A Bill passed for the Banishment of the | you bring upon yourselves all the dishonour of Earl.] Dec. 13. A Bill was sent down from the business; but the lords will have some exthe lords for the Banishment of the earl of Cla- cuse, which you cannot; for they looked upon rendon. Upon the reading of which, several the charge so slight, as not to imprison him. objections were made; and it being alledged, The party is gone, apprehending, he says, the That it was an abuse put upon the commons fear of the multitude, not of his trial: so the by the lords, and that a Bill of Attainder being lords not giving credit to your charge against proposed, after some debate the house passed him, he says, He flies not from justice. Now, this vote; Resolved, That, this house taking if upon this bill you should banish him, it would notice of the Flight of the earl of Clarendon, be said, you could not make good your charge, being under an Impeachment of High-Treason and therefore laid this sentence upon him. by this house, the king's majesty be humbly The precedent is also dangerous, if, having desired to issue out his Proclamation for sum- gone so far in a judicial way, you should now moning the said earl to appear by a day, and go in a legislative. If, upon reason of state, to apprehend him in order to his trial: and lords might be banished, it may be by dozens: that the lords be sent to for their concurrence as you proceed justly, so you will be justified.' in this vote." But the lords would not concur: After several speeches on the 18th, the bill and on the following day delivered their Rea- was read a third time and passed, there being sons, and particularly declared, "That their 65 for it, and 42 against it.* lordships upon consideration of the whole state of affairs, and of the kingdom, have, upon grounds of prudence and justice, thought fit, for security of king and kingdom, to procced in a legislative way against the said earl; and have to that end passed and sent down a Bill of Banishment and Incapacity against him; with which their vote was inconsistent." This brought on a debate concerning the Bill of Banishment, which some thought too little for the crimes alleged; and others too great for the cause in hand. Mr. Swinfen said, 'The lords will neither secure nor summon him, but will condemn him unheard; and this they put you upon, which is against honour and justice, especially to do it upon reason of state. The power of parliaments is indeed great; it hath no bounds but the integrity and justice of parliaments. If reason of state be a motive of parliament to banish one man, so it may be for many. If you go in this legislative way, but they who had industriously promoted the former resolution were inflamed, as if this very instrument would contribute enough to any thing that was wanting; and they severally arraigned it, and inveighed against the person who had sent it, with all imaginable bitterness and insolence. Whilst others, who could not, in the hearing it read, observe that malignity that it was accused of, sat still and silent as if they suspected that somewhat had escaped their observations and discovery, that so much transported other men; or, because they were well pleased that a person, against whom there was so much fury and malice professed, was got out of their reach. In conclusion, after long debate it was concluded, That the paper, containing much untruth and scandal and sedi tion in it, should be publicly burned by the hand of the hangman.' which vote they presently sent to the lords for their concurrence, who, though they had not observed any such guilt in it before, would maintain no farther contests with them, and so concurred in the sentence. And the poor paper was accordingly with solemnity executed by the appointed officer," Lord Clarendon's Life, p. 464, "Lord Clarendon survived his banishment six years; and employed his leisure chiefly in reducing into order the history of the civil wars, for which he had before collected materials. The performance does honour to his memory; and except Whitlocke's memorials, is the most candid account of those times, composed by any contemporary author.Clarendon was always a friend to the liberty and constitution of his country. At the commencement of the civil wars, he had entered into the late king's service, and was honoured with a great share in the esteem and friendship of that monarch: he was pursued with unrelenting animosity by the long parliament: he had shared all the fortunes, and directed all the counsels of the present king during his exile: he had been advanced to the highest trust and offices after the restoration : yet all these circumstances, which might naturally operate with such force, either on resentment, gratitude, or ambition, had no influence on his uncorrupted mind. It is said, that when he first engaged in the study of the law his father exhorted him with great carnestness to