"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 testimonies of your affection and duty to him, for which he again and again renews unto you his most hearty thanks) was, as you very well know,prorogued from Feb. last, till this 10th day of Oct.; his majesty having then reason to believe that there would be no cause of your re-assembling in the mean time.-But, in this interval, the Dutch (who, since the war begun, were strengthened 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 England, or some other of his majesty's dominions, we had then cause to suspect.In this strait his maj. (who in lesser difficulties had frequent recourse unto his parliament, 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 issued out proclamations for your meeting on the 25th of July last past.-This (though 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 allowed, or dispensed withal.-Before that 25th of July, there was a prospect and daily expectation, and (within 3 days following) an assurance of a Peace, concluded with, and ratified, by our three potent adversaries. The storm which threatened us being thus blown over, and succeeded by so great a serenity, it was raised as a doubt by grave and wise inen, whether or no, the necessities and difficulties which caused so early a summons being removed, you could sit or act as a parliament before the 10th of Oct. being the fixed time to which you were formerly prorogued. For this cause, together with those others mentioned 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 not equal to all the difficulties of his office. In nice points he was too much inclined to decide in favour of both parties; and to divide what each claimant looked upon as his absolute property. His lady, a woman of cunning and intrigue, was too apt to interfere in chancery suits; and his sons, who practised under him, did not bear the fairest characters. He is said to have been removed from his office for refusing to affix the seal to the king's Declaration for Liberty of Conscience." Granger, vol. iii. p. 361. Sce also North's Life of the Lord Keeper Guilford, p. 88. | prefixed, and you meeting here upon a double call, his maj. hopes it is a happy omen, that this session of parliament (which in law is but 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 maj. supposes that no man would expect, that during your recess he should have refused overtures of Peace; the vicinity, as well as potency, of his united enemies, the great expences of the war, carried 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), induced him to embrace the opportunity of concluding a peace.But you well know, that though 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 hinders the current of trade, both at home and abroad; and in this particular, his maj. 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 prejudiced, by the import of their commodities hither, nor yet they so discouraged as to leave off trading here, and find out another vent abroad, more dangerous to us. This he finds too hard for him without your assistance, though (upon your recommending it to him) he hath used some endeavours therein.-His maj. formerly promised that you should have an Accompt of the Monies given towards the war, which his maj. hath commanded his officers to make ready; and since that way of com. mission (wherein he had put the examination of them) hath been ineffectual, he is willing you should follow your own method, examine them in what way and as strictly as you please. He doth assure you, he will leave every one concerned to stand or fall, according to his own innocence or guilt.-His maj. hath reason to believe, that some disaffected persons (taking advantage of the public necessities) have spread abroad discourses and rumours reflecting upon the government, intending thereby to beget a dissatisfaction 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 maj. 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 happened, his maj. will be as willing and ready to redress them for the future, as you to have them represented unto him.-And his maj. 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 the one is the good of both." 6 Address of both Houses to the King.] Oct. 15. Immediately after, the house of commons took OF THE EARL OF CLARENDON. Oct. 26. The commons took into examination the conduct of the earl of Clarendon, to into consideration what had been said to them, | PROCEEDINGS RELATIVE TO THE IMPEACHMENT and resolved upon an Address of thanks to his majesty, in which they desired and obtained the concurrence of the lords. Accordingly, this day 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 pleased to let us know, that your majesty thought fit to prorogue this parliament till the 10th of Oct. that you might give yourself time to do something which would 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 delivered by your majesty's command by the Lord Keeper. And particularly, that your majesty hath been pleased to disband the late raised Forces; and to dismiss the Papists from out your guards, and other military employments: for your maj.'s care in quickening the execution of the Act for restraining the Importation of foreign cattle for causing the Canary Patent to be surrendered 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 maj. 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 public affairs whatsoever."