An account of what past on Monday the 28th of October, 1689, in the House of Commons, and since at the King's-Bench-Bar at Westminster, in relation to the Earl of Castlemaine
         Castlemaine, Roger Palmer, Earl of, 1634-1705.
      
       
         
           1690
        
      
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             An account of what past on Monday the 28th of October, 1689, in the House of Commons, and since at the King's-Bench-Bar at Westminster, in relation to the Earl of Castlemaine
             Castlemaine, Roger Palmer, Earl of, 1634-1705.
             England and Wales. Court of King's Bench.
          
           [2], 17 p.
           
             Printed for Matthew Granger,
             London :
             1690.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Castlemaine, Roger Palmer, -- Earl of, 1634-1705 -- Trials, litigation, etc.
           Trials (Treason) -- England.
        
      
    
     
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           AN
           ACCOUNT
           OF
           What
           past
           on
           Monday
           the
           28
           th
           .
           of
           October
           ,
           1689.
           
           In
           the
           HOUSE
           of
           COMMONS
           ,
           And
           since
           at
           the
           King's-Bench-Bar
           at
           WESTMINSTER
           ,
           In
           Relation
           to
           the
           Earl
           of
           CASTLEMAINE
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Matthew
             Granger
          
           ,
           1690.
           
        
      
    
     
       
         
         
         
           AN
           ACCOUNT
           OF
           What
           past
           on
           Monday
           the
           28th
           .
           of
           October
           ,
           1689.
           in
           relation
           to
           the
           Earl
           of
           Castlemaine
           ,
           &c.
           
        
         
           THE
           
             Attorney
             General
          
           being
           (
           on
           Saturday
           the
           26
           th
           of
           October
           1689.
           )
           inform'd
           ,
           that
           the
           Earl
           of
           Castlemaine
           ,
           Sr.
           
             Edward
             Hales
          
           and
           other
           Prisoners
           of
           the
           Tower
           ,
           were
           brought
           by
           their
           
             Habeas
             Corpus
          
           to
           the
           Hall
           to
           be
           bail'd
           ,
           desir'd
           to
           know
           the
           Pleasure
           of
           the
           House
           in
           that
           Affair
           ;
           who
           order'd
           that
           they
           should
           presently
           be
           all
           sent
           for
           to
           their
           Bar
           ;
           which
           was
           done
           accordingly
           ;
           Only
           the
           said
           Earl
           was
           not
           there
           ;
           for
           he
           remain'd
           still
           in
           the
           Tower
           ,
           having
           (
           it
           seems
           )
           made
           use
           of
           no
           such
           Writ
           ;
           However
           the
           House
           directed
           the
           Governour
           to
           bring
           him
           up
           (
           as
           he
           did
           )
           the
           Monday
           following
           ;
           And
           then
           the
           Speaker
           said
           to
           this
           Effect
           .
        
         
           
             Mr.
             Speaker
             to
             my
             Lord.
             
          
           
             MY
             Lord
             ,
             the
             House
             having
             understood
             ,
             That
             You
             went
             Embassador
             to
             Rome
             ;
             and
             also
             took
             your
             place
             at
             the
             Board
             as
             a
             Privy
             Councellor
             
             without
             taking
             the
             Oaths
             (
             which
             are
             great
             Crimes
             ,
             and
             against
             Law.
             )
             They
             have
             sent
             for
             you
             to
             know
             what
             you
             have
             to
             say
             for
             your self
             .
          
        
         
           
             His
             Lordship's
             Answer
             .
          
           
             IT
             cannot
             (
             Mr.
             Speaker
             )
             but
             put
             me
             into
             more
             then
             an
             ordinary
             Confusion
             ,
             when
             I
             find
             my self
             in
             this
             place
             as
             a
             Criminal
             ;
             especially
             ,
             seeing
             (
             through
             the
             whole
             course
             of
             my
             Life
             )
             the
             Glory
             and
             Welfare
             of
             England
             has
             been
             my
             chief
             Aim
             and
             Endeavour
             .
             You
             are
             pleas'd
             Sir
             to
             lay
             so
             great
             a
             Charge
             upon
             me
             ,
             that
             (
             without
             shuffling
             or
             impertinence
             )
             I
             might
             ask
             time
             to
             consider
             it
             ;
             Yet
             since
             I
             well
             know
             how
             much
             you
             value
             your
             time
             ,
             and
             since
             time
             also
             may
             make
             what
             I
             say
             suspected
             more
             of
             Artifice
             then
             Candor
             ,
             I
             shall
             now
             (
             without
             further
             delay
             )
             let
             you
             and
             this
             great
             Assembly
             see
             (
             where
             so
             many
             of
             Birth
             and
             Quality
             are
             met
             )
             how
             far
             I
             am
             from
             deserving
             either
             censure
             or
             reproach
             .
             But
             (
             Mr.
             Speaker
             )
             before
             I
             go
             further
             ,
             I
             must
             humbly
             beg
             these
             few
             Favours
             of
             you
             .
             First
             ,
             that
             you
             would
             Pardon
             all
             Tautologies
             or
             want
             of
             Method
             ,
             as
             beginning
             perchance
             in
             the
             middle
             ,
             and
             ending
             again
             where
             I
             should
             have
             begun
             .
             Secondly
             ,
             That
             you
             would
             not
             take
             any
             advantage
             at
             my
             Answers
             ,
             for
             I
             shall
             be
             Ingenuous
             to
             the
             utmost
             ,
             and
             hesitate
             
             at
             nothing
             you
             shall
             ask
             .
             And
             Lastly
             ,
             if
             (
             through
             inadvertency
             or
             hast
             )
             I
             should
             say
             what
             might
             shock
             you
             ,
             that
             you
             would
             not
             stand
             upon
             the
             rigor
             of
             the
             Words
             ,
             but
             upon
             the
             sincerity
             and
             clearness
             of
             my
             Explanation
             .
          
