797]

PARL. HISTORY, 27 CHARLES II. 1675.-on Dr. Shirley's Appeal.

[798

time of leisure for you to vindicate your privi- offered, that other your lordships have. And leges, you must never expect one. I could al- therefore, my lords, I must necessarily think most say, that the harmony, good agreement, and accord that is to be prayed for at most other times, may be fatal to us now; we owe we differ in principles, and then it is very easy the peace of these last two years, and the dis- or affect the conscience of the best men of a to apprehend, what is the clearest sense to engagement from the French interest, to the different one. men of my principles, may not at all persuade two houses differing from the sense and opi- plainly as it is now before us. My principle nion of Whitehall, so at this time the thing in is, 'That the king is king by law, and by the same I put your lordships the case the world this nation hath most reason to law that the poor man enjoys his cottage;' and apprehend is a general peace, which cannot now happen without very advantageous terms land, that has but his liberty, to maintain and to the French, and disadvantageous to the defend, to his utmost, the king in all his rights so it becomes the concern of every man in Enghouse of Austria. We are the king's great and prerogatives. My principle is also, 'That counsellors, and if so, have right to differ, and the lords house, and the judicature and rights give contrary counsels to those few that are belonging to it, are an essential part of the nearest about him: I fear they would ad- government, and established by the same law :' vance a general peace, I am sure I would ad- the king governing and administering justice by vise against it, and hinder it at this time by all his house of lords, and advising with both his the ways imaginable. thing from you may add weight and reputation is the government I own, am born under, and I heartily wish, no- houses of parliament in all important matters, to those councils, which would assist the French. am obliged to. No money for Ships, nor preparations you can in future ages (which, God forbid) a king gomake, nor personal assurances our prince can verning by an army, without his parliament, it If ever there should happen have, can secure us from the French, if they is a government I own not, am not obliged to, are at leisure. He is grown the most potent nor was born under. According to this prinof us all at sea: he has built 24 ships this last ciple, every honest man that holds it, must enyear, and has 30 more in number than we; deavour equally to preserve the frame of the besides the advantage, that our ships are all government, in all the parts of it, and cannot out of order, and his so exquisitely provided satisfy his conscience to give up the lords for, that every ship has its particular store- house for the service of the crown, or to take house. It is incredible the money he hath, away the just rights and privileges of the house and is bestowing in making harbours; he of commons, to please the lords. But there is makes nature itself give way to the vastness of another principle got into the world, my lords, his expence; and, after all this, shall a prince that hath not been long there; for abp. Laud so wise, so intent upon his affairs, be thought was the first author that I remember of it; to make all these preparations to sail over and I cannot find that the Jesuits, or indeed land, and fall on the back of Hungary, and the Popish clergy have ever owned it, but batter the walls of Kaminitz? or is it possible some of the episcopal clergy of our British be should oversee his interest in seizing of Ire- Isles; and withal, as it is new, so it is the land, a thing so feasible to him, if he be master of the seas, as he certainly now is; and government and law, that ever was. which, when attained, gives him all the South- first of the Canons published by the Convomost dangerous, destructive doctrine to our ern, Mediterranean, East and West India trade, cation, 1640, That Monarchy is of divine and renders him, both by situation, and excel-Right.' This doctrine was then preached up, It is the lent harbours, perpetual master of the seas, without dispute?-My Lords, to conclude this point, I fear the court of England is greatly mistaken in it, and I do not wish them the reputation of the concurrence of the kingdom; and this out of the most sincerc loyalty to his majesty, and love to my nation.-My Lords, I have but one thing more to trouble you with, and that, peradventure, is a consideration of the greatest weight and concern, both to your lordships, and the whole nation. I have often seen in this house, that the arguments with strongest reason, and most convincing to the lay-lords in general, have not had the same effect upon the bishop's bench; but that they have unanimously gone against us in matters, that many of us have thought essential and undoubted rights and I consider, that it is not possible, that men of great learning, piety, and reason, as their lordships are, should not have the same care of doing right, and the same conviction of what is right, upon clear reason

