by human laws; nay, what is more, cannot bind itself and all our claims of Right by the law, or constitution of the government, all the jurisdiction and privilege of this house, all the rights and privileges of the house of commons, all the properties and liberties of the people, are to give way not only to the interest, but the will and pleasure of the crown. And the best and worthiest of men, holding this principle, must vote to deliver up all we have, not only when reasons of state and the separate interest of the crown require it, but when the will and pleasure of the king is known, and would have it so. For that must be, to a man of that principle, the only rule and measure of right and justice. Therefore, my lords, you see how necessary it is, that all our principles be known; and how fatal to us all it is, that this principle should be suffered to spread any farther.-My Lords, to conclude, your lordships have seen of what consequence this matter is to you, and that the appointing a day to consider, is no less than declaring yourselves doubtful, upon second and deliberate thoughts, that you put yourselves out of your own hands, into more than a moral probability of having this session made a precedent against you. You see your duty to yourselves and the people; and that it is really not the interest of the house of commons, but may be the inclination of the court, that you lose the power of Appeals: but I beg our house may not be felo de se, but that your lordships would take in this affair, the only course to preserve yourselves, and appoint a day, this day three weeks, for the hearing Dr. Shirley's Cause, which is my humble motion." Protest on appointing a day for hearing Dr. Shirley's Cause.] The debate being over, and the house being resumed, the question was put, Whether the 20th of Nov. shall be the day appointed for the hearing of the Cause between Dr. Shirley and sir John Fagg? It was resolved in the Affirmative.-Before the putting the said question, leave being demanded and given to such lords as thought fit (if the same were carried in the affirmative) to enter their Protestation and Dissent; accordingly this Protestation is entered against the said Vote, for the Reasons following: 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 sum forms. 3. It appears, by the plaintiff's own shewing in his Petition, that his case against a purchaser is not relievable in equity; and therefore ought to be dismissed without putting the parties to a further charge. 4. It appears, by his own shewing, and the defendant sir John Fagg's Plea, that he comes hither per saltum, aud ought to attend judg ment in the inferior courts, if his case is relievable, and not to appeal to the highest court, till either injustice is done him below, or erroneous judgment given against him, and relief denied him upon review. 5. The danger of this precedent is so universal, that it shakes all the purchasers of England. ANGLESEA." Nov. 20. Dr. Shirley appeared at the bar of the house of lords, and his council, Mr. Wallop, appearing, who would have excused himself, but was ordered to appear again on Monday morning next, to plead the Cause; and the other two council (one being in the country, and the other sick) were excused: and the said Dr. Shirley, sir Nich. Stanton, and Mr. Wallop, were ordered to have the protection of the house: and upon debate of the commons Vote made yesterday, it was Ordered, "That the Paper posted up in several places, signed by William Goldsbro, Cler. Dom. Com. against the Judicature of the house of peers, in Cases of Appeals from Courts of Equity, is illegal, unparliamentary, and tending to the dissolution of the govern ment." Debate in the House of Lords on a Motion for an Address to the King to dissolve the Par liament.] Upon consideration of the said Vote of the commons, it was proposed by lord Mohun, to Address his majesty to dissolve the Parliament. This gave rise to a vehement debate," in the course of which," says Mr. Ralph," all imaginable arguments, that could either influence court or country, were made use of to procure an affirmative: the king was flattered with the hopes, or rather bribed with the promise, of a large sum to pay his Debts: and the Church received the warmest assurances, that, though Protestant Dissenters should find some favour and ease, her lands and dignities would be safe: and, on the popu lar side of the question, the conduct of the present house of commons was exposed with as much severity, as if the nation had not one true representative. From the length of time which the purse of the people had been in their hands, and the free use they had made of it, it was urged, that they were become 'more than lords.' They were charged with having violated the ancient rules of parliament, by not admitting the right of the lords to moned, 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 70007. 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 bis 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 occa sion; 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 in our humble opinion become altogether impracticable for the two houses, as the case stands, jointly to pursue those great and good ends for which they were called. For these Reasons, we do enter this our Protestation against, and Dissent unto, the said Vote: Buckingham, Shaftsbury, Dorset, Newport, Westmoreland, P. Wharton, Delamer, Grey de Rollestone, Salisbury, Mohun, Stamford, H. Sandys, Howard E. of Berks, Clarendon, Townshend, J. Bridgewater, F. Fauconberg, Halifax, Winchester, Yarmouth, Chesterfield, William Petre." 