           
             Be
             pleas'd
             then
             to
             know
             ,
             Sir
             ,
             I
             was
             so
             far
             from
             seeking
             this
             Employment
             ,
             that
             I
             did
             not
             so
             much
             as
             dream
             it
             was
             design'd
             me
             ;
             And
             when
             I
             knew
             it
             ,
             I
             us'd
             my
             utmost
             endeavour
             to
             avoid
             it
             .
             My
             ignorance
             of
             the
             Kings
             Intentions
             appears
             by
             this
             ,
             that
             (
             in
             the
             Year
             I
             went
             to
             Rome
             )
             returning
             out
             of
             the
             Country
             (
             according
             to
             my
             usual
             custom
             )
             after
             Michaelmas
             ,
             I
             found
             a
             Protestant
             ,
             a
             Person
             of
             Note
             at
             my
             House
             ,
             who
             told
             me
             ,
             that
             before
             I
             spoke
             with
             any
             Man
             ,
             he
             was
             to
             bring
             me
             to
             my
             Lord
             Sunderland
             ,
             and
             from
             thence
             I
             was
             to
             go
             to
             his
             Majesty
             ;
             Nor
             would
             he
             (
             scarce
             )
             afford
             me
             time
             to
             put
             my self
             in
             a
             tollerable
             order
             to
             attend
             them
             .
             My
             Lord
             Sunderland
             soon
             hinted
             to
             me
             ,
             what
             the
             Kings
             intentions
             were
             ;
             And
             when
             I
             recurr'd
             to
             his
             Friendship
             ,
             I
             had
             this
             Answer
             ,
             or
             Words
             to
             this
             purpose
             ;
             That
             if
             Subjects
             should
             refuse
             their
             Kings
             Service
             in
             every
             thing
             that
             was
             troublesom
             or
             Contre-Coeur
             ,
             all
             Kings
             would
             be
             in
             an
             ill
             Condition
             ;
             that
             my
             request
             was
             beyond
             his
             Power
             ;
             and
             that
             he
             believed
             I
             should
             find
             his
             Majesty
             very
             positive
             ;
             and
             so
             I
             did
             Mr.
             Speaker
             ,
             I
             'l
             assure
             you
             .
             Nay
             to
             satisfie
             you
             yet
             more
             fully
             of
             my
             backwardness
             to
             this
             Journey
             ;
             can
             you
             think
             ,
             Sir
             ,
             that
             I
             ,
             that
             had
             been
             at
             Rome
             more
             then
             once
             ;
             that
             had
             seen
             
             the
             Grandeur
             of
             so
             many
             Roman
             Embassies
             ;
             and
             knew
             they
             exceeded
             in
             Splendor
             and
             Expence
             three
             times
             those
             to
             any
             Crown'd
             Head
             whatsoever
             ,
             should
             not
             be
             extraordinarily
             concern'd
             at
             an
             Employment
             ,
             which
             had
             for
             its
             Subsistance
             (
             as
             the
             Lords
             of
             the
             Treasury
             well
             known
             )
             no
             other
             Establishment
             then
             that
             to
             Spain
             or
             France
             ,
             which
             (
             being
             100
             l.
             a
             week
             )
             amounts
             only
             to
             5200
             
               Pounds
               per.
               annum
            
             ?
          
           
             Having
             thus
             Sir
             ,
             shew'd
             you
             how
             little
             fond
             I
             was
             of
             the
             thing
             ,
             let
             me
             now
             (
             with
             Submission
             )
             ask
             you
             ,
             what
             could
             I
             otherwise
             do
             in
             my
             Circumstances
             ?
             For
             first
             I
             call
             all
             that
             's
             Good
             to
             witness
             ,
             I
             never
             heard
             of
             Law
             against
             it
             ,
             nor
             know
             of
             any
             to
             this
             very
             day
             ;
             And
             yet
             (
             on
             the
             other
             side
             )
             I
             was
             not
             only
             Commanded
             by
             the
             King
             ,
             but
             knew
             his
             Royal
             and
             Legal
             Power
             of
             Commanding
             the
             Service
             of
             his
             Subjects
             ,
             and
             most
             particularly
             in
             Embassies
             ,
             as
             appears
             by
             many
             old
             Examples
             ;
             Nay
             ,
             by
             a
             fatal
             one
             in
             this
             very
             Century
             ;
             I
             mean
             the
             Case
             of
             Overbury
             ,
             to
             which
             no
             body
             here
             (
             I
             'm
             sure
             )
             is
             a
             stranger
             .
             In
             the
             next
             place
             ,
             Sir
             ,
             what
             did
             I
             go
             to
             
               Rome
               for
            
             ?
             Why
             only
             with
             a
             Letter
             ;
             with
             a
             Complement
             from
             a
             profest
             and
             open
             Catholic
             King
             to
             his
             Holyness
             ,
             as
             all
             Princes
             of
             that
             Communion
             do
             in
             the
             beginning
             of
             their
             Respective
             Reigns
             .
             Besides
             Mr.
             Speaker
             ,
             as
             I
             know
             no
             Law
             ,
             that
             forbad
             my
             Obedience
             ,
             so
             I
             must
             needs
             say
             (
             and
             this
             without
             cramping
             or
             putting
             any
             Bounds
             to
             the
             Legislative
             Power
             )
             that
             no
             such
             Law
             can
             be
             made
             ;
             For
             Sir
             ,
             the
             Pope
             is
             a
             very
             considerable
             Temporal
             Prince
             ,
             whose
             Territories
             border
             on
             two
             Great
             Seas
             ,
             the
             Miditerranean
             and
             Adriatic
             ;
             If
             then
             our
             Merchants
             should
             be
             by
             storm
             or
             other
             necessities
             ,
             
             driven
             into
             his
             Ports
             ;
             if
             English-men
             should
             be
             surpriz'd
             by
             any
             Roman
             Party
             as
             they
             travel
             in
             a
             Neighbouring
             Country
             ,
             shall
             our
             Government
             (
             not
             to
             mention
             a
             hundred
             other
             greater
             accidents
             )
             want
             Power
             to
             send
             a
             Messenger
             to
             Ransom
             and
             Compound
             for
             them
             ?
             What
             Law
             therefore
             was
             there
             ever
             yet
             fram'd
             ,
             or
             can
             be
             enacted
             (
             let
             the
             Commerce
             or
             Intercourse
             between
             Nations
             be
             never
             so
             much
             broken
             and
             prohibited
             )
             but
             that
             a
             Commander
             in
             Chief
             ,
             a
             General
             ,
             and
             much
             more
             a
             King
             ,
             may
             beat
             a
             Parley
             ,
             dispatch
             a
             Trumpet
             ,
             nay
             ,
             send
             and
             receive
             Letters
             as
             often
             as
             occasion
             does
             require
             ?
          
