1675.

13

pose, than to signalize in their turn the triumph of CHAP. one faction over another: That the simplicity LXVI. retained in the ancient laws of England, as well as in the laws of every other country, ought still to be preserved, and was best calculated to prevent the extremes on either side: That the absolute exclusion of resistance, in all possible cases, was founded on falfe principles; its express admission might be attended with dangerous consequences; and there was no necessity for exposing the public to either inconvenience: That if a choice must necessarily be made in the case, the preference of utility to truth in public institutions was apparent; nor could the supposition of resistance beforehand, and in general terms, be safely admitted in any government: That even in mixt monarchies, where that supposition seemed most requisite, it was yet entirely superfluous; since no man, on the approach of extraordinary necessity, could be at a loss, though not directed by legal declarations, to find the proper remedy: That even those who might, at a distance, and by scholastic reasoning, exclude all resistance, would yet hearken to the voice of nature; when evident ruin, both to themselves and to the public, must attend a strict adherence to their pretended principles: That the question, as it ought thus to be entirely excluded from all determinations of the legislature, was, even among private reasoners, somewhat frivolous, and little better than a dispute of words: That the one party could not pretend that resistance ought ever to become a familiar practice; the other would surely have recourse to it in great extremities: And thus the difference could only turn on the degrees of danger or oppression, which would warrant this irregular remedy; a difference, which, in a general question, it was impossible, by any language, precisely to fix or determine.

THERE

CHAP.

1675.

THERE were many other absurdities in this test, LXVI. particularly that of binding men by oath not to alter the government either in church or state; since all human institutions are liable to abuse, and require continual amendments, which are, in reality, so many alterations. It is not indeed possible to make a law which does not innovate, more or less, in the government. These difficulties produced such obstructions to the bill, that it was carried only by two voices in the house of peers. All the popish lords, headed by the Earl of Bristol, voted against it. It was sent down to the house of commons, where it was likely to undergo a scrutiny still more severe.

BUT a quarrel, which ensued between the two houses, prevented the passing of every bill projected during the present session. One Dr. Shirley, being cast in a law-suit before chancery against Sir John Fag, a member of the house of commons, preferred a petition of appeal to the house of peers. The lords received it, and summoned Fag to appear before them. He complained to the lower house, who espoused his cause. They not only maintained, that no member of their house could be summoned before the peers: They also asserted, that the upper house could receive no appeals from any court of equity; a pretension which extremely retrenched the jurisdiction of the peers, and which was contrary to the practice which had prevailed during this whole century. The commons send Shirley to prison; the lords assert their powers. Conferences are tried ; but no accommodation ensues. Four lawyers are sent to the Tower by the commons, for transgressing the orders of the house, and pleading in this cause before the peers. The peers denominate this arbitrary commitment a breach of the great charter, and order the lieutenant of the Tower to release the prisoners: He declines obedience: They apply to the King, and desire him to punish the

lieutenant

1675.

lieutenant for his contempt. The King summons CHAP. both houses; exhorts them to unanimity; and in- LXVI. forms them that the present quarrel had arisen from the contrivance of his and their enemies, who expected by that means to force a dissolution of the parliament. His advice has no effect: The commons continue as violent as ever; and the King, finding that no business could be finished, at last prorogued the parliament.

8th June.

WHEN the parliament was again assembled there Oct. 13. appeared not in any respect a change in the dispo- A parsitions of either house. The King desired supplies, liament. as well for the building of ships, as for taking off anticipations, which lay upon his revenue. He even confessed, that he had not been altogether so frugal as he might have been, and as he resolved to be for the future; though he asserted, that, to his great satisfaction, he had found his expences by no means so exorbitant as some had represented them. The commons took into consideration the subject of supply. They voted 300,000 pounds for the building of ships; but they appropriated the sum by very strict clauses. They passed a resolution not to grant any supply for taking off the anticipations of the revenue. This vote was carried, in a full house, by a majority of four only: So nearly were the parties balanced. The quarrel was revived, to which Dr. Shirley's cause had given occasion. The proceedings of the commons discovered the same violence as during the last session. A motion was made in the house of peers, but rejected, for addressing the King to dissolve the present parliament. The King contented himself with proroguing them to a very long term. Whether these quarrels between the Nov. 22.

• Several historians have affirmed, that the commons found, this session, upon inquiry, that the King's revenue was 1,600,000 pounds a-year, and that the necessary expence was but 700,000 pounds; and have appealed to the Journals for a proof. But there is not the least appearance of this in the Journals; and the fact is impossible.

houses

1675.

CHAP. houses arose from contrivance or accident was LXVI. not certainly known. Each party might, according to their different views, esteem themselves either gainers or losers by them. The court might desire to obstruct all attacks from the commons, by giving them other employment. The country party might desire the dissolution of a parliament, which, notwithstanding all disgusts, still contained too many royalists, ever to serve all the purposes of the malcon

tents.

SOON after the prorogation, there passed an incident, which in itself is trivial, but tends strongly to mark the genius of the English government, and of Charles's administration, during this period. The liberty of the constitution, and the variety as well as violence of the parties, had begotten a propensity for political conversation; and as the coffee-houses in particular were the scenes, where the conduct of the King and the ministry was canvassed with great freedom, a proclamation was issued to suppress these places of rendezvous. Such an act of power, during former reigns, would have been grounded entirely on the prerogative; and before the accession of the house of Stuart, no scruple would have been entertained with regard to that exercise of authority. But Charles, finding doubts to arise upon his proclamation, had recourse to the judges, who supplied him with a chicane, and that too a frivolous one, by which he might justify his proceedings. The law, which settled the excise, enacted, that licences for retailing liquors might be refused to such as could not find security for payment of the duties. But coffee was not a liquor subjected to excise; and even this power of refusing licences was very limited, and could not reasonably be extended beyond the intention of the act. The King, therefore, obserying the people to be much dissatisfied, yielded to a petition of the coffee-men, who promised for the future to restrain all seditious discourse in their houses; and the proclamation was recalled.

1675.

THIS campaign proved more fortunate to the con- CHAP. federates than any other during the whole war. The LXVI. French took the field in Flanders with a numerous army; and Lewis himself served as a volunteer under the Prince of Condé. But, notwithstanding his of 1675 Campaign 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 side was willing, without a visible advantage, to hazard a general action, which might be attended either with the entire loss, of Flanders on the one hand, or the invasion of France on the other. Lewis, tired of so inactive a campaign, returned to Versailles; and the whole summer passed in the Low Countries without any memorable event.

TURENNE commanded on the Upper Rhine, in opposition to his great rival Montecuculi, general of the Imperialists. The object of the latter was to pass the Rhine, to penetrate into Alsace, Lorraine, or Burgundy, and to fix his quarters in these provinces; The aim of the former was to guard the French frontiers, and to disappoint all the schemes of his enemy. The most consummate skill was displayed on both sides; and if any superiority appeared in Turenne's conduct, it was chiefly ascribed to his greater vigour of body, by which he was enabled to inspect all the posts in person, and could on the spot take the justest measures for the execution of his designs. By posting himself on the German side of the Rhine, he not only kept Montecuculi from passing that river: He had also laid his plan in so masterly a manner, that, in a few days, he must have obliged the Germans to decamp, and have gained a considerable advantage over them; when a period was put to his life, by a random shot, which struck him on the breast as he was taking a view of the enemy. The consternation of his army was inex

pressi