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. Principal Occurrences during the long Recess-Coffee Houses suppressed by Proclamation-Congress of Nimeguen-Campaign of 1676-Uncertain Conduct of the King.] "Soon after the prorogation," says Mr. Hume, "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 CoffeeHouses 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 this 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 licenses 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 licenses was very limited, and could not reasonably be extended beyond the intention of the act. The king therefore, observing 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.--This campaign proved more fortunate to the confederates than any other during the whole war. The 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 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; aud 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 one hand, or the invasion of France on the other. Lewis, tired of so unactive a campaign, returned to Versailles; and the whole summer passed in the Low Countries without any memorable event.-The French, who, twelve years before, had scarcely a ship of war in any of their harbours, had raised themselves, by means of perseverance and policy, to be, in their present force, though not in their resources, 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 Hol land, instructed them in the method of fighting their ships, and of preserving order in naval engagements. Lewis availed himself of every opportunity to aggrandize his people, while Charles, sunk in indolence and pleasure, neg lected all the noble arts of government; or if at any time he roused himself from bis lethargy, that industry, by reason of the unhappy projects which he embraced, was often more pernicious to the public than his inactivity it self. He was as anxious to promote the naval power of France, as if the safety of his crown had depended on it; and many of the plans executed in that kingdom, were first, it is said, digested and corrected by him.-The suc cesses of the allies had been considerable the last campaign; but the Spaniards and Imperialists well knew, that France was not yet sufficiently broken, nor willing to submit to the terins which they resolved to impose upon her. Though they could not refuse the king's mediation, and Nimeguen, after many diffculties, was at last fixed on as the place of congress; yet, under one pretence or other, they still delayed sending their ambasadors, and no progress was made in the negotiation. Lord Berkely, sir Wm. Temple, and sir Lionel Jenkins, were the English ministers at Nimeguen. The Dutch, who were impatient for peace, soon appeared: Lewis, who hoped to divide the allies, and who knew that he himself could neither be seduced nor forced into a disadvantageous peace, sent ambassadors: the Swedes, who hoped to recover by treaty what they had lost by arms, were also forward to negotiate. But as these powers could not proceed of themselves to settle terms, the congress, hitherto, served merely as an amusement to the public. It was by the events of the campaign, not the conferences among the negotiators, that the articles of peace were to be determined. The Spanish towns, ill forti fied and worse defended, made but a feeble resistance to Lewis; who, by laying up maga 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 be laid siege to Condé, and took it by storm in four days, Having sent the duke of Orleans to besiege Bouchaine, a | their monarchy was fallen, were distracted small but important fortress, he posted him- with domestic dissensions between the parties self so advantageously with his main army, as of the queen regent and don John, natural to hinder the confederates from relieving it, or brother to their young sovereign. Though unfighting without disadvantage. The prince of able of themselves to defend Flanders, they Orange, in spite of the difficulties of the sea- were resolute not to conclude a peace, which son, and the want of provisions, came in sight would leave it exposed to every assault or inof the French army; but his industry served to road; and while this made the most magnifino other purpose than to render him spectator cent promises to the States, their real trust was of the surrender of Bouchaine, Both armies in the protection of England. They saw that, stood in awe of each other, and were unwilling if that small but important territory were once to hazard an action, which might be attended subdued by France, the Hollanders, exposed to with the most important consequences. Lewis, so terrible a power, would fall into depenthough he wanted not personal courage, was dance, and would endeavour, by submissions, little enterprising in the field; and being re- to ward off that destruction to which a war, in solved this campaign to rest contented with the heart of their state, must necessarily exthe advantages which he had so early obtained, pose them. They believed that Lewis, sensihe thought proper to intrust his army to mares- ble how much greater advantages he might chal 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 venuc. 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 ad- doning his ministers.-On the other hand, the vantages, once lost, would never thoroughly cries of his people and parliament, seconded be regained. They had themselves no farther by Danby, Arlington, and most of his minismotive for continuing the war, than to secure ters, incited him to take part with the allies, a good frontier to Flanders; but gratitude to and to correct the unequal balance of power. their allies still engaged them to try whe-in Europe. He might apprehend danger from ther another campaign might procure a peace, opposing such earnest desires: he might hope which would give general satisfaction. The for large supplies if he concurred with them: prince of Orange, urged by motives of ho- And however inglorious and indolent his nour, of ambition, and of animosity against disposition, the renown of acting as arbiter of France, endeavoured to keep them steady to Europe would probably at intervals rouse him this resolution. The Spaniards, not to men- from his lethargy, and move him to