           
             Now
             (
             Mr.
             Speaker
             )
             for
             Religion
             ,
             I
             neither
             had
             any
             Commission
             concerning
             it
             ,
             nor
             Transacted
             with
             his
             Holyness
             about
             it
             ;
             And
             as
             no
             body
             ever
             did
             ,
             or
             could
             lay
             any
             thing
             of
             that
             nature
             to
             my
             charge
             ,
             so
             for
             some
             confirmation
             of
             it
             ,
             I
             will
             appeal
             even
             to
             the
             
               Aqua
               fresca
            
             Houses
             of
             Rome
             ,
             and
             to
             all
             the
             Protestant
             Gentlemen
             of
             our
             Nation
             there
             during
             my
             Embassie
             ;
             for
             though
             what
             I
             tell
             you
             ,
             Sir
             ,
             be
             a
             Wonder
             ,
             yet
             the
             Honourable
             Persons
             ,
             who
             have
             resided
             in
             those
             parts
             ,
             know
             it
             to
             be
             true
             ,
             that
             for
             a
             Dish
             of
             Chocolate
             or
             a
             Dish
             of
             Limonade
             ,
             one
             may
             know
             the
             measures
             and
             particulars
             of
             an
             Embassy
             in
             that
             City
             ,
             as
             well
             as
             we
             do
             what
             passes
             within
             these
             Walls
             at
             our
             Coffee-houses
             .
             I
             am
             sure
             my
             under
             Servants
             have
             often
             smil'd
             at
             the
             Grimaces
             and
             Mysteries
             which
             my
             Secretaires
             us'd
             in
             the
             beginning
             to
             make
             before
             my
             Audiences
             ;
             for
             they
             have
             told
             them
             (
             within
             few
             hours
             after
             my
             return
             )
             almost
             Word
             by
             Word
             what
             had
             pass'd
             .
             Give
             me
             also
             leave
             ,
             Sir
             ,
             to
             add
             one
             truth
             more
             ,
             which
             will
             assure
             you
             that
             I
             had
             no
             dangerous
             intreague
             in
             hand
             ;
             
             and
             this
             is
             ,
             that
             notwithstanding
             his
             Holyness
             never
             had
             the
             least
             imagination
             or
             thought
             ,
             but
             that
             I
             was
             as
             real
             and
             sincere
             a
             Catholic
             as
             any
             Man
             living
             ;
             and
             the
             same
             thing
             also
             I
             can
             say
             of
             all
             the
             Cardinals
             ;
             and
             in
             fine
             ,
             of
             the
             whole
             Court
             in
             general
             ;
             Yet
             none
             of
             them
             (
             and
             every
             English-man
             in
             Town
             knew
             it
             )
             but
             look't
             upon
             me
             as
             one
             ,
             that
             if
             any
             Immunity
             of
             the
             Crown
             were
             in
             question
             ,
             or
             any
             Temporal
             Concern
             of
             the
             Kingdom
             touch't
             ,
             would
             stand
             as
             much
             in
             the
             Gap
             ,
             and
             be
             in
             as
             Diametrical
             an
             opposition
             ,
             as
             any
             Person
             of
             the
             
               Reform'd
               Religion
            
             whatsoever
             .
          
           
             You
             see
             then
             Sir
             ,
             both
             how
             ,
             and
             why
             I
             went
             ;
             nor
             have
             I
             done
             any
             thing
             certainly
             to
             merit
             any
             Man's
             unkindness
             or
             ill-will
             ;
             nay
             ,
             to
             lay
             yet
             further
             before
             you
             the
             hardship
             I
             am
             under
             ,
             I
             shall
             state
             you
             a
             Case
             ,
             not
             fetch
             't
             out
             of
             old
             forgotten
             Records
             ,
             or
             Transacted
             in
             an
             Age
             disparate
             from
             ours
             ,
             but
             of
             a
             Man
             attainted
             in
             this
             very
             House
             ,
             in
             the
             memory
             of
             several
             now
             sitting
             ,
             and
             even
             whil'st
             I
             my self
             had
             the
             Honour
             to
             be
             a
             Member
             of
             it
             .
             The
             Case
             Mr.
             Speaker
             is
             Axtels
             the
             Regicide
             ;
             one
             whose
             Crime
             (
             I
             dare
             say
             )
             my
             greatest
             Enemies
             think
             I
             abhor
             in
             the
             highest
             manner
             ;
             nor
             do
             I
             mention
             the
             thing
             in
             favour
             of
             the
             Criminal
             ,
             but
             in
             Honour
             of
             his
             grave
             and
             worthy
             Judges
             .
             Axtell
             you
             know
             (
             Mr.
             Speaker
             )
             was
             Indicted
             for
             the
             Murther
             of
             Charles
             the
             First
             ;
             And
             to
             shew
             that
             he
             maliciously
             contriv'd
             and
             abetted
             it
             ,
             the
             Kings
             Counsel
             urg'd
             his
             Commanding
             in
             the
             Hall
             at
             the
             Tryal
             ;
             his
             placing
             the
             Sentinels
             all
             about
             ;
             And
             in
             short
             ,
             his
             performing
             there
             the
             whole
             Office
             of
             Captain
             of
             the
             Guard.
             The
             Prisoner
             answer'd
             ;
             but
             pray
             ,
             Mr.
             Speaker
             ,
             let
             me
             beg
             Pardon
             ,
             if
             the
             Interval
             of
             almost
             Thirty
             Years
             has
             made
             me
             forget
             his
             Words
             ,
             I
             
             am
             sure
             the
             sense
             of
             them
             I
             have
             not
             ;
             I
             say
             ,
             Sir
             ,
             the
             Prisoner
             answer'd
             ;
             
               My
               Lords
               I
               am
               under
               great
               oppression
               ,
               I
               am
               hardly
               dealt
               with
               .
               Has
            
             Charles
             the
             Second
             
               been
               so
               Gracious
               as
               to
               pass
               over
               the
               ordinary
               transgressions
               of
               his
               stray'd
               Subjects
               ,
               and
               to
               look
               upon
               the
               Obedience
               of
               Souldiers
               to
               their
               then
               Superiors
               ,
               as
               if
               the
               Authority
               had
               been
               more
               Legal
               ?
               And
               shall
               I
               now
               dye
               (
               who
               was
               under
               Military
               Discipline
               )
               for
               that
               ,
               which
               I
               must
               have
               presently
               died
               for
               ,
               had
               I
               not
               done
               it
            
             ;
             to
             wit
             ,
             
               had
               I
               not
               drawn
               up
               my
               Regiment
               ,
               kept
               the
               Post
               order'd
               me
               ,
               and
               perform'd
               the
               other
               duties
               ,
               the
               Concourse
               being
               great
               and
               troublesom
               ?
            
