Newton, (Hants) Thomas Done, Northampton Town, Nottingham Town, Sir Simeon Leach. Oxford University, Pontefruct, Sir Thomas Yarborough. Sir Thomas Chichley, Caleb Banks. Radnor Town, Rutlandshire, Baptist Noel, Sir Thomas Mackworth. Rye, Thomas Frewen, Sir Thomas Jenner. Ryegate, Sir John Werden, Sir Francis Edwards, Sarum New, Sir Thomas Slingsby, Sir Wm. Thomas. Sir Henry Butler, Shoreham, Sir Edw. Hungerford, Southampton County, Sir Chas. Wyndham, Sir Benj. Newland. Southampton Town, Sir B. Newland, Sir Chas. Wyndham. Southwark, Sir Hugh Cholmondeley, Sir Hugh Ackland, John Kelland, George Ryves. Wells, Wenlock, West Low, Roger L'Estrange, Sir Littleton Osbaldiston. Sir John Packington, York City, Sir Metcalfe Robinson, SPEAKER Sir John Trevor. The Lord Keeper Guildford's Speech.] His majesty being come to the house of peers, commanded the black-rod to acquaint the house of commons, that it is his majesty's pleasure they attend him, immediately; who being come to the bar of the lords house, sir Francis North, baron of Guilford, and lord keeper of the great seal, having first received his majesty's pleasure, spoke to this effect: "My lords; and you the knights, citizens, and burgesses of the house of commons; 1 have it in command from his majesty, to let you know, that he will defer his speaking to you until the members of both houses have taken the oaths appointed at the beginning of every parliament, the doing whereof will require some time. When that is over, his maj. will come again, and declare his mind to you concerning the causes of his calling this parliament. And it being necessary there should be first a Speaker of the house of commons; it is his majesty's pleasure, that the gentlemen of the house of commons go apart to the usual place, and do proceed to the choice of a fit person to be their Speaker; his maj. doth appoint four of the clock this afternoon, to have him presented here for his royal approbation." Sir John Trevor chosen Speaker.] The commons being returned to their own house, lord Middleton named sir John Trevor, as a fit person for their Speaker, and one that would be acceptable to his majesty; whereupon the commons unanimously made choice of sir John, who took the Chair, and the house adjourned till 4 of the clock: when he went up to the bar of the house of peers, and was approved of by his majesty. Twenty Lords introduced in one day.] The same day the following lords were introduced, and took their seats in the house, viz. Francis lord North, lord keeper of the great seal, Laurence earl of Rochester, George marq. of Hallifax, James duke of Ormond, Henry duke of Beaufort, Edward earl of Litchfield, Daniel e. of Nottingham, James c. of Abingdon, Edw. e. of Gainsborough, Tho. e. of Plymouth, Horatio, visc. Townsend, Tho. visc. Weymouth, Christ. visc. Hatton, Rd. lord Lumley, John lord Ossulston, George lord Dartmouth, Ralph lord Stawell, Sidney lord Godolphin, George lord Jeffreys, and John lord Churchill. Proceedings in the Case of the Popish Lords.] The same day, the house of peers received the Petitions of the Lords who had lain under an Impeachınent several years in the Tower, and been admitted to bail about a year ago, viz. The earl of Powis, the lord Arundel of Wardour, the lord Bellasis, and the earl of Danby: the last having made their personal appearances, in pursuance to their bail, and delivered their Petitions, the house entered into consideration of the hardship of their cases, and came to this question, Whether the Order of the 19th of March, 1678-9, be reversed and annulled as to their several impeachments ? which passed in the affirmative. Protest thereon.] Four lords only entered their Dissent, namely, Radnor, Anglesea, Clare, and Stamford, with these following Rea sons: 1. "Because it doth, as we conceive, extrajudicially, and without a particular cause before us, endeavour an alteration in a judicial rule and order of the house, in the highest part of their power and judicature. 2. Because it shakes and lays aside an Order made and renewed upon long consideration and debate, report of committees of precedents and former resolutions, without permitting the same to be read, though called for by many of the peers, and against weighty reasons, as we conceive, appearing for the same, and contrary to the practice of former times. 3. Because it is inherent in every court of judicature to assert and preserve the former rules of proceedings before them, which therefore must be steady and certain, especially in this high court, that the subject, and all persons concerned, may know how to apply themselves for justice; the very Chancery, King's-bench, &c. having their settled rules, from which there is no variation."