The Eighth Session of the second Parliament.
On the 10th day of October, after a double Prorogation,
the Parliament met at Westminster, having in effect had a
Recess of about nine Months, but from the last short intermediate Meeting not above ten Weeks. When his Majesty made this short Speech to both Houses:
The King's Speech to both Houses.
'My Lords and Gentlemen,
'When we last met here, about eleven Weeks ago, I
thought fit to prorogue the Parliament to this
very Day, resolving that there should be a Session now,
and to give myself time to do some things I have since
done, which I hope will not be unwelcome to you, but
a Foundation for a greater Confidence between us for the
future. The other Reasons for that Prorogation, and
some other Matters with which I would acquaint you, I
have commanded my Lord-Keeper to declare unto you.'
The Lord Keeper Bridgeman's Speech.
Hereupon the new Lord-Keeper Bridgeman made the
following Speech: 'My Lords, and you Knights, Citizens,
and Burgesses of the House of Commons; This Parliament,
(after many good and wholesome Laws made with your
Advice in several Sessions, many great Supplies and Aids
given to his Majesty, and for the Maintenance of the Wars,
and many other signal Testimonics of your Affection and
Duty to him, for which his Majesty again and again renews unto you his most hearty Thanks) was, as you very
well know, prorogu'd from February last, till this tenth
of October; his Majesty having then reason to believe,
that there could be no Cause of your re-assembling in the
mean time. But in this Interval, the Dutch (who since
the War began, were strengthen'd by the Union of France
and Denmark, having a great Fleet) actually invaded the
Land; and the French at the same time had a royal Army
in the Field, not far from the Sea-Coast; the Conjunction
of which with the others, in some Design against Eng
land, or some other of his Majesty's Dominions, we had
then cause to suspect. In this streight, his Majesty (who
in lesser Difficulties had frequent recourse unto his Par
liament, as his great and faithful Council, and therefore
hath every Year once, often twice, re-assembled you)
thought it necessary to anticipate the Time, and issu'd
out Proclamations for your Meeting on the 25th day of
July last. This, tho' unusual, was done by the Advice of
his Privy-Council; public Necessity and Exigencies allowing, or at least dispensing with many things, which, except in such Cases, were not to be allow'd or dispeu
sed withal. Before the 25th day of July, there was a
Prospect and daily Expectation, and within three days
following, an Assurance of a Peace concluded with, and
ratify'd by our three potent Adversaries. The Storm
which threatned us being thus blown over, and succeeded
by so great a Serenity, it was rais'd as a Doubt by grave
and wise Men, Whether or no, the Necessities and Difficulties which caus'd so early a Summons being remov'd,
you could sit or act as a Parliament before the 10th of
October; being the fix'd Time to which you were formerly prorogu'd. For this Cause, together with those
others mention'd by his Majesty, he in his princely Wisdom held it necessary, in a matter of so great Consequence, again to fix upon this Day for your Meeting in
Parliament, about which there can be no Dispute; which
being thus twice prefix'd, and you meeting here upon a
double Call, his Majesty hopes it is a happy Omen, That
this Session of Parliament (which in Law is but this one
Day, all Acts of this Session referring to it, unless otherwise specially provided) will be happy and prosperous to
his Majesty, to You, and to the whole Kingdom.
'My Lords and Gentlemen, His Majesty supposes, that
no Man wou'd expect, that during your Recess he should
have refused Overtures of Peace: The Vicinity as wellas Potency of his united Enemies, the great Expences of the
War, carry'd on with much Disadvantage, by reason of
the Plague and dismal Fire in London, the Consideration
of the Posture of Affairs abroad, besides many other Motives
obvious unto you, induc'd him to embrace the Opportunity
of concluding a Peace. But you well know, that tho' the
War be at an end, all the Effects thereof are not yet ended.
It will require Time and your good Advice, to remove those
Obstructions which hinder the Current of Trade both at
home and abroad. And in this Particular, his Majesty
thinks fit to recommend it to your Wisdom, to settle such a
Balance of Trade between his Subjects of this Kingdom and
those of Scotland, as that we may not be prejudic'd by the
Import of their Commodities hither; nor yet they be so
discourag'd, as to leave off trading here, and find out other
Vent abroad more dangerous to us. This he finds too hard
for him without your Assistance, tho' upon your recommending it to him, he has used some Endeavours therein. His
Majesty formerly promised, that you should have an Account of the Moneys given towards the War, which his
Majesty has commanded his Officers to make ready: And
since that way of Commission, wherein he had put the Examination of them, hath been ineffectual, he is willing you
shou'd follow your own Method, examine them in what way,
and as strictly as you please; he doth assure you, He will
leave every one concern'd to stand or fall, according to his
own Innocence or Guilt. His Majesty has reason to believe,
that some disaffected Persons, taking advantage of the public Necessiries, have spread abroad Discourses and Rumours
reflecting upon the Government, intending thereby to beget
a Disaffection in his good Subjects: And it is an easy thing
to take exceptions, Cum neque Culpam humana infirmitas,
neque Calumniam regnandi Difficultas evitet. But his Majesty
promises himself from your good Affections, that every one
of you in your several Places will endeavour to preserve a
good Understanding between him and his People: And if
any just Grievances shall have happen'd, his Majesty will be
as willing and ready to redress them for the future, as you
to have them represented unto him. And his Majesty doubts
not but you will give healing and moderate Counsels, and
imprint that known Truth into the Hearts of his Subjects,
that there is no distinct Interest between the King and his
People; but the Good of one, is the Good of both.'
The Address of both Houses to the King. ; His Answer.
Immediately after, the House of Commons took into Consideration what had been said to them, and resolv'd upon
an Address of Thanks to his Majesty, in which they desir'd and obtain'd the Concurrence of the Lords. Accordingly, on the 15th of October, the two Houses in a Body,
with their Speakers, attended the King in the Banqueting
House at Whitehall; where the Lord-Keeper, as Speaker
of the House of Peers, in the Name of both Houses, repeated this following Address to his Majesty: 'We your
Majesty's loyal and faithful Subjects, the Lords and Commons in Parliament assembled, having taken into our serious Consideration your Majesty's gracious Speech, wherein
you were pleas'd to let us know, that your Majesty thought
fit to prorogue this Parliament till the 10th of October, that
you might give yourself time to do something which wou'd
not be unwelcome, but a Foundation for a greater Confidence between your Majesty and your People; we find ourselves bound in Duty to return your Majesty our humble
and hearty Thanks for the gracious Declaration of your
royal Intentions in that your Majesty's gracious Speech, and
in that deliver'd by your Majesty's Command by the Lord
Keeper. And particularly, "That your Majesty has been
pleas'd to disband the late rais'd Forces; and to dismiss the
Papists from out your Guards, and other military Employments: For your Majesty's Care in quickning the Execution
of the Act for restraining the Importation of foreign Cattle:
For causing the Canary Patent to be surrender'd and vacated: And more especially, that your Majesty hath been
pleased to displace the late Lord Chancellor, and remove
him from the Exercise of public Trust and Employment
in Affairs of State." To which Address his Majesty was
pleased to make this Return; 'I thank you for your Thanks;
I am glad the things I have done have given you so good
Satisfaction: And for the Earl of Clarendon, I assure you I
will never employ him again in any publick Affairs what soever.'
