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“ Hambden but what Mr. Waller himself gave, they

'gave no judgment against him, but kept him long “after in prison till he died. Neither proceeded they

capically against those citizens whose names were “in the commission, it not appearing that their names

were used with their confent and privity, though the brand of being Malignants served the turn for their undoing; for all their estates were seized, as “theirs were who had been executed.

“ There is riothing clearer than that the commis" fion fent from Oxford by the Lady Aubigney had

not any relation to the discourses passed between " Mr. Waller, Tonikins, and those citizens, or that

they who knew of one had not any privity with the “other, which if they had had, and intended such

an insurrection as was alleged, Mr. Waller, or “ Mr. Tumkins, or some one of those lords who were

supposed to combine with them, would have been " in the commission: or if the King's ministers had

been engaged in the consultation, and hoped to " have raised a party which should suddenly seize upon the City and the parliament, they would never have thought a commission granted to some

gentlemen at Oxford, (for the major part of the " Commissioners were there) and a few private citi

zens, would have served for that work. I am very “confident, and I have very much reason for that con“fidence, that there was no more known or thought

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* of at Oxford, concerning the niatter of the com“mission, than I have before set forth; nor of the “other, than that Mr. Tomkins sometimes writ to " the Lord Falkland, (for Mr. Waller, out of the “cautiousness of his own nature never writ word) “and by messengers signified to him, “ that the “ number of those who desired peace, and abhorrech “the proceedings of the Houses, was very consider“able; and that they resolved, byrefusing to contris bute to the war, and to submit to their ordinances, "s to declare and manifest themselves in that manner, " that the violent party in the City should not have “credit enough to hinder any accommodation.” “ And the Lord Falkland always returned answer,

That they should expedite those expedients as “soon as might be, for that delays made the war

more difficult to be restrained,” And if I could “ find evidence or reason to induce me to believe thac “there was any further design in the thing itself, or “that the King gave further countenance to it, I “ should not at all conceal it. No man can imagine, “ that if the King could have entertained any pro“bable hope of reducing London, which was the fo“menter, supporter, and indeed the life of the war, “or could have found any expedient from whence he “could reasonably propose to diffolve, scatter, and “ disperse those who, underthe name of a Parliament, " had kindled a war against him, but he would have

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“ given his utmost assistance and countenance there “unto, either by publick force or private contrivance.

" There were very great endeavours used to have 5 proceeded with equal severity against the Earl of • Portland and the Lord Conway, (for the accusa“tion of the Earl of Northumberland it was pro“ceeded tenderly in; for though the violent party “ was heartily incensed against him, as a man weary “of them, yet los reputation was still very great) "who were both close prisoners; and, to that purpose, " their Lordships and Mr. Waller were confronted o before the committee, where they as peremptorily

denying as he charging them, and there being no “other witness but he against them, the prosecution “ was rather let alone than declined, till, after a long “ restraint, they procured enlargement upon bail. "Mr Waller himself, (though confeffedly the most "guilty, and by his unhappy demeanour in this time “ of his affli&ion, he had raised as many enemies as " he had formerly friends, and almost the fame) af“ter he had, with incredible dissimulation, acted such “ a remorse of conscience, that his trial was put off, “out of Christian compasiion, till he might recover “his understanding, (and that was not till the heat * and fury of the prosecutors was reasonably abated “ with the sacrifices they had made) and by drawing “ visitants to himself of the most powerful minifters " of all factions, had, by his liberality and penitence,

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“his receiving vulgar and vile sayings from them with "humility and reverence, as clearer convi&ions and “ informations than in his life he had ever had, and “diftributing great fums to them for their prayers “and ghostly counsel, so satisfied them that they sa“tisfied others, was brought, at his suit, to the House “of Commons' bar, where, (heing a man in truth

very powerful in language, and who, by what he "spoke, and in the manner of speaking it, excecd

ingly captivated the good-will and benevolence of “his hearers, which is the highest part of an orator) “ with such flattery as was most exactly calculated to “ that meridian, with such a submillion as their pride “cook delight in, and such dejection of mind and “spirit as was like to cozen the major part, and be “thought serious; he laid before them “their own “danger and concernment, ifthey should suffer one of " their own body, how unworthy and monstrous so"ever, to be tried by the foldiers, who might thereby “grow to that power hereafter, that they would both “try those they would not be willing should be tried, “ and for things which they would account nocrimes, "the inconvenienceandinsupportable mischieswhere“ of all wise commonwealths had foreseen and pre“ vented, by exempting their own members from all “ judgments but their own.” He prevailed not to be “ tried by a council of war, and thereby preserved “ his dear-bought life; so that, in truth, he does as “ much owe the keeping his head to that oration,

as Catiline did the loss of his to those of Tully* : “and by having done ill very well, he, by degrees, “ drew that respect to his parts which always carries “fome compassion to the person, that he got

leave to compound for his tranfgreičion, and them to ac“cept of ten thousand pounds (which their affairs “ wanted) for his liberty; whereupon he had leave "to recollect himself in another country, (for his li“ bcrty was to be in banishment) how miserable he * had made himself in obtaining that leave to live ” out of his own: and there cannot be a greater evi"dence of the inestimable value of his parts, than

that he lived after this in the good affection and •efieem of many, the piry of most, and the re"proach and scorn of few or none."

After he had saved himself from the consequences of this plot he travelled into France, where he continued several years. He went first to Rouen in Norniandy, where he resided the greater part of the time of his banishment. The latter years of his exile he passed at Paris, where he lived in gayety, in elegance, and in the society of people of rank, and of those who were distinguished for their learning and wit..

in a short time after he was banished, an English * One wouid think the nonle historian thould have said, " As Toily did the loss of his to those againit Anthony:" for Ca-iline was sain in battle, whereas Tully's Philippicks seally

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cott him his head.

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