:

and maintained by Sibthorp, Manwaring, and
others, and of later years, by a Book published
by Dr. Sanderson, bishop of Lincoln, under
spread amongst our dignified clergy, is very
easily known. We all agree, that the king and
the name of abp. Usher; and how much it is
his government is to be obeyed for conscience
sake; and that the divine precepts require,
not only here, but in all parts of the world,
obedience to lawful governors. But that this
family are our kings, and this particular frame
of government is our lawful constitution, and
obliges us, is owing only to the particular laws
of our country. This Laudean doctrine was the
root that produced the Bill of Test, last session;
and some very perplexed Oaths, that are of the
same nature with that, and yet imposed by
several acts this parliament.-In a word, if this
doctrine be true, our Magna Charta is of no
use, our laws are but rules amongst ourselves
during the king's pleasure. Monarchy, if of
Divine Right, cannot be bounded or limited

1. "Because it seems contrary to the use and practice of this high court (which gives example to all other courts) upon a bare Petition of the plaintiff Dr. Shirley, in a cause depending last session, and discontinued by prorogation, to appoint a day for hearing of the cause before the defendant is so much as summoned, or appears in Court, or to be alive. 2. The defendant, by the rules of this court, having liberty upon summons to make a new Answer, as sir Jeremy Whitchcott was ad- * In the APPENDIX to the present volume, mitted, after summons, to do last session in No. VII, will be found a curious Tract written Darrel's Cause against him, discontinued by by the Earl of Shaftsbury, entitled "The Deprorogation, or to mend his Answer, or to "bate or Arguments for Dissolving this preplead, as he shall see cause, is deprived of "sent Parliament and the calling frequent and this and other benefits of law, by appointing" new Parliaments. As they were delivered a day of hearing without these essential "in the House of Lords, Nov. 20, 1675.”

Protest against rejecting the Address for dissolving the Parliament.] Upon the rejection of this Address, the following Protest was entered:

reduce their grants. They were reproached | views: the Duke wanted to get rid of this for having several times rejected, with scorn, house of commons, because of their zeal against a Bill for the more fair and equal Trial of the the catholics; and in hope, that, by a confePeers. It was said, seriously, that they had deracy with the other nonconformists, such a never met without exciting the greatest appre- change might be made in the representative hensions in all sober and wise men, and ironi- part of the legislature, as might pave the way cally, that it was owing to the goodness of the for a general toleration: the rest, because the prince, and the virtue of the members, that two parties approached too near an equality; honours, offices, pensions, money, employments because the condescensions of the king, or the and gifts, had not been bestowed and accepted practices of his ministers, might, in a day's' as a consideration for reducing the government time, take the game out of their hands, and to the model of France, Denmark, &c. where put the lurch upon them. the will and pleasure of the prince had taken place of the laws. It was added, 'How easily this may be done in future ages, under such princes, and such an house of commons as may happen, if long and continued parliaments,' be allowed for law, may be made some measure of judging by this; where, though the prince had no design, and the members of the house of commons have shewed so great candour and self-denial, yet the best observers are apt to think, that we owe it to the strong and opposite factions at court, that many things of great alterations have not passed. It was also observed, that in former times when parliaments were short and frequent, the members constantly received their Wages, both from their counties and boroughs; many of the poorer boroughs petitioned to be excused from seuding members, as not being able to bear their charge, and were so: laws were made in favour of the gentry, that corporations should compel none but the freemen of their own town to serve for them; nay, that in all the ancient returns of writs for knights of the shires, their sureties for their appearance were returned with them. But that now the case was so altered, that 1500l. and 2000l. and lately 7000l. was a price that men paid to be entrusted. That it was to be hoped the charity of those worthy persons, and their zeal for the public interest, had induced them to be at this expence but that it were better to be otherwise, there being a scurvy English Proverb, That men that buy dear, cannot live by selling cheap."-The debate continued till 8 o'clock, when it passed in the negative by two voices. Content, 48; not content, 50. At the head of the lords who were for the Address, appeared the duke of York, who by his conduct on this occasion has given much credit to the Politics in Mr. Coleman's Historical Letter to Father le Chaise. His royal highness, however, was not followed by the whole body of Catholic peers; for some of them divided against him, and in particular, the celebrated earl of Bristol, so often mentioned in the beginning of this reign. The Lists on this division were remarkable in several respects, but in nothing more, than to see the names of Buckingham, Shaftsbury, Essex, Wharton, Holles, Townsend, &c. follow in train, after that of the presumptive heir, whom they so soon after, with so much violence, endeavoured to set aside.-But though they joined in the measure, it was with very different VOL. IV.