shun the practice too common in that profession, of straining every point in favour of prerogative, and perverting so useful a science to the oppression of liberty: and in the midst of these rational and virtuous counsels, which he reiterated, he was suddenly seized with an apoplexy, and expired in his son's presence. This circumstance gave additional weight to the principles which he inculcated. The combination of king and subject to oppress so good a minister affords, to men of opposite dispositions, an equal occasion of inveighing against the ingratitude of princes, or ignorance of the people. Charles seems never to have mitigated his resentment against Clarendon; and the national prejudices pursued him to his retreat in France, A company of English soldiers, being quartered near him, assaulted his house, broke open the doors, gave him a dangerous wound on the head, and would have proceeded to the last ex tremities, had not their officers hearing of the violence, happily interposed." Hume. Protests relating to the Proceedings against the Earl of Clarendon.] Nov. 20. The house took into consideration the Report of the Conference with the commons yesterday, concerning the Proceedings against the ear of Clarendon; in order thereunto the Reasons of the commons were read, and then these precedents mentioned by the commons were read: 1. The precedent of the Impeachment against the earl of Strafford, the 11th Nov. 1640. 2. The Impeachment against Wm. Laud, abp. of Canterbury, the 18th Dec. 1640. 3. The Impeachment against the lord Finch, lord keeeper, the 22nd of Dec. 1640. 4. The Impeachment against sir Geo. Radcliffe, the 29th Dec. 1640. And, after a long debate on the first Reason, and the aforesaid precedents, the 2nd, 3rd, 4th, 5th and 6th Reasons were again read. And, after a serious debate thereof, the question being put, Whether, upon these Precedents and Reasons of the commons, and the whole debate thereupon, their lordships are satisfied to comply with the desires of the commons for sequestering from this house, and committing the earl without any particular Treason assigned or specified? It was resolved in the negative. "We whose names are underwritten do according to the antient right and usage of all the peers of the realm assembled in parliament, enter and record our Protestation and particular Dissents as follow, and for these Reasons: 1. That we are satisfied, in agreement with so much of the Reasons of the commons alledged to that purpose, as upon a very long and solemn debate in this house did concur with our sense, that the earl of C. should be committed to custody, without assigning of special matter, until the particular Impeachment shall be exhibited against him by the commons before the lords in parliament; or else, how shall any great officer of the crown, and his accomplices, be prevented from evading to be brought to a fair and speedy trial? 2. We do conceive, that the four precedents urged by the commons for his commitment as aforesaid, and to justify the way of their proceedings by general Impeachment only, are valid, and full to the point of this case; and that the precedent of Wm. de la Pole, duke of Suffolk, in the 28th of Hen. 6, is no precedent at all to the contrary, in regard that it was no judgment nor appeal in parliament, but rather an appeal to the king from the judicature of the parliament, whilst the parliament was sitting, which is not according to the known privilege and customs of this house. 3. The earl of C.'s power and influence in the absolute management of all the great affairs of the realm hath been so notorious, ever since his majesty's happy return into England, until the great seal was taken from him, that whilst he is at liberty few or none of the witnesses will, probably, dare to declare in evidence, all that they know against him; for defect whereof the safety of the king's person, and the peace of the whole kingdom, may be very much endangered. 4. We conceive, that, VOL. IV. in cases of treason and traiterous practices, the commons have an inherent right in them to impeach any peer of the realm; or other subject of England, without assigning of special matter, because treason either against the king's person, or the government established, which are indivisible, is such a speciality in itself alone, that it needs no further specification as to the matter of safe custody; nor can it be suspected, that so honourable a body as the house of commons would have accused a peer of the realm, of the earl of C.'s eminency aud condition, without very good cause.Buckingham, Albemarle, Teynham, W. St. David's, T. Lucas, Cha. Gerrard, Berkshire, Paulett, Howard of Charlton, Pembroke and Montgomery, Rochester, Jo. Duresme, W. Sandys, Jo. Berkeley, Northampton, Kent, Carlisle, Dover, Norwich, Vaughan, Hen. Hereford, Byron, Bathe, Bristol, Arlington, Say and Seale, Powis." Nov. 21. A message was sent to the commons by sir Wm. Childe and sir John Cole, to desire a present conference, concerning the matter of the last conference touching the earl of Clarendon. The messengers sent to the commons returned with this Answer: That the commons are now in debate of matters of great consequence, and will return an answer presently by messengers of their own.