             Upon
             this
             the
             Judge
             reply'd
             ;
             I
             confess
             (
             considering
             the
             Kings
             merciful
             Resolutions
             )
             that
             your
             Argument
             is
             strong
             ;
             it
             has
             great
             weight
             in
             it
             ;
             But
             Mr.
             Axtell
             ,
             did
             you
             do
             no
             more
             ?
             Did
             you
             only
             perform
             the
             Duty
             of
             a
             Commanded
             Souldier
             ?
             Who
             was
             it
             (
             I
             pray
             )
             that
             animated
             the
             Rabble
             ?
             Who
             beat
             the
             Souldiers
             for
             not
             crying
             Justice
             ?
             Who
             encourag'd
             spitting
             in
             the
             Kings
             Face
             ?
             And
             who
             barbarously
             revil'd
             and
             threatned
             a
             Noble
             Lady
             ,
             that
             in
             the
             transports
             of
             her
             zeal
             (
             when
             she
             saw
             her
             Sovereign
             abus'd
             ,
             when
             she
             heard
             such
             Blasphemy
             against
             him
             ,
             and
             all
             this
             Father'd
             upon
             the
             Nation
             )
             made
             a
             noise
             or
             stir
             in
             the
             Court
             ?
             These
             things
             therefore
             Sir
             ,
             being
             prov'd
             against
             him
             ;
             He
             was
             convicted
             ,
             condemn'd
             ,
             and
             so
             paid
             a
             Debt
             to
             Justice
             ,
             and
             to
             the
             Sacred
             Ashes
             of
             that
             great
             and
             just
             Man.
             
          
           
             Now
             Mr.
             Speaker
             to
             application
             ;
             And
             first
             (
             after
             a
             little
             glance
             on
             the
             tenderness
             of
             these
             Judges
             ,
             when
             any
             necessity
             could
             be
             pretended
             )
             let
             me
             with
             your
             Pardon
             ask
             you
             ,
             shall
             I
             suffer
             as
             a
             Transgressor
             of
             the
             Law
             ,
             were
             there
             any
             ,
             when
             I
             must
             have
             suffer'd
             
             by
             the
             Law
             ,
             had
             I
             refus'd
             his
             Majesties
             Orders
             and
             Commands
             ?
             But
             Sir
             ,
             if
             you
             demand
             ,
             did
             I
             do
             no
             more
             then
             carry
             a
             Letter
             ,
             or
             go
             with
             a
             Ceremonious
             
               how
               d'
               ye
            
             from
             the
             King
             ?
             I
             must
             answer
             yes
             ,
             and
             a
             great
             deal
             more
             too
             .
             For
             my
             House
             was
             an
             Asylum
             ,
             a
             Place
             of
             Refuge
             to
             all
             distress't
             or
             oppress
             't
             fellow
             Subjects
             .
             If
             Seamen
             mutiny'd
             or
             had
             any
             contest
             with
             their
             Captains
             ,
             here
             a
             Reconciliation
             was
             made
             ,
             and
             here
             they
             return'd
             to
             their
             Obedience
             ,
             if
             the
             Captains
             themselves
             (
             fraughted
             for
             the
             Camera
             )
             were
             delay'd
             their
             Money
             ,
             or
             misus'd
             by
             under
             Officers
             ,
             they
             quickly
             found
             Redress
             ,
             and
             often
             (
             by
             my
             interest
             )
             receiv'd
             more
             then
             they
             themselves
             expected
             ;
             And
             if
             the
             question
             happened
             about
             quantity
             ,
             or
             how
             Goods
             were
             condition'd
             at
             delivery
             ,
             the
             Verdict
             I
             am
             sure
             went
             still
             on
             their
             side
             .
             Nor
             was
             my
             care
             confin'd
             to
             Rome
             only
             ,
             but
             reach't
             to
             all
             the
             Factories
             of
             Italy
             :
             For
             the
             Consuls
             themselves
             ,
             nay
             every
             private
             Person
             found
             both
             an
             easie
             access
             to
             me
             ,
             and
             an
             indefatigable
             Zeal
             in
             their
             concerns
             ;
             so
             that
             the
             Merchants
             in
             General
             that
             had
             to
             do
             in
             those
             Parts
             ,
             were
             far
             from
             being
             behind
             hand
             in
             their
             thankful
             acknowledgments
             .
             Nay
             one
             of
             the
             greatest
             Companies
             of
             our
             Nation
             ,
             I
             mean
             that
             for
             Turkey
             ,
             not
             only
             return'd
             me
             their
             thanks
             very
             heartily
             by
             Letter
             ,
             but
             did
             it
             again
             by
             Word
             of
             Mouth
             after
             my
             Arrival
             home
             .
          
           
             I
             am
             sure
             (
             Mr.
             Speaker
             )
             if
             the
             Employment
             I
             submitted
             to
             were
             a
             fault
             ,
             I
             have
             already
             not
             a
             little
             suffer'd
             for
             it
             ;
             for
             I
             never
             put
             bounds
             (
             as
             our
             Travellers
             ,
             as
             well
             as
             my
             own
             Officers
             fully
             know
             )
             to
             any
             Expence
             that
             could
             be
             imagin'd
             for
             the
             Dignity
             of
             