"We whose names are underwritten, peers of this realm, having proposed that an humble Address might be made to his majesty from this house, That he would be graciously pleased to dissolve this parliament; and the house having carried the Vote in the negative for the justification of our loyal intentions towards his majesty's service, and of our true respect and deference to this hon. house, and to shew that we have no sinister or indirect ends in this our humble proposal, do with all humility herein set forth the Grounds and Reasons why we were of opinion that the said humble Address should have been made: 1. We do humbly conceive, that it is according to the ancient laws and statutes of this realm, that there should be frequent and new parliaments; and that the practice of several hundred years hath been accordingly. 2. It seems not reasonable, that any particular number of men should for many years engross so great a trust of the people, as to be their representatives in the house of commons; and that all other the gentry and the members of corporations of the same degree and quality with them should be so long excluded: neither, as we humbly conceive, is it advantageous to the government, that the counties, cities, and boroughs, should be confined for so long a time to such members as they have once chosen to serve for them; the mutual correspondence and interest of those who choose and are chosen admitting great variations in length of time. 3. The long continuance of any such as are intrusted for others, and who have so great a power over the purse of the nation, must, in our humble opinion, naturally endanger the producing of Factions and Parties, and the carrying on of particular interests and designs, rather than the public good.-And we are the more confirmed in our desires for the said humble Address, by reason of this unhappy Breach fallen out betwixt the two houses, of which the house of peers hath not given the least occasion; they having done nothing but what their ancestors and predecessors have in all times done, and what is according to their duty, and for the interest of the people, that they should do; which notwithstanding, the house of commons have proceeded in such an unprece dented and extraordinary way, that it is

3 F

The Parliament prorogued for 15 Months.] The above were all the lords who were in the house early enough to set their names, before the king came to prorogue the parliament; which he did to the 15th of February twelvemonth.