Proceedings against the Earl of Clarendon. ; Sir Tho. Littleton. ; His Son vindicates him.
October 26 the Commons took into Examination, the
Conduct of the Earl of Clarendon, to whose charge (fn. * ) Mr.
Edward Seymour then laid many great and heinous Crimes.
Upon which there arose a Debate in the House how they
should proceed upon it, some moving he should be impeach'd
in the Name of the Commons, till Articles should be
form'd against him; others urg'd, that Witnesses should be
first examined, to see how the Charge might be made good,
lest, in case of Failure, it might reflect on the Honour of the
House. After a long Debate a Committee was appointed
to search Records for Parliamentary Proceedings in the
like Cases; from which Sir Thomas Littleton making Report
on the 30th, that they had found various Proceedings in several Parliaments, there arose another long Debate, which
was maintained with great Warmth, and in which the Earl
was loaded with many heavy Crimes and Misdemeanors.
The chief Speakers against his Lordship were Mr. Seymour,
Sir Thomas Littleton, Serjeant Maynard, Sir John Holland,
Sir Thomas Osborn, (fn. *) Sir Robert Howard, Mr. Garraway,
Lord Saint John, (fn. †) Sir Charles Wheeler, Mr. Hampden,
Mr. Marvel, Mr. Prynne, Mr. Secretary Morrice,
Mr. Waller, and (fn. ||) Sir John Vaughan; which last having
been formerly intimate with the Chancellor, upon the Restoration finding himself receiv'd with more coolness than
he expected, omitted no opportunity of opposing him; and
in these Debates none pursu'd him with greater Animosity.
The chief on the other side, who stood up in favour of the
Earl, were Sir Heneage Finch, Sir Francis Goodrick,
(fn. ‡) Mr. Coventry, Sir Edward Thurland, Sir John Brampston,
(fn. **) Sir John Talbot, Sir John Shaw, (fn. ††) Sir Thomas Clifford,
(fn. ||||) Sir Stephen Fox, and the Earl's own Son, Mr. Lawrence
Hyde: which last declared, he was serisible the House
might think him partial; but that he shou'd endeavour to
shew himself not so much the Son of the Earl of Clarendon,
as a Member of that House: That if he shou'd be found
guilty, no Man shou'd be more against him than he; otherwise he hoped every one wou'd be for him as much as himself: That every one in his own Conscience was to consider what of that Charge was true; since he was assur'd,
that if one Article was prov'd against the Earl, he and all
his Friends wou'd own him guilty of all the rest.
This Debate ended in a Vote, that the Committee shou'd
reduce the Accusation to Heads, and present them to the
House; all which was done on the 6th of November; when
Sir Thomas Littleton reported and read the same as follows:
The Articles against him.
'1. That the Earl of Clarendon hath design'd a standing
Army to be rais'd, and to govern the Kingdom thereby;
and advis'd the King to disolve this present Parliament,
and to lay aside all Thoughts of Parliaments for the future,
to govern by a Militry Power, and to maintain the same by
Free-Quarter and Contribution. II. That he hath, in the
hearing of the King's Subjects, falsly and seditiously said,
That the King was in his Heart a Papist, or Popishly affected; or Words to that effect. III. That he hath receiv'd great Sums of Money for the procuring of the Canary
Patenc, and other illegal Patents; and granted illegal Injunctions to stop Proceedings at Law against them, and
other illegal Patents formerly granted. IV. That he hath
advised and procured divers of his Majesty's Subjects to be
imprison'd against Law, in remote Islands, Garisons, and
other Places, thereby to prevent them from the Benefit of
the Law, and to produce Precedents for the imprisoning
any other of his Majesty's Subjects in this manner. V.
That he procured his Majesty's Customs to be farmed at
Under-Rates, knowing the same; and great pretended Debts
to be paid by his Majesty, to the Payment of which his Majesty was not strictly bound; and afterwards receiv'd great
Sums of Money for procuring the same. VI. That he receiv'd great Sums of Money from the Company of Vintners,
or some of them, or their Agents, for inhancing the Prices
of Wines, and for freeing them from the Payment of legal
Penalties, which they had incurr'd. VII. That he hath
in a short time gain'd to himself a greater Estate than can
be imagin'd to be gain'd lawfully in so short a time; and,
contrary to his Oath, he hath procured several Grants under
the Seal, from his Majesty to himself and Relations, of several of his Majesty's Lands, Hereditaments and Leases, to
the disprofit of his Majesty. VIII. That he hath introduc'd
an arbitrary Government in his Majesty's Foreign Plantations, and hath caus'd such as complain'd thereof before his
Majesty and Council, to be imprison'd for so doing. IX.
That he did reject and frustrate a Proposal and Undertaking, approv'd by his Majesty, for the Preservation of Nevis,
and Saint Christopher's, and reducing the French Plantations to his Majesty's Obedience, after the Commissions were
drawn for that purpose; which was the Occasion of our
great Losses and Damages in those Parts X. That he held
Correspondence with Cromwell and his Complices, when
he was in Parts beyond the Seas, attending his Majesty,
and thereby adhered to the King's Enemies. XI. That he
advised and effected the Sale of Dunkirk to the French
King, being part of his Majesty's Dominions; together
with the Ammunition, Artillery, and all sorts of Stores
there, and for no greater Value than the said Ammunition,
Artillery and Stores were worth. XII. That the said Earl
did unduly cause his Majesty's Letters Patent, under the
Great Seal of England, to one Dr. Crowther, to be alter'd,
and the Enrollment thereof to be unduly rased. XIII.
That he hath in an arbitrary way examin'd and drawn into
question divers of his Majesty's Subjects concerning their
Lands, Tenements, Goods, Chattels and Properties; and determin'd thereof at the Council-Table, and stopt Proceedings at Lawby order of the Council-Table, and threatned
some that pleaded the Statute of the 17th Car. I. XIV.
That he hath caused Quo Warranto's to be issued out against
most of the Corporations of England, immediately after
their Charters were confirm'd by an Act of Parliament,
to the intent he might require great Sums of Money for
renewing their Charters; which when they comply'd withal, he caus'd the said Quo Warranto's to be discharg'd, and
Prosecution therein to cease. XV. That he procur'd the
Bills of Settlement of Ireland, and receiv'd great Sums of
Money for the same in a most corrupt and unlawful manner.