* * "When the house of commons came together, one Tomkins, a man of very contemptable parts and of worse manners (who used to be encouraged by men of design to set some motion on foot, which they thought not fit to appear in themselves till they discerned how it would take), moved the house that they might send a Message of Thanks to the king for his gracious expressions, and for the many good things which he had done, and particularly for his removing the Chancellor which was seconded by two or three, but rejected by the house as a thing unreasonable for them who knew not the motives which had disposed his majesty and so a committee was appointed to prepare such a Message as might be fit for them to send. And the lords the same day sent to the king, without consulting with the commons, to give his majesty Thanks for the Speech he had made to them in the morning, which commonly used to be done. The king declared himself very much offended that the VOL. IV. proposition in the house of commous for returning Thanks to him had not succeeded, and more that it had been opposed by many of his own servants; and commanded them to press and renew the motion: that his honour was concerned in it; and therefore he would expect Thanks, and would take it very ill of any of his own servants who refused to concur in it.'Hereupon it was again moved: but notwithstanding all the labour that had been used contrary to all custom and privilege of parliament, the question held six hours debate, very many speaking against the injustice and regularity of it; they on the other side urging the king's expectation of it. In the end the question being put, it was believed the Noes were the greater number: but the division of the house was not urged for many reasons; and so the Vote was sent to the lords, who were desired to concur with them.-But it had there a greater contradiction. They had already returned their Thanks to the king; and now to send again, and to add any particular to it, would be very incongruous and without any precedent: and therefore they would not concur in it. This obstinacy very much displeased the king: and he was persuaded by those who had hitherto prevailed with him, to believe that this contradiction, if he did not master it, would run through all his business that should be brought into that house. Whereupon his maj. reproached many of the lords for presuming to oppose and cross what was so absolutely necessary for his service and sent to the abp. of Canterbury, that he should in his majesty's name command all the Bishops bench to concur in it; and if they should refuse it, he would make them repent it;' with many other very severe reprehensions and animadversions. This being done in so extraordinary a manner, the duke of York told his majesty, how much it was spoken of and wondered at:' to which his maj. replied, that his honour was engaged, and that he would not be satisfied if Thanks were not returned to him by both houses; and that it should go the worse for the Chancellor if his friends opposed it.' And he commanded h. r. b. that he should not cross it, but was contented to dispense with his attendance, and gave him leave to be absent from the debate; which liberty many others likewise, took and so when it was again moved, though it still was confidently opposed, it was carried by a major part, many being absent.-And so both houses attended the king and gave him Thanks, which his majesty graciously received as a boon he looked for, and said somewhat that implied that he was much displeased with the Chancellor; of which some men thought they were to make the best use they could. And therefore, after the king's Answer was reported to the house of peers, as of course what : 2 B whose charge 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 impeached in the name of the commons, till Articles should be formed against him; others urged, 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 Mr. Vaughan making report on the 29th, that they had found various proceedings in several parliaments, there arose another long debate, which was maintained with great warmth. Sir Thomas Littleton said, that in cases criminal, they find proceedings to have been, sometimes by Articles, sometimes by word of mouth; but in capital crimes no proceedings appear till the earl of Strafford's case, against whom the house carried up a general Impeachment; the reason whereof seems to be this: some votes were made in the house at which the king takes offence, as if they would proceed upon common fame; whereupon they vindicate their proceedings as done in a parliamentary way, and appoint a committee to withdraw for about half an hour to consider the matter for a conference with the lords about the Charge, and upon their report a general Charge is carried up to the lords' bar; · soever the king says upon any Message is always reported, it was proposed, That the king's Answer might be entered into the Journal-Book;' which was rejected, as not usual, even when the king himself spoke to both houses; nor was what he now said entered in the house of commons. However, when they had consulted together, finding that they had not yet so particular a record of the displeasure against the Chancellor, as what he had said upon this Message did amount unto, they moved the house again, that it might be entered in the Book:' and it was again rejected. All which would not serve the turn; but the duke of Buckingham a third time moved it, as a thing the king expected: and thereupon it was entered." Clarendon's Life, p. 443. * Afterwards sir Edward, Speaker of the House of Commons, a Commissioner of the Admiralty, and Treasurer of the Navy." The ablest man of his party was Seymour, who was the first Speaker of the house of commons, that was not bred to the law. He was a man of great birth, being the elder branch of the Seymour family; and was a graceful man, bold and quick. He was violent against the court, till he forced himself into good posts. He knew the house and every man in it so well, that by looking about he could tell the fate of any question." Burnet. "From being a wild spark about town, he came early into the court, and was of that gang that routed the lord chancellor. His the principal Charge then was for advising to bring over the Irish Army, and the single proof was sir Henry Vane, so the Impeachment went up for High-Treason, though no member would positively say he would make the Charge good. So for the bishop of Canterbury there was no Impeachment, but a Charge in general. And if you take not the same course now, but insist upon examining witnesses first, the difficulties will be unanswerable; for is it like that men before they shall see you in earnest will have their names produced against the earl of Clarendon? If this be your proceeding, we must never expect to impeach a great man more. If you think there is nothing in the Charge leave it, but if you think it is worth your while take heed of making such a dangerous precedent as by neglecting it to wound your liberties; but proceed in the usual way with a general Impeachment. Serjeant Maynard. I stand not up to give advice, but