majesty And that this House will give a speedy Answer to His Majesties Gracious Proposals Resolved That the sum of 50000 1. be Presented His Majesty from this House The receiving those Letters and the Parliaments compliance therewith was no sooner reported to the City but the Citizens were almost overwhelmed with Joy the harmony of the Bells and the flaming Piles which inlightened every Street surrounded with incredible Shouts and Acclamations of Joy were sufficient demonstrations of the infinite pleasure and satisfaction they took in this no less wonderful then happy Revolution and the several Counties taking the Alarm from London contended which should out-vie each other in expressions of Loyalty and Joy Then the Parliament proceeded to draw up a Letter in Answer to His Majesties subscribing it to the Kings most Excellent Majesty desiring him speedily to return to the Exercises of his Kingly Office appointing Commissioners to go over to Holland and attend His Majesty during the remainder of his stay there and in his return to England Of these Commissioners there were six for the House of Lords for the House of Commons Twelve whereof our great Patriot was one and Twenty for the City of London Instructions being delivered to the Commissioners they set Sail for Holland in several Frigats appointed by the Parliament to attend them and after some danger by bad Weather they Landed at the Hague whither His Majesty was then removed from Breda where he had resided some time before as being a place nearer and more convenient for his Shipping the disposal whereof and of the whole Fleet was remitted to His Majesties pleasure General Montague having received Orders from the Parliament to Obey His Majesties Orders and Directions therein The Commissioners were no sooner arrived but they went and waited on His Majesty and with all imaginable Respect and Veneration delivered their respective Messages and behaved themselves according to the Instructions they received from their Principals beseeching His Majesty in the name of his Parliament and People to return and re-assume the Scepter assuring him That he should be infinitely welcome without any terms They were received by his Majesty with a Port and Grace like himself and entertain'd with extraordinary Favour and Magnificence In the mean time the Parliament Proclaim'd the King which was perform'd with all the Joy Splendour and Magnificence that Love or Loyalty could inspire The chief Lords of the House of Peers and the most eminent of the House of Commons the Lord General together with the Lord Mayor and Aldermen all in their Coaches attended by the whole Militia of the City waited upon and assisted in the Ceremony and the Shouts and Acclamations of the crouding Multitudes was so extraordinary that although all the Bells throughout the City and Suburbs were at that time Ringing yet their noise was not to be heard The King preparing for his Return was magnisicently Treated by the Dutch and highly Complimented by all the Forraign Ambassadours And the Dutch knowing that they should thereby very much please the King enlarg'd their Civilities to our great Patriot and the rest of the Commissioners from the Parliament and City treating them by their Deputies to their great content and satisfaction Whilst this great Adventurer for the Royal Cause continued in Holland one day as he was doing his Duty in waiting on his Soveraign had the unhappiness to be overthrown in a Carravan whereby he received an unfortunate Wound in his side between the Ribs which in time came to an Exulceration and was in the year 1672. when he was Lord Chancellour forc'd to be opened The Operation was performed by Mr. Knolls the Chyrurgeon by the Advice and Direction of the famous Doctor Willis and supposed to be the greatest Cure that ever was done upon the Body of Man From whence we may learn the hard Fate which sometimes attend the most commendable Actions since this which was the greatest mark and ensign of Loyalty should be made the matter of the greatest Obloquy and Reproach most of those malicious Pamphlets that have been written against him being filled with Invectives grounded upon the Story of the Tap. Oh monstrous Ingratitude His Majesty having prepared all things in readiness Embarqued for England the Royal Charles being appointed for that purpose And was attended by the Commissioners and a numerous Company of English Gentry and waited on by General Mountague with the whole Fleet and having a fair and gentle Gale Landed at Dover May 25. where he was met by the General and chief Nobility and so conducted to Canterbury Rochester and Darkford and from thence to London where His Majesty found the Lord Mayor and Aldermen ready in a Tent which was pitcht in St. Georges Fields to receive him the several Regiments being there placed in Order made a Lane for his Majesty to pass through the Sword being delivered him according to Custom he re-delivered it and after a splendid Treat proceeded into London by Southwark from the Bridge to Temple-Bar the Streets were Railed on one side with Standings for the Liveries and on the other with the Train'd Bands and sevefal Companies of Gentlemen Volunteers in White Doublets under the Command of Sir John Staywell through which His Majesty passed in a Splendid and Triumphant manner being bravely attended by Sir Anthony and the rest of the Commissioners of the Parliament and City together with all the principal Nobility and Gentry of England with innumerable others and so he passed to White-hall where both Houses of Parliament waited his Arrival whose Speakers in elegant Speeches acquainted him with the Felicity and Happiness they conceiv'd in this happy Revolution The Friday following His Majesty went the private way to the House of Lords and after having made a short Speech signed those Acts which were ready for the Royal Assent And not long after proceeded to the choice of his Privy-Council and in consideration of the great Esteem he had for Sir Anthony Ashly Cooper nominated him for one of them Wisely considering