—A message was brought from the commons by sir R. Howard and others, to desire a conference upon the last Message. The question being put, Whether to give the commons a present conference upon the last message? It was resolved in the Affirmative." Memorandum. That before the putting of the above question, these lords following desired leave to enter their dissents, if it were carried in the affirmative; which being granted, they do accordingly enter their Dissents, by subscribing their names to the Reasons following: 1. Because the lords having first desired a conference, the commons did not give it. 2. Because there is no precedent, that they can find, of any such proceeding in parliament before this. 3. Because the commons could not tell what was to be offered at the conference desired by the lords. 4. Because, for ought they knew, the lords at the conference intended to agree with the Reasons, or give reasons against them. 5. Because there were no precedents of free conferences (nor can they, as we conceive, be) in points relating to judicature, which is entirely the lords, whose work is to consider the Reasons offered by the commons, and give the rule. Anglesey, Chandos, J. Bridgewater." Dec. 12. An Act for banishing and disenabling the earl of Clarendon, was read a 3rd time. The question being put, whether this Bill shall pass; It was resolved in the affirmative. "I whose name is underwritten do, according to the ancient right and usage of all the peers of the realm assembled in parliament, after due leave demanded from the house in the usual manner and form, as the Journal Book doth shew, enter and record my Protes 2 D the end that it may appear to posterity that we did not give our consents to that Bill, we do now take liberty to enter our Dissents, by subscribing our names. Berkeley of Berkeley, Holles, Ro. Lexington, T. Culpeper." Dec. 19. The king by commission passed the above and four other bills. Immediately after, Mr. Secretary Morrice delivered this Message from the king to the house of commons; "His majesty having by a former Message acquainted you, that he intended an Adjournment to the beginning of Feb.; he doth now conceive, that Thursday the 6th of Feb. is a convenient day to which such an Adjourn ment may be made: and his majesty is willing to adjourn to that time." Accordingly, the Parliament broke up, after it had sat a little above two months, and without any prorogation had now a recess of above seven weeks. [The King's Speech to both Houses.] Feb. 10, 1667-8.-Both houses met again, when his majesty made the following Speech from the throne: tation and dissent as follows: 1. That without having ever been in prison, or imprisonment appointed, or any legal charge brought, it seems unjust to punish the earl of Clarendon for only withdrawing himself; it not being at all certain to the house, that he is gone out of the kingdom; and if it were known to the lords that he were fled beyond the seas, though the fault would be very great in a person who hath lately been in such trust, yet perpetual exile, and being for ever disabled from bearing any office, and the penalties in the Bill, seem too severe a censure. 2. That it may, perhaps, give some occasion for the scandal to have it believed, that the house of commons, and others, by standing so long upon pretence of a privilege to require commitment before special matter of treason assigned, were in doubt, that no proof of treason could be made out against the party accused; and that they had therefore designed, through terror, to make him fly and fear, lest he should, yet return to be tried, in case they should bring in special matter of treason, as they ought to "My lords and gentlemen, I am glad to see do, whensoever they accuse. 3. That by this your here again, to tell you what I have done Bill, power being taken from the king to par- in this interval, which I am confident you will don, it appeareth to be a great entrenchment be pleas'd with, since it is so much for the upon his majesty's royal prerogative. 4. That honour and security of this nation. I have there can be no such case, as have been pre-made a League defensive with the States-Getended, ever to cause a necessity in the house neral of the United Provinces, and likewise of commons not to acquaint the lords with the a League for an efficacious Mediation of Peace particulars openly made known to them, by between the two crowns of France and Spain; which they were first satisfied to find ground into which league, that of Sweden, by its Amto accuse. 