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that when a peace is concluded, the newraised Forces be disbanded."

The King's Specch.] July 29. This day his majesty came to the house of peers and made a short Speech to both houses to this effect:

most fatal might justly be apprehended. But Lewis had no intention to push the victory to such extremities. His interest required that a balance should be kept between the two maritime powers; not that an uncontrouled superiority should be given to either.-Great indignation prevailed among the English to "He conceived, he could not give his houses see an enemy, whom they regarded as inferior, of parliament a greater testimony of his affecwhom they had expected totally to subdue, tions to them, than by sending for them when and over whom they had gained many honour- he was in such straits as were superior to any able advantages, now of a sudden ride undis-other counsels; which now being over, he was puted masters of the ocean, burn their ships confident, he could not better please them, in their very harbours, fill every place with than to dismiss them again to their several confusion, and strike a terror into the capital countries at such a time as this is. His maj. itself. But though the cause of all these dis- said, The Peace being now concluded, the asters could be ascribed neither to bad fortune, Articles would be made public within a few to the misconduct of admirals, nor to the ill days, which he supposed would seem reasonbehaviour of seamen, but solely to the avarice, able to them, and all Christendom as much at least to the improvidence, of the govern- rejoice at the peace as they were disturbed by ment; no dangerous symptoms of discontent the war. His maj. further told his houses, appeared, and no attempt for an insurrection That their own affairs now require their prewas made by any of those numerous sectaries, sence elsewhere; and he did hope they would who had been so openly branded for their re- use all industry and severity (for both were bellious principles, and who upon that suppo- necessary) to reduce the people to a better sition had been treated with such severity.- temper than they have been in of late. His In the present distress, two expedients were maj. further said, He wondered what one thing embraced: an army of 12,000 men was sud- he had done since his coming into England, to denly levied and the parliament, though it lay persuade any sober person that he did intend under prorogation, was summoned to meet.*" to govern by a Standing Army; he said he was more an Englishman than so. He desired, for SIXTH SESSION OF THE SECOND PARLIAMENT, as much as concerned him, to preserve the July 25, 1667. His majesty having pro- laws; and if others will pay that due respect rogued the parliament to the 10th of October, they owe to the laws, there would be no fear and being advised, that the weighty affairs of of any such thing. His maj. said, The last the kingdom might require a sooner day of year he raised some troops, which he disbanded their meeting; he therefore, by his procla- as soon as the season would permit ; and he mation, having summoned them to meet on was certain, he deferred raising forces long this day; both houses met accordingly, when the enough this year, in that he gave not one comcommons were proceeding to business, the mission till the enemy was landed; and he was Speaker informed them, that his majesty had sure, that the persons now in commission are commanded him to let them know, that, con- such as will be as desirous to be out of the emceiving the house might not be full at their ployment as to continue in it. He further said, first meeting, he had deferred his coming to he would say no more, but that he hoped his acquaint them with what he had to say, till two houses of parliament should meet here in Monday next: and that the house should Oct. next, and that they would then come with adjourn till that day. "Whether, says Mr. such inclinations as may restore the kingdom Ralph, “the house was disgusted with this to as good a condition as it were ever in; and usage, or met in an ill humour from the ill he did assure them he should not be wanting situation of the public affairs, or wanted to on his part." The parliament was then promake their own advantage of the public cala- rogued to the 10th of October. mities, they did not obey his majesty's injunction, till they had first come to a Resolution nem. con. "That his maj. be humbly desired, by such members as are his privy counsel,

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* Hume, vol. vii. p. 427.

+ It being a current opinion, or rather an unquestioned certainty, that upon a prorogation a parliament cannot be convened before the day, though upon an adjournment it may; Mr. Prynne had been brought privately to the King to satisfy him, that upon an extraordinary occasion he might do it and his judgment, which in all other cases he did enough undervalue, very much confirmed him in what he had a mind to." Lord Clarendon's Life, P, 423.