XVI. That he hath deluded and betrayed his Majesty and
the Nation in all Foreign Treaties, and Negotiations relating to the late War, and betray'd and discover'd his Majesty's secret Councils to his Enemies. XVII. That he
was the principal Author of that Fatal Council of dividing
the Fleet about June 1666.'
Their Examination of the Particulars.
After reading these Heads of Accusation, it was
moved, That in regard the Articles were many, they
might be referr'd to a Committee to see how far they were
true, because Fame was too slender a Ground to bring a
Man upon the Stage. But this was carry'd in the Negative;
and so they proceeded to the reading the Articles singly
and separately, and to speak to the Truth or Probability of
them. The first Article being read, to see what could
induce the House to impeach, Sir Robert Howard and Sir
John Vaughan said, they heard from Persons of Quality,
that it wou'd be prov'd. As to the second Article, the
Lord Saint John said, Persons of great Quality had assur'd
him to make it good; and if they did not, he wou'd acquaint the House who they were. Mr, Seymour, as to the
third Article, alledg'd that sufficient Persons would make it
good, with this additional Saying, So long as the King is
King, and I Lord Chancellor, the Patents will stand. The
fourth and fifth Articles, (fn. *) Sir Richard Temple said, divers had undertaken to make good; if they did not, he wou'd
name them: and for the receiving Money of the Vintners,
(fn. †) Sir Robert Car said, That he knew who would prove it.
About his getting a great Estate so suddenly, Mr. Seymour said,
They need not prove that the Sun shone at Noon-day. And
Sir Thomas Littleton added, That his Place as Chancellor
could not be worth above four or five thousand Pounds a Year.
Then, about introducing an arbitrary Government in the
Plantations, Sir Thomas Littleton and Sir Thomas Osborn
alledg'd, That one Farmer and others came from Barbadoes
to complain of it, and lodg'd their Petition in that House,
but were imprison'd, that they might not be heard: And,
for frustrating Proposals for preserving Nevis, &c. Sir
Charles Wheeler said, My Lord-Chancellor only oppos'd
it. As to the Sale of Dunkirk, Sir Thomas Osborn said, a
great Lord told him, that he had made a Bargain for Dunkirk three Quarters of a Year before it was known. Then,
for the Article of sealing Dr. Crowther's Patent, Mr. Streeter
said, the King gave a Living to Crowther; that in the
Grant there was a Mistake of a County; Crowther finding
the Mistake, petition'd the King to mend it: that the King
call'd for the Chancellor and Seal, and in the King's Presence it was amended and seal'd. Mr. Thompsou said, he
should be able to make good the Article of drawing Mens
Lands into question: And for Quo Warranto's to Corporations, Sir Thomas Littleton said, It was so public a thing
that it need not be prov'd. Sir Robert Howard doubted
not but the Business about the Settlement of Ireland would
be made out; and, for foreign Treaties it would, according to Sir Thomas Littleton, appear by the Treaties themselves, putting them in hopes of Peace, and so hindering
the Fleet's setting out. Lastly, Mr. Thompson said, he did
not want Persons to make good the Article about the Miscarriage of the War.
They impeach him of High-Treason, &c.
The tenth Article, concerning the Earl's Correspondence
with Cromwell, upon a Debate, was found to be within the
general Act of Indemnity, and therefore was drop'd and
expung'd. And at last the Question being put, Whether
the House had sufficient Inducement to impeach, it was
carry'd in the Affirmative. So on the 9th of November
the first Article being read, a long and learn'd Debate
arose, whether to accuse him of Treason upon it; but it was
carry'd by a great Majority in the Negative. The second
Article was debated, but not voted: The Third and Fourth
were soon carry'd against the Earl: The Fifth had the same
Fate with the Second: The Sixth, Seventh, Eighth and
Ninth, were read and voted. But the Tenth, that of Dunkirk, admitted of a strenuous Debate, and at last was passed
by, without determining whether it was Treason or not.
The Eleventh, Twelfth, Thirteenth and Fourteenth, were
carry'd without opposition. As to the Fifteenth, which was
now the last but one, after a Debate it was carry'd to impeach of Treason. Accordingly they resolv'd that Impeachment of Treason, and other Crimes and Misdemeanors,
should be carry'd up to the Lords against him by Mr. Edward Seymour: who, on November the 12th, went up to the
House of Lords; and the Lord-Keeper Bridgeman being
come to the Bar to meet him, he delivered himself to this
purpose: 'My Lords, the Commons assembled in Parliament,
having been informed of several traitorous Practices, and
other Crimes and Misdemeanors committed by Edward Earl
of Clarendon, a Member of this honourable House, have
commanded me to impeach him: And I do accordingly impeach him of High-Treason, and other Crimes and Misdemeanors, in the Name of the said Commons, and of all
the Commons of England. And they have farther commanded me to desire your Lordships to sequester him
from Parliament, and to commit him to safe Custody, and
in convenient Time they will exhibit Articles against
him.'
The Lords disagree with the Commons. ; Who resent it.
But, the Lords being not satisfy'd with a general Way
of impeaching the Earl, on the 15th of November sent
down to desire a Conference in the Painted-Chamber. At
which, without any Debate, the Earl of Oxford deliver'd
a Paper to this effect: 'That the Lords had not committed the Earl of Clarendon, because the Accusation
was only of Treason in general, without charging him
wish any thing in particular.' Upon this there arose a
warm Debate in the House of Commons, in which Mr.
Garraway said, I had rather the House should lose the
Punishment of this Man, tho' a great Offender, than that
this House should lose its Privilege: For if this House
may at no time impeach a Lord without giving in particular Articles, it may fall out at a time (as in the
Duke of Buckingham's Case) where a great Man by his
Interest with the King procures the Dissolution of the
Parliament, and then the Accusation falls.' The Debate
ended in a Resolution to appoint a Committee to draw up
Reasons to justify what they had done; and which were
delivered in three days after: of which this seems to be
the principal; 'If before securing the Persons, the special
Matter of the Treason should be alledg'd, it would be a
ready Course that Complices in the Treason might make
their escape, or quicken the execution of the Treason intended, to secure themselves the better thereby.' The
Reasons, with divers Precedents to inforce them, were on
the 28th communicated at a free Conference: In which
the Lords chiefly insisted upon the Petition of Right, where
it was provided that none should be committed without
special Cause, whereby the Party might answer according
to Law. From whence they inferr'd 'That the Commons
Proceedings were contrary to Law, because a general
Charge was against the Petition of Right.'
Mr. Waller. ; Sir J. Vaughan.