-However, two days after, the matter was brought to a conclusion by this following Order; "Whereas several Indictments were found at the sessions held at Westminster against Wm. earl of Powis, &c. which are since brought into this house by certiorari, pursuant to an Order of the 9th of April 1678; the house being this day informed, by Mr. Attorney General, That his maj. hath sent a warrant to him directed, to enter a noli prosequi upon the said Indictments: It is ordered, That his majesty's said attorney general may have recourse to the said indictments, in order to the entering a noli prosequi thereupon pursuant to his majesty's warrant and it is further ordered, That the bail given in the court of king's bench, for the appearance of the said Wm. earl of Powis, Henry lord Arundel of Wardour, and John lord Bellasis, be, and are hereby discharged.* "The upper house discussed, at the same time, the affair of the lords accused of high treason, and cancelled a rule of that house, which orders that the accusations entered by the lower house shall be in force from one par liament to another: this was done to perpetuate the accusations of the earl of Danby and the Catholic peers, who by this means would have always remained liable to condemnation upon the evidence given against them. They are now free from the accusation, and to prosecute them again would require both a fresh accusation and a fresh trial. This decision of the upper house repeals whatever was done re specting the pretended plot of the Catholics, which without it would have still subsisted. This is a very important matter in relation to his Britannic majesty. The earls of Devonshire, Anglesey, Clare, and Radnor opposed the measure, which only shewed their ill will." Barillon's Letters to the King of France. See Fox's JAMES II. Appendix, p, lxxxvi, The King's Speech on opening the Session.] May 22. His majesty opened the session with the following Speech to both houses: "My lords and gentlemen; After it pleased Almighty God to take to his mercy the late king my dearest brother, and to bring me to the peaceable possession of the throne of my ancestors, I immediately resolved to call a parliament, as the best means to settle every thing upon those foundations as may make my reign both easy and happy to you: towards which, I am disposed to contribute all that is fit for me to do. What I said to my privy-council at my first coming there, I am desirous to renew to you*, wherein I fully declare my opinion "The repetition of the words made use of in his first speech to the privy council, shews, that in the opinion of the court at least, they had been well chosen, and had answered their purpose; and even the haughty language which was added, and was little less than a menace to parliament, if it should not comply with his wishes, was not, as it appears, unpleasing to the party which at that time prevailed, since the revenue enjoyed by his predecessor was unanimously, and almost immediately, voted to him for life. It was not remarked, in public at least, that the king's threat of governing without parliament, was an unequivocal manifestation of his contempt of the law of the country, so distinctly established, though so ineffectually secured, by the statute of the 16th of Charles ii. for holding triennial parliaments. It is said, lord keeper Guildford had prepared a different speech for his majesty, but that this was preferred, as being the king's own words; and, indeed that part of it in which he says that he must answer once for all, that the commons' giving such proportions as they might think convenient, would be a very improper way with him, bears, as well as some others, the most evident marks of its royal origin. It is to be observed, however, that in arguing for his demand, as he styles it, of revenue, he says, not that the parliament ought not, but that he must not suffer the well-being of the government depending upon such revenue, to be precarious; whence it is evident, that he intended to have it understood, that, if the parliament did not grant, he purposed to levy a revenue without their consent. It is impossible that any degree of party spirit should so have blinded men, as to prevent them from perceiving, in this speech, a determination on the part of the king, to conduct his government upon the principles of absolute monarchy, and to those who were not so possessed with the love of royalty, which creates a kind of passionate affection for whoever happens to be the wearer of the crown, the vindictive manner in which he speaks of Argyle's invasion, might afford sufficient evidence of the temper in which his power would be administered. In that part of his speech he first betrays his personal feelings towards the unfortunate nobleman, whom, in his brother's reign, he had so cruelly and treacherously pu concerning the principles of the Church of England, whose members have shewed themselves so eminently loyal in the worst