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in the present debate, with the power and malice of my enemies, who give out, that they shall prevail with his majesty to prorogue or dissolve this parliament in displeasure, and threaten to expose me to the rage and fury of the people, may make me looked upon as the cause which obstructs the king's service, and the unity and peace of the kingdom; I most humbly beseech your lordships, that I may not forfeit your lordships favour and protection, by withdrawing myself from so powerful a prosecution, in hope that I may be able, by such withdrawing, hereafter to appear, and make my defence, when his majesty's justice, to which I shall always submit, may not be obstructed or controuled by the power and malice of those, who have sworn my destruction. CLARENDON."

any ambassador should give me any account of the transactions, but to the secretaries, with whom I was always ready to advise: nor am I conscious to myself of having ever given advice, that hath proved mischievous or inconvenient to his majesty and I have been so far from being the sole manager of affairs, that I have not, in the whole last year, been above twice with his maj. in any room alone, and very seldom in the 2 or 3 years preceding: and, since the parliament at Oxford, it hath been very visible, that my credit hath been very little; and that very few things have been hearkened to, which have been proposed by me, but contradicted, eo nomine, because proposed by me. I most humbly beseech your lordships to memember the office and trust I had for 7 years, in which, in discharge of my duty, I was obliged to stop and obstruct many When the earl's Apology was read by the mens pretences, and to refuse to set the seal commons, it occasioned a new turn, and a new to many pardons, and other grants, which warmth in the debates of that house. Mr. would have been profitable to those who pro- Vaughan among other things said, 'It is the cured them; and many whereof, upon my re- first time that ever I heard an innocent man presentation to his majesty, were for ever stopt; run away under the greatest charge, with hopes which naturally have raised many enemies to to return again and vindicate himself. Mark me and my frequent concurring, upon the one expression; he says, he is as far from corrupdesires of the late Lord Treasurer (with whom tion, as he is from disloyalty: if he had said I had the honour to have a long and a fast he was guilty of neither, he had said something, friendship, to his death) in representing several but by that expression he may be guilty of excesses and exorbitances, the yearly issue so both. So insolent a paper I never met with far exceeding the Revenue, provoked in many in this kingdom, nor have I ever heard the persons concerned, of great power and credit, like in any other: so inconsiderable a part of to do me all the ill offices they could. And the nation as he is, to lay it upon the nation, yet I may faithfully say, that I never meddled who, if innocent, might defend himself; if with any part of the Revenue, or the admi- guilty, why does he charge the nation with nistration of it, but when I was desired by the persecuting? Therefore, without troubling ourlate lord treasurer to give him my assistance selves with it, do as the lords have done, who, and advice (having had the honour formerly delivered it to us as a scandalous and sedito serve the crown, as chancellor of the exche- tious Paper; it has malice in it, and is the quer); which was, for the most part, in his greatest reproach upon the king and the whole majesty's presence. Nor have I ever been, in nation, that ever was given by man.'-Therethe least degree, concerned, in point of profit, fore, in conclusion he put the question, Whein the letting any part of his majesty's reve- ther the Paper should be voted scandalous and nue; nor have ever treated or debated it, but malicious, and a reproach to the justice of the in his majesty's presence; in which my opi-nation? Which was carried in the affirmative. nion concurred always with the major of the Sir R. Howard moved that it should be counsellors, who were present.-All which, burnt by the common-hangman; but that was upon examination, will be made manifest to opposed, because the lords desired the Paper your lordships, how much soever my intregity to be returned; yet still at last that was caris blasted by the malice of those, who, I am ried also in the affirmative.* confident, do not believe themselves: nor have I, in my life, upon all the Treaties, or other wise, received the value of one shilling from all the kings and princes in the world (except the Books of the Louvre print, sent me by the chancellor of France, by that king's direction) but from my own master, to whose entire service, and to the good and welfare of my country, no man's heart was ever more devoted.This being my present condition, I do most humbly beseech your lordships to retain a favourable opinion of me, and to believe me innocent from those foul aspersions, until the contrary shall be proved; which, I am sure, can never be by any men, worthy to be believed: And since the distempers of the times and the differences between the two houses

*"This Address was no sooner read, in the house of lords, but they who had contributed most to the absenting himself, and were privy to all the promises which had invited him to it, seemed much troubled that he had escaped their justice, and moved, That orders might be forthwith sent to stop the ports, that so he might be apprehended; when they well knew that he was landed at Calais. Others took exceptions to some expressions, which,' they, said, reflected upon the king's honour and justice.' Others moved, That it might be entered in their Journal Book, to the end that they might farther consider of it when they should think fit;' and this was ordered. The Address was no sooner read in the other house,