to speak to matter of fact in the business of Strafford and Canterbury. I attended that business from the beginning: sir J. Clotworthy informed something against Strafford to be direct treason, that he had assumed an arbitrary power in Ireland, and dispossessed one Savage by force of arms, and undertook to prove it. Sir H. Vane also told them that he had a note taken out of his father's cabinet, containing the advice which Strafford gave the king in that case. Namely, the king wanting money, and the question being how entrance was through the parliament; for, being buoyed upon the Western alliance, he was considerable in the house of commons. He served as Speaker there eleven years; and, as such, was called to the privy council. He was ambitious and proud in the highest degree; and was supposed to decline no means that tended to his advancement. When he was of the privy council, he scorned to speak at the lower end, where his place was, but commonly walked up near the king, and standing behind the chairs of the chancellor, or other great lords, spoke to the king. And, as his nature, so his speeches were often arrogant and disrespectful. Once, at the council, he said to the king, Sir, how long will your majesty prevaricate with yourself?' The king muttering, repeated the word prevaricate' divers times, but made no reply. This, probably, joined with other like tempered speeches, lost him the king's favour." North's Life of the Lord Keeper Guilford, p. 228. ་ + Of this celebrated lawyer, who lived till after the Revolution, this remarkable story is told by bishop Burnet. He came with the men of the law to wait on the prince of Orange, being then 90 years old, and yet said the liveliest thing that was heard of on that occasion. The prince took notice of his great age, and said that he had outlived all the men of the law of his time. He answered, he had like to have outlived the law itself, if his highness had not come over. he should supply it, he replied, That if the, parliament was refractory and would not, you stand loosed and absolved from rules of government; you have an army in Ireland which you may employ to reduce them.' Then there was a debate, Whether they should accuse him of Treason. And, Sir Edw. Herbert (the Attorney) said, if you are persuaded the truth is, as is pretended, you may, and so it was; but when the close committee had examined the business, they moved the house, that some lawyers might be added to them, and had they gone, when they said they were ready, they had not touched one hair of Strafford's head. Then it was considered what was fit to be done: To accuse him of Treason would be a dangerous precedent, as if out of many other crines a Treason could be drawn, thereupon it was Resolved not to demand judgment from the lords, because some Articles were not Treason. Then it was propounded not to state what his offences were, lest it should give advantage to inferior courts so to proceed; but said he deserved to be accused of Treason, and in conclusion a proviso was added, not to make that case a precedent. For the bishop of Canterbury, the 4 Articles were general, and he was long in prison without any proceeding against him; but after long time he demurred, then new Articles were framed, on which he died. Answer, and so would any man; but when this is bruited up and down, will not the world say, You never ask the party whether guilty?—The Duke of Suffolk was charged upon common fame, and if that were a ground for a charge then (which I do not say it was) so it is in this case: but he moved that he might be heard, and though it was desired he might be committed, yet it was justly rejected till he had answered: then for the nature of the Charge, if it be true, it is very high, but whether it be Treason is another matter, it is brought to you under no name, when you make the charge, it becomes you to say what it is; therefore choose a Committee to reduce the accusation into Heads, and bring them to you, without which you cannot right yourselves, nor him, if innocent.-For the way of it, it cannot be thought fit to publish your witnesses and the matter before-hand; if in private causes the defendant and plaintiff should have a publication before hand, no cause would be rightly judged, much less when you have publication of all which concerns the one, but nothing of the other. Again, if a witness be examined concerning matters in his own knowledge, if he gives evidence, where he is not brought judicially to give it, if he hath testified any thing which brings him within the statute of false news, how can he avoid the penalty? For it is not enough for him to say he knows it, but he must Mr. John Vaughan.* You have had a charge have others to justify it. As for the persons opened of a strange nature, and I know not who bring the Charge, they are your own memwhat part of it can be proved, but the repu- bers, which the writs return for honest and tation of this house is at stake, and of the king discreet men, and if you are satisfied of that, too; for, where a Charge is brought in by how can you reject their complaint, though some of your members, whereof one Article is, grounded upon Common Fame, as all accuThat he should say such words of the king, as sations are, seeing they tell you, they can by a statute made by you is a præmunire, and bring proof of what they say?-Then for Comto give council to levy war upon the kingdom; mon Fame, if a man spends largely, and hath is it agreeable to our duty to the king and king- no visible way to get an estate, no man acdom to let it die? For the person, concerned, cuseth him to have gotten it unlawfully; yet I know not which way his honour can be whole he may be put to clear himself from what Comwithout his giving an Answer to his Charge; mon Fame chargeth him with. Upon susfor mark the consequence, if the king should picion of felony, I may bring a man before a take him to favour again, before cleared, magistrate to clear himself, so in the course of will not the world say, a person is received Indictments, and Presentments, a Charge is to favour again who gave the king council given of what things are to be presented; then against the kingdom, and traduced the king, a proclamation is made, That if any one can and how can he be whole in his honour give evidence, he may be sworn, but if no evithis way; Obj. But it will be said, we must dence appear, yet they may indict.