persons: would not have a sudden impeachment by reason of the greatness of the person or danger of escape, lord Clarendon not being likely to ride away post.

Sir Tho. Clifford.* It will make an end of all impeachments here, to have witnesses examined.

Serj. Maynard. No man can do what is just, but he must have what is true before him; where life is concerned you ought to have a moral certainty of the thing, and every one be able to say upon this proof In my conscience this man is guilty.' Common fame is no ground to accuse a man where matter of fact is not clear; to say an evil is done, therefore this man hath done it, is strange in morality, more in logic.

Upon the whole debate it was voted, “That the Committee do reduce. the Accusation to Heads and present them to this house.”

Articles of Impeachment against the Earl of Clarendon. Nov. 6. Sir Tho. Littleton reported from the Committee appointed to draw up the Heads of Accusation against the ear! of Clarendon, certain Articles, which he read in his place, and afterwards delivered the same in at the clerk's table, which are as followeth, viz:

I. "That the earl of Clarendon bath designed a Standing Army to be raised, and to govern the kingdom thereby, and advised the king to dissolve this present parliament, to lay aside all thoughts of parliaments for the future, to govern by a military power, and to maintain the same by Free Quarter and Contribution.

maj. was not in strictness bound; and hath received great sums of money for procuring the same.

VII. That he received great sums of money from the Company of Vintners, or some of them, or their agents, for enhancing the prices of Wines; and for freeing of them from the payments of legal Penalties, which they had incurred.

VIII. That he hath, in short time, gained to himself a greater estate than can be imagined to be lawfully gained in so short a time; and, contrary to his oath, hath procured several Grants, under the great seal, from his majesty, to himself, and his relations, of several of his majesty's lands, hereditaments, and leases; to the disprofit of his majesty.

IX. That he introduced an arbitrary government in his majesty's Plantations; and hath caused such as complained thereof before his majesty and council, to be long imprisoned for so doing.

X. That he did reject and frustrate a Proposal and Undertaking, approved by his majesty, for the preservation of Nevis and St. Christopher's, and reducing the French Plantations to his majesty's obedience, after the commissions were drawn up for that purpose; which was the occasion of our great losses and damages in those parts.

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.

III. That he hath received great sums of Money for the procuring of the Canary Patent, and other illegal Patents, and ganted 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 imprisoned against law, in remote islands, garrisons, 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 like manner.

V. That he hath corruptly sold several Offices, contrary to law.

VI. 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

Clifford began (in 1665) to make a great figure in the house of commons. He was the son of a clergyman, born to a small fortune: but was a man of great vivacity. He was reconciled to the church of Rome before the Restoration. He struck in with the enemies of the earl of Clarendon." Burnet. He was afterwards advanced to a peerage, was made Lord Treasurer, andwas one of the CABAL.

XIII. That he hath, in an arbitrary way, examined, and drawn into question, divers of his majesty's subjects, concerning their lands, tenements, goods and chattels, and properties; determined thereof at the council-table; and stopped proceedings at law, by order of the council-table; and threatened some that pleaded the Statutes of 17 Car. I.

XIV. That he hath caused Quo Warrantos to be issued out against most of the corporations of England, immediately after their charters were confirmed by act of parliament ; to the intent he might receive great sums of money from them, for renewing their charters; which when they complied withal, he caused the said Quo Warrantos to be discharged, or prosecution thereupon to cease.

XV. That he procured the Bills of Settlement for Ireland, and received great sums of money for the same, in most corrupt and unlawful manner.

XVI. That he hath deluded and betrayed his majesty, and the nation, in foreign treaties and negotiations, relating to the late war; and discovered and betrayed his secret counsels to his enemies.

XVII. That he was a principal Author of the fatal Counsel of dividing the Fleet about June 1666."

Mr. Edw. Seymour, after having charged the lord chancellor, in general, thus expressed himself: He makes the earth groan by his Building (the monument of his greatness) as we have done under his oppression: and speaking of the king's being a Papist, said, As if the ills he had done must be supported by greatert.

Sir Tho. Littleton. [On presenting the Articles.] If he did not the crimes alledged, he is able to clear it upon others; he whined after a peace. At the beginning of the war he had no preparations. The wind was wonderfully in a corner, that the Dutch could not come out. He gave perpetual assurance that the French would not come out, he made plots, and a committee of lords and commons were appointed to enquire; but all came to no effect; nothing discovered. He made those plots as a ground to raise an army. The commons do of course send to the lords. The course is, that the lords do desire him to be secured.