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A Bill passed for the Banishment of the | you bring upon yourselves all the dishonour of Earl.] Dec. 13. A Bill was sent down from the business; but the lords will have some exthe lords for the Banishment of the earl of Cla-cuse, which you cannot; for they looked upon rendon. Upon the reading of which, several the charge so slight, as not to imprison him. objections were made; and it being alledged, The party is gone, apprebending, he says, the That it was an abuse put upon the commons fear of the multitude, not of his trial: so the by the lords, and that a Bill of Attainder being lords not giving credit to your charge against proposed, after some debate the house passed him, he says, He flies not from justice. Now, this vote; "Resolved, That, this house taking if upon this bill you should banish him, it would notice of the Flight of the earl of Clarendon, be said, you could not make good your charge, being under an Impeachment of High-Treason and therefore laid this sentence upon him. by this house, the king's majesty be humbly The precedent is also dangerous, if, having desired to issue out his Proclamation for sum- gone so far in a judicial way, you should now moning the said earl to appear by a day, and go in a legislative. If, upon reason of state, to apprehend him in order to his trial: and lords might be banished, it may be by dozens: that the lords be sent to for their concurrence as you proceed justly, so you will be justified.' in this vote." But the lords would not concur:-After several speeches on the 18th, the bill and on the following day delivered their Rea- was read a third time and passed, there being sons, and particularly declared, "That their 65 for it, and 42 against it.* 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 passed 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 alleged; and others too great for the cause in hand. Mr. Swinfen 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,

but they who had industriously promoted the former resolution were inflamed, as if this very instrument would contribute enough to any thing that was wanting; and they severally arraigned it, and inveighed against the person who had sent it, with all imaginable bitterness and insolence. Whilst others, who could not, in the hearing it read, observe that malignity that it was accused of, sat still and silent as if they suspected that somewhat had escaped their observations and discovery, that so much transported other men; or, because they were well pleased that a person, against whom there was so much fury and malice professed, was got out of their reach. In conclusion, after long debate it was concluded, 'That the paper, containing much untruth and scandal and sedition in it, should be publicly burned by the hand of the hangman.' which vote they presently sent to the lords for their concurrence, who, though they had not observed any such guilt in it before, would maintain no farther contests with them, and so concurred in the sentence. And the poor paper was accordingly with solemnity executed by the appointed officer." Lord Clarendon's Life, p. 464.

"Lord Clarendon survived his banishment six years; and employed his leisure chiefly in reducing into order the history of the civil wars, for which he had before collected materials. The performance does honour to his memory; and except Whitlocke's memorials, is the most candid account of those times, composed by any contemporary author.Clarendon was always a friend to the liberty and constitution of his country. At the commencement of the civil wars, he had entered into the late king's service, and was honoured with a great share in the esteem and friendship of that monarch: he was pursued with unrelenting animosity by the long parliament: he had shared all the fortunes, and directed all the counsels of the present king during his exile: he had been advanced to the highest trust and offices after the restoration: yet all these circumstances, which might naturally operate with such force, either on resentment, gratitude, or ambition, had no influence on his uncorrupted mind. It is said, that when he first engaged in the study of the law his father exhorted him with great earnestness to shun the practice too common in that profession, of straining every point in favour of prerogative, and perverting so useful a science to the oppression of liberty: and in the midst of these rational and virtuous counsels, which he reiterated, he was suddenly seized with an apoplexy, and expired in his son's presence. This circumstance gave additional weight to the principles which he inculcated. The combination of king and subject to oppress so good a minister affords, to men of opposite dispositions, an equal occasion of inveighing against the ingratitude of princes, or ignorance of the people. Charles seems never to have mitigated his resentment against Clarendon; and the national prejudices pursued him to his retreat in France. A company of English soldiers, being quartered near him, assaulted his house, broke open the doors, gave him a dangerous wound on the head, and would have proceeded to the last extremities, had not their officers hearing of the violence, happily interposed." Hume.