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 Religion the interest of Brittain and thereby sadly frustrate their BVDDING HOPS Nor was it long before their pregnant and groaning Designs gave him an occasion 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 beneficial 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 abhor that Trayterous position of taking Arms by His Authority against His Person or those that are Commission'd by Him in pursuance of such Commission And I do Swear That I will not at any time endeavour 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 into 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 although 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 Nature might certainly have been accounted the Platform and Standard of Prudence and Loyalty This Oath they said was but a little thing being only a moderate security to the Church and Crown Yet their so stifly defending it when opposed by His Lordship and others together with their fierce and united 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 Extent 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 happened in Parliament wherein his Lordship and divers other Illustrous Peers being assured of their own Loyalty and Merit stood up against the Oath and pleaded for the Antient English Liberties with the same Pious Vertue and Heroick Courage and Resolution wherewith their Noble Ancestors had formerly defended the great 〈◊〉 of England only they deserved far greater Commendation and Honour in regard they grapled with far greater difficulties and had not so fair a Field to engage in but fought it out under all the disadvantages imaginable being overlaid 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 engagement yet never was there a fuller demonstration How dull a thing humane loquence is and how small and inconsiderable The most towering and insulting greatness when bright Truth discovers 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 Parliament 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 success 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 other 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 employed Needham a mercenary Wretch who had with an audacious impudence and unparalell'd virulency Writ against two Kings Viz. Our present Soveraign and His Royal Father and therefore the more fit for such an undertaking His first Essay was in a Libellous Pamphlet called Advice to the Men of Shaftsbury 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 finished his Speech the Commons withdrew and the Lords had taken their Respective Seats The Duke of Buckingham who usually says what he thinks stood up and argued with great strength of reason that according to the Laws and Constitution of Parliaments that unpresidented 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 motion and ascertain'd the validity of Buckingham's Proposals with all the Cicilian height of Courage and Reason Whereupon another Lord of no less consideration than the former who had called the Duke to the Bar stood up in as great pet as if the Salt had been
Council who argued very learnedly that the passing an Act by the Kings Royal Assent can not make a Session because the usual Promise was not in it It was without any instruction of mine that he mentioned that Point The Kings Council tells your Lordships of the Laws and Customs of Parliaments and if this were so I should submit but this Case of mine is primae impressionis and is a new way such as neither Mr. Attorney nor Mr. Solicitor can shew any President of and I have no other remedy or place to apply my self to than the way I take Mr. Attorney confesseth that the Kings Pleasure may Release me without the Lords if so this Court is Coram Rege This is the proper place to determine the Kings Pleasure This Court will and ought to judge of an Act of Parliament null and void if it be against Magna Charta much more may judge an order of the House that is put in Execution to deprive any Subject of his Liberty And if this Order or Commitment be a Judgment as the King's Council affirms then it is out of the Lords hands and properly before your Lordships as much as the Acts which were lately passed which I presume you will not refuse to Judge of notwithstanding Mr. Attorney General saith this Parliament is yet in being yet I take it something ill that he tells me I might have applied elsewhere My Lords they speak much of the custom of Parliament but I do affirm there is no custom of Parliament that ever their own Members should be put out of their own power and the inconveniences will be endless Mr. Attorney was pleased easily to ansiver the Objection of one of my Council if a great Minister be so committed he hath the Cure of a Pardon a Prorogation or a Dissolution But if the Case should be put