in our humble opinion become altogether im- | side was willing, without a visible advantage, practicable for the two houses, as the case to hazard a general action, which might be atstands, jointly to pursue those great and good tended either with the entire loss of Flanders ends for which they were called. For these on one hand, or the invasion of France on the Reasons, we do enter this our Protestation other. Lewis, tired of so unactive a campaign, against, and Dissent unto, the said Vote: returned to Versailles; and the whole sumBuckingham, Shaftsbury, Dorset, Newport, mer passed in the Low Countries without any Westmoreland, P. Wharton, Delamer, Grey memorable event.-The French, who, twelve de Rollestone, Salisbury, Mohun, Stamford, years before, had scarcely a ship of war in any H. Sandys, Howard E. of Berks, Clarendon, of their harbours, had raised themselves, by Townshend, J. Bridgewater, F. Fauconberg, means of perseverance and policy, to be, in Halifax, Winchester, Yarmouth, Chesterfield, their present force, though not in their reWilliam Petre." sources, the first maritime power in Europe. The Dutch, while in alliance with them against England, had supplied them with several vessels, and had taught them the rudiments of the difficult art of ship-building. The English next, when in alliance with them against Holland, instructed them in the method of fighting Principal Occurrences during the long Re- their ships, and of preserving order in naval cess-Coffee Houses suppressed by Proclama- engagements. Lewis availed himself of every tion-Congress of Nimeguen-Campaign of opportunity to aggrandize his people, while 1676-Uncertain Conduct of the King.] Soon Charles, sunk in indolence and pleasure, negafter the prorogation," says Mr. Hume, "there lected all the noble arts of government; or if passed an incident, which in itself is trivial, at any time he roused himself from his letharbut tends strongly to mark the genius of the gy, that industry, by reason of the unhappy English government, and of Charles's adminis- projects which he embraced, was often more tration, during this period. The liberty of the pernicious to the public than his inactivity itconstitution, and the variety as well as vio- self. He was as anxious to promote the naval lence of the parties, had begotten a propensity power of France, as if the safety of his crown for political conversation; and as the Coffee- had depended on it; and many of the plans Houses in particular were the scenes, where the executed in that kingdom, were first, it is said, conduct of the king and the ministry was can- digested and corrected by him.-The sucvassed with great freedom, a proclamation was cesses of the allies had been considerable the issued to suppress these places of rendezvous. last campaign; but the Spaniards and ImpeSuch an act of power, during former reigns, rialists well knew, that France was not yet would have been grounded entirely on the pre-sufficiently broken, nor willing to submit to rogative; and before the accession of the the terms which they resolved to impose upon house of Stuart, no scruple would have been her. Though they could not refuse the king's entertained with regard to that exercise of au- mediation, and Nimeguen, after many diffithority. But Charles, finding doubts to arise culties, was at last fixed on as the place of upon this proclamation, had recourse to the congress; yet, under one pretence or other, judges, who supplied him with a chicane, and they still delayed sending their ambasadors, that too a frivolous one, by which he might and no progress was made in the negotiation. justify his proceedings. The law, which set- Lord Berkely, sir Wm. Temple, and sir Lionel tled the excise, enacted, that licenses for re- Jenkins, were the English ministers at Nimetailing liquors might be refused to such as could guen. The Dutch, who were impatient for not find security for payment of the duties. peace, soon appeared: Lewis, who hoped to But coffee was not a liquor subjected to ex- divide the allies, and who knew that he himcise; and even this power of refusing licenses self could neither be seduced nor forced into a was very limited, and could not reasonably be disadvantageous peace, sent ambassadors: the extended beyond the intention of the act. Swedes, who hoped to recover by treaty what The king therefore, observing the people to be they had lost by arms, were also forward to much dissatisfied, yielded to a petition of the negotiate. But as these powers could not coffee-men, who promised for the future to proceed of themselves to settle terms, the conrestrain all seditious discourse in their houses; gress, hitherto, served merely as an amuseand the proclamation was recalled.-This ment to the public.-It was by the events of campaign proved more fortunate to the confe- the campaign, not the conferences among the derates than any other during the whole war. negotiators, that the articles of peace were to The French took the field in Flanders with a be determined. The Spanish towns, ill fortinumerous army; and Lewis himself served as a fied and worse defended, made but a feeble revolunteer under the prince of Condé. But not-sistance to Lewis; who, by laying up maga withstanding his great preparations, he could gain no advantages but the taking of Huy and Limbourg, places of small consequence. The prince of Orange, with a considerable army, opposed him in all his motions; and neither

zines during the winter, was able to take the field early in the spring, before the forage could be found in the open country. In the month of April he laid siege to Condé, and took it by storm in four days. Having sent

their monarchy was fallen, were distracted with domestic dissensions between the parties of the queen regent and don John, natural brother to their young sovereign. Though unable of themselves to defend Flanders, they were resolute not to conclude a peace, which would leave it exposed to every assault or inroad; and while this made the most magnificent promises to the States, their real trust was in the protection of England. They saw that, if that small but important territory were once subdued by France, the Hollanders, exposed to so terrible a power, would fall into dependance, and would endeavour, by submissions, to ward off that destruction to which a war, in the heart of their state, must necessarily expose them. They believed that Lewis, sensible how much greater advantages he might