Protests relating to the Proceedings against the Earl of Clarendon.] Nov. 20. The house took into consideration the Report of the Conference with the commons yesterday, concerning the Proceedings against the earl of Clarendon; in order thereunto the Reasons of the commons were read, and then these precedents mentioned by the commons were read: 1. The precedent of the Impeachment against the earl of Strafford, the 11th Nov. 1640. 2. The Impeachment against Wm. Laud, abp. of Canterbury, the 18th Dec. 1640. 3. The Impeachment against the lord Finch, lord keeeper, the 22nd of Dec. 1640. 4. The Impeachment against sir Geo. Radcliffe, the 29th Dec. 1640. And, after a long debate on the first Reason, and the aforesaid precedents, the 2nd, 3rd, 4th, 5th and 6th Reasons were again read. And, after a serious debate thereof, the question being put, Whether, upon these Precedents and Reasons of the commons, and the whole debate thereupon, their lordships are satisfied to comply with the desires of the commons for sequestering from this house, and committing the earl without any particular Treason assigned or specified? It was resolved in the negative.

“We whose names are underwritten do according to the antient right and usage of all the peers of the realm assembled in parliament, enter and record our Protestation and particular Dissents as follow, and for these Reasons: 1. That we are satisfied, in agreement with so much of the Reasons of the commons alledged to that purpose, as upon a very long and solemn debate in this house did concur with our sense, that the earl of C. should be committed to custody, without assigning of special matter, until the particular Impeachment shall be exhibited against him by the commons before the lords in parliament; or else, how shall any great officer of the crown, and his accomplices, be prevented from evading to be brought to a fair and speedy trial? 2. We do conceive, that the four precedents urged by the commons for his commitment as aforesaid, and to justify the way of their proceedings by general Impeachment only, are valid, and full to the point of this case; and that the precedent of Wm. de la Pole, duke of Suffolk, in the 28th of Hen. 6, is no precedent at all to the contrary, in regard that it was no judgment nor appeal in parliament, but rather an appeal to the king from the judicature of the parliament, whilst the parliament was sitting, which is not according to the known privilege and customs of this house. 3. The earl of C.'s power and influence in the absolute management of all the great affairs of the realm hath been so notorious, ever since his majesty's happy return into England, until the great seal was taken from him, that whilst he is at liberty few or none of the witnesses will, probably, dare to declare in evidence, all that they know against him; for defect whereof the safety of the king's person, and the peace of the whole kingdom, may be very much endangered. 4. We conceive, that, VOL. IV.

in cases of treason and traiterous practices, the commons have an inherent right in them to impeach any peer of the realm; or other subject of England, without assigning of special matter, because treason either against the king's person, or the government established, which are indivisible, is such a speciality in itself alone, that it needs no further specification as to the matter of safe custody; nor can it be suspected, that so honourable a body as the house of commons would have accused a peer of the realm, of the earl of C.'s eminency and condition, without very good cause.— Buckingham, Albemarle, Teynham, W. St. David's, T. Lucas, Cha. Gerrard, Berkshire, Paulett, Howard of Charlton, Pembroke and Montgomery, Rochester, Jo. Duresme, W. Sandys, Jo. Berkeley, Northampton, Kent, Carlisle, Dover, Norwich, Vaughan, Hen. Hereford, Byron, Bathe, Bristol, Arlington, Say and Seale, Powis."

Nov. 21. A message was sent to the commous by sir Wm. Childe and sir John Cole, to desire a present conference, concerning the matter of the last conference touching the earl of Clarendon. The messengers sent to the commons returned with this Answer: That the commons are now in debate of matters of great consequence, and will return an answer presently by messengers of their own.-A message was brought from the commons by sir R. Howard and others, to desire a conference upon the last Message. The question being put, Whether to give the commons a present conference upon the last message? It was resolved in the Affirmative.-" Memorandum. That, before the putting of the above question, these lords following desired leave to enter their dissents, if it were carried in the affirmative; which being granted, they do accordingly enter their Dissents, by subscribing their names to the Reasons following: 1. Because the lords having first desired a conference, the commons did not give it. 2. Because there is no precedent, that they can find, of any such proceeding in parliament before this. 3. Because the commons could not tell what was to be offered at the conference desired by the lords. 4. Because, for ought they knew, the lords at the conference intended to agree with the Reasons, or give reasons against them. 5. Because there were no precedents of free conferences (nor can they, as we conceive, be) in points relating to judicature, which is entirely the lords, whose work is to consider the Rea sons offered by the commons, and give the rule. Anglesey, Chandos, J. Bridgewater."

Dec. 12. An Act for banishing and disenabling the earl of Clarendon, was read a 3rd time. The question being put, whether this Bill shall pass; It was resolved in the affirmative. "I whose name is underwritten do, according to the ancient right and usage of all the peers of the realm assembled in parliament, after due leave demanded from the house in the usual manner and form, as the Journal Book doth shew, enter and record my Protes

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the end that it may appear to posterity that we did not give our consents to that Bill, we do now take liberty to enter our Dissents, by subscribing our names. Berkeley of Berkeley, Holles, Ro. Lexington, T. Culpeper."