             the
             Nation
             ;
             And
             give
             me
             leave
             to
             tell
             you
             also
             Sir
             ,
             that
             though
             the
             Name
             of
             Rome
             may
             be
             harsh
             and
             ungreatful
             to
             your
             Ears
             ,
             yet
             what
             I
             did
             ,
             was
             with
             a
             good
             intention
             ,
             and
             like
             a
             true
             and
             faithful
             English-man
             .
             For
             had
             I
             been
             sent
             with
             a
             Character
             to
             Constantinople
             ,
             where
             they
             are
             Mahometans
             ;
             or
             to
             China
             ,
             where
             Gentiles
             ;
             the
             Eclat
             or
             Figure
             which
             I
             should
             have
             endeavour'd
             to
             make
             ,
             would
             never
             be
             consider'd
             by
             you
             as
             an
             Honour
             to
             their
             Religion
             ,
             but
             our
             Country
             ;
             therefore
             since
             it
             is
             a
             Disparagement
             and
             great
             Reflection
             to
             a
             Kingdom
             ,
             to
             come
             below
             or
             short
             of
             others
             in
             any
             thing
             that
             is
             public
             and
             of
             note
             ,
             I
             cannot
             but
             have
             (
             at
             least
             )
             faint
             hopes
             ,
             that
             you
             will
             have
             some
             consideration
             ,
             some
             opinion
             of
             an
             Embassador
             (
             though
             at
             Rome
             )
             that
             kept
             up
             (
             to
             his
             Power
             )
             the
             Glory
             and
             Grandeur
             of
             England
             .
          
           
             But
             Mr.
             Speaker
             ,
             not
             to
             trouble
             you
             longer
             on
             the
             present
             Head
             ,
             I
             'le
             end
             when
             I
             have
             told
             you
             this
             ;
             That
             if
             I
             have
             done
             amiss
             in
             obeying
             the
             King's
             Commands
             ,
             no
             Consul
             that
             has
             pursu'd
             Pirate
             or
             Bandite
             to
             Rome
             ;
             No
             private
             Factor
             that
             has
             follow'd
             a
             Debter
             thither
             ;
             Nor
             in
             short
             any
             Man
             that
             has
             Written
             so
             much
             as
             one
             Letter
             to
             that
             City
             ,
             though
             it
             were
             to
             demand
             his
             own
             ,
             but
             is
             a
             far
             greater
             Criminal
             then
             my self
             ,
             and
             lyes
             at
             the
             mercy
             of
             every
             Enemy
             to
             be
             Indicted
             as
             a
             Contemner
             and
             Breaker
             of
             the
             Laws
             .
          
           
             Your
             second
             Charge
             Mr.
             Speaker
             ,
             is
             my
             being
             a
             
               Privy
               Counsellour
            
             ,
             without
             taking
             the
             appointed
             Oaths
             ;
             To
             which
             I
             can
             truly
             say
             ,
             they
             were
             never
             offer'd
             me
             ;
             though
             I
             must
             also
             confess
             (
             for
             I
             shall
             be
             sincere
             with
             you
             in
             every
             thing
             )
             that
             I
             believe
             ,
             nay
             that
             I
             am
             certain
             ,
             I
             should
             not
             have
             taken
             them
             ,
             had
             
             they
             been
             offer'd
             ;
             So
             that
             I
             do
             acknowledge
             the
             Omission
             a
             fault
             against
             Law
             —
          
           
             
               Here
               the
               Speaker
               thinking
               that
               his
               Lordship
               had
               made
               an
               End
               ,
               desir'd
               him
               to
               withdraw
               ;
               but
               being
               inform'd
               that
               he
               had
               not
               done
               ;
               He
               excus'd
               the
               Interruption
               ,
               and
               then
               his
               Lordship
               went
               on
               .
            
          
           
             I
             say
             (
             Mr.
             Speaker
             )
             I
             acknowledge
             this
             a
             fault
             against
             Law
             ,
             were
             there
             not
             several
             things
             of
             weight
             ,
             that
             will
             (
             I
             hope
             )
             justify
             me
             to
             you
             ;
             And
             here
             ,
             Sir
             ,
             I
             must
             entreat
             you
             ,
             not
             to
             conceive
             that
             I
             come
             now
             to
             defend
             or
             make
             good
             the
             
               Dispensing
               Power
            
             ,
             but
             only
             to
             shew
             you
             how
             necessarily
             I
             was
             driven
             and
             induc't
             to
             the
             aforesaid
             Omission
             ;
             for
             (
             Mr.
             Speaker
             )
             in
             controversies
             and
             disputes
             ,
             what
             can
             one
             doe
             ,
             but
             recur
             either
             to
             his
             own
             Observation
             ,
             or
             to
             the
             opinion
             of
             learn'd
             Men
             ,
             and
             Professors
             in
             the
             Science
             ?
          
           
             In
             the
             first
             place
             then
             ,
             when
             I
             began
             to
             examine
             my self
             as
             to
             the
             Right
             the
             King
             claim'd
             and
             asserted
             ;
             I
             saw
             
               Non
               obstantes
            
             deem'd
             Legal
             ,
             which
             signified
             to
             me
             Dispensing
             ;
             I
             found
             the
             Power
             of
             continuing
             Sheriffs
             own'd
             for
             many
             Ages
             to
             be
             undoubted
             Law
             ,
             and
             yet
             I
             knew
             there
             was
             a
             positive
             Statute
             against
             it
             ;
             Nay
             I
             remember'd
             an
             Act
             ,
             which
             I
             my self
             had
             in
             this
             House
             given
             my
             Vote
             and
             Consent
             to
             ,
             viz.
             That
             about
             
               the
               Regulation
               of
               Carriages
               and
               Waggons
            
             ;
             Or
             if
             this
             be
             not
             the
             exact
             Title
             ,
             I
             must
             beseech
             you
             to
             Pardon
             my
             Treacherous
             Memory
             ,
             and
             't
             is
             I
             'le
             assure
             you
             the
             only
             Traytor
             I
             ever
             yet
             succoured
             or
             supported
             ;
             I
             say
             Sir
             ,
             I
             remember'd
             this
             very
             Act
             (
             almost
             as
             soon
             as
             made
             )
             suspended
             by
             Charles
             the
             2
             d's
             .
             Proclamation
             without
             the
             least
             Question
             
             or
             Murmur
             ;
             and
             I
             took
             so
             much
             notice
             of
             it
             ,
             as
             to
             make
             even
             then
             this
             Reflection
             (
             and
             I
             do
             assure
             you
             upon
             my
             Honour
             't
             is
             true
             )
             That
             though
             our
             Monarchs
             could
             not
             impose
             and
             
               abrogate
               Laws
            
             o
             themselves
             ,
             yet
             they
             had
             the
             Power
             (
             I
             perceiv'd
             )
             to
             respite
             them
             .
          