On the 2d of December the Lords confirm'd their Proceedings, and sent down a Message to the Commons by
two Judges, to this effect: 'That upon the Report made
to them of the last free Conference, they were not satisfy'd
to commit or sequester from Parliament the Earl of Clarendon, without the particular Treason were mention'd
or assign'd. This threw the House of Commons into a
great Ferment, and occasion'd several warm Speeches, particularly from Mr. Waller and Sir John Vaughan. The
former stood up and said, The Lords are a noble Estate,
but whatever the matter is, they have of late some Advice
given them, which makes them proceed as they never did
yet; for scarce any thing happens, but they encroach upon
us. The Militia is now as burdensome to the fifty Pound
Man in the Country, almost as all other Taxes, and the
Lords have gotten this Advantage on us, that they touch
not the Burden of it with their Finger: So in the Time of
the Plague, the Commons must be shut up, but not They;
insomuch that a good Act provided to that purpose passed
not. We impeach'd the Lord Mordant, and could not
bring him to the Bar, tho' formerly I have known an Earl
and a Lord brought thither; you desired a free Conference
about it, but could not obtain one to this day. Rome was at
first modest, and only meddled with Spirituals, but afterwards concern'd themselves so much with other Matters,
that every Thing was made to be in Ordine ad Spiritualia,
and many Kingdoms thereupon broke from them. The
Lords now insist upon one thing, because they say it is in
order to their Judicature; perhaps hereafter they will tell
us we must come to them on our Knees, because it is in
order to their Judgment. Consider therefore whether
there be any hope of giving them Satisfaction. Sir John
Vaughan was long about Precedents and Law, upon' the latter
of which the Lords had insisted; and he said, That in the
free Conference there was much Discourse about the Great
Charter, and of the Statute of the 28 of Edw. III. but not
apply'd: So that I thought Law in a Lord's Mouth was like
a Sword in a Lady's Hand; the Sword might be there, but
when it comes to cut, it would be aukward and useless.—
The Conclusion must be, that no Impeachment by the
Commons must go on, unless it be by Presentment; and so
there is an end of all that for which the Parliament is
principally call'd; unless we are Part of those five hundred
contemptible ones, who are only fit to give Money: That
may be reserv'd for us, but nothing else.
Mr. Colombine.
On the other side, Mr. Colombine stood up, and thus
modestly argu'd in favour of the Lords: 'The Lords say,
That Committing upon a general Impeachment was against
Law, and he thought would appear so: He deny'd not, but
a Mittimus without special Cause might be legal, and
grounded upon the Petition of Right; the Reason of which
was to secure Men against Commitment by a special Warrant, and a Judge ought not to discharge where Treason
was alledg'd: But in this Case it was different, the Judges
could not discharge a Man committed after Examination,
but the Lords ought not to commit a Man, except there
were particular Treason.' That if he came before a Justice
of Peace, and said I accuse this Man of Treason, would
any wise Man commit him? He made his Warrant indeed, but he that accus'd must go farther, and make it
more particular, and the special Matter must appear before
he commits; and this was the present Case. The common
Law was, That no Man ought to be committed without
particular Cause; because no Man could commit in capital
Matters, without taking Examination before-hand, otherwise
no Man could justify a Commitment; Therefore he was
not satisfy'd, that the Lords had not Reason to deny it.
That the Commons were in the nature of a Grand Jury
to present, but the Lords were the Judges: That Commitment was not the Judgment, but in order to it; and the
Lords had a discretionary Power in the Case: They said
not that they would not commit, but that they were not
satisfy'd to do it without special Matter, therefore the Commons ought to send it up. After all the Debate, the House
came to this positive Resolution, 'That the Lords, not
having comply'd with the Desire of the Commons in committing the Earl of Clarendon, and sequestring him from
Parliament upon the Impeachment from that House, was
an Obstruction to the public Justice of the Kingdom, and a
Precedent of evil and dangerous Consequence: And upon
this they appointed a Committee to draw up a Declaration
to vindicate their Proceedings.
The Earl of Clarendon withdraws, and leaves a remarkable Apology.
About this Time the Earl of Clarendon thought proper
to withdraw, and having left an (fn. *) Apology for his Conduct, addressed to the Lords, that House, upon receiving
this Address, on the 3d of December sent a Message to
the Commons by two Judges, signifying 'That they had
receiv'd a large Petition from the Earl of Clarendon,
which intimated that he was withdrawn; and soon after
desired a present Conference with them. At which Con
ference, the Duke of Buckingham, who was plainly aim'd at
in the Petition, deliver'd it to the Commons, and with his
usual way of Insult and Ridicule said, 'The Lords have commanded me to deliver to you this scandalous and seditious
Paper sent from the Earl of Clarendon: They bid me to
present it to you, and desire you in convenient time to send
it to them again; for it has a Style which they are in love
with, and therefore desire to keep it.'
Sir John Vaughan.
When the Earl's Address and Apology was read by the
Commons, it occasion'd a new Turn, and a new Warmth
in the Debates of that House. Sir John Vaughan began with
great Fury, and among other things said, 'It is the first time
that ever I heard an innocent Man run away under the
greatest Charge, with Hopes to return again and vindicate
himself Mark one Expression; he says, he is as far from
Corruption, as he is from Disloyalty: If he had said he
was guilty of neither, he had said something, but by that
Expression he may be guilty of both. So insolent a Paper
I never met with in this Kingdom, nor have I ever heard
the like in any other: So inconsiderable a Part of the Nation as he is, to lay it upon the Nation, who, if innocent,
might defend himself; if guilty, why does he charge the
Nation with persecuting? Therefore, without troubling
ourselves with it, do as the Lords have done, who, deliver'd it to us as a scandalous and seditious Paper; it has
Malice in it, and is the greatest Reproach upon the King
and the whole Nation, that ever was given by Man.' Therefore in conclusion he put the Question, Whether the Paper
should be voted scandalous and malicious, and a Reproach
to the Justice of the Nation? Which was carry'd in the
Affirmative. Sir Robert Howard mov'd that it should be
burnt by the Common-Hangman; but that was oppos'd,
because the Lords desir'd the Paper to be return'd; yet still
at last that was carry'd also in the Affirmative.
The Lords send down a Bill to banish the Earl. ; Mr. Swinso ; The Bill pass'd.
On the 13th of December, a Bill was sent down from
the Lords for the Banishment of the Earl of Clarendon.