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Principal Occurrences during the RecessFall of the lord Chancellor Clarendon.] "The signing of the Treaty at Breda," says Mr. Hume," extricated the king from his present difficulties. The English ambassadors received orders to recede from those demands, which however frivolous in themselves, could not now be relinquished, without acknowledging a su periority in the enemy. Polerone remained with the Dutch; satisfaction for the ships Bona venture and Good-hope, the pretended grounds of the quarrel, was no longer insisted on: Acadie was yielded to the French. The ac quisition of New-York, a settlement so impor tant by its situation, was the chief advantage

* Humne vol. vii. p. 481.

which the English reaped from a war, in which the national character of bravery had shone out with lustre, but where the misconduct of the government, especially in the conclusion, had been no less apparent. To appease the people by some sacrifice seemed requisite before the meeting of parliament; and the prejudices of the nation pointed out the victim. The Chancellor was at this time much exposed to the hatred of the public, and of every party which divided the nation. All the numerous sectaries regarded him as their determined enemy; and ascribed to his advice and influence those persecuting laws, to which they had lately been exposed. The catholics knew, that while he retained any authority, all their credit with the king and the duke would be entirely useless to them, nor must they ever expect any favour or indulgence. Even the royalists, disappointed in their sanguine hopes of preferment, threw a great load of envy on Clarendon, into whose hands the king seemed at first to have resigned the whole power of government. The sale of Dunkirk, the bad payment of the seamen, the disgrace at Chatham, the unsuccessful conclusion of the war; all these misfortunes were charged on the chancellor, who, though he had ever opposed the rupture with Holland, thought it still his duty to justify what he could not prevent. A building, likewise, of more expence and magnificence than his slender fortune could afford, being unwarily undertaken by him, much exposed him to public reproach, as if he had acquired great riches by corruption. The populace gave it commonly the appellation of Dunkirk house. The king himself, who had always more revered than loved the chancellor, was now totally estranged from him. Amidst the dissolute manners of the court, that minister still maintained an inflexible dignity, and would not submit to any condescensions, which he deemed unworthy of his age and character. Buckingham, a man of profligate morals, happy in his talent for ridicule, but exposed in his own conduct to all the ridicule which he threw on others, still made him the object of his raillery, and gradually lessened in the king that regard which he bore to his ininister. When any difficulties arose, either for want of power or money, the blame was still thrown on him, who, it was believed, had carefully at the restoration checked all lavish concessions to the king. And what perhaps touched Charles more nearly, he found in Clarendon, it is said, obstacles to his pleasures as well as to his ambition.-The king, disgusted with the homely person of his consort, and desirous of having children, had hearkened to proposals of obtaining a divorce, on pretence either of her being pre-engaged to another, or of having made a vow of chastity before her marriage. He was farther stimulated by his passion for Mrs. Stuart, daughter of a Scotch gentleman; a lady of great beauty, and whose virtue he had hitherto found impregnable but Clarendon, apprehensive of

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the consequences attending a disputed title, and perhaps anxious for the succession of his own grandchildren, engaged the duke of Richmond to marry Mrs. Stuart, and thereby put an end to the king's hopes. It is pretended that Charles never forgave this disappointment.-When politics, therefore, and inclination both concurred to make the king sacrifice Clarendon to popular prejudices, the memory of his past services was not able any longer to delay his fall. The great seal was taken from him, and given to sir Orlando Bridgeman, by the title of lord keeper. Southampton, the treasurer, was now dead, who had persevered to the utmost in his attachments to the chancellor. The last time he appeared at the council-table, he exerted his friendship with a vigour which neither age nor infirmities could abate. "This man," said he, speaking of Clarendon, "is a true protestant, and an honest Englishman; and while he enjoys power, we are secure of our laws, liberties, and religion. I dread the consequences of his removal."But the fall of the Chancellor was not sufficient to gratify the malice of his enemies: his total ruin was resolved on. The duke of York in vain exerted his interest in behalf of his fa ther-in-law. Both prince and people united in promoting that violent measure; and no means were thought so proper for ingratiating the court with a parliament, which had so long been governed by that very minister, who was now to be the victim of their prejudices." SEVENTH SESSION OF THE SECOND PARLIAMENT.

The King's Speech at the opening of the Session.] Oct. 10. This day both houses met: his majesty opened the Session with the following short Speech:

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My Lords and Gentlemen; When we last met here, about 11 weeks ago, I thought fit to prorogue the parliament till this day, resolving that there should be a session now, and to give myself time to do some things I have since done, which I hope will not be unwelcome to you, but a foundation for a greater confidence between us for the future. The other reasons of that prorogation, and some other matters with which I would acquaint you, I have commanded my Lord Keeper to declare unto you."