of times, in defence of my father, and support of my brother, of blessed memory; that I will always take care to defend and support it. I will make it my endeavour to preserve this government both in Church and State, as it is now by law established; and as I will never depart from the just rights and prerogatives of oppressed, by dwelling upon his being charged by Argyle with tyranny and usurpation, and then declares, that he will take the best care, not according to the usual phrases, to protect the loyal and well-disposed, and to restore tranquillity, but that the declaration of the factious and rebellious may meet with the reward it deserves; thus marking out revenge and nishment as the consequences of victory, upon which he was most intent.-It is impossible, that in a house of commons, however composed, there should not have been many members who disapproved the principles of government announced in the speech, and who were justly alarmed at the temper in which it was conceived. But these, overpowered by numbers, and perhaps afraid of the imputation of being concerned in plots and insurrections, (an imputation which, if they had shewn any spirit of liberty, would most infallibly have been thrown upon them,) declined expressing their sentiments; and, in the short session which followed, there was an almost uninterrupted unanimity in granting every demand, and acquiescing in every wish of the government. The revenue was granted, without any notice being taken of the illegal manner in which the king had levied it upon his own authority. Argyle was stigmatised as a traitor; nor was any desire expressed to examine his declarations, one of which seemed to be purposely withheld from parliament. Upon the communication of the duke of Monmouth's landing in the west, that nobleman was immediately attainted by bill. The king's assurance was recognized as a sufficient security for the national religion; and the liberty of the press was destroyed by the revival of the statute of the 13th and 14th of Charles ii. This last circumstance, important as it is, does not seem to have excited much attention at the time, which, considering the general principles then in fashion, is not surprising. That it should have been scarcely noticed by any historian, is more wonderful. It is true, however, that the terrour inspired by the late prosecutions for libels, and the violent conduct of the courts upon such occasions, rendered a formal destruction of the liberty of the press a matter of less importance. So little does the magistracy, when it is inclined to act tyrannically, stand in need of tyrannical laws to effect its purpose. bare silence and acquiescence of the legislature is, in such a case, fully sufficient to annihilate, practically speaking, every right and liberty of the subject." Fox's JAMES II, p. 143. The the crown, so I will never invade any man's property; and you may be sure, that having heretofore ventured my life in the defence of this nation, I will still go as far as any man in preserving it, in all its just rights and liberties; and having given you this assurance concerning the care I will have of your Religion and Property, which I have chose to do in the same words which I used at my first coming to the crown; the better to evidence to you, that I spoke them not by chance, and consequently that you may firmly rely upon a promise so solemnly made. I cannot doubt that I shall fail of suitable returns from you, with all imaginable duty and kindness on your part, and particularly to what relates to the settling of my Revenue, and continuing it, during my life, as it was in the life-time of my brother. I might use many arguments to enforce this demand, for the benefit of Trade, the support of the Navy, the necessity of the Crown, and the well-being of the Government itself, which I must not suffer to be precarious; but I am confident, your own consideration of what is just and reasonable, will suggest to you whatsoever might be enlarged upon this occasion.-There is one popular argument which I foresee may be used against what I ask of you, from the inclination men have for frequent parliaments, which some may think would be the best security, by feeding me from time to time by such proportions as they shall think convenient; and this argument, it being the first time I speak to you from the throne, I will answer once for all, that this would be a very improper method to take with me, and that the best way to engage me to meet you often, is always to use ine well. I expect, therefore, that you will comply with me in what I have desired; and that you will do it speedily, that this may be a short session, and that we may meet again to all our satisfactions.