5. That the commons, so far bassador, hath offer'd to enter as a principal. judging any article to be treason, as to insist I did not at our last meeting move you for any upon commitment, without imparting the par- Aid, though I lie under great Debts contractticulars to the lords, do seem therein to usurp ed in the last war; but now the posture of our that first part of judicature from the lords, neighbours abroad, and the consequence of the who are the highest court of justice in the new alliance, will oblige me, for our security, kingdom. 6. That to require such commit- to set out a considerable flcet to sea this ment seems to be contrary to the Petition of summer; and because I must build more great Right and Magna Charta, and the rights not ships, and it is as necessary, that I do someonly of the peers and great persons of this thing in order to the fortifying some of our kingdom, but the birth right even of the mean- forts: I have begun something myself in order est subjects; and therefore those proceedings to these ends; but if I have not your speedy not having been according to law and the an- assistance, I shall not be able to go through cient rules of parliament, hath given opportu- with it. Wherefore I do earnestly desire you nity to the earl of C. to absent himself. to take it into your speedy consideration; for 7. The commitment upon a general Impeach- the loss of a little time now may beget a prement hath been heretofore, and may be again, judice not to be repaired. And for the setof most evil and dangerous consequence; tling a firm Peace, as well at home as abroad, and as is conceived, the lords have yet one thing more I hold myself obliged to recomno way for them so well to justify their mend to you, at this present; which is, That fair and upright proceedings in the earl of you would seriously think of some course to beget Clarendon's business, and the true regard a better union and composure in the minds of that they have had herein to the king my Protestant Subjects in matters of Religion; and kingdom, as to decline this Bill of Banish- whereby they may be induced not only to subment, and to expect a particular accusation of mit quietly to the government, but also cheerthe said carl; and thereupon according to law fully give their assistance for the support of it." and justice to appoint him a day for appear- The Duke of Albemarle's Narrative of the Mis ance, which if he observe not, without farther carriages of the late War.] The commons deprocess, sentence might lawfully be pronounc-ferred the consideration of this Speech till after ed against him. Strafford." "We having this day given our negatives to the passing of a Bill for banishing and disenabling the earl Clarendon; and having asked leave of the house to enter our Dissents, to the Committee appointed to enquire into the Miscarriages of the late War, had given in their Reports. In order to which the duke of Albemarle, prince Rupert, and even the duke of York himself, laid each his own Account before them. That of the duke of Albemarle | had before ordered to be there, nor yet come being as follows: down; and instead of thick, oaken planks, (of which there was good store in the yards, as it afterwards appeared) the commissioner would only send planks of deal, saying, he had no other; which proyed very prejudicial in the use of them: for they were so weak, that at every shot the wheels sunk through the boards, which put us to a continual trouble to get them. out.-About noon, before the batteries were quite raised, the enemy came on to the place where our first ships were sunk: I went on board the Monmouth with 50 volunteers, and appointed soldiers in other ships to make the best defence we could, if they had proceeded; but they were so incumbered before they could clear the way through the sunk ships, and find another passage, that the tide was spent, and therefore they made no further advance that day; whereby we had time to consider what to do against the next attempt. There were two ships ordered to lie within the chain, to be ready to sink, if occasion should be: and wanting one ship more to sink in the middle between these two ships, I that night ordered the Sancta Maria, a great Dutch prize, to be sunk in the deepest place between the two aforesaid ships; and I judged it so necessary to be done, that I charged Pett, and the master of attendance, on peril of their lives, to do it by morning; they having time enough before the tide served to provide things to carry her down. Pett, who had received orders from h. r. h. on the 26th of March to remove the Royal Charles above the Dock, had, for about 9 or 10 weeks, neglected those orders and, when I was getting all the boats I could (for I wanted many) for carrying materials for the batteries, and ammunition and soldiers for the defence of all our places, he came and told ine, He would carry her up that tide, if he might have boats, which I could not then spare: for if they