the duke of Orleans to besiege Bouchaine, a small but important fortress, he posted himself so advantageously with his main army, as to hinder the confederates from relieving it, or fighting without disadvantage. The prince of Orange, in spite of the difficulties of the season, and the want of provisions, came in sight of the French army; but his industry served to no other purpose than to render him spectator of the surrender of Bouchaine. Both armies stood in awe of each other, and were unwilling to hazard an action, which might be attended with the most important consequences. Lewis, though he wanted not personal courage, was little enterprising in the field; and being resolved this campaign to rest contented with the advantages which he had so early obtained, he thought proper to intrust his army to mareschal Schomberg, and retired himself to Ver-reap from the alliance than from the subjection sailles. After his departure, the prince of of the republic, which must scatter its people Orange laid siege to Maestricht; but meeting and depress its commerce, would be satisfied with an obstinate resistance, he was obliged, on with very moderate conditions, and would the approach of Schomberg, who in the mean turn his enterprises against his other neightime had taken Aire, to raise the siege. He bours. They thought it impossible but the peowas incapaple of yielding to adversity, or bend- ple and the parliament of England, foreseeing ing under misfortunes: but he began to fore- these obvious consequences, must at last force see, that, by the negligence and errors of his the king to take part in the affairs of the conallies, the war in Flanders must necessarily tinent, in which their interests were so deeply have a very unfortunate issue.—On the Upper concerned. And they trusted, that even the Rhine, Philipsbourg was taken by the Impe- king himself, on the approach of so great a rialists. In Pomerania, the Swedes were so danger, must open his eyes, and sacrifice his unsuccessful against the Danes and Branden- prejudices in favour of France, to the safety of burghers, that they seemed to be losing apace his own dominions.-But Charles here found all those possessions, which, with so much va- himself entangled in such opposite motives lour and good fortune, they had acquired in and engagements, as he had not resolution Germany.-About the beginning of winter, enough to break, or patience to unravel. On the Congress of Nimeguen was pretty full, and the one hand, he always regarded his alliance the plenipotentiaries of the emperor and Spain, with France as a sure resource in case of any two powers strictly con-joined by blood and commotions among his own subjects; and alliance, at last appeared. The Dutch had whatever schemes he might still retain for threatened, if they absented themselves any enlarging his authority, or altering the eslonger, to proceed to a separate treaty with tablished religion, it was from that quarter France. In the conferences and negotiations, alone he could expect assistance. He had the dispositions of the parties became every actually in secret sold his neutrality to France, day more apparent.-The Hollanders, loaded and he received remittances of a million with debts and harrassed with taxes, were de- of livres a-year, which was afterwards insirous of putting an end to a war; in which, creased to two millions; a considerable supbesides the disadvantages attending all leagues, ply in the present embarrassed state of his rethe weakness of the Spaniards, the divisions venue. And he dreaded lest the parliament and delays of the Germans, prognosticated no- should treat him as they had formerly done his thing but disgrace and misfortune. Their father; and after they had engaged him in a commerce languished; and what gave them war on the continent, should take advantage still greater anxiety, the commerce of England, of his necessities, and make him purchase supby reason of her neutrality, flourished ex-plies by sacrificing his prerogative and abantremely; and they were apprehensive, lest advantages, once lost, would never thoroughly be regained. They had themselves no farther motive for continuing the war, than to secure a good frontier to Flanders; but gratitude to their allies still engaged them to try whether another campaign might procure a peace, which would give general satisfaction. The prince of Orange, urged by motives of honour, of ambition, and of animosity against France, endeavoured to keep them steady to this resolution.-The Spaniards, not to mention the other incurable weaknesses into which

doning his ministers.-On the other hand, the cries of his people and parliament, seconded by Danby, Arlington, and most of his ministers, incited him to take part with the allies, and to correct the unequal balance of power in Europe. He might apprehend danger from opposing such earnest desires: he might hope for large supplies if he concurred with them: And however inglorious and indolent his disposition, the renown of acting as arbiter of Europe would probably at intervals rouse him from his lethargy, and move hini to support the high character with which he stood invest