-My Lords and Gentlemen; I must acquaint you that I have had news this morning from Scotland, that Argyle is landed in the West Highlands, with the men he brought with him from Holland; that there "The earl of Argyle, after having lived quiet in Friseland ever since the disappointment in 1683, resolved at last to go to his own country, where he hoped he could bring 5000 men together. Accordingly he landed with some of his country-men in Argyleshire, but the early notice the council had of his designs had spoiled his whole scheme; for they had brought in all the gentlemen of his country to Edinburgh, which saved them, though it helped on bis ruin. Yet he got above 2500 men to come to him. But he lingered too long, hoping still to have brought more of his Highlanders together so much time was lost. And all the country was summoned to come out against hin. At last he crossed an arm of the sea, and landed in the Isle of Bute; where he spent 12 days more, till he had eat up that island, pretending still that he hoped to be joined by more of his Highlanders." Burnet. are two Declarations published, one in the name of all those in arms, the other in his own; it would be too long for me to repeat the substance of them, it is sufficient to tell you, I am charged with usurpation and tyranny, the shorter of them I have directed to be forthwith communicated to you.-I will take the best care I can, that this Declaration of their own faction and rebellion may meet with the reward it deserves, and I will not doubt but you will be the more zealous to support the govern ment, and give me my Revenue as I have desired it without delay." Both Houses return Thanks to the King.] The commons immediately resolved, nem, con. "That the most humble and hearty Thanks of this house be given to his majesty for his most gracious Speech, and that the lords' concurrence be desired thereto." To which the lords acceded. The late King's Revenue granted for Life.] Resolved, nem. con. "That the Revenue which was settled on his late majesty for his life be settled on his present majesty during his life." -Ordered, That Mr. Solicitor do bring in a Bill for that purpose.* * "As the grant of revenue was unanimous, so there does not appear to have been any thing which can justly be styled a debate upon it; though Hume employs several pages in giving the arguments which, he affirms, were actually made use of, and, as he gives us to understand, in the house of commons, for and against the question; arguments which, on both sides, seem to imply a considerable love of freedom, and jealousy of royal power, and are not wholly unmixed even with some sentiments disrespectful to the king. Now I can-, not find, either from tradition, or from contemporary writers, any ground to think, that, either the reasons which Hume has adduced, or indeed any other, were urged in opposition to the grant. The only speech made upon the occasion, seems to have been that of Mr. (afterwards sir Edward,) Seymour, who, though of the Tory party, a strenuous opposer of the Exclusion Bill, and in general, supposed to have. been an approver, if not an adviser, of the ty rannical measures of the late reign, has the merit of having stood forward singly, to remind, the house of what they owed to themselves and their constituents. He did not, however, directly oppose the grant, but stated, that the elections had been carried on under so much court influence, and in other respects so illegally, that it was the duty of the house first to ascertain, who were the legal members, before they proceeded to other business of importance. After having pressed this point, he observed, that, if ever it were necessary to adopt such an order of proceeding, it was more peculiarly so now, when the laws and religion of the nation were in evident peril; that the aversion of the English people to popery, and their attachment to the laws, were such, as to secure, these blessings from destruction by any other, The Earl of Argyle's Declaration.] The earl of Middleton delivered a Paper from his majesty, entitled, The DECLARATION of Archibald earl of Argyle, Cowall and Campbel, Lorn, &c. Heretable Sheriff and Lieutenant of Argyle and Tarbet, and Heretable Justice General of the said Shires, and of the West Isles, and others; with his Orders to his Vassals and others in the said Shires, and under his jurisdiction, to concur for Defence of their Religion, their Lives and Liberties. "I shall not mention my Case published in print in Latin and Dutch, and more at large in English, nor need I repeat the printed Declaration emitted by several noblemen and gentlemen, and others of both nations now in arms; but because the sufferings of me and my family are therein mentioned, I have thought fit to declare for myself, that as I go to arms with those that have appointed me to conduct them for no private or personal end, but only for those contained in the said Declaration, I have concorded