support tion the other incurable weaknesses into which the high character with which he stood invest ed. It is worthy of observation, that, during | who have no hopes to prevent your good resothis period, the king was, by every one, abroad and at home, by France and by the allies, allowed to be the undisputed arbiter of Europe; and no terms of peace, which he would have prescribed, could have been refused by either party. Though France afterwards found means to resist the same alliance, joined with England, yet was she then obliged to make such violent efforts as quite exhausted her; and it was the utmost necessity which pushed her to find resources, far surpassing her own expectations. Charles was sensible, that so long as the war continued abroad, he should never enjoy ease at home, from the impatience and importunity of his subjects; yet could he not resolve to impose a peace by openly join-sonable Supply to make my condition more ing himself with either party. Terms advantageous to the allies must lose him the friendship of France: the contrary would enrage his parliament. Between these views, he perpetually fluctuated; and from his conduct, it is observable, that a careless, remiss disposition, agitated by opposite motives, is capable of as great inconsistencies as are incident even to the greatest imbecility and folly." The King's Speech on opening the Session.] Feb. 15, 1676-7. The Parliament met according to prorogation, after a recess of nearly 15 months, when the king opened the session with the following Speech to both houses: "My Lords and Gentlemen; I have called you together again, after a long prorogation, that you might have an opportunity to repair the misfortunes of the last session, and to recover and restore the right use and end of parliaments. The time I have given you to recollect yourselves in, and to consider whither those differences tend which have been so unhappily managed and improved between you, is enough to leave you without all excuse, if ever you fall into the like again. I am now resolved to let the world see, that it shall not be my fault, if they be not made happy by the consultations in parliament. For I declare myself yery plainly to you, that I come prepared to give you all the satisfaction and security in the great concerns of the Protestant Religion, as it is established in the Church of England, that shall reasonably be asked, or can consist with Christian prudence. And I declare myself as freely, that I am ready to gratify you in a further securing of your Liberty and Property (if you can think you want it) by as many good laws as you shall propose, and as can consist with the safety of the government without which, there will neither be liberty nor property left to any man.— Having thus plainly told you what I am ready to do for you, I shall deal as plainly with you again, and tell you what it is I do expect from you. First, I do expect and require from you, that all occasions of Difference between the two houses be carefully avoided; for else, they lutions, will hope, hy this reserve, to hinder them from taking any effect. And let all men judge who is most for arbitrary government, they that foment such Differences as tend to dissolve all parliaments; or I, that would preserve this and all parliaments from being made useless by such dissentions. In the next place, I desire you to consider the necessity of building more Ships, and how much all our safeties are concerned in it. And since the additional Revenue of Excise will shortly expire, you that know me to be under a great burden of Debts, and how hard a shift I am making to pay them off as fast as I can, I hope, will never deny me the continuance of this revenue, and some reaeasy.-And that you may be satisfied how impossible it is (whatever some men think) to support the government with less than the present Revenue, you may at any time see the yearly established Charge; by which it will appear, that the constant and unavoidable charge being paid, there will remain no overplus towards the discharging those contingencies which may happen in all kingdoms, and which have been a considerable charge to me this last year. To conclude: I do recommend to you the peace of the kingdom, in the careful prevention of all differences; the safety of the kingdom, in providing for some greater strength at sea; and the prosperity of the kingdom, in assisting the necessary charge and support of the government. And if any of these good ends should happen to be disappointed; I call God and men to witness this day, that the misfortune of that disappointment shall not lie at my doors. The rest I refer to the Chancellor." The Lord Chancellor Finch's Speech.] Then the Lord Chancellor spake as followeth: "My lords; and you the knights, citizens, and burgesses of the house of commons; By the most gracious pleasure of the king, you are here again assembled to hold another session of this parliament, wherein the king expects your advice and your assistance; your advice in matters of the highest deliberation, your assistance in matters of extreme and pressing difficulty. Your deliberations will chiefly be exercised about those things which do belong unto your peace, the peace of the Church and the peace of the State; two considerations of so close a connection between themselves, that in the very original writ of summons, by virtue of which you still sit here, they are jointly recommended to your counsel and your care. The peace of the Church is harder to preserve than the peace of the State; for they that desire innovations in the State most commonly this means it comes to pass that the peace of begin the attempt upon the Church. And by the Church is so often disturbed, not only by those poor mistaken souls who deserve to be pitied, but by malicious and designing men who deserve to be punished. And while things continue in this estate, it cannot be avoided, |