Lord Cornbury. If any one article in this charge be proved, lord Clarendon will submit to the rest.

Another particular touching the dividing the Fleet, being delivered in, was added to the rest; and the heads again read at the table; on which a debate arose, whether the heads of the accusations brought in against the earl of Clarendon should be referred to a committee to take the proofs.

"The king had granted lord Clarendon a large piece of ground near St. James's, to build a house on. He intended a good ordinary house: but not understanding these matters, he was run into a vast charge of 50,0001. Some called it Dunkirk-House, intimating that it was built by his share of the price of Dunkirk. Others called it Holland-House, because he was thought to be no friend to the war." Burnet.-Lord Clarendon says himself, that he was not so much ashamed of any one thing he had done, as he was of the vast expence he had made in the building of his house, which had more contributed to that gust of envy that had so violently shaken him, than any misdemeanor that he was thought to have been guilty of. He adds, that it cost a third part more than he intended. Life, p. 512.

Mr. Dowdswell moves to have the Heads committed to enquire the truth, and argues that common fame is not sufficient to bring him upon the stage.

Sir F. Goodrick seconds it, because new matter was now added to what was formerly charged viva voce in the house.

Sir R. Howard. Suppose the earl innocent, and yet charged and imprisoned (which is the worst of the case) he afterwards appears innocent and is discharged, receiving no more hurt than other subjects have done; namely, one great man lately, (the Duke of Buckingham.) Object. But why should you commit him? Answ. For proof, whether the Articles be true or not: suppose men for self-preservation will not venture to come, not knowing how they may trust themselves, and so you have no proof, he very guilty, and you not able to proceed; is the inconveniency greater for an innocent person if he prove so, to suffer a few days, than for you to loose your reputation for ever. If this man be not brought to his trial, it may force him to fly to that which he councelled, that is, that we may never have parliament more.

Sir John Goodrick would have the gentleman make his own case. Moves that the impeachment may not go out of the house, till recommended to a grand committee.

Cal. Birch said that sir W. Pennyman, an evidence against lord Strafford, was checked for not offering to give his evidence.

Mr. Vaughan. You admit the accusation to be matter for a charge, if the committee find proof; if you intend to make this a distinct case I leave it to you; but if this be to settle the course of the proceedings of the house, I am against it; for this is ordering a way of proceeding in the earl's case, which shall not be a general rule. Though I cannot say one of the articles to be true, yet I know them to be a full charge if made good, and you are prescribing a course neither proper, nor ever practised. A witness who speaks without oath, is subject to damage; not so upon oath, because the law compels him: and whereas it hath been said, if witnesses attest before the house of commons, what judges dare meddle in it; I answer such judges are meddled in the case of sir John Elliot, &c. and the ship money.

retained still, even to an affectation, the clownishness of his education. He got up in the progress of the war to be a colonel, and to be concerned in the excise. And at the resto

The Earl of Clarendon's eldest son. "He was so provoked at the ill usage his father met with, that he struck in violently with the party that opposed the court." Burnet.-On king James's accession he was made Lord Privy Seal, and died in 1709.

Sir John Holland. No man impeached in the house of commons but blasted for ever after; therefore we should be wary how we proceed. If any person will undertake to make it good, as sir Henry Vane did lord Strafford's impeachment, he is for an impeachment. Mr. Seymour, speaking of precedents, said, that precedents in the church by the fathers are rather to facilitate assent, than impose belief-fitter for lower courts than a parliament. As soon as their own matter is accorded, treason is done away, as in the late precedents. One argument of the earl's guilt is, that he has not put himself upon his trial all this while. We are now disputing whether we shall ever impeach any person. Of his own knowledge many persons have been menaced in case they give evidence. Serpens qui serpentem devorat fit draco. Lord Clarendon has reserved to himself the monopoly of bribes. He says, he has a moral assurance of the proof of all his charge. Sir R. Howard. If we proceed only by the common law, we may be censured at some of the bars below; we must do it to satisfy, and then not satisfy by doing it. Though common law has its proper sphere, 'tis not in this place, we are in a higher sphere. If impeachments of this nature be not allowed, we have no way left of impeaching a great person. M. de la Pole so charged, and lord chancellor, who then governed all, and probably in the fault then.