The Lord Keeper Bridgman's Speech.] Then the Lord Keeper* spake as followeth :

*"Sir Orlando Bridgman was a man of good natural parts, which he very carefully improved by study and application. He was, soon after the Restoration, made lord chief baron of the exchequer; whence he was, in a few months, removed to the common pleas. While he presided in this court, his reputation was at the height: then his moderation and equity were such, that he seemed to carry a chancery in his breast, Upon his receiving the great seal, his reputation began to decline: he was timid and irresolute, and this timidity was still increasing with his years. His judgment was

"My lords; and you knights, citizens, and burgesses of the house of commons; This parliament (after many good and wholesome laws made with your advice in several sessions, many great Supplies and Aids given to his majesty, and for the maintenance of the wars, and many other signal testimonies of your affection and duty to him, for which he again and again renews unto you his most hearty thanks) was, as you very well know,prorogued from Feb. last, till this 10th day of Oct.; his majesty having then reason to believe that there would be no cause of your re-assembling in the mean time.-But, in this interval, the Dutch (who, since the war begun, were strengthened by the union of France and Denmark, having a great fleet) actually invaded the land; and the French at the same time had a royal army in the field, not far from the sea coast, the conjunction of which with the others, in some design against England, or some other of his majesty's dominions, we had then cause to suspect.In this strait his maj. (who in lesser difficulties had frequent recourse unto his parliament, as his great and faithful council, and therefore bath every year once, often twice, re-assembled you) thought it necessary to anticipate the time, and issued out proclamations for your meeting on the 25th of July last past.-This (though unusual) was done by the advice of bis privy council; public necessity and exigencies allowing, or at least dispensing with, many things, which (except in such cases) were not to be allowed, or dispensed withal.-Before that 25th of July, there was a prospect and daily expectation, and (within 3 days following) an assurance of a Peace, concluded with, and ratified, by our three potent adversaries. The storm which threatened us being thus blown over, and succeeded by so great a serenity, it was raised as a doubt by grave and wise men, whether or no, the necessities and difficulties which caused so early a summons being removed, you could sit or act as a parliament before the 10th of Oct. being the fixed time to which you were formerly prorogued. For this cause, together with those others mentioned by his majesty, he, in his princely wisdom, held it necessary, in a matter of so great consequence, again to fix upon this day for your meeting in parliament, about which there - can be no dispute; which being thus twice

not equal to all the difficulties of his office. In nice points he was too much inclined to decide in favour of both parties; and to divide what each claimant looked upon as his absolute property. His lady, a woman of cunning and intrigue, was too apt to interfere in chancery suits; and his sons, who practised under him, did not bear the fairest characters. He is said to have been removed from his office for refusing to affix the seal to the king's Declaration for Liberty of Conscience." Granger, vol. iii. p. 361. Sce also North's Life of the Lord Keeper Guilford, p. 88.

prefixed, and you meeting here upon a double call, his maj. hopes it is a happy omen, that this session of parliament (which in law is but one day, all acts of this session referring to it unless otherwise specially provided) will be happy and prosperous to his majesty, to you and to the whole kingdom.-My Lords and Gentlemen; His maj, supposes that no man would expect, that during your recess he should have refused overtures of Peace; the vicinity, as well as potency, of his united enemies, the great expences of the war, carried on with much disadvantage, by reason of the Plague and dismal Fire in London, the consideration of the posture of affairs abroad (besides many other motives obvious unto you), induced him to embrace the opportunity of concluding a peace.— But you well know, that though the war be at an end, all the effects thereof are not yet ended: it will require time, and your good advice, to remove those obstructions which hinders the current of trade, both at home and abroad; and in this particular, his maj. thinks fit to recommend it to your wisdom, to settle such a balance of Trade between his subjects of this kingdom and those of Scotland, as that we may not be prejudiced, by the import of their commodities hither, nor yet they so discouraged as to leave off trading here, and find out another vent abroad, more dangerous to us. This he finds too hard for him without your assistance, though (upon your recommending it to him) he hath used some endeavours therein. His maj. formerly promised that you should have an Accompt of the Monies given towards the war, which his maj. hath commanded his officers to make ready; and since that way of com mission (wherein he had put the examination of them) hath been ineffectual, he is willing you should follow your own method, examine them in what way and as strictly as you please. He doth assure you, he will leave every one concerned to stand or fall, according to his own innocence or guilt.-His maj. hath reason to believe, that some disaffected persons (taking advantage of the public necessities) have spread abroad discourses and rumours reflecting upon the government, intending thereby to beget a dissatisfaction in his good subjects. And it is an easy thing to take exceptions, cum neque culpam humana infirmitas, neque calumniam regnandi difficultas, evitet.' But his maj. promises himself, from your good affections, that every one of you, in your several places, will endeavour to preserve a good understanding between him and his people; and if any just grievances shall have happened, his maj. will be as willing and ready to redress them for the future, as you to have them represented unto him.-And his maj. doubts not but you will give healing and moderate counsels, and imprint that known truth into the hearts of his subjects, that there is no distinct interest be tween the king and his people; but the good of the one is the good of both."