why forty Members or a greater number may not as well be taken away without Remedy in any of the King's Courts he will not so easily answer And if there can be no relief in this Case no Man can foresee what will be hereafter I desire your Lordships well to consider what Rule you make in my Case for it will be a president that may in future Ages concern every Man in England My Lord Mr. Attorney saith you either can release or remand me I differ from him in that Opinion I do not insist upon a Release I have been a Prisoner above five Months already and came hither of necessity having no other way to get my Liberty and therefore am very willing to tender your Lordship Bail which are in or near the Court as good as any are in England either for their Estate or Quality and I am ready to give any sum or member My Lords this Court being now possest of this business I am now your Prisoner The Court having heard all that could be said pro and con on both sides delivered their Opinions Seriatim one of the Judges indeed was not there in Person but he adventured hower to shew the exactness of his Justice to depute Judge Jones to speak for him when it came to his turn and declare although he had not heard what his Lordships Council or himself could say that it was his Opinion his Lordship ought to be remanded and the rest of the Court unanimously concurring with the Opinion of their absent Brother he was by them remanded back again to the Tower according And thus his Lordship being denied redress in the Court of Kings-Bench remained a Prisoner in the Tower until the February following and then on the fourteenth of that Month the Parliament being then sitting he presented a Petition to the House of Lords wherein he makes a very humble submission both to His Majesty and the House of Peers but they objecting against the Petitions he had presented to His Majesty as not having made a satisfactory acknowledgment of his Crimes after some debate rejected this Petition Whereupon the weak condition he was then brought into by his confinement requiring speedy enlargement he presented another Petition to His Majesty and likewise to the House of Lords in both which he renued his Supplication to be released from his imprisonment And not only acknowledged with all humble submission That his endeavouring to maintain the Parliaments being Dissolv'd was an ill advised Action and so must every Man acknowledg who will strive in vain to sail against Wind and Tide but in the most submissive Terms assured them that he was ready to make what further acknowledgment and submission they should require and that in the way and manner too which they should please to direct yet unfortunate Earl he could not obtain his Liberty upon these Terms neither another pretence being then laid hold on for the prolonging his Imprisonment Which was the horrid Crime of endeavouring his enlargment by applying himself to the Court of Kings-Bench in order to his being admitted to Bail And yet a certain Gentleman in the World who had at that time a mighty influence upon Affairs and improved this imaginary fault as much as possible to the prejudice of the Earl hath since that time been himself guilty of the supposed Crime And not only so but hath rendred himself also more pertinacious therein by his reiterated applications to that Court to take Bail for him His Lordships Second Petition to the House of Lords was as follows To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled The humble Petition of Anthony Earl of SHAFTSBVRY Sheweth THat your Petitioner on the 16th of February 1676. was committed Prisoner to the Tower of London by your Lordships because he did not obey your Lordships Order where he hath continued in close confinement to the great decay of his Health and danger of his Life as well as prejudice of his Estate and Family In all humble Obedience therefore unto your Lordships he doth acknowledge That his endeavouring to maintain that this Parliament is Dissolved was an ill advised Action for which he humbly begs the Pardon of the King's Majesty and of this most Honourable House and doth in all humble Duty and Observance to your Lordships beseech you to believe that he would not do any thing willingly to incur your displeasure Wherefore your Petitioner in all humble Duty and Obedience both to His Majesty and your Lordships hath made his humble submission and acknowledgment in his most humble Petition unto the Kings most Sacred Majesty and is ready to make his further submission to His Majesty and this Honourable House according to the direction thereof And he doth most humbly implore your Lordships that you will be pleased to restore him to your favour and discharge him from his Imprisonment And your Petitioner c. SHAFTSBVRY THis Petition being read the Lord Chancellor acquainted the House that His Majesty had received a Third Petition from the Earl of Shaftsbury more submissive than the two former But His Majesty understanding