Sir Henry North says, the amends he can make for any impertinency is not to hold them long. Understands the charge upon common fame only. Being without evidence, moves to have the articles argued head by head, what they amount unto.

Sir Rob. Atkins. We have things at the third hand; persons without doors say they know it by information. Urges the shame of accusing an innocent person; and credulous persons will retain some of the accusations, though false.

Sir W. Lowther. In parliament 1 Car. common fame was a good ground of proceeding in any accusation from the house of commons. Resolved then upon the question in Dr. Turner's case against the duke of Buckingham.

Sir Tho. Strickland. Lord Strafford complained of nothing done before his trial, but at his trial, and put it home to the lords as their own case in accumulative treason. The hardship he rejects, but the easy one in proceeding he would have. Never knew a child named before born, and so would not have the impeachment.

Mr. Waller *. The door was locked in the debate of lord Strafford's and the abp. of Canterbury's case. The reason, because of the greatness of the men. The king might dissolve the parliament before the impeachment.

"Waller was the delight of the house: And even at 80 he said the liveliest things of any among them. He was only concerned to say that which should make him be applauded. He deserves the character of being one of the

Sir R. Temple. In several impeachments no witness but from impeachments without doors. Grand juries present upon their own knowledge, and if the fact known by any, bound to present. M. de la Pole was impeached for common fame. When voted impeached, then time to inform a committee for accusations.

Sir John Holland. In lord Strafford's case information was to the committee of grievances by sir John Clotworthy-He moves for particular charge before impeached-Torches a-far off make a greater show than near at hand. From lord Bacon.

Sir Ch. Wheeler. Charges him with countenancing the Non-conformists. He charges the clergy with drunkenness in the proclamation, forgetting gluttony, himself so guilty of, he made many a poor gentleman believe at Paris, that he came from his Embassy in Spain, full of money-be sent prince Rupert into Germanyengrosses all money and counsels-corresponds with Cromwell, and had money from himoppressed the duke of York, till his alliance with his daughter.

The question being then put, that the Heads of the Accusation be referred to a committee to take the proofs, and report; it passed in the negative 194 to 128. The house then proceeded on the leads of the Accusation.

Nov. 7. The house resumed the farther consideration of the Heads of the Accusation delivered in against the earl of Clarendon.

Sir Tho. Osborne*. The king ready to change his religion !—no money remaining-no person in employment, but who can buy itwe are upon our last legs--no one man ever had more employments-threatens any man that gave advice-no vessel to swim without his hand at the rudder-no money issued out of the treasury without his approbation.-Sir Wm. Coventry brought orders out of the chancellor's closet, when the king was with him-if any other men had the thoughts, they had not the power-he has no pique against him, but as he is one of the 400+ (of the house of commons) thought by the chancellor useless and inconsiderable.

The First Article read.-Sir Rob. Howard

great refiners of our language, and poetry: He was for near 60 years one of the best of our writers that way." Burnet.

* Sir Tho. Osborne was a very plausable Speaker, but too copious, and could not easily make an end of his discourse. He had been always among the high cavaliers, and missing preferment, he had opposed the court much, and was one of lord Clarendon's bitterest enemies." Burnet. He was afterwards made lord Treasurer and earl of Danby, and at last duke of Leeds.

+ This expression (said by lord Clarendon himself to have been laid to his charge by Mr. Seymour) was, "That 400 country gentlemen were only fit to give money, and did not know how an invasionwas to be resisted." Life, p. 445.

heard from persons of quality, That it would be proved.

The Second Article was read.-Lord St. John, persons of great quality have assured him to make it good, and if they perform not, he will acquaint the house who they are.

The Third Article read.—Mr. Rd. Seymour. Sufficient persons will make it good, with this addition, when he received the money, he said, so long as the king is king, and I lord chancellor, the patent will stand.'

The Fourth and Fifth Articles read.-Sir R. Temple. Divers have undertaken to make them good; if they do not I will name them.

About the receiving Money of Vintners.-Sir Rob. Car. That he knows who will prove it.