Upon the reading of which, several Objections were made;
and it being alledg'd, That it was an Abuse put upon the
Commons by the Lords, and that a Bill of Attainder being
propos'd, after some Debate the House pass'd this Vote;
Resolved, That, this House taking notice of the Flight
of the Earl of Clarendon, being under an Impeachment of
High-Treason by this House, the King's Majesty be humbly desired to issue out his Proclamation for summoning
the said Earl to appear by a Day, and to apprehend him in
order to his Tryal: And that the Lords be sent to for
their Concurrence in this Vote.' But the Lords, would
not concur: and on the following Day deliver'd their
Reasons, and particularly declared, 'That their 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 proceed
in a Legislative way against the said Earl; and have to that
end pass'd 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 alledg'd, and others too
great for the Cause in hand. Mr. Swinford spoke his mind
freely, and among other things 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, you bring upon your selves all the Dishonour of the
Business; but the Lords will have some Excuse, which you
cannot; for they look'd upon the Charge so slight, as not to
imprison him. The Party is gone, apprehending, he says,
the Fear of the Multitude, not of his Tryal: so the Lords
not giving Credit to your Charge against him, he says, He
flies not from Justice. Now, if upon this Bill you should
banish him, it would be said, you could not make good
your Charge, and therefore laid this Sentence upon him.
The Precedent is also dangerous, if, having gone so far in a
Judicial way, you should now go in a Legislative. If, upon Reason of State, Lords might be banish'd, it may be by
Dozens: As you proceed justly, so you will be justified.
After several Speeches on the 18th of December the Bill
was read a third time in a thin House, and the Question
being put for passing it, sixty-five were for it, and forty-two
against it.
Acts passed, and the Parliament adjourn'd for seven Weeks.
On the 19th, the King by Commission pass'd that, and
four other Bills, viz. 1. An Act for taking the Accounts of
the several Sums of Money therein mentioned. 2. An Act
for assigning Orders in the Exchequer without Revocation.
3. An Act to make Prize-Ships free for Trade. And, 4.
An Act for settling Freedom and Intercourse of Trade between England and Scotland. 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 February; he doth now conceive, That
Thursday the 6th of February is a convenient Day to
which such an Adjournment may be made: And his M
jesty is willing to adjourn to that time.' Accordingly the
Parliament broke up, after it had sate a little above two
Months, and without any Prorogation had now a Recess of
above seven Weeks.
February 10. Both Houses met again at Westminster;
when his Majesty made the following Speech from the
Throne:
The King's Speech to both Houses.
My Lords and Gentlemen,
I Am glad to see you here again, to tell you what I have
done in this Interval, which I am confident you will
be pleas'd with, since it is so much for the Honour and
Security of this Nation. I have made a League defensive
with the States-General of the United Provinces, and likewise a League for an efficacious Mediation of Peace between the two Crowns of France and Spain; into which
League, that of Sweden, by its Ambassador, hath offer'd to
enter as a Principal.
I did not at our last Meeting move you for any Aid, tho'
I lie under great Debts contracted in the last War; but now
the Posture of our Neighbours abroad, and the Consequence
of the new Alliance, will oblige me, for our Security, to
set out a considerable Fleet to Sea this Summer; and because I must build more great Ships, and it is as necessary,
that I do something in order to the fortifying some of our
Ports: I have begun something my self in order to these
Ends; but if I have not your speedy Assistance, I shall
not be able to go through with it. Wherefore I do earnestly desire you to take it into your speedy Consideration;
for the loss of a little time now may beget a Prejudice not
to be repaired. And for the settling a firm Peace, as well
at home as abroad, one thing more I hold my self oblig'd
to recommend to you, at this present; which is, That you
would seriously think of some course to beget a better
Union and Composure in the Minds of my Protestant Subjects in Matters of Religion; whereby they may be induced not only to submit quietly to the Government, but
also chearfully give their Assistance for the Support of it.'
The Commons deferred the Consideration of this Speech
till after 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 himself, laid each his own Account before
them. That of the Duke of Albemarle being as follows:
Duke of Albemarle's State of the Affair at Chatham.
'I went early on Tuesday the 11th of June to Chatham,
where I found scarce Twelve of eight hundred 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 them. I had heard of thirty Boats, which
were provided by his Royal Highness; but they were all,
except five or six, 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 two of the clock next Day.
After I had dispatch'd this Order, I went to visit the Chain,
which was the next thing to be fortify'd 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 employ'd them in it, I found it very difficult to get
Tools; for Commissioner Pett would not furnish us with above thirty, 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 Captain Wintour with his Company to UpnoreCastle, 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, tho' I had Horse near the
Fort, lest the Enemy should land there, I commanded Sir
Edward 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 consider'd where
to sink Ships without the Chain, next to the Enemy, as a
further Security to it. I found five 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 three Ships were
sunk at the narrow Passage by the Muscle-Bank, the Dutch
Fleet 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 order'd Sir Edward
Spragg to take a Boat and found whether the sinking of those
would sufficiently secure the Passage; which he did, and
found another Passage (which the Pilot and Master of Attendance had not before observ'd) that was deep enough for
great Ships to come in: I thereupon resolv'd 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 had before order'd to be there,
not yet come down; and instead of thick, oaken Planks, (of
which there was good store in the Yards, as it afterwards
appear'd) the Commissioner would only send Planks of Deal,
saying, he had no other; which prov'd 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 rais'd, the
Enemy came on to the Place where our first Ships were
sunk: I went on board the Monmouth with fifty Volunteers,
and appointed Soldiers in other Ships to make the best defence we could, if they had proceeded; but they were so
incumber'd 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 order'd 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 order'd the Sancta Maria, a great
Dutch Prize, to be sunk in the deepest Place between the
two foresaid Ships; and I judg'd it so necessary to be done,
that I charg'd Commissioner Pett, and the Master of Attendance, on peril of their Lives, to do it by Morning; they
having time enough before the Tide serv'd to provide things
to carry her down. Commissioner Pett, who had receiv'd
Orders from his Royal Highness on the 26th of March to
remove the Royal Charles above the Dock, had, for about
nine or ten 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
me, 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 at that instant, if the Dutch should have
landed in the Marsh by the Crane, she might have been
useful and have hinder'd them, having Guns on board
Nevertheless, having notice shortly after, that there was neither Sponge, Ladle, Powder nor Shot in her, I sent Captain
Millet, Commander of the Matthias, about ten in the Morning, with Orders to Commissioner 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 employ'd about sinking of Ships. And seeing
she was not remov'd in the Morning, I myself spoke to Commissioner Pett in the Evening, in the presence of Colonel
Mac-Noughton and Captain Mansfield, to fetch her off that
Tide; but notwithstanding these Orders, the Ship was not
remov'd, 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 her
along to the place intended, and they had Time enough to
do their Business: But soon after I had dispers'd my Orders
to the Ships, I look'd 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 cou'd 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 GuardShips within our Batteries wou'd have hinder'd them from
removing our sunk Ships.
'About ten a clock on Wednesday, the Enemy came on
with Part of their Fleet, and two Men of War, five or fix
Fireships, and some other Men of War seconding them.
They first attempted the Unity, which was plac'd 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 stop'd 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 shou'd have been sunk. They burnt the two GuardShips, and took off the Royal Charles, wherein the Gunners
and Boat-Swain did not do their Duty in firing her, tho' they
say they attempted it twice, but the Fire did not take. This
was all that I observ'd of the Enemies Action on Wednesday.