           
             In
             the
             second
             place
             (
             Mr.
             Speaker
             )
             if
             I
             went
             abroad
             ;
             I
             mean
             if
             I
             consulted
             the
             Thoughts
             and
             Sentiments
             of
             others
             ,
             I
             found
             not
             only
             Great
             Men
             of
             the
             long
             Robe
             ,
             but
             the
             Judges
             also
             themselves
             declaring
             in
             favour
             of
             this
             Prerogative
             ;
             And
             the
             interpretation
             or
             determination
             of
             these
             Sages
             was
             always
             told
             me
             to
             be
             Law
             ,
             till
             a
             new
             Law
             or
             a
             new
             Explanation
             should
             be
             enacted
             .
             What
             would
             you
             then
             (
             Mr.
             Speaker
             )
             have
             me
             to
             do
             ,
             who
             was
             call'd
             to
             the
             Board
             by
             the
             King
             ;
             who
             could
             not
             in
             Conscience
             take
             the
             Oaths
             ;
             and
             yet
             had
             no
             reason
             to
             think
             I
             committed
             (
             in
             not
             taking
             them
             )
             a
             Crime
             ;
             seeing
             the
             Law
             was
             thus
             openly
             expounded
             and
             publisht
             ?
          
           
             And
             now
             Sir
             ,
             since
             I
             have
             been
             forc't
             to
             mention
             my
             Religion
             ,
             which
             I
             know
             is
             a
             legal
             Fault
             ,
             and
             of
             a
             high
             Nature
             ;
             I
             must
             not
             forget
             also
             to
             celebrate
             the
             Goodness
             of
             this
             House
             ,
             which
             has
             pardon'd
             the
             Fault
             ,
             even
             in
             the
             solemnest
             Way
             ,
             and
             by
             the
             solemnest
             Act
             that
             ever
             past
             since
             
               Magna
               Charta
            
             ;
             to
             wit
             ,
             
               The
               great
               Act
               of
               Oblivion
            
             .
             Give
             me
             leave
             Sir
             ,
             to
             say
             this
             too
             ,
             for
             I
             can
             justly
             do
             it
             ;
             That
             being
             so
             faithful
             and
             so
             true
             an
             Englishman
             ,
             I
             neither
             should
             nor
             could
             (
             I
             am
             sure
             )
             have
             ever
             ,
             during
             my
             Life
             ,
             offended
             my
             Country
             ,
             but
             in
             my
             Religion
             .
             Pardon
             also
             I
             humbly
             beseech
             you
             this
             digression
             ,
             and
             together
             with
             it
             the
             Incoherences
             and
             Disjunctions
             all
             along
             ;
             Nor
             shall
             I
             any
             ways
             doubt
             of
             it
             ,
             since
             
             you
             so
             well
             know
             how
             uneasy
             and
             troublesome
             a
             long
             discourse
             (
             which
             my
             Circumstances
             have
             now
             required
             )
             must
             needs
             be
             to
             one
             ,
             that
             wants
             both
             Eloquence
             and
             Practice
             .
          
           
             But
             (
             Mr.
             Speaker
             )
             to
             return
             where
             I
             left
             ,
             and
             so
             conclude
             ;
             How
             Sir
             ,
             I
             pray
             you
             (
             and
             I
             demand
             it
             again
             of
             you
             with
             great
             respect
             )
             could
             I
             think
             the
             Omission
             (
             as
             I
             said
             )
             of
             the
             Oaths
             a
             breach
             of
             the
             Laws
             ,
             when
             our
             Guides
             ,
             who
             had
             the
             Laws
             in
             their
             keeping
             ,
             told
             us
             explicitely
             ,
             and
             without
             reserve
             the
             said
             Oaths
             were
             not
             necessary
             ?
             Shall
             I
             then
             suffer
             that
             had
             neither
             Buoy
             nor
             Mark
             to
             direct
             me
             ?
             certainly
             no
             ;
             for
             if
             there
             were
             a
             fault
             ,
             't
             is
             not
             I
             must
             suffer
             ,
             but
             the
             Judges
             ,
             and
             those
             knowing
             and
             deputed
             Pilots
             ,
             that
             hung
             out
             (
             it
             seems
             )
             the
             wrong
             Flag
             and
             Signal
             .
             I
             have
             Sir
             ,
             but
             one
             Word
             more
             to
             trouble
             you
             with
             ,
             and
             this
             I
             speak
             in
             behalf
             of
             all
             here
             ;
             Nay
             in
             behalf
             of
             all
             the
             People
             of
             England
             ;
             That
             if
             I
             now
             undergo
             your
             Severity
             ,
             and
             that
             single
             Persons
             (
             notwithstanding
             the
             Determinations
             and
             Judgments
             of
             our
             Courts
             of
             Justice
             )
             must
             be
             still
             responsible
             ;
             No
             Man
             can
             be
             safe
             ,
             no
             Man
             can
             be
             rest
             ;
             for
             no
             body
             that
             acts
             can
             know
             (
             as
             accidents
             will
             often
             happen
             )
             whether
             he
             be
             Innocent
             or
             Guilty
             .
          
           
             Mr.
             Speaker
             ,
             I
             am
             in
             great
             disorder
             for
             imposing
             thus
             on
             your
             Patience
             ;
             and
             especially
             seeing
             I
             must
             yet
             presume
             to
             do
             it
             ,
             one
             thing
             more
             occurring
             to
             me
             (
             as
             I
             hope
             )
             for
             your
             further
             Service
             ,
             or
             at
             least
             Satisfaction
             ;
             And
             't
             is
             to
             let
             you
             know
             how
             I
             came
             to
             be
             a
             Prisoner
             ,
             and
             why
             I
             continued
             so
             thus
             long
             .
             Be
             pleas'd
             then
             Sir
             ,
             that
             I
             tell
             you
             ,
             that
             as
             soon
             as
             the
             King
             first
             left
             White-Hall
             ,
             I
             thought
             it
             decency
             