Dec. 19. The king by commission passed the above and four other bills. Immediately after, Mr. Secretary Morrice delivered this Message from the king to the house of commons; "His majesty having by a former Mes-' sage acquainted you, that he intended an Âdjournment to the beginning of Feb.; he doth now conceive, that Thursday the 6th of Feb. is a convenient day to which such an Adjournment may be made: and his majesty is willing to adjourn to that time." Accordingly, the Parliament broke up, after it had sat a little above two months, and without any prorogation had now a recess of above seven weeks.

[The King's Speech to both Houses.] Feb. 10, 1667-8.-Both houses met again, when his majesty made the following Speech from the throne:

tation and dissent as follows: 1. That without having ever been in prison, or imprison-ment appointed, or any legal charge brought, it seems unjust to punish the earl of Clarendon for only withdrawing himself; it not being at all certain to the house, that he is gone out of the kingdom; and if it were known to the lords that he were fled beyond the seas, though the fault would be very great in a person who hath lately been in such trust, yet perpetual exile, and being for ever disabled from bearing any office, and the penalties in the Bill, seem too severe a censure. 2. That it may, perhaps, give some occasion for the scandal to have it believed, that the house of commons, and others, by standing so long upon pretence of a privilege to require commitment before special matter of treason assigned, were in doubt, that no proof of treason could be made out against the party accused; and that they had therefore designed, through terror, to inake him fly and fear, lest he should yet return to be tried, in case they should bring in special matter of treason, as they ought to "My lords and gentlemen, I am glad to see do, whensoever they accuse. 3. That by this your here again, to tell you what I have done Bill, power being taken from the king to par-in this interval, which I am confident you will don, it appeareth to be a great entrenchment be pleas'd with, since it is so much for the upon his majesty's royal prerogative. 4. That honour and security of this nation. I have there can be no such case, as have been pre-made a League defensive with the States-Getended, ever to cause a necessity in the house of commons not to acquaint the lords with the particulars openly made known to them, by which they were first satisfied to find ground to accuse. 5. That the commons, so far judging any article to be treason, as to insist upon commitment, without imparting the particulars to the lords, do seem therein to usurped in the last war; but now the posture of our that first part of judicature from the lords, neighbours abroad, and the consequence of the who are the highest court of justice in the new alliance, will oblige me, for our security, kingdom. 6. That to require such commit- to set out a considerable fleet to sea this ment seems to be contrary to the Petition of summer; and because I must build more great Right and Magna Charta, and the rights not ships, and it is as necessary, that I do someonly of the peers and great persons of this thing in order to the fortifying some of our kingdom, but the birth right even of the mean- forts: I have begun something myself in order est subjects; and therefore those proceedings to these ends; but if I have not your speedy not having been according to law and the an-assistance, I shall not be able to go through cient rules of parliament, hath given opportu- with it. Wherefore I do earnestly desire you nity to the earl of C. to absent himself. to take it into your speedy consideration; for 7. The commitment upon a general Impeach- the loss of a little time now may beget a prement hath been heretofore, and may be again, judice not to be repaired. And for the setof most evil and dangerous consequence; tling a firm Peace, as well at home as abroad, and as is conceived, the lords have yet one thing more I hold myself obliged to recomno way for them so well to justify their mend to you, at this present; which is, That fair and upright proceedings in the earl of you would seriously think of some course to beget Clarendon's business, and the true regard a better union and composure in the minds of that they have had herein to the king my Protestant Subjects in matters of Religion; and kingdom, as to decline this Bill of Banish- whereby they may be induced not only to subment, and to expect a particular accusation of mit quietly to the government, but also cheerthe said carl; and thereupon according to lawfully give their assistance for the support of it." and justice to appoint him a day for appear- The Duke of Albemarle's Narrative of the Misance, which if he observe not, without farther carriages of the late War.] The cominous deprocess, sentence might lawfully be pronounc-ferred the consideration of this Speech till after ed against him. Strafford."