Our next care was to provide against the Tide which serv'd
the next Day: I enquir'd what had been done by Sir Edward
Scott at Upnore, and sent him as many of those Things he
needed as I cou'd get Boats to carry them to him, and sent
likewise a Company more than was formerly order'd, to reinforce the Place in case of Landing; and then directed
three Batteries to be made in the King's Yard; but cou'd
not get a Carpenter, but two that were running away. I
also planted that Night about fifty 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 play'd upon it
whilst the Fireships pass'd by 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 mention'd: And if we had had but five or six
Boats to cut off the Boats of the Fireships, we had prevented
the burning of those Ships; but those being burnt, as soon as
the Tide turn'd, they went back, and made no further Attempt. I had, in the Morning before this Action, receiv'd 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 eight in the Evening, and by two in the
Morning arriv'd at London'.
Some Miscarriages voted.
From this and other Examinations, the Commons discover'd
and voted several Miscarriages in the late War, and particularly in the Expedition at Berghen; in the plundering
the East-India Ships while the Dutch pass'd 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 Sea-Men 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
eighteen thousand 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
examin'd into one Miscarriage as to the first Battle against
the Dutch, in which it appear'd, 'That if the Orders of
the Duke of York had been strictly observ'd, as they ought,
in that Engagement, the whole Fleet of the Enemy had probably been destroy'd.' For this, Mr. Brunkard, a Member
of the House, was accus'd of giving false. Orders to Sir John
Harman to flacken Sail, while the Duke was reposing himself,
and when they were pursuing the Enemy with the utmost
Advantage; for which Mr. Brunkard was both expell'd the
House, and order'd to be impeach'd.
Commissioner Pett impeach'd.
The Miscarriage at Chatham was so conspicuous, that they
thought they cou'd 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 authoriz'd 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 moore
his Majesty's Ship, the Royal Charles, and other Ships, did
wilfully neglect and refuse so to do; whereby the said Ships
were lost, and became a Prey to the Enemy. II. That his
Majesty having upon the 11th of June last appointed the Duke
of Albemarle to repair to Chatham, to secure all things
against the Invasion of the Dutch; he the said Duke found
the Royal Charles not brought up, but lying below in a Place
of Danger; and having given Orders to the said Pett to cause
the said Ship to be brought up as high as cou'd be into a
place of Safety, the said Pett neglected the doing thereof.
III. That Captain Brooks, one of his Majesty's Attendants
at Chatham, knowing that the Duke had given express Orders to cause the Royal Charles to be brought up, did prepare Anchors and other Tackling ready for the same; and
desir'd the said Pett to give Orders for his so doing, which
he refus'd to do. IV. That the Duke of York having
given Orders to the said Pett to provide thirty Boats for the
Defence of the River and Navy, he did not only himself
misemploy some of the said Boats for the removing some of
his particular Goods, but suffer'd the rest to be likewise misemploy'd, and did also seize a boat belonging to Sir Edward
Spragg; so, for want of these Boats, many of his Majesty's
Ships were lost, and the Security of the rest hinder'd. V.
That the Commissioners of his Majesty's Navy, having signify'd to him on the 4th of June, that the Dutch were our,
and given him special Charge to command all Captains on
Land to their Ships, and to be vigilant in the rest of the
Charge committed to him; he was so negligent, that of eight
hundred Persons, which were under his Care and Command,
when the Duke of Albemarle repaired thither, there were
not above ten ready upon the Invasion of the Enemy. VI.
That the said Duke, having appointed Soldiers to raise Batteries for the Defence of the Navy, He, to obstruct the Service, refused to give them the Number of Tools required,
notwithstanding he had a sufficient Quantity in his Majesty's
Stores, as it appear'd when those Stores were broke open.
VII. That the said Duke having sent Orders to him to send
out of his Majesty's Yards some Oaken Planks for his Platforms and Batteries, he sent only Deal Boards, which were
prejudicial to the Service, notwithstanding that there were
in his Majesty's Yards several Oaken Planks sit for that
Service.' For all which Crimes and Misdemeanors they
demanded Justice and condign Punishment, &c. at the Bar
of the Lords.
And likewise Sir William Penn.
Not satisfied with this Impeachment, by means of some
Discoveries and Informations, the Commons found and
singled out Sir William Penn, another of his Majesty's
Commissioners, and drew up Articles against him to this
Purpose: 'I. Whereas in September 1665, the Golden
Phænix, and the Slothany, two Dutch Ships, were taken
at Sea as Prize, by his Majesty's Fleet under the Earl of
Sandwich, in which the said Sir William Penn was then
Vice-Admiral; he the said Sir William, contrary to his
Duty, &c. did conspire with several Persons to open the
Holds of the said Ships, before Judgment pass'd in the Admiralty Court, and from thence imbezzled great Quantities of
rich Goods, whereby his Majesty was defrauded of above an
hundred and fifteen thousand Pounds. II. The said Sir
William, in pursuance of the Conspiracy, did about the same
time repair on board the Prize-Ship the Slothany, with
Sir William Berkley, Vice-Admiral under his Command,
and did there give Orders to Captain Waerden, to whose
Charge the said Ship was committed, to follow the Directions
of Sir William Berkley; who thereupon broke open the
Hold of the said Ship, and took out several rich Goods of
great Value, after it was clos'd and seal'd up, and by the
Assistance of Sir William Penn, who sent several Men on
board for that purpose. III. He the said Sir William got
a considerable Part of the Goods into his possession, and
shortly after did sell divers Parcels of the said Goods, and
further warranted the Sale thereof. IV. The better to
colour the said Fraud and Imbezzlement, Orders were obtain'd from the Earl of Sandwich for distributing some part
of the said Goods among several Officers, whereof Sir William was Chief, to be submitted, as was pretended, to his Majesty's further Pleasure, tho' Sir William well knew the Orders of the Earl of Sandwich were void in every respect;
And afterwards a Warrant for distributing the Goods was
duly procured from his Majesty; whereas the said Sir William had, before that, possess'd himself of divers of the
Goods; and, over and above, did dispose of a further quantity of Goods than was contain'd in the Orders of the Earl
of Sandwich or his Majesty's Warrant, to the Value of
above two thousand Pounds.' For all which Crimes and
Misdemeanors the Commons likewise demanded Judgment,
&c. of the Lords.
The King's Messages to the Commons, to hasten the Supply. ; Another Message. ; They petition the King for a Proclamation against Conventicles.