with them and approved of instrumentality than that of parliament itself, which, however, might be easily accomplished, if there were once a parliament entirely dependant upon the persons who might harbour such designs; that it was already rumoured that the Test, and Habeas Corpus Acts, the two bulwarks of our religion and liberties, were to be repealed; that what he stated was so notorious as to need no proof. Having descanted with force and ability upon these, and other topics of a similar tendency, he urged his conclusion, that the question of royal revenue ought not to be the first business of the parliament. Whether, as Burnet thinks, because he was too proud to make any previous communication of his intentions, or that the strain of his argument was judged to be too bold for the times, this speech, whatever secret approbation it might excite, did not receive from any quarter either applause or support. Under these circumstances it was not thought necessary to answer him, and the grant was voted unanimously, without further discussion.-As Barilion, in the relation of parliamentary proceedings, transmitted by him to his court, in which he appears at this time to have been very exact, gives the same description of Seymour's speech and its effects, with Burnet, there can be little doubt but their account is correct. It will be found as well in this, as in many other instances, that an unfortunate inattention, on the part of the reverend historian, to forms, has made his veracity unjustly called in question. He speaks of Seymour's speech as if it had been a motion in the technical sense of the word, for enquiring into the elections, which had no effect. Now no traces remain ing of such a motion, and, on the other hand, the elections having been at a subsequent period inquired into, Ralph almost pronounces the whole account to be erroneous; whereas their design, so I claim interest but in what I had before, the pretended forfeitures of my friends, and have sufficient right to. And that I do freely, fully, and as a Christian forgive all personal injuries against my person and family, to all that shall not oppose, but join and concur with us in our present undertaking, for the mentioned reasons in the said Declaration. And hereby I oblige myself never to pursue them in judgment. And I farther declare, that, obtaining the peaceable and quiet possession of what belonged to my father and my self before our pretended forfeitures, I shall satisfy all debts due from my father and myself, and as my faithfulness to his late majesty and his government hath sufficiently appeared to all unbiassed persons void of malice, so I do with grief acknowledge my former too much complying with, and conniving at the methods taken to bring us to the sad condition we are now in, though (God knows) never concurring in the design. I have now, with God's strength, suffered patiently my unjust sentence and banishment three years and a half, and have never offered to make any uproar or defence the only mistake consists in giving the name of motion to a suggestion, upon the question of a grant. It is whimsical enough, that it should be from the account of the French ambassador, that we are enabled to reconcile to the records, and to the forms of the English house of commons, a relation made by a distinguished member of the English house of lords. Sir John Reresby does indeed say, that among the gentlemen of the house of commons whom he ac cidentally met, they in general seemed willing to settle a handsome revenue upon the king, and to give him money; but whether their grant should be permanent, or only temporary, and to be renewed from time to time by parliament, that the nation might be often consulted, was the question. But besides the looseness of the expression, which may only mean that the point was questionable, it is to be observed, that he does not relate any of the arguments which were brought forward, even in the private conversations to which he refers; and when he afterwards gives an account of what passed in the house of commons, (where he was present,) he does not hint at any debate having taken place, but rather implies the contrary. This misrepresentation of Mr. Hume's is of no small importance, inasmuch as, by intimating that such a question could be debated at all, and much more, that it was debated with the enlightened views, and bold topics of argument with which his genius has supplied him, he gives us a very false notion of the character of the parliament, and of the times which he is describing. It is not improbable, that if the arguments had been used, which this historian supposes, the utterer of them would have been expelled, or sent to the Tower; and it is certain, that he would not have been heard with any degree of attention, or even patience." Fox's James 11. p. 147. |