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"We having this day given our negatives to the passing of a Bill for banishing and disenabling the earl Clarendon; and having asked leave of the house to enter our Dissents, to

neral 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, though I lie under great Debts contract

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 of York himself, laid each his own Account

before them. That of the duke of Albemarle being as follows:

had before ordered to be there, nor yet come down; and instead of thick, oaken planks, (of "I went early on Tuesday the 11th of June which there was good store in the yards, as it to Chatham, where I found scarce 12 of 800 afterwards appeared) the commissioner would men, which were then in the king's pay, in his only send plauks of deal, saying, he had no majesty's yards; and those so distracted with other; which proved very prejudicial in the fear, that I could have little or no service from use of them: for they were so weak, that at them. I had heard of 30 boats, which were every shot the wheels sunk through the boards, provided by his royal highness; but they were which put us to a continual trouble to get them all, except 5 or 6, taken away by those of the out.-About noon, before the batteries were yards, who went themselves with them, and quite raised, the enemy came on to the place sent and took them away by the example of where our first ships were sunk : I went on commissioner Pett, who had the chief com- board the Monmouth with 50 volunteers, and mand there, and sent away his own goods in appointed soldiers in other ships to make the some of them. I found no ammunition there, best defence we could, if they had proceeded; but what was in the Monmouth; so that I but they were so incumbered before they could presently sent to Gravesend for the train to be clear the way through the sunk ships, and find sent to me, which got thither about 2 the next another passage, that the tide was spent, and day. After I had dispatched this order, I went therefore they made no further advance that to visit the Chain, which was the next thing to day; whereby we had time to consider what to be fortified for the security of the River; do against the next attempt. There were twowhere I found no works for the defence of it. ships ordered to lie within the chain, to be Ithen immediately set soldiers to work for the ready to sink, if occasion should be and raising of two batteries, for there were no other wanting one ship more to sink in the middle men to be got; and when I employed them in between these two ships, I that night ordered it, I found it very difficult to get tools; for the Sancta Maria, a great Dutch prize, to be commissioner Pett would not furnish us with sunk in the deepest place between the two above 30, till by breaking open the stores we aforesaid ships; and I judged it so necessary found more. I then directed timber and thick to be done, that I charged Pett, and the masplanks to be sent to the batteries and gunster of attendance, on peril of their lives, to do also, that they might be ready to be planted it by morning; they having time enough before as soon as the batteries were made; and in the tide served to provide things to carry her the next place I sent capt. Wintour with his down. Pett, who had received orders from company to Upnore-Castle, which I took to be h. r. h. on the 26th of March to remove the a place very fit to hinder the enemy from Royal Charles above the Dock, had, for about coming forwards, if they should force the chain: 9 or 10 weeks, neglected those orders; and, and upon further consideration, though I had when I was getting all the boats I could (for I horse near the fort, lest the enemy should land wanted many) for carrying materials for the there, I commanded sir Edw. Scot, with his batteries, and ammunition and soldiers, for the company, for a further strength of the place; defence of all our places, he came and told and gave him the charge of it, with orders to me, He would carry her up that tide, if he let me know what he wanted for the security might have boats, which I could not then spare: thereof. Having thus provided for Upnore, I for if they were gone, all our batteries must considered where to sink ships without the have been neglected, and I could not transport Chain, next to the enemy, as a further security the timber, powder and shot, and men to to it. I found 5 fire-ships, and the Unity upon them, to resist the enemy the next day. And the place; and advising with commissioner beside, it was advised that instant, if the Pett, and the master of attendance, and the Dutch should have landed in the marsh by the pilot, how to do it; Pett told me, It was their crane, she might have been useful and have opinion, that if 3 ships were sunk at the narrow hindered them, having guns on board. Neverpassage by the Muscle-Bank, the Dutch Fleet theless, having notice shortly after, that there could not be able to come up and I, relying was neither sponge, ladle, powder nor shot in upon their experience who best knew the River, her, I sent capt. Millet, commander of the gave orders accordingly for the doing of it. Matthias, about ten in the morning with But when this was done, they said they wanted orders to Pett to carry her up as he could the two ships more, which I directed them to take next tide; who pretended he could not then do and sink. After this, I ordered sir Edw. it because there was but one pilot that would Spragg to take a boat and sound whether the undertake it, and be was employed about sinking of those would sufficiently secure the sinking of ships. And seeing she was not rePassage (which the pilot and master of atten- moved in the morning, I myself spoke to Pett dance had not before observed) that was deep in the evening, in the presence of col. Macenough for great ships to come in; I thereupon Noughton and cap. Mainsfield, to fetch her off resolved to sink some ships within the chain, that tide; but notwithstanding these orders, and provide some against there should be occa- the ship was not removed, but lay there till sion. I went then to look after the other the enemy took her. On the same morning, ships and batteries, and to see the men and all by break of day, I went to see what was done things ready; but I found the guns, which I about the Sancta Maria, and found men towing.

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