             to
             go
             out
             of
             Town
             ;
             and
             therefore
             three
             days
             after
             I
             took
             Coach
             for
             Montgomery-shire
             ,
             where
             of
             late
             I
             us'd
             to
             reside
             in
             the
             Summer
             time
             .
             On
             the
             Borders
             of
             that
             Country
             ,
             at
             a
             small
             Corporation
             called
             Oswestree
             ,
             I
             was
             first
             stopt
             by
             the
             Rabble
             ,
             and
             afterwards
             detain'd
             (
             with
             a
             strong
             Guard
             )
             at
             my
             Inn
             by
             the
             Major
             ;
             though
             no
             body
             (
             as
             he
             confest
             )
             made
             any
             Oath
             against
             me
             ;
             and
             tho
             he
             had
             no
             orders
             (
             as
             he
             said
             )
             from
             London
             for
             it
             ;
             Nay
             (
             after
             a
             Months
             restraint
             )
             he
             deny'd
             me
             my
             Liberty
             upon
             Bail
             notwithstanding
             two
             Neighbouring
             Lawyers
             (
             whom
             I
             sent
             for
             )
             assur'd
             him
             he
             could
             not
             justify
             the
             refusal
             by
             Law.
             I
             do
             not
             Sir
             ,
             complain
             of
             any
             Incivility
             ,
             either
             from
             him
             or
             the
             People
             ;
             for
             I
             was
             us'd
             with
             respect
             enough
             ;
             But
             I
             judge
             it
             extreamly
             fit
             to
             let
             you
             see
             how
             the
             Liberty
             of
             a
             Subject
             was
             willfully
             invaded
             by
             a
             Magistrate
             ,
             and
             how
             little
             conscious
             I
             was
             of
             any
             Guilt
             ,
             since
             instead
             of
             flying
             ,
             I
             went
             to
             a
             place
             where
             I
             was
             known
             by
             every
             body
             .
          
           
             In
             fine
             Mr.
             Speaker
             ,
             after
             a
             confinement
             of
             Seven
             Weeks
             ,
             I
             was
             sent
             for
             up
             ,
             and
             brought
             hither
             by
             a
             Party
             of
             Horse
             ;
             Nor
             was
             I
             ever
             question'd
             or
             examin'd
             by
             any
             body
             ,
             but
             kept
             (
             upon
             the
             suspension
             of
             the
             
               Habeas
               Corpus
            
             Act
             )
             at
             a
             Messengers
             House
             for
             Three
             Months
             ;
             And
             when
             the
             said
             Act
             was
             suspended
             the
             last
             time
             ,
             I
             was
             Committed
             (
             by
             my
             Lord
             Shrewsberry's
             Warrant
             )
             to
             the
             Tower
             ,
             
               for
               Suspicion
               of
               treasonable
               Practices
            
             .
          
           
             His
             Lordship
             having
             ended
             ,
             retir'd
             with
             the
             Serjant
             at
             Arms
             to
             his
             Room
             ,
             where
             after
             a
             little
             stay
             ,
             he
             was
             sent
             for
             in
             again
             ;
             And
             then
             the
             Speaker
             told
             him
             ;
             That
             since
             he
             said
             his
             Journey
             to
             Rome
             was
             with
             a
             Letter
             of
             Civility
             to
             a
             Temporal
             Prince
             ,
             and
             not
             
             about
             Religion
             ,
             The
             House
             (
             to
             be
             more
             fully
             satisfied
             of
             it
             )
             desir'd
             to
             see
             his
             Instructions
             .
             To
             which
             his
             Lordship
             thus
             answer'd
             .
          
           
             I
             hope
             (
             Mr.
             Speaker
             )
             though
             I
             shall
             readily
             acknowledge
             my
             own
             natural
             Weakness
             ,
             you
             will
             not
             yet
             think
             me
             so
             imprudent
             ,
             as
             that
             (
             in
             a
             time
             of
             such
             troubles
             and
             distraction
             )
             I
             would
             keep
             Papers
             by
             me
             ,
             and
             especially
             about
             Rome
             ,
             to
             render
             my self
             lyable
             to
             every
             malicious
             Man's
             Extravagancy
             and
             Comment
             .
             This
             therefore
             caus'd
             me
             Sir
             (
             the
             Night
             before
             I
             went
             towards
             Wales
             )
             to
             burn
             all
             Papers
             that
             came
             to
             hand
             ;
             and
             truly
             some
             amongst
             the
             rest
             ,
             that
             I
             have
             since
             wanted
             ;
             Nay
             this
             I
             can
             also
             justly
             aver
             ,
             that
             I
             remember
             not
             now
             one
             Word
             of
             those
             Instructions
             ,
             having
             (
             I
             'm
             confident
             )
             never
             read
             them
             twice
             ;
             only
             this
             I
             remember
             ,
             they
             were
             Things
             of
             Course
             ;
             Words
             of
             Form
             ;
             and
             needed
             no
             further
             consideration
             .
             Yet
             Sir
             ,
             that
             you
             may
             plainly
             see
             my
             Sincerity
             ,
             and
             how
             far
             I
             am
             from
             any
             design
             of
             illuding
             and
             deceiving
             you
             ,
             I
             shall
             shew
             you
             how
             you
             mayretrieve
             them
             ,
             when
             I
             tell
             you
             ,
             that
             Mr.
             Monstevens
             brought
             them
             me
             ,
             and
             that
             they
             were
             drawn
             (
             as
             I
             take
             it
             )
             by
             Mr.
             Bridgman
             ;
             For
             I
             'm
             certain
             they
             came
             from
             my
             Lord
             
             Sunderland's
             Office.
             
          
           
             But
             my
             Lord
             (
             reply'd
             the
             Speaker
             )
             had
             you
             no
             private
             Instructions
             ?
             None
             ;
             Answered
             his
             Lordship
             .
             What
             none
             at
             all
             ,
             said
             Mr.
             Speaker
             again
             .
             None
             I
             'le
             assure
             you
             Sir
             ,
             reply'd
             his
             Lordship
             ;
             unless
             the
             Kings
             Orders
             ,
             to
             demand
             a
             Cardinals
             Cap
             for
             Prince
             Reinaldo
             of
             Este
             ,
             were
             private
             instructions
             ;
             Nor
             do
             I
             certainly
             know
             ,
             whether
             those
             Commands
             were
             in
             
             my
             foremention'd
             Instructions
             ,
             or
             whether
             I
             had
             them
             by
             Word
             of
             Mouth
             .
          