were gone, all our batteries must have been neglected, and I could not transport the timber, powder and shot, and men to them, to resist the enemy the next day. And beside, it was advised that instant, if the Dutch should have landed in the marsh by the crane, she might have been useful and have hindered them, having guns on board. Never "I went early on Tuesday the 11th of June to Chatham, where I found scarce 12 of 800 men, which were then in the king's pay, in his majesty's yards; and those so distracted with fear, that I could have little or no service from then. I had heard of 30 boats, which were provided by his royal highness; but they were all, except 5 or 6, taken away by those of the yards, who went themselves with them, and sent and took them away by the example of commissioner Pett, who had the chief command there, and sent away his own goods in some of them. I found no ammunition there, but what was in the Monmouth; so that I presently sent to Gravesend for the train to be sent to me, which got thither about 2 the next day. After I had dispatched this order, I went to visit the Chain, which was the next thing to be fortified for the security of the River; where I found no works for the defence of it. I then immediately set soldiers to work for the raising of two batteries, for there were no other men to be got; and when I employed them in it, I found it very difficult to get tools; for commissioner Pett would not furnish us with above 30, till by breaking open the stores we found more. I then directed timber and thick planks to be sent to the batteries and guns also, that they might be ready to be planted as soon as the batteries were made; and in the next place I sent capt. Wintour with his company to Upnore-Castle, which I took to be a place very fit to hinder the enemy from coming forwards, if they should force the chain: and upon further consideration, though I had horse near the fort, lest the enemy should land there, I commanded sir Edw. Scot, with his company, for a further strength of the place; and gave him the charge of it, with orders to let me know what he wanted for the security thereof. Having thus provided for Upnore, I considered where to sink ships without the Chain, next to the enemy, as a further security to it. I found 5 fire-ships, and the Unity upon the place; and advising with commissioner Pett, and the master of attendance, and the pilot, how to do it; Pett told me, It was their opinion, that if 3 ships were sunk at the narrow passage by the Muscle- Bank, the Dutch Fleettheless, having notice shortly after, that there could not be able to come up and I, relying upon their experience who best knew the River, gave orders accordingly for the doing of it. But when this was done, they said they wanted two ships more, which I directed them to take and sink. After this, I ordered sir Edw. Spragg to take a boat and sound whether the sinking of those would sufficiently secure the Passage (which the pilot and master of attendance had not before observed) that was deep enough for great ships to come in; I thereupon resolved to sink some ships within the chain, and provide some against there should be occasion. I went then to look after the other ships and batteries, and to see the men and all things ready; but I found the guns, which I was neither sponge, ladle, powder nor shot in her, I sent capt. Millet, commander of the Matthias, about ten in the morning with orders to Pett to carry her up as he could the next tide; who pretended he could not then do it because there was but one pilot that would undertake it, and he was employed about sinking of ships. And seeing she was not removed in the morning, I myself spoke to Pett in the evening, in the presence of col. MacNoughton and cap. Mainsfield, to fetch her off that tide; but notwithstanding these orders, the ship was not removed, but lay there till the enemy took her. On the same morning, by break of day, I went to see what was done about the Sancta Maria, and found men towing those ships; but those being burnt, as soon as the tide turned, they went back, and made no further attempt. I had, in the morning before this action, received his majesty's command to return to London; but I thought it most for his service to stay till the attempt was over: and then, having left upon the place the earl of Carlisle, and the earl of Middleton to command there till further order, I came away about 8 in the evening, and by two in the morning arrived at London." Some Miscarriages in the late War voted.] From this and other Examinations, the commons discovered and voted several Miscarriages in the late War, and particularly in the Expedition at Berghen; in the plundering the EastIndia ships while the Dutch passed by; in the not setting out a sufficient Fleet last year; in the separation of those that were out, so that they became useless: in the want of provision and ammunition in the