Boroughbridge, their respective offices and places, upon pain | Sir John Maynard, After which, the late king was no sooner buried, but his royal brother acquainted the world, that he died a Roman-Catholic, and publicly appeared at mass himself. He, likewise, by another Proclamation, declared, "That he had thought fit to call a parliament speedily to be assembled, in which he made no doubt but care would be taken for settling a sufficient Revenue upon the crown, for the support of the government; the necessities of which, in the mean time, required that the Customs and Subsidies, and other Duties upon Merchandizes, should be continued to be collected, as in the time of his dearest brother lately deceased." THE FIRST AND ONLY PARLIAMENT HELD A LIST OF KING JAMES'S PARLIAMENT, AND DISSOLVED Abington, Sir John Stonehouse. Sir John Collins, Anglesea, Sackvil Tufton, Philip Musgrave. William Garroway, Ashburton, Sir William Egerton, Sir Dudley North, Sir A. Chichester, Sir William Basset, Sir Villiers Charnock, Bedford Town, Sir Humphry Forster, Sir Chas. Lyttleton, Bishops Castle, Bossiny, Lord Willoughby, Sir Richard Wenman, Sir Thomas Bludworth, Wm. Bridgman. M. of Worcester, waved Edw. Jones. Brecon Town, Sir Richard Crump, Sir William Whitmore. Sir John Coriton, Sir Levinus Bennet, Sir Wm. Honywood, Lord Vaughan. Sir Thomas Grosvenor. Richard Kent. Chipping Wycombe, Sir Daniel Fleming, Sir Walter Clarges, Sir Nathan Napier, Lord Bodmyn,[removed] Coventry, Edmund Webb, Sir Richard Middleton. Derbyshire, Sir Robert Coke, Derby Town, Walter Grub. Devonshire, Sir Bouchier Wrey, Thomas Strangeways, Arthur Herbert, Roger North, Thomas Knyvett. Sir Thomas Harvey, Edward Seymour, Sir John Rous, Sir Thomas Thompson, Glamorgan, Sir Edward Mansel. Grampound, Sir Joseph Tredenham. Robert Foley. Grantham, Thomas Harrington, VO L. IV. Helston, Charles Godolphin, Hertford Town, Sir Lewis Palmer. Kent, Sir William Twysden, Sir Willoughby Hickinan, Lancaster Town, Leicester Town, Lewes, Lincolnshire, Lincoln City, Liverpool, Sir Richard Atherton, Sir John More, Sir Edw. Herbert, Wm. Charlton, (dead). Ludgershall, Sir Winston Churchill. Lynn, Sir John Turner, Sir John Tufton, (dead) Archibald Clincard. Malden, Sir Thomas Darcy, Malton, George Willoughby. Sir Humphrey Wynch. Sir J. Tredenham, was ed George Strangways, Middlesex, Sir Charles Gerrard,' Milbourn, Sir Henry Puckering, Newark, Newcastle, (Staffordsh.) Newport, (Hants) Wm. Blathwaite. Newton, (Hants) Northamptonshire, Northampton Town, Nottingham Town, Oxford University, Pontefract, Sir Thomas Yarborough. Sir Thomas Chichley, Queenborough, Caleb Banks. Radnor Town, Sir Edward Nevill, Sir Thomas Mackworth. Thomas Frewen, Sir Thomas Jenner. Sir John Werden, Salop Town, Sarum New, Sir Thomas Slingsby, Sir Wm. Thomas. Sir Henry Butler, Shoreham, Sir Edw. Hungerford, Sir John Smith. Southampton County, Sir Peter Daniel, Sir Walter Baggot, Sir James Morton, Sir H. Goring. (dead) Stockbridge, John Head, Sir John Cardelle, Sir Robert Brooke, Sir Henry Goring, Sir James Butler, H. Hevingham, removed Thirsk, Sir Hugh Cholmondeley, Tiverton, John Kelland, George Ryves. Wells, Wenlock, George Weld. Sir Littleton Osbaldiston. Woolon Basset, Earl of Ancram, Sir John Packington, Worcester City, York City, Sir John Reresby, Sir Metcalfe Robinson. SPEAKER-Sir John Trevor. The Lord Keeper Guildford's Speech.] His majesty being come to the house of peers, commanded the black-rod to acquaint the house of commons, that it is his majesty's pleasure they attend him, inmediately; who being come to the bar of the lords house, sir Francis North, baron of Guilford, and lord keeper of the great seal, having first received his majesty's pleasure, spoke to this effect: "My lords; and you the knights, citizens, and burgesses of the house of commons; 1 have it in command from his majesty, to let you know, that he will defer his speaking to you until the members of both houses have taken the oaths appointed at the beginning of every parliament, the doing whereof will require some time. When that is over, his maj. will come again, and declare his mind to you concerning the causes of his calling this parliament. And it being necessary there should be first a Speaker of the house of commons; it is his majesty's pleasure, that the gentlemen of the house of commons go apart to the usual place, and do proceed to the choice of a fit person to be their Speaker; his maj. doth appoint four of the clock this afternoon, to have him presented here for his royal approbation." Sir John Trevor chosen Speaker.] The commons being returned to their own house, lord Middleton named sir John Trevor, as a fit person for their Speaker, and one that would be acceptable to his majesty; whereupon the commons unanimously made choice of sir John, who took the Chair, and the house adjourned till 4 of the clock: when he went up to the bar of the house of peers, and was approved of by his majesty. Twenty Lords introduced in one day.] The same day the following lords were introduced, and