that he had endeavoured to free himself from the censure of this House by appealing to the Kings-Bench to have there judgment thereupon during the late Adjournments doth not think fit as yet to signifie his pleasure as to his discharge until this House hath taken that matter into consideration Upon which the Lords refusing to make an Address to His Majesty for his Lordships discharge entered into a debate concerning his Appeal from their House to the Kings-Bench for an Habeas Corpus but not being able to come to any Resolution about it that day the next day it was resumed again and the Records of the Kings-Bench produced by which it did appear that two Rules of Court had been obtain'd upon the motion of his Lordships Council and the returns thereupon were read by which it did appear that the Earl had been committed the 16th of February 1676. for a Contempt committed against the House of Lords and then the remitture of the Earl to the Tower was read After this a Petition from his Lordship to the House was read wherein he took notice of an Order of the House for bringing thither the Records of the Kings-Bench Court concerning the matter of an Habeas Corpus brought by him acquainting them that he took himself to be very much concern'd that they should enter into a debate of that Nature in his absence since he had an undoubted Right to be present and plead for himself when a debate of any new matter against him was entred upon and that although he could not pretend but that there might be a probability of his having err'd for want of a President to guide him and being deprived of the benefit of Council by reason of his close confinement yet he resolved not to do any thing willingly that might in the least offend His Majesty or their Lordships and therefore humbly laid hold of that opportunity to give further Evidence thereof by casting himself at their Lordships feet and as he humbly begg'd the Pardon of His Majesty so he also implored the forgiveness of their Lordships for offending them in any thing whatsoever The debate was somewhat long but at last it came to this Issue They Resolved and Declared That it was a breach of the priviledge of that House for any Lord committed by them to bring an Habeas Corpus in any inseriour Court to free himself from that Imprisonment during the Session of Parliament and that the Earl of Shaftsbury should have Liberty to make his full defence notwithstanding the Resolution and Declaration aforesaid Friday February 22d The Lords directed a Warrant to the Constable of the Tower to bring his Lordship to their Bar on the Monday following The Earl of Northampton then Constable of the Tower accordingly brought him where kneeling at the Bar he received an account from the Lord Chancellor of the Resolutions of the Lords concerning his Appeal to the Court of Kings-Bench whereupon his Lordship stood up and made his reply to this Effect MY LORDS I Have presum'd to present two Petitions to this Honourable House The first your Lordships mention I do again here personally renew humbly desiring that I may be admitted to make that humble submission and acknowledgment your Lordships will please to Order And that after a Twelvemonths close Imprisonment to a Man of my Age and Infirmities your Lordships will Pardon the folly and unadvisedness of any of my Words or Actions And as to my Second Petition I most humbly thank your Lordships for acquainting me with your Resolution and Declaration in the Point and though Liberty be in it self very desireable and as my Physitian a very Learned Man thought absolutely necessary to the preservation of my Life yet I do profess to your Lordships upon my Honour that I would have perish'd rather than have brought my Habeas Corpus had I then apprehended or been inform'd that it had been a breach of the Priviledge of this Honourable House it is my Duty it is my Interest to support your Priviledges I shall never oppose them My Lords I do fully acquiesce in the Resolution and Declaration of this Honourable House I go not about to justifie my self but cast my self at your Lordships feet acknowledge my Error and humbly begg your Pardon not only for having brought my Habeas Corpus but for all other my Words and Actions Then was one Blany called into the House who had delivered a Paper to the Lord Treasurer pretending to give an account of some words spoken by his Lordship in the Court of Kings-Bench when he moved to be bailed there But though this whole Transaction was no longer than since last Hillary Term yet Blany could not affirm that what was Written in the said Paper was really spoken by his Lordship so that the Treasurer not being able to to make any thing of Blanys Story which was an hard Case that so much pains should be taken to so little purpose the House of Lords proceeded to a Resolution in what form his Lordship should make his submission and acknowledgment which being drawn up imported much the same with which he had before Declared which being read to him by the Lord Chancellor his Lordship repeated the same at the Bar and than withdrew Whereupon the House ordered That the Lords with white sleeves should wait upon His Majesty and acquaint him the House had received satisfaction from his Lordship in the matter of the Habeas Corpus and the other Contempt for which he stood committed and were become humble Suters to His Majesty that he would be pleased to discharge him from his Imprisonment and that their Lordships acquaint the House with His Majesties Answer All which was done accordingly and the Lord Treasurer reported to the House That the Lords with white sleeves had waited upon His Majesty according to their Lordships Order And that His Majesty was pleased to make this Answer That he would give Order for his Lordships discharge which was accordingly performed and his Lordship by regaining his Liberty made more capable of serving His Majesty and the Protestant Religion