—Then it have ground to put him to Answer. Ans. will be said, the oath is a material thing, but Whether you have ground enough to prove Iwe are proceeding without an oath. To this know not, but you have ground enough to make him Answer to clear himself. Suppose those two Articles had been charged on a member of this house, what would it have become that member to do; should he sit still and say, I will make no Answer, but see whether the house will make more proof;' if he should do so, the not making an Answer is reason enough to charge him. I can give you instances of persons charged in parliament, who, though not nominated, yet being (as it were) pointed at, petitioned that they might * Afterwards Chief Justice of the Common Pleas. I answer, What this house shall charge is of Mr. Laurence Hyde. I am sensible, the * The earl of Clarendon's second son. "He is a man of far greater parts than the eldest. He has a very good pen, but speaks not gracefully. He was thought the smoothest man in the court; and during all the disputes concerning his father, he made his court so dextrously, that no resentment ever appeared on that head." Burnet, house may think me partial, but I shall endeavour to shew myself not so much a son of the earl of Clarendon as a member of this house; and I assure you that if he shall be found Guilty, no man shall appear more against him than I; if not, I hope every one will be for him as much as I let every man upon his conscience think what of this Charge is true, for I believe that if one Article be proved, he will own himself guilty of all. and the evidence kept secret, I propose that Mr. Vaughan. You should have put the first question before another had been moved, the earl of Middlesex (Cranfield's Case) will not hold parallel; he was accused of bribery, which might be proved by their own books, but this is for scandalizing the king, &c. And where shall the committee of grievances enquire about it? You say let them hear the persons. But suppose they be of the lords house, can you send for them? Or if you do, will they come and say it? The matter of this accu of a single person, if he delivers it extrajudicially (which he doth, if not upon oath) he may be undone by it, and hazard his person too: at the committee of grievances the persons must be known, and what they can say, and then we may conclude what will follow : besides, their quality may be such as they cannot be brought, or their discretion such as they will not answer. Sir Heneage Finch. An Impeachment there must be, if there be Cause; such accusations are not to be passed over in silence. I believe not one truth in the law more than this proposition, that there is no such thing as treason by common-law, or by equity, and we hold our lives by that law; before the 25th of Edw. III. a man could scarce speak any thing but it was treason in parliament or out, but no man ought to die as a traitor, who hath not literally offended that law, or some other made since: there is indeed in that law a proviso about the parliaments declaring, what is treason, but note the danger of taking declaratory powers, which 1 fear hath brought us into a reckoning of blood, which we have not yet paid for. The power of parliaments is double, legislative, which hath no bounds, declaratory, by pronouncing judgments. And though I know not what the legislative power of a parliament cannot do, yet it is not in the power of the par-sation is such, that if it lies in the knowledge liament, king, lords, nor commons, to declare any thing to be treason which is not in the common-law felony before. The prov:so in Strafford's case was (it is true) made for inferior courts; but I hope we shall not so proceed as must needs draw after it a ne trahatur in exemplum,' and your own act this parliament shews, that all done by Strafford, a part, or together, was not treason: and it behoves us to take heed we thwart not our own argument. -For the manner then, consider how you should proceed if it were out of parliament, and how the bringing of it into the house alters it. If it were out of parliament, without doubt the accusation should be proved before hand, and those who discover it are guilty of felony. This provides for the subject, that the witnesses must be two, and for the king, that none shall discover the evidence.-But suppose the Charge be for misdemeanors, the trial then is not to be by the lords, but by the commons; for the lords are his peers only in cases capital. How then doth the bringing it into parliament alter the case? If the parliament set aside laws in this case, we should be happy to see law declaring what is the power of parliaments. There is no precedent proceeding in the house, with his own opinion duced which is singly of weight to guide you, therefore if you proceed, let it be as near as possible by the good old laws; namely, That there be an Accusation founded upon an oath "Finch was a man of probity, and well versed in the laws. He was long much admired for his cloquence; but it was laboured and affected." Burnet. Sir Rd. Temple. Tell but the lords that a man in public place hath misbehaved himself, and they will sentence him, if he purge not himself; never yet were witnesses examined before the trial in case of treason or felony, for then, if there be two witnesses, a way may he found by poison, or some other way, to take away one. Let not this son of Zeruiah be too strong for king and parliament. Mr. Marcells would have the faults hunt the "This was the famous Andrew Marvell, who was representative for the town of Kingston upon Hull. He discharged this trust with strict integrity and fidelity; aud was highly esteemed by his constituents, to whom he constantly sent a particular account of every pro thereupon: a conduct so diligently respectful, together with his general obliging deportment towards them, did not fail to endear him perfectly to their affection; and they were not wanting on their side to testify their grateful sense of it, by allowing him an honourable pension the whole time he represented them." Marvell's Life, prefixed to his works, p. 9, 10, He died in 1678. See Note to p. 106. |