took their seats in the house, viz. Francis lord North, lord keeper of the great seal, Laurence earl of Rochester, George marq. of Hallifax, James duke of Ormond, Henry duke of Beaufort, Edward earl of Litchfield, Daniel e. of Nottingham, James e. of Abingdon, Edw. e. of Gainsborough, Tho. e. of Plymouth, Horatio, visc. Townsend, Tho. visc. Weymouth, Christ. visc. Hatton, Rd. lord Lumley, John lord Ossulston, George lord Dartmouth, Ralph lord Stawell, Sidney lord Godolphin, George lord Jeffreys, and John lord Churchill. Protest thereon.] Four lords only entered their Dissent, namely, Radnor, Anglesea Clare, and Stamford, with these following Rea sons: 1. "Because it doth, as we conceive, extrajudicially, and without a particular cause before us, endeavour an alteration in a judicial rule and order of the house, in the highest part of their power and judicature. 2. Because it shakes and lays aside an Order made aud renewed upon long consideration and debate, report of committees of precedents and former resolutions, without permitting the same to be read, though called for by many of the peers, and against weighty reasons, as we conceive, appearing for the same, and contrary to the practice of former times. 3. Because it is inherent in every court of judicature to assert and preserve the former rules of proceedings before them, which therefore must be steady and certain, especially in this high court, that the subject, and all persons concerned, may know how to apply themselves for justice; the very Chancery, King's-bench, &c. having their settled rules, from which there is no variation."-However, two days after, the matter was brought to a conclusion by this following Order ; " Whereas several Indictments were found at the sessions held at Westminster against Wm. earl of Powis, &c. which are since brought into this house by certiorari, pursuant to an Order of the 9th of April 1678; the house being this day informed, by Mr. Attorney General, That his maj. hath sent a warrant to him directed, to enter a noli prose qui upon the said Indictments: It is ordered, That his majesty's said attorney general may have recourse to the said indictments, in order to the entering a noli prosequi thereupon pursuant to his majesty's warrant and it is further ordered, That the bail given in the court of king's bench, for the appearance of the said Wm. earl of Powis, Henry lord Arundel of Wardour, and John lord Bellasis, be, and are hereby discharged.* 66 * ، The upper house discussed, at the same time, the affair of the lords accused of high treason, and cancelled a rule of that house, which orders that the accusations entered by the lower house shall be in force from one par liament to another: this was done to perpe tuate the accusations of the earl of Danby and Proceedings in the Case of the Popish Lords.] the Catholic peers, who by this means would The same day, the house of peers received the have always remained liable to condemnation Petitions of the Lords who had lain under an upon the evidence given against them. They Impeachment several years in the Tower, and are now free from the accusation, and to pro been admitted to bail about a year ago, viz. secute them again would require both a fresh The earl of Powis, the lord Arundel of War- accusation and a fresh trial. This decision of dour, the lord Bellasis, and the earl of Danby: the upper house repeals whatever was done re the last having made their personal appea- specting the pretended plot of the Catholics, ances, in pursuance to their bail, and delivered which without it would have still subsisted. their Petitions, the house entered into consi- This is a very important matter in relation to deration of the hardship of their cases, and his Britannic majesty. The earls of Devoncame to this question, Whether the Order of shire, Anglesey, Clare, and Radnor opposed the 19th of March, 1678-9, be reversed and the measure, which only shewed their ill will." annulled as to their several impeachments 'Barillon's Letters to the King of France. See which passed in the affirmative. Fox's JAMES II. Appendix, p. lxxxvi. The King's Speech on opening the Session.] May 22. His majesty opened the session with the following Speech to both houses: "My lords and gentlemen; After it pleased Almighty God to take to his mercy the late king my dearest brother, and to bring me to the peaceable possession of the throne of my ancestors, I immediately resolved to call a parliament, as the best means to settle every thing upon those foundations as may make my reign both easy and happy to you: towards which, I am disposed to contribute all that is fit for me to do. What I said to my privy-council at my first coming there, I am desirous to renew to you, wherein I fully declare my opinion "The repetition of the words made use of in his first speech to the privy council, shews, that in the opinion of the court at least, they had been well chosen, and had answered their purpose; and even the haughty language which was added, and was little less than a