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Address of both Houses to the King.] Oct. 15. Immediately after, the house of commons took

OF THE EARL OF CLARENDON. Oct. 26. The commons took into examination the conduct of the earl of Clarendon, to

into consideration what had been said to them, | PROCEEDINGS RELATIVE TO THE IMPEACHMENT and resolved upon an Address of thanks to his majesty, in which they desired and obtained the concurrence of the lords. Accordingly, this day the two houses in a body, with their Speakers, attended the king in the Banqueting House at Whitehall; where the Lord Keeper, as Speaker of the house of peers, in the name of both houses, repeated this following Address to his majesty:

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proposition in the house of commons for returning Thanks to him had not succeeded, and more that it had been opposed by many of his own servants; and commanded them to press and renew the motion: that his honour was

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"We your majesty's loyal and faithful sub-concerned in it; and therefore he would expect jects, the lords and commons in parliament assembled, having taken into our serious consideration your majesty's gracious Speech, wherein you were pleased to let us know, that your majesty thought fit to prorogue this parliament till the 10th of Oct. that you might give yourself time to do something which would not be unwelcome, but a foundation for a greater confidence between your majesty and your people; we find ourselves bound in duty to return your majesty our humble and hearty Thanks for the gracious Declaration of your royal intentions in that your majesty's gracious Speech, and in that delivered by your majesty's command by the Lord Keeper. And particularly, that your majesty hath been pleased to disband the late raised Forces; and to dismiss the Papists from out your guards, and other military employments: for your maj.'s care in quickening the execution of the Act for restraining the Importation of foreign cattle: for causing the Canary Patent to be surrendered and vacated: and, more especially, that your majesty hath been pleased to displace the late Lord Chancellor, and remove him from the exercise of public trust and employment in affairs of state. To which Address his maj. was pleased to make this return; I thank you for your Thanks; I am glad the things I have done have given you so good satisfaction: and for the earl of Clarendon, I assure you I will never employ him again in any public affairs whatsoever."

Thanks, and would take it very ill of any of his own servants who refused to concur in it.'— Hereupon it was again moved: but notwithstanding all the labour that had been used contrary to all custom and privilege of parliament, the question held six hours debate, very many speaking against the injustice and irregularity of it; they on the other side urging the king's expectation of it. In the end the question being put, it was believed the Noes were the greater number: but the division of the house was not urged for many reasons; and so the Vote was sent to the lords, who were desired to concur with them.-But it had there a greater contradiction. They had already returned their Thanks to the king; and now to send again, and to add any particular to it, would be very incongruous and without any precedent: and therefore they would not concur in it. This obstinacy very much displeased the king: and he was persuaded by those who had hitherto prevailed with him, to believe that this contradiction, if he did not master it, would run through all his business that should be brought into that house. Whereupon his maj. reproached many of the lords for presuming to oppose and cross what was so absolutely necessary for his service and sent to the abp. of Canterbury, that he should in his majesty's name command all the Bishops bench to concur in it; and if they should refuse it, he would make them repent it; with many other very severe reprehensions and animadversions. This being done in so extraordinary a manner, *"When the house of commons came toge- the duke of York told his majesty, how much ther, one Tomkins, a man of very contempt- it was spoken of and wondered at:' to which able parts and of worse manners (who used to his maj. replied, that his honour was enbe encouraged by men of design to set some gaged, and that he would not be satisfied if motion on foot, which they thought not fit to Thanks were not returned to him by both appear in themselves till they discerned how houses; and that it should go the worse for the it would take), moved the house that they Chancellor if his friends opposed it.' And he might send a Message of Thanks to the king commanded h. r. b. that he should not cross it, for his gracious expressions, and for the many but was contented to dispense with his attendgood things which he had done, and particu-ance, and gave him leave to be absent from larly for his removing the Chancellor; which the debate; which liberty many others likewise was seconded by two or three, but rejected by took: and so when it was again moved, though the house as a thing unreasonable for them it still was confidently opposed, it was carried who knew not the motives which had disposed by a major part, many being absent.-And so his majesty: and so a committee was appointed both houses attended the king and gave him to prepare such a Message as might be fit for Thanks, which his majesty graciously received them to send. And the lords the same day as a boon he looked for, and said somewhat seut to the king, without consulting with the that implied that he was much displeased with commons, to give his majesty Thanks for the the Chancellor; of which some men thought Speech he had made to them in the morning, they were to make the best use they could. which commonly used to be done. The king And therefore, after the king's Answer was redeclared himself very much offended that the ported to the house of peers, as of course what

VOL. IV.