Mean while, the King, believing these Proceedings and
Impeachments retarded the Supplies he had demanded, sent
no less than three Messages, to bring back the Stream of
Business to his own favourite Channel; the first of which,
was in these Words: 'His Majesty hath been unwilling
hitherto to interrupt you in your Proceedings; but, considering the Posture in which his Neighbours now are,
and that the Spring is already so far advanc'd, and that his
Allies (as they have great Cause) press his Majesty to hasten
his Preparations, he holds it absolutely necessary, in respect of
the Safety as well as the Honour of the Nation, that a Fleet
be set forth with all speed, and that Course be taken for
fortifying his Ports, and building more Ships: And therefore he doth again earnestly recommend it to you, forthwith to provide for such a Supply as these Occasions shall
require: And because you have not yet had Satisfaction
upon the Bill of Accounts of the former Supply, his Majesty is very willing that this be collected and issu'd for
those Purposes, by such Persons only as you shall think fit.'
The second and the third Message were only to enforce
this; only in the last he let them know that he design'd to
put a period to this Session on the 4th of May. But finding
this Design not so well relish'd, he sent a fourth Message
to them on the 24th of April, in these Words: 'His Majesty by his former Message thought fit to acquaint you,
That he intended the present Session of Parliament should
determine on the 4th of May; but, finding the Proceedings in many important Businesses, now under agitation,
would be lost, if there should be a Session; and that many
things not yet foreseen may happen to induce him to call
you together again before Winter, hath now thought fit
to acquaint you, That he intends only an Adjournment
for three Months; and desires you therefore to perfect
the Bills for Supplies, and such others as may be made
ready by the said 4th of May, so that he may then give
his royal Assent to them before the Adjournment.' The
House notwithstanding proceeded with the Business that lay
before them; and especially the Informations they receiv'd
from some Counties, particularly Staffordshire, of the insolent Carriage and Abuses committed by Persons in several
Places, in interrupting and disturbing of Ministers in their
Churches, and holding Meetings contrary to Law. In consequence of which, after a solemn Debate and Resolution,
they made and presented an humble Petition to his Majesty,
'That he would issue out his Proclamation for enforcing
the Laws against Conventicles; and that Care might be
taken for the Preservation of the Peace against all unlawful
Assemblies of Papists and Nonconformists.' The King
thought himself oblig'd to comply with his Commons, and
accordingly gave this Answer; 'I will issue forth my Proclamation according to your desire; adding withal, And
I do not doubt but you will take the second Part of my
Speech into Consideration, according to the Vote.'
A Difference between the two Houses.
About this time, a Difference happen'd between the Lords
and Commons, occasion'd by Mr. Skinner a considerable
Merchant of London, who, having receiv'd great Damages
from the East-India Company, had brought the Matter by
Petition into the House of Lords originally, by whom he
was reliev'd in 5000 Pounds Cost. The Commons hearing
of this, after a Debate, came to these Votes and Resolves on
the 2d of May: '1. That the Lords taking cognizance
of the Matter set forth and contain'd in the Petition of
Thomas Skinner Merchant, against the Governor and Company of Merchants trading to the East-Indies, concerning
the taking away the Petitioner's Ship and Goods, and assaulting his Person, and their Lordships over-ruling the Plea
of the said Governor and Company, the said Cause coming
before their House originally, only upon the Complaint of the
said Skinner, being a Common-Plea, is not agreeable to the
Law of the Land; and tending to deprive the Subject of his
Right, Ease and Benefit due to him by the said Laws.
2. That the Lords taking coguizance of the Right and
Title of the Island in the Petition mention'd, and giving
Damages thereupon against the said Governor and Company, is not warranted by the Laws of this Kingdom.
3. That the said Thomas Skinner, in commencing and prosecuting a Suit by Petition in the House of Lords against
the Company of Merchants trading to the East-Indies
(wherein several Members of this House are Parties concern'd with the said Company, in particular Interests and
Estates) and in procuring Judgment therein, with Directions to be serv'd upon the Governor, being a Member of
this House; or upon the Deputy-Governor of the said Company, is a Breach of the Privilege of this House.' In conclusion, they order'd the said Mr. Skinner, for so acting, to
be taken into Custody of the Serjeant at Arms.
The Votes of the Commons upon it.
The East-India Company having petition'd the Commons,
as well as Mr. Skinner had the Lords, the Commons after
their three Votes, further Resolved, 'That the Petition of
the Merchants trading to the East-Indies, and the two first
Votes of this House now passed, relating to the Jurisdiction
of the Lords, be deliver'd by a Message to the Lords Bar,
with Reasons for enforcing the said Votes.' This occasion'd
two or three Conferences with the Peers; in one of which,
the Duke of Buckingham deliver'd the following Speech:
Duke of Buckingham's Speech, at a Conference with the Commons.
'Gentlemen of the House of Commons, I am commanded
by the House of Peers, to open to you the matter of this
Conference; which is a Task I could wish their Lordships
had been pleased to lay upon any body else, both for their
own sakes and mine: Having observed, in that little Experience I have made in the World, there can be nothing
of greater difficulty, than to unite Men in their Opinions,
whose Interests seem to disagree.
'This Gentlemen, I fear is at present our Case; but yet
I hope when we have a little better considered of it, we
shall find that a greater Interest does oblige us, at this time,
rather to join in the Preservation of both our Privileges,
than to differ about the Violation of either.
'We acknowledge it is our Interest to defend the Right
of the Commons, for should we suffer them to be oppressed,
it would not be long before it might come to be our own
Case; and I humbly conceive it will also appear to be the
Interest of the Commons, to uphold the Privilege of the
Lords, that so we may be in a Condition to stand by and
support them.
'All that their Lordships desire of you upon this Occasion, is, That you will proceed with them as usually Friends
do, when they are in dispute one with another; that you
will not be impatient of hearing Arguments urged against
your Opinions, but examine the weight of what is said, and
then impartially consider which of us two are the likeliest to
be in the wrong.
'If we are in the wrong, we and our Predecessors have
been so for these many hundreds of Years, and not only our
Predecessors, but yours too: This being the first time that
ever an Appeal was made, in point of Judicature, from the
Lords House to the House of Commons. Nay, these very
Commons, which turned the Lords out of this House, though
they took from them many other of their Privileges, yet
left the constant Practice of this till the very last day of
their Sitting; and this will be made appear by several Precedents these noble Lords will lay before you, much better
than I can pretend to do.
'Since this Business has been in agitation, their Lordships have been a little more curious than ordinary, to inform themselves of the true Nature of these Matters now in
question before us; which I shall endeavour to explain to
you as far as my small Ability, and my Aversion to hard
Words, will give me leave: for howsoever the Law, to
make it a Mystery and a Trade, may be wrapt up in
Terms of Art, yet it is founded in Reason and is obvious
to common Sense.
'The Power of Judicature does naturally descend, and
not ascend; that is, no inferior Court can have any Power
which is not derived to it from some Power above it.