against the dark and misterous designs which were then carrying on against both But although the Lords proceeded with so much rigure and severity against his Lordship who deserved to have been more kindly dealt withal by any who pretend to any Loyalty to their Prince since he made so considerable a Figure and had so great a share in the contriving and management of the happy Revolution in 1666. when they were in an unusual heat artificialy kindled and carefully blown into a Flame by some unseen hand who secretly manag'd the Bellows yet when that heat had spent it self and the House acted with more freedom and deliberation they acknowledge the wrong and injury done to his Lordship and the other Noblemen who were committed upon that account and to prevent that illegal preceeding from being made use of as a President in future times they damned the several
proceedings thereon by ordering the Commitment and all things that concerned that Affair to be expung'd and raz'd out of their Jornal Books that so if possible the very memory of them might be extinguished And thus this illusterous Peer did at length regain his Liberty although somewhat sooner perhaps than his Popish Enemies desired or expected he should but not without being severaly burlesqued by a second Advice to the Men of Shaftsbury Written by the Author of the former hoping by a frequent 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 Composition both of this and the former Advice was made up of nothing in the World but malice and revenge carefully infused into the mercinary wretch by the same aspring Favourite who had improved the Earls Application to the Court of Kings-Bench into a Crime and were inbibed by him with all imaginable 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 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 defaming 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 Soveraign 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 notwithstanding in the several Sessions of Parliament to procure the passing such wholsome Laws as might restrain Debauchery and secure us against the growing Designs of Rome and France which tended 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 Highness 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 Proviso 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 Government Massacre the Protestant Nobility and Gentry extirpate the Protestant Religion and introduce Popery into this Kingdom Having for that purpose maintained Correspondence with a Neighbouring Prince procured indulgences from Rome to dispence with their taking the Oaths of Supremacy and Allegiance together with all other Tests when it should be necessary for the management of their Affairs collected Mony appointed Officers delivered out Commissions 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 Traytors with an Hellish Impudence adventur'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 Nobility Gentry and Commonalty of England who had rendered themselves any way obnoxious by their endeavours to suppress Popery especially His Grace the Duke of Monmouth and the Earl of Shaftsbury Nor were their Designs discovered 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 the Almighty by whom and not by that Grand Impostâ—â— 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 despair 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 carrying 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 Religion endeavoured to the utmost of his power to have it narrowly enquired into and searched to the bottom that so the mischevious Consequences of it might be the better provided against and the King's Person and Government the Protestant 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 fuel to their malice and sharpened their desire of accomplishing his ruine Assuring themselves as the Lords in the Tower 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 before 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 Gentleman of the Horse to the Lord Arundel 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 prevent the severities which might be the 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 resolved on
cannot long continue in the English hands if some better care be not taken of it This is in your Power and there is not bing there but is under your Laws Therefore I beg that this Kingdom at least may be taken into consideration together with the State of England for I am sure there can be no safety here if these Doors are not shut up and made sure But His Majesty had another kind of esteem for his Lordship for not long after the making of this Speech having Dissolv'd His Privy Council and chosen a new one he was pleased to constitute the Earl President thereof a Place so considerable for Honour and Trust that it hath not been enjoyed by any Subject for many years and was improv'd by him as much to the advantage of His Majesty and the Protestant Interest as possible And when the Bill for excluding the Duke of York had passed the House of Commons as the only expedient they could find out to suppress the Designs of the Papists and prevent their ever introducing the Popish Religion into England they sent it up to the House of Lords where his Lordship was one of those Honourable Lords who Voted for its passing that House in order to its being offered to His Majesty for His Royal Assent The Grand Jury returned for the Hundred of Osalstone