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whose charge Mr. Edward Seymour then laid | the principal Charge then was for advising to many great and heinous crimes. Upon which there arose a debate in the house how they should proceed upon it, some moving he should be impeached in the name of the commons, till Articles should be formed against him; others urged, that witnesses should be first examined, to see how the Charge might be made good, lest, in case of failure, it might reflect on the honour of the house. After a long debate, a committee was appointed to search records for parliamentary proceedings in the like cases; from which Mr. Vaughan making report on the 29th, that they had found various proceedings in several parliaments, there arose another long debate, which was maintained with great warmth.

Sir Thomas Littleton said, that in cases criminal, they find proceedings to have been, sometimes by Articles, sometimes by word of mouth; but in capital crimes no proceedings appear till the earl of Strafford's case, against whom the house carried up a general Impeachment; the reason whereof seems to be this: some votes were made in the house at which the king takes offence, as if they would proceed upon common fame; whereupon they vindicate their proceedings as done in a parliamentary way, and appoint a committee to withdraw for about half an hour to consider the matter for a conference with the lords about the Charge, and upon their report a general Charge is carried up to the lords' bar;

soever the king says upon any Message is always reported, it was proposed, That the king's Answer might be entered into the Journal-Book;' which was rejected, as not usual, even when the king himself spoke to both houses; nor was what he now said entered in the house of commons. However, when they had consulted together, finding that they had not yet so particular a record of the displeasure against the Chancellor, as what he had said upon this Message did amount unto, they moved the house again, that it might be entered in the Book:' and it was again rejected. All which would not serve the turn; but the duke of Buckingham a third time moved it, as a thing the king expected: and thereupon it was entered." Clarendon's Life, p. 443.

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Afterwards sir Edward, Speaker of the House of Commons, a Commissioner of the Admiralty, and Treasurer of the Navy.-"The ablest man of his party was Seymour, who was the first Speaker of the house of commons, that was not bred to the law. He was a man of great birth, being the elder branch of the Seymour family; and was a graceful man, hold and quick. He was violent against the court, till he forced himself into good posts. Ile knew the house and every man in it so well, that by looking about he could tell the fate of any question." Burnet.

"From being a wild spark about town, he came early into the court, and was of that gang that routed the lord chancellor. His

bring over the Irish Army, and the single proof was sir Henry Vane, so the Impeachment went up for High-Treason, though no member would positively say he would make the Charge good. So for the bishop of Canterbury there was no Impeachment, but a Charge in general. And if you take not the same course now, but insist upon examining witnesses first, the difficultics will be unanswerable; for is it like that men before they shall see you in earnest will have their names produced against the earl of Clarendon? If this be your proceeding, we must never expect to impeach a great man more. If you think there is nothing in the Charge leave it, but if you think it is worth your while take heed of making such a dangerous precedent as by neglecting it to wound your liberties; but proceed in the usual way with a general Impeachment.

Serjeant Maynard. I stand not up to give advice, but to speak to matter of fact in the business of Strafford and Canterbury. I attended that business from the beginning: sir J. Clotworthy informed something against Strafford to be direct treason, that he had assumed an arbitrary power in Ireland, and dispossessed one Savage by force of arms, and undertook to prove it. Sir H. Vane also told them that he had a note taken out of his father's cabinet, containing the advice which Strafford gave the king in that case. Namely, the king wanting money, and the question being how

entrance was through the parliament; for, being buoyed upon the Western alliance, he was considerable in the house of commons. He served as Speaker there eleven years; and, as such, was called to the privy council. He was ambitious and proud in the highest degree; and was supposed to decline no means that tended to his advancement. When he was of the privy council, he scorned to speak at the lower end, where his place was, but commonly walked up near the king, and standing behind the chairs of the chancellor, or other great lords, spoke to the king. And, as his nature, so his speeches were often arrogant and disrespectful. Once, at the council, he said to the king, Sir, how long will your majesty prevaricate with yourself?' The king muttering, repeated the word prevaricate' divers times, but made no reply. This, probably, joined with other like tempered speeches, lost him the king's favour." North's Life of the Lord Keeper Guilford, p. 228.

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Of this celebrated lawyer, who lived till after the Revolution, this remarkable story is told by bishop Burnet. He came with the men of the law to wait on the prince of Orange, being then 90 years old, and yet said the liveliest thing that was heard of on that occasion. The prince took notice of his great age, and said that he had outlived all the men of the law of his time. He answered, he had like to have outlived the law itself, if his highness had not come over.

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