About his getting a great Estate so suddenly. Mr. Seymour. I suppose you need no proof the sun shines at noon day.-Sir T. Littleton. The matter of fact, in the Article is easily made out, for his place as chancellor could not be worth above 4 or 5000l. per ann.

About introducing an Arbitrary Government in the Plantations.-Sir T. Littleton and sir T. Osborn alledged, that one Farmer and others came from the Barbadoes to complain of it, and lodged their petition in this house, but were imprisoned that they might not be heard. About frustrating Proposals for preserving Nevis, &c.-Sir Ch. Wheeler. The war, fire, and plague, not so great a loss as Nevis and St. Christopher's; Nevis worth 20,000l. per ann. to the king, and he receives not a shilling of it.

About the sale of Dunkirk.-Sir T. Osborne said, a great lord told him that the earl had made a bargain for Dunkirk three quarters of a year before it was known.

Mr. Waller. Paying for Dunkirk would entitle it to the crown, and us to the keeping it. The king might as well sell the Isle of Wight.

Mr. H. Coventry. It is as much treason to part with Dunkirk, as disband the guards; both being mentioned in the preamble of the act for supplying the king.

Sir R. Howard, thinks it was treason to sell the guards, if any enemy was in being. It is the way to confirm somebody else in the sale of Taugier too. A great man has said, if it could not be kept, it might be sold. He has heard the king of France should say, he hoped his next purchase should be London.

Mr. Prynne never heard that the selling a place with the king's consent, and the king had the money, was treason; but delivering a fort before reduced to extremity, is treason.

Mr. Vaughan. Dunkirk was an acquisition by arms, and therefore not alienable: Tangier, a portion with his wife, and therefore he might dispose of it. Dunkirk as much the king's dominion as Scotland or Ireland, and to sell it is treason by the law.

Sir Edw. Harley *. The king, apprehend

*He was governor of Dunkirk when that town was sold, he strenuously opposed the sale of Dunkirk, and by his interest in the house of commons procured a bill to be brought

ing that the Spanish ambassador might importuue him for it, bid him prepare an act for annexing it to the crown of England. The Act of 1,500,000l. does, he conceives, declare it to be part of the king's dominions. He lett there, in ready money, as appears, 9,640, according to the settlement of 6007. a week. A place of extraordinary relief to us.

Mr. Swynfin, in the charge of corresponding with Cromwell, alledges the act of indemnity. Mr. Vaughan. The chancellor might, in his defence, plead that or any other pardon, from the king.

Sir R. Howard would have him plead to it, that they may know the king's enemies from his friends.

Mr. Dodswell let slip a word, viz. ‹ violent stream against the chancellor;' called to the bar by many; at last put to explain himself: he professed no reflective intention, and humbly craved the pardon of the house.

Mr. Hampden spoke to that part of the act of indemnity, wherein the person grieved should have his treble damages in any court.

Sir Jon. Denham † The lord chancellor could not be out-lawed; but he is not clear in equity. This Article was accordingly left out.

Mr. Thomas will make good, when it is convenient, the article of council-table-orders, against law.

Sir Edw. Masters asserts the article of Quo Warrantos for the corporation of Canterbury. The 16th Article was then read.

Sir R. Howard. No man can deny that corresponding with the king's enemies is treason. If it be not, treason has neither name nor definition.

Sir T. Littleton. Deluding his maj. in all foreign treaties relating to the late war. Setting out no navy, in expectation of peace, and has undertaking that the French would not engage against us, this last summer, when we expected a peace in April, and had it not till August.

Mr. Waller. He might hold correspondence with the king's enemies, and not betray him to his enemies.

in, at the Restoration, for annexing it inseparably to the crown. But it was laid aside after being once read.

* Eldest son of the famous patriot. He had before been chosen one of the five Knights of the shire for Bucks, by the Protector in his parliament 1656, who also about the same time created him a lord, or a member of his upper house. Ath. Oxon. vol. ii.

+ The celebrated author of Cooper's Hill.

"This was ro sooner said than a young confident man, the lord Vaughan, son to the earl of Carbery, a person of as ill a face as fame, his looks and his manner both extreme bad, asked for the paper, that had been presented from the committee, and with his own band entered these words, That being a privy counsellor, he had betrayed the king's secrets to the enemy." Lord Clarendon's Life.