           
             My
             Lord
             ,
             said
             the
             Speaker
             ,
             I
             have
             another
             question
             to
             ask
             you
             ;
             to
             wit
             ,
             who
             of
             the
             long
             Robe
             told
             you
             of
             the
             Kings
             Power
             of
             Dispensing
             ,
             and
             that
             there
             was
             no
             necessity
             of
             taking
             the
             Oaths
             ?
          
           
             I
             am
             Sir
             (
             answer'd
             his
             Lordship
             )
             infinitely
             troubled
             ,
             if
             I
             have
             through
             want
             of
             Care
             ,
             or
             by
             any
             improper
             Expression
             given
             you
             occasion
             to
             misapprehend
             me
             ;
             For
             I
             never
             askt
             any
             particular
             Man
             of
             that
             Profession
             about
             this
             Affair
             ;
             But
             my
             meaning
             was
             (
             and
             I
             hope
             my
             words
             are
             not
             contrary
             to
             my
             meaning
             )
             that
             the
             said
             Power
             was
             manifestly
             and
             openly
             declar'd
             to
             be
             Law
             by
             Judges
             and
             Lawyers
             ;
             So
             that
             I
             deem'd
             it
             no
             Solecism
             in
             Discourse
             to
             mention
             it
             as
             if
             they
             themselves
             had
             told
             it
             me
             .
          
           
             
               Then
               his
               Lordship
               retir'd
               again
               ,
               and
               after
               a
               long
               Debate
               ,
               the
               House
               past
               this
               Order
               .
            
             That
             the
             Earl
             of
             Castlemaine
             stand
             committed
             to
             the
             Tower
             by
             a
             Warrant
             from
             this
             House
             for
             High
             Treason
             ,
             for
             endeavouring
             to
             reconcile
             this
             Kingdom
             to
             the
             See
             of
             Rome
             ,
             and
             for
             other
             High
             Crimes
             and
             Misdemeanors
             .
          
           
             As
             soon
             as
             his
             Lordship
             was
             inform'd
             of
             this
             Vote
             ,
             he
             entreated
             a
             Member
             to
             let
             the
             House
             know
             ,
             that
             he
             had
             a
             Word
             or
             two
             more
             to
             trouble
             them
             with
             ;
             So
             that
             being
             brought
             in
             ,
             the
             Speaker
             told
             him
             ,
             that
             the
             House
             having
             notice
             (
             he
             had
             something
             further
             to
             acquaint
             them
             with
             )
             was
             very
             willing
             to
             hear
             him
             .
          
           
             Mr.
             Speaker
             (
             reply'd
             his
             Lordship
             )
             I
             have
             nothing
             more
             to
             say
             about
             the
             former
             Matters
             ;
             but
             understanding
             your
             Pleasure
             ,
             I
             thought
             it
             my
             Duty
             to
             
             let
             you
             know
             ,
             how
             the
             custom
             of
             the
             Tower
             as
             to
             Prisoners
             is
             chang'd
             ;
             for
             in
             course
             heretofore
             (
             unless
             there
             were
             a
             particular
             Order
             of
             State
             to
             the
             contrary
             )
             they
             had
             the
             Liberty
             of
             the
             Tower
             ;
             that
             is
             to
             say
             ,
             they
             could
             walk
             about
             at
             seasonable
             hours
             with
             a
             Warder
             ;
             But
             now
             as
             soon
             as
             one
             is
             committed
             (
             though
             it
             be
             upon
             bare
             suspicion
             ,
             as
             I
             was
             )
             he
             is
             confin'd
             to
             his
             Lodging
             ,
             and
             hindred
             from
             the
             Consolation
             of
             seeing
             his
             Friends
             ,
             till
             (
             after
             much
             solicitation
             and
             trouble
             )
             leave
             be
             granted
             by
             the
             Secretaries
             .
             Therefore
             Sir
             ,
             being
             morally
             certain
             that
             I
             shall
             be
             confin'd
             again
             assoon
             as
             I
             return
             ,
             I
             humbly
             desire
             the
             Favour
             of
             this
             Freedom
             ;
             It
             being
             also
             what
             I
             hitherto
             enjoy'd
             after
             I
             had
             been
             restrain'd
             for
             some
             days
             in
             the
             aforementioned
             Manner
             .
          
           
             This
             said
             ,
             his
             Lordship
             went
             out
             ,
             and
             then
             was
             carried
             to
             the
             Tower
             ,
             where
             he
             was
             made
             a
             close
             Prisoner
             ,
             as
             he
             foretold
             ,
             though
             what
             he
             moved
             ,
             occasion'd
             the
             following
             Vote
             .
          
           
             That
             a
             Committee
             be
             appointed
             to
             bring
             in
             a
             Bill
             for
             the
             better
             regulating
             the
             Imprisonment
             of
             the
             Subjects
             of
             this
             Kingdom
             ,
             and
             to
             settle
             the
             Fees
             of
             Goalers
             ;
             
               And
               it
               was
               likewise
               referr'd
               to
               them
               ,
               to
               examine
               into
               the
               abuses
               of
               Goalers
               towards
               their
               Prisoners
               which
               have
               been
               heretofore
               Committed
               .
            
          
           
             On
             Wednesday
             the
             5
             th
             of
             the
             following
             February
             ,
             His
             Lordship
             mov'd
             for
             his
             
               Habeas
               Corpus
            
             ,
             and
             was
             brought
             by
             the
             Lord
             Lucas
             ,
             (
             the
             present
             Governour
             of
             the
             Tower
             )
             to
             Westminster
             ,
             on
             the
             10
             th
             ;
             So
             that
             appearing
             at
             the
             King's-Bench
             ,
             his
             Commitments
             were
             read
             ,
             and
             Mr.
             Attorney
             having
             nothing
             to
             object
             against
             his
             being
             Bail'd
             ,
             the
             Court
             awarded
             
             it
             upon
             the
             Security
             of
             Thirty
             Thousand
             Pounds
             ;
             that
             is
             to
             say
             ,
             a
             Recognisance
             of
             Ten
             Thousand
             from
             himself
             ,
             and
             Five
             Thousand
             a
             piece
             from
             his
             four
             Sureties
             ;
             which
             were
             ,
             John
             Earl
             of
             
               Bath
               ,
               Thomas
            
             Earl
             of
             
               Aylisbury
               ,
               Thomas
            
             Earl
             of
             Sussex
             ,
             and
             Charles
             Lord
             Landsdown
             .
          
        
         
           FINIS
           .