'The King is by the Laws of this land, Supreme Judge
in all Causes Ecclesiastical and Civil. And so there is no
Court, high or low, can act but in subordination to him;
and though they do not all issue out their Writs in the King's
Name, yet they can issue out none but by virtue of some
Power they have received from him.
'Now every particular Court has such particular Power
as the King has given it, and for that reason has its Bounds:
But, the highest Court in which the King can possibly sit;
that is, his supreme Court of Lords in Parliament, has in it
all his judicial Power, and consequently no Bounds, I mean
no Bounds of Jurisdiction; for the highest Court is to govern
according to the Laws as well as the lowest.
'I suppose none will make a question, but that every
Man and every Cause is to be tried according to Magna
Charta; that is, by his Peers, or according to the Laws of
the Land. And he that is tried by the Ecclesiastical Courts,
the Court of Admiralty, or the high Court of Lords in Parliament, is tried as much by the Laws of the Land, as he
that is tried by the King's Bench, or Common-Plea.
'When these inferior Courts happen to wrangle among
themselves, which they must often do by reason of their
being bound up to particular Causes, and their having all
equally and earnestly a Desire to try all Causes themselves,
then the supreme Court is forced to hear their Complaints,
because there is no other Way of deciding them. And this,
under favour, is an original Cause of Courts though not of
Men.
'Now, these original Causes of Courts, must also of necessity induce Men, for saving of charges, and dispatch sake,
to bring their Causes originally before the Supreme Court.
But then the Court is not obliged to receive them, but proceeds by Rules of Prudence, in either retaining or dismissing
them as they think fit.
'This is, under favour, the Sum of all that your Precedents can shew us, which is nothing but what we practise
every day; that is, that very often, because we would not
be molested with hearing too many particular Causes; we
refer them back to other Courts; and all the Argument you
can possibly draw from this, will not, in any kind, lessen our
Power, but only show an Unwillingness we have to trouble
ourselves often with Matters of this Nature.
'Nor will this appear strange, if you consider the Constitution of our House, it being made up partly of such whose
Employments will not give them Leisure to attend the hearing of private Causes, and entirely of those that can receive
no Profit by it.
'And the truth is, the Dispute at present is not between
the House of Lords and the House of Commons, but between us and Westminster-Hall. For as we desire to have
few or no Causes brought before us, because we get nothing
by them, so they desire to have all Causes brought before
them for a Reason a little of the contrary Nature.
'For this very Reason, it is their Business to invent new
ways of drawing Causes to their Courts, which ought not to
be pleaded there. As for Example, this very Cause of
Skinner that is now before us (and I do not speak this by
rote, for I have the Opinion of a reverend Judge in the
Case, who informed us of it the other day in the House) they
have no way of bringing this Cause into Westminster-Hall
but by this Form; the Reason and Sense of which I leave
you to judge of.
'The Form is this, that, instead of speaking as we ordinary
Men do that have no Art, that Mr. Skinner lost a Ship in the
East-Indies; to bring this into their Courts, they must say,
that Mr Skinner lost a Ship in the East-Indies, in the Parish
of Islington, in the County of Middlesex.
'Now some of us Lords, that did not understand the Refinedness of this Style, began to examine what the Reasons
of this should be; and so we found, that, since they ought
not by right to try such Causes, they are resolved to make
bold, not only with our Privileges, but the very Sense and
Language of the whole Nation.
'This I thought fit to mention, only to let you see that
this whole Cause, as well as many others, could not be try'd
properly in any Place but at our Bar; except Mr. Skinner
would have taken a fancy to try the Right of Jurisdictions
between Westminster-Hall and the Court of Admiralty,
instead of seeking Relief for the Injuries he had received,
in the Place only where it was to be given him.
'One thing I hear is much insisted upon, which is the
Tryal without Juries; to which I could answer, that such
Tryals are allowed of in the Chancery and other Courts,
and that when there is Occasion for them we make use of
Juries too, both by directing them in the King's-Bench, and
having them brought up to our Bar.
'But I shall only crave leave to put you in mind, that
if you do not allow us in some Cases to try without Juries,
you will then absolutely take away the Use of Impeachments,
which I humbly conceive you will not think proper to have
done at this Time.'
The Votes of the House in opposition to the Lords.
In the Close of this Conference, the Lords declaring the
Company's Petition to the other House scandalous &c. this
rais'd such a Ferment there, as produc'd the following new
Votes and Resoives; as, 1. 'That the Petition of the EastIndia-Company to this House, touching the Proceedings of
the House of Lords, in the Case of Thomas Skinner, is not
seandalous. 2. That the Delivery of the said Petition of the
East-India Company to the House, and the Entertainment
thereof, and see Proceedings and Votes of this House thereupon was no Breach of the Privilege or Encroachment upon the
Jurisidiction of the House of Lords: but very proper and fit
for this House, without Breach of the fair Correspondence,
which ought to be between the two Houses. 3. That a Message
be sent to the Lords to acquaint them, That this House doth
take notice of the Desire of the Lords at the last Conference,
For a good Union to be kept between both Houses: And it
is the opinion of this House, that the best Expedient to preserve such an Union is, That all Proceedings be forhorn upon the Sentence and Judgement of the Lords in the Case
of Thomas Skinner against the East-India Company; and
that Sir Andrew Riccard, Sir Samuel Barnardiston, Mr.
Rewland Gwyn, and Mr. Christopher Boone be set at liberty; this House being unsatisfied with their Lordships
Reasons offer'd at the last Conference.' Last of all, after a
long Debate, they resolv'd, 'That whosoever shall be aiding or assisting in putting in execution the Order or Sentence
of the House of Lords, in the Case of Thomas Skinner
against the East-India Company, shall be deem'd a Retrayer
of the Rights and Liberties of the Commons of England,
and an Infringer of the Privileges of this House.
Acts passed.
They had no sooner finish'd this Vote, which was on the
8th Day of May, but the King, by the Usher of the BlackRod, sent for them to the House of Peers, where he pass'd
these following public Bills: 1. An Act for raising Three
Hundred and Ten Thousand Pounds, by an Imposition on
Wines and other Liquors. 2. An additional Act against
the Importation of Foreign Cattle. 3. An Act for proceeding to Judgment on Writs of Error brought in the Exchequer. 4. An Act for giving liberty to buy and export
Leather, and Skins tanned or dressed. 5. An Act for the
better Payment of Monies received for the Use of the Crown.
6. An Act for the Increase and Preservation of Timber
within the Forest of Dean. 7. An Act to regulate the Trade
of Silk-throwing. Having pass'd these, and some private
Bills, his Majesty declar'd, 'That it was his pleasure, that
the two Houses be adjourn'd till the 11th of August; that,
if he could so order his Affairs, that they might forbear
their assembling at that time, when their being in the
Country would be so necessary for their private Occasions,
he would give timely Notice, that they might spare Attendance.'