in the County of Middlesex in June the 2d 1680. finding the Constables defective in not presenting the Papists as they ought it was ordered they should make further presentments by the 16th of that Instant upon which day they met again to receive them when likewise a Bill against D. Y. for not coming to Church was brought before them together with the following Reasons for his being indicted subscribed by the persons undernam'd First Because the 25th Car. 2d when an Act was made to throw Popish Recusants out of all Offices and Places of Trust the Duke did then lay down several great Offices and Places as Lord High Admiral of England Generalissimo of all His Majesties Forces both by Land and Sea Governour of the Cinque Ports and divers others thereby to avoid the punishmant of that Law against Papists Secondly 30. Car. 2d when an Act was made to disable Papists to sit in either House of Parliament there was a Proviso incerted in that Act That it should not extend to D. Y. on purpose to save his right of sitting in the Lords House though he refused to take those Oaths which the Protestant Peers ought to do Thirdly That His Majesty in His Speech March 6th the 31st year of his Reign doth give for a Reason to the Parliament why he sent His Brother out of England Viz. Because he would leave no Man Room to say that he had not remov'd all Causes which might influence him to Popish Councils Fourthly That there hath been divers Letters read in both Houses of Parliament and at the secret Committee of both Houses from several Cardinals and others at Rome and also from other Popish Bishops and Agents of the Pope in other Forreign Parts which do apparently shew the great Correspondencies between him and the Pope and how the Pope could not choose but weep for joy at the reading of some of his Letters and what great satisfaction it was to the Pope to hear that he was advanced to the Catholick Religion as likewise that the Pope hath granted him Briefs sent him Beads and ample Indulgencies with much more to this purpose Fifthly The whole House of Commons hath Declared him to be a Papist in their Votes Sunday April 6th 1679. wherein they resolv'd nemine contradicente that the Duke of York's being a Papist and his hopes of coming such to the Crown had given the greatest countenance and encouragement to the present Conspiracy and Designs of the Papists against the King and the Protestant Religion Sixthly That besides all this Proof and much more to this purpose it is most notorious and evident he hath for many years absented from Protestant Churches during Religious Worship These are the Reasons why we believe him to be a Papist this was subscribed and delivered by his Lordship together with the Earl of Huntington and the Lords Grey of Wark Russel Cavendish Brandon and Wharton as also by Sir William Cowper Barronet Sir Gilbert Gerrard Barronet Sir Edward Hungerford Knight of the Bath Sir Scroop How Thomas Thinn Esq William Forrester Esq and John Trenchard Esq But whilst the Jury were in debate of the Matter they were sent for up by the Court of Kings-Bench and dismist so that nothing was done upon it more than the Juries having receieved the presentment Wherefore on Wednesday July the Thirtieth the former Lords Knights and Gentlemen with the addition of the Lord Clare Sir John Cope Barronet Sir Rowland Gwynne and Mr. Wandsford presented the same to a second Grand Jury who were discharged as the former But whilst his Lordship was thus vigorously prosecuting the Popish Plot in the face of danger the Papists were as vigilent in contriving his ruine though with somewhat more secrecy and silence resolving to seize the Prey before they gave the least Alarm or Notice of their intention as appear'd by their close Caballistical Designs carryed on against this Earl and all the rest of the Protestant Nobility and Gentry in England wherein Mr. Dangerfield was a considerable Agent having been for that purpose fetcht out of Newgate by the Papists who hoping to reap a vast advantage by having him to manage their Affairs willingly disburst a large sum to discharge his Debts The first sangunary work they imployed him in was to attempt the Murther of his Lordship promising him 500 pounds for so acceptable a service as they apprehended it to be he inquired the Reason why they thirsted after his Life and how there might be any probable way proposed whereby it might be accomplished to which it was answered That as to the first they should be glad to have him out of the way because if they were rid of him as they were of Sir Edmondbury Godfrey it would be no difficult thing to bear down all the rest of their Opposers As to the second They affirmed it to be as easie as desirable since said the Lord P s my Man Wood was at Thannet House two nights since upon pretence of an Errand but his business was to view the House and observe what conveniences there were to make his escape after the fact was done assuring him that Wood found the thing so feasable that after he came back he declar'd himself sorry that he was not provided to have done it then And to encourage him to undertake this sanguinary enterprise with the more chearfulness he gave him Ten Guinneys in hand as an assurance that the full reward should be paid so soon as the fatal stroak should be given Promising moreover that Mr. Regaut a Virginia Merchant of Mrs. Celliers acquaintance should come to him on Sunday following to instruct him in