fleet, and in the forts; in payment of the seamen by tickets; in the want of intelligence, and dividing the fleets in the second year of the war; in the business of Chatham, &c. And they particularly resolved, "That, notwithstanding his majesty had 18,000 men in pay, in dispersed ships in the year 1667, there was not a sufficient number of ships left to secure the Rivers Medway and Thames." They strictly examined into one Miscarriage as to the first Battle against the Dutch, in which it appeared, That if the orders of the duke of York had been strictly observed, as they ought, in that Engagement, the whole fleet of the enemy had probably been destroyed.' For this, Mr. Brunkard, a member of the house, was accused of giving false orders to sir John Harman to slacken sail, while the duke was reposing himself, and when they were pursuing the enemy with the utmost advantage; for which Mr. Brunkard* was both expelled the house, and ordered to be impeached. her along to the place intended, and they had | fireships, we had prevented the burning of time enough to do their business: but soon after I had dispersed my orders to the ships, I looked and saw the Sancta Maria, by the carelessness of the pilots and masters of attendance, was run on ground, at which I was much troubled: for if that ship had been sunk in the place where I appointed, the Dutch Ships could not have got beyond those of ours sunk within the chain, and thereby none of the king's ships within could have been destroyed, in regard that our guard-ships within our batteries would have hindered them from removing our sunk ships.-About ten o'clock on Wednesday, the enemy came on with part of their fleet, and two men of war, 5 or 6 fireships, and some other men of war seconding them. They first attempted the Unity, which was placed on the right-hand close without the Chain to defend it; and they took her; and one of their fireships struck upon the chain, but it stopped it. Then came another great fireship, and with the weight of the two the chain gave way; and then the ships came on in that very passage where the Sancta Maria should have been sunk. They burnt the two guard-ships, and took off the Royal Charles, wherein the gunners and boat-swain did not do their duty in firing her, though they say they attempted it twice, but the fire did not take. This was all that I observed of the enemies action on Wednesday. Our next care was to provide against the tide which served the next day I enquired what had been done by sir Edw. Scott at Upnore, and sent him as many of those things he needed as I could get boats to carry them to him, and sent likewise a company more than was formerly ordered, to reinforce the place in case of landing; and then directed 3 batteries to be made in the king's Yard; but could not get a carpenter, but two that were running away. I also planted that night about 50 cannon in several places, besides those that came with the train of artillery, which were also planted; I staid all night in the place with the men, and having no money to pay them, all I could do or say was little enough for their encouragement: for I had no assistance from commissioner Pett, nor no gunners or men to draw on the guns, except the two masters of attendance.On Thursday morning betimes, Upnore was in a pretty good condition, and our batteries ready: I got some captains of ships and other officers, sea-volunteers, and others that came to me, to ply the guns; and other land-volunteers did assist them to draw them on the batteries. About noon the enemy came on again with two men of war, and two fireships, and some more men of war following them: the first two anchored before Upnore, and played upon it whilst the fireships passed up to the Great James, the Royal Oak, and the Loyal London: The two first fireships burnt without any effect; but the rest went up and burnt the three ships mentioned: and if we had had but 5 or 6 boats to cut off the boats of the Impeachment of Commissioner Pett.] The Miscarriage at Chatham was so conspicuous, that the house thought they could do no less than impeach Commissioner Pett for so great a delinquency in that affair: accordingly, they drew up Articles against him to this effect: I. "That the said Peter Pett, being a commissioner especially authorized and entrusted with the care of his majesty's yards, stores and provisions of the Royal Navy at Chatham, and having received orders from the duke of York about the 26th of March last, requiring him to bring up and moor his majesty's ship, the *"Mr. Brunkard's ill course of life, and his abominable nature, rendered him so odious, that this affair of slacking sait was taken notice of in parliament, and upon examination found to be true; upon which he was expelled the house of commons, as an infamous person, though his friend Coventry adhered to him, and used many indirect arts to have protected him." Lord Clarendon's Life, p. 270. |