menace to parliament, if it should not comply with his wishes, was not, as it appears, unpleasing to the party which at that time prevailed, since the revenue enjoyed by his predecessor was unanimously, and almost immediately, voted to him for life. It was not remarked, in public at least, that the king's threat of governing without parliament, was an unequivocal manifestation of his contempt of the law of the country, so distinctly established, though so ineffectually secured, by the statute of the 16th of Charles ii. for holding triennial parliaments. It is said, lord keeper Guildford had prepared a different speech for his majesty, but that this was preferred, as being the king's own words; and, indeed that part of it in which he says that he must answer once for all, that the commons' giving such proportions as they might think convenient, would be a very improper way with him, bears, as well as some others, the most evident marks of its royal origin. It is to be observed, however, that in arguing for his demand, as he styles it, of revenue, he says, not that the parliament ought not, but that he must not suffer the well-being of the government depending upon such revenue, to be precarious; whence it is evident, that he intended to have it understood, that, if the parliament did not grant, he purposed to levy a revenue without their consent. It is impossible that any degree of party spirit should so have blinded men, as to prevent them from perceiving, in this speech, a determination on the part of the king, to conduct his government upon the principles of absolute monarchy, and to those who were not so possessed with the love of royalty, which creates a kind of passionate affection for whoever happens to be the wearer of the crown, the vindictive manner in which he speaks of Argyle's invasion, might afford sufficient evidence of the temper in which his power would be administered. In that part of his speech he first betrays his personal feelings towards the unfortunate nobleman, whom, in his brother's reign, he had so cruelly and treacherously concerning the principles of the Church of England, whose members have shewed themselves so eminently loyal in the worst of times, in defence of my father, and support of my brother, of blessed memory; that I will always take care to defend and support it. I will make it my endeavour to preserve this government both in Church and State, as it is now by law established; and as I will never depart from the just rights and prerogatives of oppressed, by dwelling upon bis being charged by Argyle with tyranny and usurpation, and then declares, that he will take the best care, not according to the usual phrases, to protect the loyal and well-disposed, and to restore tranquillity, but that the declaration of the fac tious and rebellious may meet with the reward it deserves; thus marking out revenge and punishment as the consequences of victory, upon which he was most intent.-It is impossible, that in a house of commons, however composed, there should not have been many nemhers who disapproved the principles of government announced in the speech, and who were justly alarmed at the temper in which it was conceived. But these, overpowered by numbers, and perhaps afraid of the imputation of being concerned in plots and insurrections, (an imputation which, if they had shewn any spirit of liberty, would most infallibly have been thrown upon them,) declined expressing their sentiments; and, in the short session which followed, there was an almost uninterrupted unanimity in granting every demand, and acquiescing in every wish of the government. The revenue was granted, without any notice being taken of the illegal manner in which the king bad levied it upon his own authority. Argyle was stigmatised as a traitor; nor was any desire expressed to examine his declaratious, one of which seemed to be purposely withheld from parliament. Upon the communication of the duke of Monmouth's landing in the west, that nobleman was immediately attainted by bill. The king's assurance was re cognized as a sufficient security for the national religion; and the liberty of the press was destroyed by the revival of the statute of the 13th and 14th of Charles ii. This last circumstance, important as it is, does not seem to have excited much attention at the time, which, considering the general principles then in fashion, is not surprising. That it should have been scarcely noticed by any historian, is more wonderful. It is true, however, that the terrour inspired by the late prosecutions for libels, and the violent conduct of the courts upon such occasions, rendered a formal destruction of the liberty of the press a matter of less importance. So little does the magistracy, when it is inclined to act tyrannically, stand in need of tyrannical laws to effect its purpose. The bare silence and acquiescence of the legislature is, in such a case, fully sufficient to annihilate, practically speaking, every right and liberty of the subject." Fox's JAMES II. p. 143. |